The applicant mother filed an application with the Child and Family Services Review Board regarding the apprehension and placement of her five children.
The respondent children's aid society argued the Board lacked jurisdiction under section 120(8)(a) of the Child, Youth and Family Services Act, 2017, as the issues were already before the court in ongoing child protection proceedings.
The Board applied the two-part test from Waterloo v. D.D. and found that the applicant's complaints were not separate and distinct from the substantive issues before the court.
Consequently, the Board dismissed the application for lack of jurisdiction.