RS and YS v. Children's Aid Society of Toronto, 2021 CFSRB 55

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

RS and YS Applicants

-and-

Children’s Aid Society of Toronto Respondent

INTERIM DECISION

Adjudicator: Catherine Bickley Date: August 16, 2021 Citation: 2021 CFSRB 55 Indexed As: RS and YS 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 have been the foster parents of AM for almost two years. They made an application to adopt AM on August 6, 2021. That same day they received a letter from the Respondent stating it had “made the decision not to place this child with you for adoption [because] … an adoptive family has been identified that meets the child’s racial and religious needs.”

3The Application was filed on August 13, 2021.

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.

ANALYSIS

5The Application was filed within 10 days of the Applicants receiving written notice that their adoption application had been refused. Accordingly, this Application is eligible to proceed to a hearing.

DIRECTIONS

6In order to ensure that this hearing proceeds expeditiously, the CFSRB has set the first day of hearing for Monday, August 23, 2021. A one-hour teleconference will be held on that date at 2:00 p.m.

7The purpose of the first day of hearing 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; 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 as soon as possible

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.