MH v. Children’s Aid Society of Toronto, 2020 CFSRB 105

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

MH Applicant

-and-

Children’s Aid Society of Toronto Respondent

INTERIM DECISION

Adjudicator: Catherine Bickley Date: December 3, 2020 Citation: 2020 CFSRB 105 Indexed As: MH v Children’s Aid Society of Toronto (CYFSA s.192)

INTRODUCTION

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

BACKGROUND

2The Applicant lives in British Columbia. She wishes to adopt a child, BG, who lives in Toronto. The Applicant has a kin relationship with the child.

3The Respondent sent the Applicant a letter, dated November 4, 2020, stating it had “made the decision not to place this child on adoption with you.” The letter referred to a leaflet which apparently explained the process for requesting a review of the decision.

4On November 16, 2020, the Applicant filed an Application for review with the CFSRB using an outdated form (a form used under the former legislation). The CFSRB directed her to refile using the correct form.

5The Applicant filed an Application, dated November 23, 2020, on the correct form. Some information was missing from the form. After follow up from the CFSRB, additional information was received from the Applicant and the file was opened on December 2, 2020.

NOTICE REQUIREMENTS

6When a person receives written notice under section 192 that a children’s aid society has decided to refuse their application to adopt a particular child, they may apply within 10 days to the CFSRB for review of that decision. Specific requirements apply to the notice of refusal (See: JT and CT v Windsor-Essex Children’s Aid Society, 2019 CFSRB 74).

ANALYSIS

7It is unclear whether the notice provided by the Respondent met all the necessary requirements.

8It is unclear whether the Application was filed within the statutory timelines.

9Further information is required to determine these two issues.

DIRECTIONS

10In order to ensure that this hearing proceeds expeditiously, the CFSRB has set the first day of hearing for December 8, 2020. A one-hour teleconference will be held on that date at 3 p.m. (EST) [noon in British Columbia].

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

• identify and discuss any preliminary issues, including whether the Respondent provided proper notice under the Act and whether the Application was filed within the statutory time limits;

• If the potential preliminary issues are resolved, the CFSRB may also:

a. provide directions about evidence and witnesses;

b. set timelines for document disclosure and submission of witness statements;

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

d. deal with any other necessary procedural matters.

12The CFSRB expects subsequent hearing day(s) will take place within a short time given the importance of resolving disputes about the refusal of an adoption application.

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.