The applicant foster parent sought a review of the proposed removal of a First Nations child from her home under section 109(8) of the Child, Youth and Family Services Act, 2017.
The respondent agency raised a preliminary issue regarding jurisdiction, arguing the child was in customary care, not extended society care.
The Child and Family Services Review Board found that because the child was placed pursuant to a customary care agreement and had never been the subject of a child protection application, section 109 did not apply.
The application was dismissed for lack of jurisdiction.
