DCG and MG v. Family and Children's Services Niagara, 2019 CFSRB 70

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

DCG and MG Applicant

-and-

Family and Children’s Services Niagara Respondent

DECISION

Adjudicator: Catherine Bickley Date: November 5, 2019 Citation: 2019 CFSRB 70 Indexed As: DCG and MG v Family and Children’s Services Niagara (CYFSA s.192)

INTRODUCTION

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

BACKGROUND

2The Applicants wish to adopt a child, SSN. They are the adoptive parents of two of SSN’s siblings.

3On October 25, 2019, the Respondent wrote to the Applicants stating, “the Society has determined that it is unable to proceed with your adoption plan for the Child”.

4The Applicants filed this Application on November 1, 2019.

NOTICE REQUIREMENTS

5Section 192(2) of the Act requires a society to give at least 10 days written notice of a decision to refuse an application to adopt. When a person receives written notice under section 192(2) they may apply within 10 days to the CFSRB for review of the decision to refuse an application to adopt.

ANALYSIS

6The Applicants filed this Application within 10 days of receiving written notice that their adoption application had been refused. Accordingly, this Application is eligible to proceed to a hearing.

DIRECTIONS

7In order to ensure that this hearing proceeds expeditiously, the CFSRB has set the first day of hearing for November 12, 2019. A one hour teleconference will be held on that date at 11 a.m.

8The 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.

9The CFSRB expects that subsequent day(s) of hearing will be no later than three to four weeks after the first day of hearing given the importance of resolving disputes about an adoption refusal 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.