CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
TNC
Applicant
-and-
Tikinagan Child and Family Services
Respondent
INTERIM DECISION
Adjudicator: Michelaine Lahaie
Date: May 07, 2026
Citation: 2026 CFSRB 72
Indexed as: TNC v Tikinagan Child and Family Services (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 (“MG”) from their care.
ISSUE
2The issue is:
a. Is the Application eligible for review by the CFSRB?
RESULT
3The CFSRB finds that the Application is eligible for review.
ANALYSIS
4The Applicant has been MG’s foster parent continuously since October 2023.
5The Applicant alleges that she received written notice of the removal of MG from her home on May 4, 2026.
6On May 6, 2026, the Applicant filed this Application with the CFSRB.
NOTICE REQUIREMENTS
7Section 109(7)(a) of the Act requires a 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.
8The CFSRB has found that notice to a foster parent is mandatory and must make specific reference to the applicable section of the Act and use the wording from that section. As set out at paragraph 12 of JT and CT and Windsor-Essex Children’s Aid Society, 2019 CFSRB 74:
The notice requirements in the Act are mandatory. They serve several important purposes. First, they notify foster parents and prospective adoptive parents of decisions that significantly impact their lives and the lives of children in their care (or who they hope will come into their care). Second, they tell foster parents and prospective adoptive parents that they have a right to have those decisions reviewed by the CFSRB. Third, they provide clarity about the time period in which foster parents and prospective adoptive parents can apply to the CFSRB. That period is very short – only 10 days from when notice is received. This short time period ensures that children and families do not remain in a state of uncertainty for a prolonged period. For these reasons, it is essential that notices under sections 109(7) and 192(2) be crystal clear.
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).
Undated letter from the Respondent
10The undated letter from the Respondent was allegedly sent to the Applicant on May 4, 2026. The letter was sent following the Respondent’s verbal notification on April 27, 2026, that it was seeking a foster placement for MG in Lac Seul First Nation. The letter does not contain the information required to be considered “notice,” namely, no reference was made to the applicable section of the Act, nor was the Applicant provided with information about her right to seek a review of the removal.
ORDER
11The Application is eligible to proceed to a hearing.
12In accordance with subsection 109(16) of the Act, the Respondent shall not carry out the proposed removal of the Child until the CFSRB completes its review of the Application.
Next STEPS
13To ensure that this hearing proceeds expeditiously, the CFSRB has set the first day of hearing for May 11, 2026. A one-hour videoconference will be held on that date at 10:00 a.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; 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.
Michelaine Lahaie
Michelaine Lahaie
Vice-Chair