SK and KK v. Children’s Aid Society of Toronto, 2020 CFSRB 111

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

SK and KK

Applicants

-and-

Children’s Aid Society of Toronto

Respondent

INTERIM DECISION

Adjudicator: Catherine Bickley

Date: December 16, 2020

Citation: 2020 CFSRB 111

Indexed As: SK and KK 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 Applicants wish to adopt the child, AS.

3The Respondent sent the Applicant a letter, dated December 4, 2020, stating it had “made the decision not to place this child with you for adoption.” The letter included the following information:

You are entitled to seek a review of this decision by filing an application within 10 days of this Notice. We have enclosed a sample application for review form, as well as a pamphlet with some information about the process. More information may also be found at http://www.sjto.gov.on.ca/cfsrb/.

4At 10:56 p.m. on December 14, 2020, the Applicants filed an Application requesting the CFSRB review the Respondent’s decision to refuse their application to adopt AS. The enclosures mentioned in the December 4, 2020 letter were not included with the Application.

NOTICE REQUIREMENTS

5When 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).

6Rule 2.1(e) of the CFSRB’s Rules of Procedure states:

A document filed with the CFSRB after 5:00 p.m. will be considered as filed on the next day which is not a holiday.

ANALYSIS

7The Application was filed after 5 p.m. on December 14, 2020. Thus, the CFSRB’s Rules consider the Application to have been filed on December 15, 2020, which is 11 days after December 4, 2020.

8If the December 4, 2020 notice met the requirements of the Act, the Application is out of time and cannot be reviewed by the CFSRB.

9If the December 4, 2020 notice did not meet the requirements of the Act, the Application is not out time and can be reviewed by the CFSRB.

DIRECTIONS

10In order to ensure that this hearing proceeds expeditiously, the CFSRB has set the first day of hearing for December 21, 2020. A one hour teleconference will be held on that date at 10 a.m.

11The focus of the first day of hearing will be to determine whether the Application was filed within the statutory time limits.

12By no later than December 18, 2020, the Respondent is directed to provide the CFSRB with a copy of the material enclosed with the December 4, 2020 letters.

13If the Application is determined to be eligible for review, the 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

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 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.