SA and ZA v. Peel Children's Aid Society, 2019 CFSRB 35

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

SA and ZA

Applicants

-and-

Peel Children’s Aid Society

Respondent

DECISION

Adjudicator: Daniel McSweeney

Date: July 24, 2019

Citation: 2019 CFSRB 35

Indexed As: SA and ZA v Peel Children’s Aid Society (CYFSA s. 109)

INTRODUCTION

1This is an Application to the Child and Family Services Review Board (“CFSRB”) under section 109 of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1 (the “Act”).

BACKGROUND

2The Applicants have been foster parents of SS, since approximately June of 2018. The Applicants state that SS has been removed from their home by the Respondent against her wishes. The Applicants indicate that SS’s statement to the Society that she felt uncomfortable in a home with men did not refer to their home. They are concerned for SS’s welfare.

THE LAW

3Subsection 109(6) of the Act states:

The society having care of a child may remove the child from a foster home or other residential placement where, in the opinion of a Director or local director, it is in the child’s best interests to do so.

4Subsection 109(7)(a) of the Act provides that, if a child is in extended society care,

“and has lived continuously with a foster parent for two years and a society proposes to remove the child from the foster parent under subsection (6), the society shall,

(a) give the foster parent at least 10 days notice in writing of the proposed removal and of the foster parent’s right to apply for a review under subsection (8);

5Subsection 109(8) of the Act states:

A foster parent who receives a notice under clause (7)(a) may, within 10 days after receiving the notice, apply to the [CFSRB] in accordance with the regulations for a review of the proposed removal.

ANALYSIS

6A foster parent may only apply for review of the removal of a child from their home if the child has lived continuously with the foster parent for two years. The child, SS, had lived with the Applicant for just over one year when she was not returned to their home after July 9, 2019. As a result, this Application is not eligible for review by the CFSRB.

7I would also note that this is the third Application submitted by this foster family regarding SS. The CFSRB received a similar s. 109 Application by the Applicant on January 17, 2019. This Application was dismissed on January 21, 2019 for the same reasons as this Application (paragraph 6 above).

8The Applicant also submitted a Complaint against Peel Children’s Aid Society which was received by the CFSRB on November 27, 2018. This Complaint highlighted concerns regarding counselling, education, and access services SS received, as well as concerns with the worker assigned to SS’s file. This Complaint was dismissed on November 30, 2018 as the CFSRB had no jurisdiction to address a complaint from an individual or individuals who are not seeking or receiving services from a society. Foster parents are not considered a person or persons who are seeking or receiving services from a society, rather, they are considered service providers to Children’s Aid Societies.

ORDER

9For the reasons outlined above, the Application is dismissed.

confidentiality order

10Pursuant to Rules 9.3 and 9.4 of the CFSRB’s Rules of Procedure parties and their representatives must not use, share, discuss or disclose any CFSRB documents or decisions or any other documents or information provided or used in this application with anyone including through the media or on-line. The CFSRB prohibits the use of any of this information for any purpose outside of the CFSRB’s proceedings, except with an order of the Court or the CFSRB, as appropriate.