DC and PC v. Dilico Anishinabek Family Care, 2019 CFSRB 53

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

DC and PC Applicants

-and-

Dilico Anishinabek Family Care Respondent

DECISION

Adjudicator: Catherine Bickley Date: September 10, 2019 Citation: 2019 CFSRB 53 Indexed As: DC and PC v Dilico Anishinabek Family Care (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

2The Applicants are foster parents of the child, ULM. He has been in their care continuously since March 2012.

3On August 27, 2019, the Applicants received a letter from the Respondent stating that the Respondent intended to move ULM to the home of his paternal aunt on September 13, 2019.

4The Applicants filed this Application on September 5, 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

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

DIRECTIONS

7The CFSRB has set the first day of hearing for September 17, 2019. A one hour teleconference will be held on that date at 2 p.m.

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

• Determine whether there is an issue as to whether ULM is in extended society care. If there is an issue concerning ULM's status, the CFSRB will determine the appropriate process for determining that issue.
• 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.

10Section 109(16) of the Act prohibits the removal of a child from a foster home once an application for review of the proposed removal has been made unless the CFSRB has confirmed the proposed removal or unless the child is likely to suffer harm pending the CFSRB review of the proposed removal

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.