CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
ML
Applicants
-and-
Dilico Anishinabek Family Care
Respondent
INTERIM DECISION
Adjudicator: Catherine Bickley
Indexed As: ML v Dilico Anishinabek Family Care (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 is the foster parent of two siblings. One child has been in the Applicant’s home for more than four years while the other child has been in her home for three years.
3The Applicant states the Respondent has “only given verbal notice of plans to move the children”. She expresses concern about missing the opportunity to have the proposed removal of the children reviewed by the CFSRB if she waits for a written notice.
4The Application filed on October 18, 2021 was incomplete. The Applicant provided additional information required to complete the Application on October 19, 2021.
NOTICE REQUIREMENTS
5Section 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. When a person receives written notice under section 109(7)(a) they may apply within 10 days to the Child and Family Services Review Board (“CFSRB”) for review of the decision to remove the child.
ANALYSIS
6The two children have lived continuously with the Applicant for more than two years.
7Given the lack of written notice, further information is required in order to determine whether the CFSRB has jurisdiction over this Application.
8The Application is eligible to proceed to an initial hearing to determine the jurisdictional question.
DIRECTIONS
9In order to ensure that this hearing proceeds expeditiously, the CFSRB has set the first day of hearing for October 26, 2021. A one hour teleconference will be held on that date at 2:00 p.m.
10The purpose of the first day of hearing is to:
identify any preliminary issues, including whether the CFSRB has jurisdiction in the absence of written notice;
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.
11The CFSRB expects subsequent hearing day(s) will take place within a short time given the importance of resolving disputes about the removal of children from a foster home as soon as possible
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, October 21, 2021.
Catherine Bickley
Catherine Bickley
Vice-Chair