HS and KS v Dnaagdawenmag Binnoojiiyag Child & Family Services, 2024 CFSRB 2

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

HS and KS Applicant

-and-

Dnaagdawenmag Binnoojiiyag Child & Family Services Respondent

DECISION

Adjudicator: Catherine Bickley Date: January 12, 2024 Citation: 2024 CFSRB 2 Indexed As: HS and KS v Dnaagdawenmag Binnoojiiyag Child & Family Services (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”), requesting a review of the Respondent’s removal of two children, JM and LM, from the Applicants’ care.

2This decision explains why the CFSRB is dismissing the Application.

BACKGROUND

3In a November 29, 2023 Hearing Report, the parties were directed to make written submissions on the following preliminary questions:

a. Did the Respondent provide the Applicants with the required notice under subsection 109(7)(a) of the Act?

b. Was the timing of the filing of the Application consistent with the requirements of subsection 109(8) of the Act?

4The Respondent was directed to provide written submission by December 8, 2023 and did so.

5The Applicants were directed to provide written submissions by December 15, 2023. They did not do so.

6A December 28, 2023 Case Management Direction (“the December CMD”), gave the Applicants an extension until January 10, 2024 to file their submissions with the CFSRB. To date, they have not provided the required submissions nor have they otherwise communicated with the CFSRB.

7The December CMD warned the Applicants that if they did not provide the required submissions by January 10, 2024, their Application may be dismissed as abandoned.

ANALYSIS

8The Applicants have not filed the written submissions as directed even when given an extension of almost one month. Nor have they communicated with the CFSRB to request a further extension.

9The December CMD warned that the Application may be dismissed as abandoned in the absence of further communication from the Applicants. The November Hearing Report and the December CMD were both sent to the email address which the Applicants listed on the Application and which they have used in communicating with the CFSRFB. Neither was returned as undeliverable. I am satisfied that the Applicants received both documents.

10For these reasons, I conclude that the Applicants have abandoned the Application. Accordingly, it must be dismissed.

ORDER

11The Application is dismissed.

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.