MA v. Kunuwanimano Child and Family Services, 2019 CFSRB 47

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

MA Applicant

-and-

Kunuwanimano Child and Family Services Respondent

DECISION

Adjudicator: Catherine Bickley Date: August 23, 2019 Citation: 2019 CFSRB 47 Indexed As: MA v Kunuwanimano Child and Family Services (CYFSA s. 109)

INTRODUCTION

1This is an Application under section 109(8) of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1 (the "Act").

BACKGROUND

2In June 2016, the Applicant became a foster parent of the child, NL. Between September 7, 2016 and January 6, 2017, NL did not live with the Applicant. Since her return to the Applicant's home in January 2017, NL has lived continuously with the Applicant.

3On August 16, 2019, the Applicant received a letter (dated August 15, 2019) from the Respondent to Bridgeway Family Homes. The letter stated that the Respondent intended to move NL no later than September 16, 2019.

4The Applicant filed this Application on August 16, 2019.

NOTICE REQUIREMENTS

5Section 109(7) of the Act requires a society to give at least 10 days written notice of a decision to remove a child in extended society care from a foster home when that child has lived continuously with a foster parent for two years. When a person receives written notice under section 109(7) they may apply within 10 days to the Child and Family Services Review Board ("CFSRB") for review of the decision to remove the child.

ANALYSIS

6NL has lived continuously with the Applicant for more than two years. The Applicant filed the Application within 10 days of receiving written notice that the Respondent intended to remove NL from her home. However, it is not clear from the information provided whether NL is in extended society care.

DIRECTIONS

7The CFSRB has set the first day of hearing for August 27, 2019. A one hour teleconference will be held on that date at 1 p.m.

8The purpose of the first day of hearing is to:

• Determine whether there is an issue concerning NL's status at the time of the proposed removal, namely whether she is in extended society care. If there is an issue concerning NL's status, the CFSRB will determine the appropriate process for determining that issue.
• Determine whether this Application should be joined with another Application filed with the CFSRB involving the proposed removal by Kunuwanimano of two children who are the sibling of the child in this Application;
• If the Application is eligible to proceed to a hearing on the merits, the CFSRB will:
  • Identify any preliminary issues;
  • Provide directions about evidence and witnesses;
  • Set timelines for document disclosure and submission of witness statements;
  • Set a date or dates for continuation of the hearing; and,
  • Deal with any other necessary procedural matters.

9The CFSRB expects that subsequent hearing day(s) will be scheduled no later than three or four weeks after the first day of hearing given the importance of resolving disputes about the removal of a child from a foster home as soon as possible.

10The CFSRB may issue further directions as required.

CONFIDENTIALITY ORDER

11Pursuant 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.