AG v. Family & Children’s Services Niagara, 2019 CFSRB 48

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

AG

Applicant

-and-

Family & Children’s Services Niagara

Respondent

DECISION

Adjudicator: Catherine Bickley

Date: August 28, 2019

Citation: 2019 CFSRB 48

Indexed As: AG v Family & Children’s Services Niagara (CYFSA s. 192)

INTRODUCTION

1This is an Application under section 192(3) of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1 (the “Act”).

BACKGROUND

2On June 4, 2019, the Applicant submitted an application to adopt her grandson, HE.

3On August 13, 2019, the Applicant received a letter from the Respondent stating that the Respondent “has determined that it is unable to proceed with your adoption plan for the Child”.

4The Applicant filed the Application on August 22, 2019.

NOTICE REQUIREMENTS

5Section 192(3) of the Act provides that a person who receives a refusal of their application to adopt a particular child may apply within 10 days to the CFSRB for review of that decision.

ANALYSIS

6The Applicant filed the Application within 10 days of receiving written notice that the Respondent was refusing her application to adopt HE.

7Accordingly, the Application is eligible to proceed to a hearing.

DIRECTIONS

8In order to ensure that this hearing proceeds expeditiously, the CFSRB has set the first day of hearing for September 4, 2019. A one-hour teleconference will be held on that date at 10 a.m.

9The purpose of the first day of hearing is to:

• 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.

10The CFSRB expects that subsequent hearing day(s) will be scheduled shortly after the first day of hearing given the importance of resolving disputes about the refusal of an adoption application as soon as possible.

11The CFSRB may issue further directions as required.

confidentiality order

12Pursuant 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.