AE v. Simcoe Muskoka Child, Youth and Family Services, 2019 CFSRB 60

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

AE

Applicant

-and-

Simcoe Muskoka Child, Youth and Family Services

Respondent

INTERIM DECISION

Adjudicator: Catherine Bickley Date: October 4, 2019 Citation: 2019 CFSRB 60 Indexed As: AE v Simcoe Muskoka Child, Youth and Family Services (CYFSA s.109)

INTRODUCTION

1This is an Application filed with the Child and Family Services Review Board (“CFSRB”) under section 109(8) of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1 (the “Act”).

BACKGROUND

2The Applicant became a foster parent of the child, MM, in 2011 when he was 13 months old.

3MM lived continuously with the Applicant from 2011 until he was recently removed from the Applicant’s home. The exact date of his removal is not stated in the Application but it appears to be late summer or early fall 2019.

4The Applicant states that the removal was “initially described to [her] as respite”. On September 20, 2019 the Applicant received correspondence from the Respondent stating that MM would not be returned to her care

5The Applicant filed the Application on September 30, 2019.

NOTICE REQUIREMENTS

6Section 109(7)(a) 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)(a) they may apply within 10 days to the Child and Family Services Review Board for review of the decision to remove the child.

ANALYSIS

7MM is in extended society care and has lived continuously with the Applicant for more than two years. The Applicant filed the Application within 10 days of being given notice that MM’s removal from her home was permanent. Accordingly, this Application is eligible for review by the CFSRB.

8The circumstances of this case may raise issues as to whether the Respondent has complied with sections 109(16) and 109(17) of the Act. Those sections prohibit the removal of a child (who is in extended society care and has lived continuously with a foster parent for two or more years) from a foster home during the 10 day appeal period or until the CFSRB has confirmed a proposed removal unless the child is likely to suffer harm during the time necessary for a review by the CFSRB.

DIRECTIONS

9In order to ensure that this hearing proceeds expeditiously, the CFSRB has set the first day of hearing for October 9, 2019. A one hour teleconference will be held on that date at 10:00 a.m.

10The purpose of the first day of hearing is to:

• address the application of sections 109(16) and 109(17) to the facts of this case;

• identify any other 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.

11The 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.

12The CFSRB may issue further directions as required.

CONFIDENTIALITY ORDER

13Pursuant 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.