NL v. The Children's Aid Society of Toronto, 2025 CFSRB 74

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

NL Applicant

-and-

The Children’s Aid Society of Toronto Respondent

DECISION

Adjudicator: Tracy Foster Date: June 04, 2025 Citation: 2025 CFSRB 74 Indexed As: NL 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”).

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

3The Applicant is the child’s biological mother. The Applicant alleges that in March 2025 she entered into a voluntary services agreement with the Respondent and the child was placed temporarily into foster care with the understanding that the child would be returned to her when she provided notice. The Applicant seeks to have the child returned to her care.

ISSUE

4The issue is:

a. Is the Application eligible for review by the CFSRB?

RESULT

5The CFSRB finds that the Application is not eligible for review.

THE LAW

6Section 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.

7Section 109(8) of the Act states:

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

8Section 109 of the Act applies to situations involving the proposed removal from a foster home of a child who is in extended society care and who has lived continuously with the foster parent for two years or more.

9The Applicant is not the child’s foster parent and the child is not in extended society care living continuously with a foster parent, therefore, the CFSRB lacks jurisdiction to review this Application.

10For these reasons, the Application is not eligible for review by the CFSRB and must be dismissed.

DIRECTIONS

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.