CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
SP Applicant
-and-
The Children’s Aid Society of Toronto Respondent
INTERIM DECISION
Adjudicator: Tracy Foster Date: March 05, 2026 Citation: 2026 CFSRB 29 Indexed as: SP 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 the Child (“AT”) from their care.
2The Applicant has been AT’s foster parent continuously since May 2019.
3The Applicant is also the foster parent of three other children who have been in her care for less than two years.
4On March 4, 2026, the Applicant met with the Respondent to discuss an incident between her ex-partner and adult daughter. Following the meeting, the Applicant went home and was advised by the Respondent by telephone that they were removing all of the foster children from her home. The children were removed on the evening of March 4, 2026.
5The Applicant has indicated on her application that she did not receive written notice of the Respondent’s intent to remove the children, including AT.
6On March 5, 2026, the day after AT was removed, the Applicant filed this Application with the CFSRB.
ISSUE
7The issue is:
a. Is the Application eligible for review by the CFSRB?
RESULT
8The CFSRB finds that the Application is eligible for review.
NOTICE REQUIREMENTS
9Section 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.
ANALYSIS
10AT has lived continuously with the Applicant continuously for more than two years.
11AT was removed without written notice.
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 March 12, 2026. A one-hour videoconference will be held on that date at 2:00 p.m.
14By no later than 4 p.m. on March 11, 2026, the Respondent shall file a brief Response addressing the reason for TA’s removal without notice.
15The purpose of the first day of hearing is to:
- identify any preliminary issues;
- discuss the possibility of mediation;
- 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; and
- deal with any other necessary procedural matters.
16The 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.
17The CFSRB may issue further directions as necessary.
CONFIDENTIALITY ORDER
18Pursuant 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