CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
MS and RS Applicants
-and-
The Children's Aid Society of Huron-Perth Respondent
INTERIM DECISION
Adjudicator: Tracy Foster Date: November 14, 2025 Citation: 2025 CFSRB 165 Indexed As: MS and RS v The Children's Aid Society of Huron-Perth (CYFSA s.192)
OVERVIEW
1This is an Application filed under section 192 of the Child, Youth and Family Services Act, 2017, S.O. 2017, c.14, Sched.1, (the “Act”). The Applicants seek a review of the Respondent’s decision to not place the child (“DS”) with the Applicants for adoption.
2DS was placed in foster care with the Applicants two days after her birth in September 2021. In March 2022, DS was placed with her biological mother and returned to the Applicants in June 2022 and has lived with the Applicants continuously since then. When the Applicants received the notice of the proposed removal of DS from the Respondent, the Applicants were in the process of adopting her.
3The Respondent advised the Applicant by letter dated November 4, 2025 (received by the Applicants on November 5, 2025), that it intended to remove DS from the Applicants’ care on November 14, 2025, and that it could not support moving forward with their adoption of DS.
4On November 13, 2025, the Applicant filed this Application with the CFSRB.
ISSUE
5The issue is:
a. Is the Application eligible for review by the CFSRB?
RESULT
6The CFSRB finds that the Application is eligible for review.
NOTICE REQUIREMENTS
7When a person receives written notice under section 192 of the Act that a children’s aid society has decided to refuse their application to adopt a particular child, they may apply to the CFSRB within 10 days for a review of that decision.
ANALYSIS
8The application was filed within 10 days of the Applicant receiving written notice that the Respondent was refusing their application to adopt DS. Accordingly, this application is eligible to proceed to a hearing.
PRELIMINARY ISSUES
9In addition to this Application, the Applicants filed a separate Application (CA25-0197) for DS under Section 109 of the Act (proposed removal of a child from a foster home).
10The Applicants have also filed, two additional Applications (CA25-0195 and CA25-0198) with regards to a different child, involving a different Respondent, under Section 109 and Section 192 of the Act. Application CA25-0195 was found ineligible for review by the CFSRB.
11The Applicants have put forward a motion seeking that all Applications be heard together.
DIRECTIONS
12The CFSRB has set the first day of hearing for November 19. A one-hour videoconference will be held on that date at 2:00 p.m. The purpose of the first day of hearing is to:
identify any preliminary issues, including whether the Applications will be heard together;
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;
deal with any other necessary procedural matters.
13Subject to subsection 192(14) of the Act, subsection 192(13) of the Act explicitly precludes the Respondent from removing DS from the Applicants’ home until the CFSRB has completed its review of the Application.
14The 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.
15The CFSRB may issue further directions as necessary.
CONFIDENTIALITY ORDER
16Pursuant 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.
Tracy Foster
Tracy Foster
Member