JG v. Brant Family and Children’s Services, 2022 CFSRB 14

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

JG
Applicant

-and-

Brant Family and Children’s Services
Respondent

DECISION

Adjudicator: Daniel McSweeney
Date: March 18, 2022
Citation: 2022 CFSRB 14
Indexed As: JG v Brant Family and Children’s Services (CYFSA s.109)

INTRODUCTION

1This is an Application filed with the Child and Family Services Review Board (“CFSRB”) under 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 has been the foster parent of MDM (the Child) since September 22, 2021.

4On February 28, 2022, the Applicant was informed verbally by Respondent staff that the Child was going to be moved to another foster home. The Applicant indicated that she did not receive a written notice of the Respondent’s decision.

5The Applicant opposes the proposed move as the transition may cause unnecessary emotional damage to the Child, especially given that there is a plan to reunify the Child with his family.

6The Applicant filed her Application to the Board on March 16, 2022.

NOTICE AND FILING REQUIREMENTS

7Section 109(7) 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.

8A person who receives written notice under section 109(7) of the Act may apply within 10 days to the CFSRB for review of the decision to remove the child.

ANALYSIS

9I considered whether the CFSRB had the jurisdiction to review the Application pursuant to section 109(7) of the Act.

10In this case, the Child has not lived continuously with the Applicant for 2 years. He has lived with the Applicant from September 22, 2021, some 6 months.

11Given that the Child has not lived continuously with the foster parent for two years at the time she received notice of the proposed removal on February 28, 2022, I find that the Applicant is not eligible to have the Respondent’s decision reviewed by the CFSRB.

12For these reasons, the Application is not eligible to proceed to a hearing and must be dismissed.

ORDER

13The Application is dismissed.

CONFIDENTIALITY ORDER

14Pursuant 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 online. 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.