CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
CP
Applicant
-and-
Cornerstone Adoption Agency
Respondent
INTERIM DECISION
Adjudicator: Tamara Jordan
Indexed As: CP v Cornerstone Adoption Agency (CYFSA s.192)
OVERVIEW
1This is an Application filed with the Child and Family Services Review Board (“CFSRB”) under section 192 of the Child, Youth and Family Services Act, 2017, S.O. 2017, c.14, Sched.1 (the “Act”).
2The Respondent is an agency licensed by the Ontario Ministry of Children, Community and Social Services to facilitate private international adoptions and a “licensee” under the Act.
3The Applicant states that on or around June 25, 2024, the Respondent, placed two children originally from the Philippines, PGPB and AP (“Children”), with him and his wife for the purpose of adoption.
4On October 30, 2024, the Respondent delivered to the Applicant and his wife a letter in which the Respondent provided notice of its intent to remove the Children and place them in foster care pending placement “with another adoptive family” or returning the Children to the Philippines.
5The Application was filed with the CFSRB on November 3, 2024.
ISSUE
6The issue is:
a. Is the Application eligible for review by the CFSRB?
RESULT
7The CFSRB finds that the Application is eligible for review.
ANALYSIS
8When a person receives notice under section 192 that a children’s aid society or licensee has decided to remove a child who has been placed with them for adoption, they may within 10 days after receiving the notice apply to the CFSRB for a review of the decision.
9The Application was filed within 10 days of the Applicant receiving written notice from the Respondent of its intention to remove the Children.
DIRECTIONS
10To ensure that the hearing of the Application proceeds expeditiously, the CFSRB has set the first day of the hearing for November 13, 2024. A one-hour videoconference will be held on that date at 2:00 p.m. The CFSRB will send the parties a Notice of Hearing setting out the details for connecting to the videoconference on that date and time.
11The purpose of the first day of the 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 days will take place within a short time given the importance of a timely resolution to disputes about the decision to remove children placed for adoption.
13Subject to subsection 192(14) of the Act, subsection 192(13) of the Act explicitly precludes the Respondent from removing the Children from the Applicant until the CFSRB has completed its review of the Application.
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.
Dated at Toronto, November 07, 2024.
Tamara Jordan
Tamara Jordan
Vice-Chair