CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
JD
Applicant
-and-
The Children’s Aid Society of the Districts of Sudbury and Manitoulin
Respondent
DECISION
Adjudicator: Catherine Bickley
Indexed As: JD v Family and The Children’s Aid Society of the Districts of Sudbury and Manitoulin (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 Applicant and his spouse have been the foster parents of the youth, CB, for most of CB’s life. In April 2021, CB turned 18 years old. In August 2021, CB was moved from the Applicant’s home to a home for adults with special needs.
4After being served with the Application, the Respondent wrote to the CFSRB, by letter dated August 30, 2021, challenging the CFSRB’s jurisdiction to review the Application on two grounds. First, that CB is no longer a child as defined by the Act. Second, that the court order placing CB in extended society care expired when CB turned 18.
5In response to the Respondent’s August 30, 2021 letter, the Applicant sent the CFSRB an email on August 31, 2021 reiterating the concerns he raised in the Application about CB’s current living situation. He did not address the jurisdictional issues raised by the Respondent.
THE LAW
6Section 2.(1) of the Act defines a child as “a person younger than 18.”
7Section 123 of the of the Act states:
An order under this Part [Part V Child Protection] expires when the child who is the subject of the order,
(a) turns 18;
ANALYSIS
8Section 109 of the Act applies to situations involving the proposed removal from a foster home of a child who is in extended society care and who has lived continuously with the foster parent for two years or move.
9CB is no longer a child as defined by the Act. As CB is now legally an adult, the CFSRB lacks the jurisdiction to review an application filed by his former foster parent. In addition, the court order placing CB in extended society care expired when he turned 18. As a result, section 109 of the Act does not apply to CB’s removal from the Applicant’s home.
10For these reasons, the Application is not eligible to proceed to a hearing and must be dismissed.
ORDER
11The Application is dismissed.
CONFIDENTIALITY ORDER
12Pursuant 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, September 2, 2021
Catherine Bickley
Catherine Bickley
Vice-Chair