AS v. Family and Children’s Services of Niagara, 2020 CFSRB 57

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

AS

Applicant

-and-

Family and Children’s Services of Niagara

Respondent

DECISION

Adjudicator: Catherine Bickley

Date: June 11, 2020

Citation: 2020 CFSRB 57

Indexed As: AS v Family and Children’s Services of Niagara (CYFSA s.120)

INTRODUCTION

1This is an Application filed with the Child and Family Services Review Board (“CFSRB”) pursuant to section 120 of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1, (the “Act”).

BACKGROUND

2The Applicant’s two sons were removed from her care in December 2019.

3The Applicant states she expected a decision to return her sons to her would be made by the Court on June 3, 2020. Instead, that proceeding was adjourned to July due to COVID-19. The Applicant says the Respondent then told her on June 4, 2020 that it wants “to keep my sons for another 6 months now saying they don’t feel safe handing my sons back to me”.

THE LAW

4Section 120(8)(a) of the Act states:

The Board shall not conduct a review of a complaint under this section if the subject of the complaint,

(a)is an issue that has been decided by the court or is before the court.

ANALYSIS

5In the Application, the Applicant answered “yes” to questions 9 and 10 which ask whether the concern she describes has been dealt with in Court or is currently before the Court.

6It is clear from the Applicant’s description of her concerns that the issue of whether or not her sons will be returned to her is currently before the Court and thus outside the CFSRB’s jurisdiction. The adjournment of the June 3, 2020 hearing date to July 2020 does not alter this fact.

7As a result, section 120(8)(a) of the Act bars the CFSRB from reviewing the Application.

ORDER

8The Application is dismissed.

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.