TW v. Tikinagan Child and Family Services, 2024 CFSRB 109

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

TW

Applicant

-and-

Tikinagan Child and Family Services

Respondent

DECISION

Adjudicator: Caroline Sand

Date: October 15, 2024

Citation: 2024 CFSRB 109

Indexed As: TW v Tikinagan Child and Family Services (CYFSA s.109)

Introduction

1This is an Application filed under section 109 of the Child, Youth and Family Services Act, 2017, S.O. 2017, c.14, Sched.1, (the “Act”).

2This decision explains why the Application is not eligible for review by the CFSRB.

BACKGROUND

3The Applicant filed the Application on October 9, 2024. The Applicant alleged that the child was removed from her care without notice to her in July 2024, after living in her foster care for over seven years. The Applicant expressed grave concern for the safety and wellbeing of the child since his removal from her home.

4The CFSRB held a videoconference on October 15, 2024, to gain more information to determine if the Application is eligible for review. Namely, the CFSRB needed to understand if the Applicant received written notice of the removal of the child from her care, the timing of the Application, and whether the child was in customary care or extended society care.

the law

5Section 109 of the Act sets out:

Notice of proposed removal

(7) If a child is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c) and has lived continuously with a foster parent for two years and a society proposes to remove the child from the foster parent under subsection (6), the society shall,

(a) give the foster parent at least 10 days notice in writing of the proposed removal and of the foster parent’s right to apply for a review under subsection (8); and

(b) in the case of a First Nations, Inuk or Métis child, give the notice required by clause (a), and

(i) give at least 10 days notice in writing of the proposed removal to a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities, and

(ii) after the notice is given under subclause (i), consult with representatives chosen by the bands and communities relating to the plan of care for the child.

Application for review

(8) A foster parent who receives a notice under clause 7(a) may, within 10 days after receiving the notice, apply to the Board in accordance with the regulations for a review of the proposed removal.

analysis

6Under section 109 (7) of the Act, an Application is only eligible for review if the child is in court ordered extended society care. At the videoconference, counsel for the society explained, and the Applicant agreed, that the child has been in a customary care agreement, in the Applicant’s care for seven years. Counsel confirmed that there has never been a court order. As such, the CFSRB does not have the jurisdiction to review this Application.

order

7The Application is dismissed.

confidentiality order

8Pursuant 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.