SS v. The Children’s Aid Society of Toronto, 2025 CFSRB 72

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

SS Applicant

-and-

The Children’s Aid Society of Toronto Respondent

INTERIM DECISION

Adjudicator: Tracy Foster Date: June 03, 2025 Citation: 2025 CFSRB 72 Indexed As: SS v The Children’s Aid Society of Toronto (CYFSA s.109)

OVERVIEW

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”). The Applicant seeks a review of the Respondent’s decision to remove AD (“the Child”) from their care.

2The Applicant has been AD’s foster parent since October 2017.

3AD was placed in extended society care in September 2020.

4The Respondent advised the Applicant by letter dated May 23, 2025 (received by the Applicant that same day) that it intended to remove AD from the Applicant’s home.

5On June 2, 2025, the Applicant filed this Application with the CFSRB.

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.

NOTICE REQUIREMENTS

8Section 109(7)(a) of the Act requires a children’s aid 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 the child has lived continuously with a foster parent for two years. When a person receives written notice under section 109(7)(a) they may apply within 10 days to the CFSRB for a review of the decision to remove the child.

9The Act does not allow for exceptions to the notice requirement. Section 109(17) allows a children’s aid society to remove a child from a foster home before the expiry of the time for applying for a review under subsection (8), only if there is a risk that the child is likely to suffer harm during the time necessary for a review by the CFSRB. Importantly, the notice requirement is not affected by section 109(17).

ANALYSIS

10AD is in extended society care and has lived continuously with the Applicant for more than two years:

11The Application was filed within 10 days of the Applicant receiving written notice under section 109(7)(a) of the Act.

12For these reasons, the Application is eligible to proceed to a hearing.

DIRECTIONS

13In order to ensure that this hearing proceeds expeditiously, the CFSRB has set the first day of hearing for June 5, 2025. A one-hour videoconference will be held on that date at 2:00 p.m.

14The purpose of the first day of 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;

• discuss the possibility of consolidating this Application with CFSRB Application CA25-0099, a separate Application filed by the Applicant regarding the same Respondent but a different child, and

• deal with any other necessary procedural matters.

15The CFSRB expects subsequent hearing day(s) will take place within a short time given the importance of resolving disputes about the removal of a child from a foster home as soon as possible.

16The CFSRB may issue further directions as necessary.

CONFIDENTIALITY ORDER

17Pursuant 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.