NM and MM v. Kina Gbezhgomi Child & Family Services, 2019 CFSRB 63

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

NM and MM Applicants

-and-

Kina Gbezhgomi Child & Family Services Respondent

INTERIM DECISION

Adjudicator: Catherine Bickley Date: October 23, 2019 Citation: 2019 CFSRB 63 Indexed As: NM and MM v Kina Gbezhgomi Child & 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

2The Applicants are foster parents of a child, WM. He has lived with them continuously since he came into their care in October 2010 when he was two years old.

3In an October 16, 2019 letter, the Respondent gave the Applicants notice that it intended to move WM from their home to the home of his biological mother on October 26, 2019.

4The Applicants filed this Application on October 21, 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

6WM has lived continuously with the Applicants for more than two years. The Application states that WM is a "crown ward" (now called "extended society care"). The Applicants filed the Application within 10 days of receiving written notice that the Respondent intended to remove WM from their home.

7Accordingly, this 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 October 30, 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 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.

11Section 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.

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.