RI v Brantford Family and Children’s Services, 2021 CFSRB 60

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

RI Applicant

-and-

Brantford Family and Children’s Services Respondent

INTERIM DECISION

Adjudicator: Catherine Bickley Date: September 7, 2021 Citation: 2021 CFSRB 60 Indexed As: RI v Brantford Family and Children’s Services (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”).

BACKGROUND

2The Applicant and his spouse became the foster parents of SL in March 2004. SL will turn 18 years old later this year.

3In July 2021, the Respondent removed SL from the Applicant’s home and commenced an investigation. SL has not been returned to the Applicant’s home.

4Three letters from the Respondent to the Applicant are attached to the Application. Two deal with the outcome of the investigation. The third, dated August 25, 2021, gives the Applicant formal notice under section 109 of the Act that SL is being removed from his care. The Applicant states that he received the notice letter on August 27, 2021.

5The Application was filed on September 3, 2021.

NOTICE REQUIREMENTS

6Section 109(7)(a) of the Act requires a children’s aid 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 the child has lived continuously with a foster parent for two years. Section 109(17) permits a children’s aid society to remove a child without that notice if “in the opinion of a local director, there is a risk that the child is likely to suffer harm during the time necessary for a review by the Board.” When a person receives written notice under section 109(7)(a) they may apply within 10 days to the CFSRB for review of the decision to remove the child.

ANALYSIS

7SL had lived continuously with the Applicant for more than two years at the time she was removed from his home in July 2021. Until the completion of the investigation, it was unclear whether she would be returning to the Applicant’s home. The Respondent’s August 25, 2021 letter made it clear that she would not.

8The Application was filed within 10 days of the Applicant receiving written notice under section 109(7)(a) of the Act.

9For these reasons, the Application is eligible to proceed to a hearing.

DIRECTIONS

10In order to ensure that this hearing proceeds expeditiously, the CFSRB has set the first day of hearing for September 13, 2021. A one hour teleconference will be held on that date at 10:00 a.m.

11The 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;

• discuss the possibility of mediation; and,

• deal with any other necessary procedural matters.

12The CFSRB expects subsequent hearing day(s) will take place within a short time given the importance of resolving disputes about the removal of a child from a foster home as soon as possible

CONFIDENTIALITY ORDER

13Pursuant 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.