Sandra Askew

The society brought a motion for an interim order allowing a foster child to reside with the added parties pending the hearing of the foster parents' application to review the society's refusal of their adoption application and proposed removal of the child.

The society had removed the child without providing the statutorily required 10 days' notice and without obtaining a local director's opinion that the child was at risk of harm.

The Board dismissed the society's motion, finding that it was in the child's best interests to remain with the foster parents, who had cared for the child since birth, pending the hearing on the merits.

The applicants, foster parents of a child, sought to review the respondent society's decision to refuse their adoption application.

The society argued the applicants missed the 10-day deadline to apply for a review after receiving a letter on November 17, 2023.

The Board found the letter did not satisfy the mandatory notice requirements under section 192(2) of the Child, Youth and Family Services Act, 2017, as it lacked specific statutory references and clear wording regarding appeal rights.

Consequently, the 10-day deadline was not triggered, and the application was permitted to proceed to a hearing on the merits.