CK v. Kenora-Rainy River Child & Family Services, 2019 CFSRB 71

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

CK Applicant

-and-

Kenora-Rainy River Child & Family Services Respondent

INTERIM DECISION

Adjudicator: Catherine Bickley Date: November 5, 2019 Citation: 2019 CFSRB 71 Indexed As: CK v Kenora-Rainy River 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' grandchild, TSS, was in kinship care with the Applicants from December 2011 until sometime earlier this year, except for a four month period two years ago. TSS was removed from the Applicants' care following allegations she made about her grandfather's behaviour. The exact date of her removal is not specified in the Application.

3On October 9, 2019, the Respondent delivered a letter to the Applicants stating:

... the Agency cannot guarantee [TSS's] safety in the family home with absolute certainty. It has been decided that [TSS] will remain in the care of the Society outside of kinship care.

4On October 23, 2019, the Applicant filed an Application under s.120 of the Act. The Applicant then filed this Application on October 30, 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. A person who receives written notice under section 109(7) may apply within 10 days to the Child and Family Services Review Board ("CFSRB") for review of the decision to remove the child.

ANALYSIS

6On the information currently before the CFSRB, it is unclear whether this Application is eligible for review. Whether the Application meets the eligibility criteria will be discussed on the first day of hearing, as set out below.

DIRECTIONS

7The CFSRB has set the first day of hearing for November 12, 2019. A one hour teleconference will be held on that date at 3 p.m. EST (2 p.m. CST).

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

• Determine whether there is an issue with respect to any of the following:
  • whether the Respondent provided notice in accordance with the Act;
  • whether the Application was filed within the timeframe set out in the Act;
  • whether TSS is in extended society care; and,
  • whether s.109 applies to kinship care situations.

If the parties disagree on any of these potential issues, the CFSRB will determine the appropriate process for determining the issue(s).

• If the Application is eligible to proceed to a hearing on the merits, the CFSRB will:
  • identify any additional 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.