SC v. Children’s Aid Society of Hamilton, 2019 CFSRB 90

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

SC

Applicant

-and-

Children’s Aid Society of Hamilton

Respondent

INTERIM DECISION

Adjudicator: Catherine Bickley Date: December 19, 2019 Citation: 2019 CFSRB 90 Indexed As: SC v Children’s Aid Society of Hamilton (CYFSA s.192)

INTRODUCTION

1This is an Application filed with the Child and Family Services Review Board (“CFSRB”) under section 192(3) of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1 (the “Act”).

BACKGROUND

2The Applicant has been the foster parent of the child, EA, since January 2010.

3The Applicant was in process to adopt EA when he was removed from her home by the Respondent in February 2019. She filed Applications with the CFSRB in March 2019 challenging that removal and the refusal of her adoption plan. In June 2019, EA was returned to the Applicant’s care and the adoption process continued.

4On October 28, 2019, the Respondent apprehended EA.

5The Applicant filed this Application on December 13, 2019.

NOTICE REQUIREMENTS

6Section 192(3) of the Act provides that a person who receives a refusal of their application to adopt a particular child may apply within 10 days to the CFSRB for review of that decision.

ANALYSIS

7Section 192(2) requires a children’s aid society that decides to refuse an adoption application to give written notice to a prospective adoptive parent. That notice triggers the 10 day period in which an individual may apply to the CFSRB.

8The Applicant has not received written notice that the Respondent is refusing her application to adopt EA. The Application states that the Applicant has received oral notice.

9In the absence of written notice it is unclear whether the Respondent has refused the Applicant’s application to adopt EA.

DIRECTIONS

10In order to ensure that this hearing proceeds expeditiously, the CFSRB has set the first day of hearing for December 23, 2019. A one hour teleconference will be held on that date at 10:00 a.m.

11The purpose of the first day of hearing is to:

• Determine whether the Respondent has refused the Applicant’s application to adopt EA;

• If the Respondent has refused the Applicant’s application to adopt EA, the CFSRB will:

o identify any other preliminary issues;

o provide directions about evidence and witnesses;

o set timelines for document disclosure and submission of witness statements;

o set a date or dates for continuation of the hearing; and,

o deal with any other necessary procedural matters.

12The 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 and the refusal of an adoption application as soon as possible.

13The CFSRB may issue further directions as required.

confidentiality order

14Pursuant 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 these Applications 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.