OCFSRB 2015

The Applicant sought a compliance decision regarding a previous Board order requiring the Society to move her to a treatment foster home, consult with her about the placement, and refer her to a children's health program.

The Board found that the Society failed to comply with the placement and consultation aspects of the order, as the new foster home did not meet the criteria for a treatment foster home and the Society did not adequately consider the Applicant's views.

The Board found the Society did comply with the referral requirement.

The Board issued further orders directing the Society to locate an appropriate treatment foster home and properly consult with the Applicant.

The Applicant, a mother whose child was subject to a crown wardship order with no access, brought an application alleging the Children's Aid Society failed to hear her or provide reasons regarding the child's out-of-province kin placement and its communications with police.

The Society argued it was not obliged to consult the Applicant due to the crown wardship order and child protection concerns.

The Board found that the Society failed to meet its statutory obligations to hear the Applicant and provide reasons regarding the kin placement and her service concerns about the police.

The Board ordered the Society to receive and genuinely consider the Applicant's written input regarding the kin placement and to provide a detailed written response.

The 14-year-old applicant applied to the Child and Family Services Review Board to review his emergency admission to a secure treatment program.

The admission was sought due to his violent and aggressive behaviour at home, which led to his apprehension by the Children's Aid Society.

The Board found that while the applicant had a mental disorder and posed a risk of harm, the criterion requiring that no less restrictive method of treatment be appropriate was not met.

The applicant's behaviour had stabilized in an open custody facility prior to admission, and alternative non-secure treatment options had not been adequately explored.

The Board ordered the applicant's release.

The applicant grandfather sought to review the Society's refusal of his application to adopt his grandchild.

The Society brought a motion to dismiss the application for lack of jurisdiction, arguing the child was not yet a Crown ward and therefore not available for adoption.

The Board found it had jurisdiction under section 144(1) of the Child and Family Services Act, as the provision does not require the child to be a Crown ward before a refusal can be reviewed.

However, because a summary judgment motion for Crown wardship was scheduled for the following month, the Board adjourned the application to avoid planning in a vacuum.