SC and SC v. Children’s Aid Society of Algoma, 2020 CFSRB 20

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

SC and SC Applicant

-and-

Children’s Aid Society of Algoma Respondent

DECISION

Adjudicator: Catherine Bickley Date: March 9, 2020 Citation: 2020 CFSRB 20 Indexed As: SC and SC v Children’s Aid Society of Algoma (CYFSA s.109)

INTRODUCTION

1This is an Application filed with the Child and Family Services Review Board (“CFSRB”) under section 109(8) of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1 (the “Act”).

BACKGROUND

2The Applicants became foster parents of the child, TP, in March 2017. She lived continuously with them until she was removed by the Respondent on December 13, 2019.

3By letter dated December 13, 2019, the Respondent provided the Applicants with written notice of TP’s proposed removal. The letter included the following information:

Please note that in accordance with section 109(8) of the CYFSA that within 10 days of receiving this notice you have the right to apply to the Child and Family Services Review Board for a review of the removal.

4The letter also stated that the removal was “effective today” on the basis that TP was likely to suffer harm if she continued to live in the Applicants’ home.

5The Applicants state they thought they had to wait to file the Application until after a police investigation was completed and reviewed by the Respondent.

6The Applicants filed the Application on March 2, 2020.

NOTICE REQUIREMENTS

7Section 109(7)(a) of the Act requires a society to give at least ten 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. When a person receives written notice under section 109(7)(a) they may apply within ten days to the Child and Family Services Review Board for review of the decision to remove the child.

ANALYSIS

8TP is in extended society care and has lived continuously with the Applicants for more than two years. The only issues regarding eligibility are whether the Applicants received proper notice of TP’s removal and, if so, whether they filed the Application within the ten day period set out in the Act.

9The ten day deadline for filing an application to the CFSRB means there is only a very short period of uncertainty about whether a children’s aid society’s decision to remove a foster child will be challenged. The Act does not provide any exception to the requirement to file within ten days timeline where proper notice has been given.

10The December 13, 2019 letter is clear that the Applicants have the right to apply to the CFSRB for a review of TP’s removal. It is also clear that there is a ten day period in which an application to the CFSRB can be made. I find the December 13, 2019 letter satisfies the notice requirements of the Act.

11The Applicants had ten days from receipt of the written notice to file an application with the CFSRB (i.e., until December 23, 2019). The Application was filed more than two months later.

12For these reasons, the Application is not eligible for review by the CFSRB.

ORDER

13The Application is dismissed.

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.