SK and KK v. Children’s Aid Society of Toronto, 2020 CFSRB 115

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 21, 2020 Citation: 2020 CFSRB 115 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

2An Interim Decision, dated December 15, 2020, noted that the Application appeared to have been filed 11 days after the Applicants received notice of the Respondent’s decision not to place the child, AS, with them for adoption. The Interim Decision stated:

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

If 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.

3During a December 21, 2020 teleconference, counsel for the Respondent clarified that although the Applicants received the refusal letter on December 4 there were problems opening the attached blank CFSRB Form 3 (Application for Refusal of an Adoption Application). Those problems were not resolved until December 10.

NOTICE REQUIREMENTS

4When 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

5As the full notice of refusal was not received until December 10, 2020, the December 15, 2020 Application was filed within the statutory timelines. Accordingly, the Application is eligible for review by the CFSRB.

DIRECTIONS

6A further one hour teleconference will be held at 10 a.m. on December 30, 2020.

7The purpose of the December 30, 2020 teleconference 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;
• discuss the possibility of mediation; and,
• deal with any other necessary procedural matters.

8The 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

9Pursuant 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.