CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
JS and CS Applicants
-and-
Family and Children’s Services of Waterloo Respondent
DECISION
Adjudicator: Catherine Bickley
Indexed As: JS and CS v Family and Children’s Services of Waterloo (CYFSA s.109)
INTRODUCTION
1This is an Application filed with the Child and Family Services Review Board (“CFSRB”) pursuant to section 109 of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1, (the “Act”).
2This decision explains why the Application is not eligible for review by the CFSRB.
BACKGROUND
3The Applicants have been the foster parents of KE since July 15, 2019.
4On May 25, 2021, the Applicants received a letter from the Respondent stating it “does not intend to proceed with an adoption plan for [KE]” and that it had initiated a Status Review Application with the intent of placing KE with a relative.
5The May 25, 2021 letter also stated:
The Society wishes to iterate that it intends to have the issues relating to [KE] determined by the Court and has no intention of removing him from your care unless/until you consent to same, and/or the court determines that this is appropriate.
6The letter advised the Applicants of their right to seek a review of the Respondent’s decision, as follows:
The Society’s position not to proceed with adoption also allows you to apply for a review of our decision to the Child and Family Services Review Board within 10 days should you choose.
7The Application is dated June 3, 2021. It was filed with the CFSRB by email on June 8, 2021.
NOTICE and filing REQUIREMENTS
8Section 109(7)(a) of the Act requires a society to give at least 10 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.
9A person who receives written notice under section 109(7)(a) of the Act may apply within 10 days to the CFSRB for review of the decision to remove the child.
10Similarly, section 192(3) of the Act provides that when a society refuses a person’s application to adopt a particular child, the person may apply within 10 days to the CFSRB for review of that decision.
ANALYSIS
11The CFSRB only has jurisdiction to review the proposed removal of a child if the child has lived continuously with a foster parent for two years at the time notice of the proposed removal is received. In this case, when the Applicants received the May 25, 2021 letter, KE had lived with them for less than two years. As a result, the CFSRB lacks jurisdiction to review KE’s proposed removal.
12The May 25, 2021 letter appears to also be a refusal of an adoption application. There is no requirement that a child live with a person for any period of time in order for the person to request a review of the adoption refusal. The 10-day period in which an application may be filed, however, applies to adoption refusals as well as to proposed removal of a child from a foster home. In either case, an application to the CFSRB must be made within 10 days after a person receives notice of the society’s decision.
13Although the Application is dated June 3, 2021 (9 days after the May 25, 2021 letter) it was not filed with the CFSRB until June 8, 2021 (14 days after the May 25, 2021 letter). Thus, the Application was filed outside the mandatory timelines set out in the Act.
14For these reasons, the Application is not eligible to proceed to a hearing and must be dismissed.
order
15The Application is dismissed.
confidentiality order
16Pursuant 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.
Dated at Toronto, June 10, 2021
Catherine Bickley
Catherine Bickley
Vice-Chair