LKS v. Children’s Aid Society of Hamilton, 2021 CFSRB 83

CHILD AND FAMILY SERVICES

REVIEW BOARD

BETWEEN:

LKS

Applicant

-and-

Children’s Aid Society of Hamilton

Respondent

INTERIM DECISION

Adjudicator: Catherine Bickley

Date: November 24, 2021

Citation: 2021 CFSRB 83

Indexed As: LKS v Children’s Aid Society of Hamilton (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 Applicant was the foster mother of the child, MH, for approximately two years. On October 21, 2019 she applied to adopt MH. In January 2020 the Applicant withdrew her application to adopt MH.

3In May or June of 2020, the Applicant renewed her application to adopt MH. She filed an application with the CFSRB when the Respondent told her it did not support her application. That CFSRB application was resolved through an agreement that the Respondent would complete the Applicant’s home study and would give her notice if it decided to place MH in an adoptive home other than hers.

4By email, dated November 17, 2021, the Respondent advised the Applicant that “another adoptive applicant has been identified as the match for [MH]”.

5The Application was filed on November 19, 2021.

NOTICE REQUIREMENTS

6When 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

7The Application was filed within 10 days of the Applicants receiving written notice that the Respondent was refusing her application to adopt MH. Accordingly, this Application is eligible to proceed to a hearing.

DIRECTIONS

8In order to ensure that this hearing proceeds expeditiously, the CFSRB has set the first day of hearing for Wednesday, December 1, 2021. A one-hour teleconference will be held on that date at 2:00 p.m.

9The 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.

10The 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

11Pursuant 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.