Ask for a review of a written notice to remove a child who has been placed with you for adoption


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Before you file an application

Has a children's aid society or a licensed adoption agency either removed a child placed with you for adoption or informed you that it will remove the child?

If you the answer is "yes", you may apply to the Child and Family Services Review Board for a review of that decision.

You can be represented by a lawyer or paralegal or you can represent yourself. For more information, see the SJTO Practice Direction on Representation.

Deadline

The children's aid society or a licensee has to give you written notice of its decision to remove a child placed for adoption with you.

After you receive the notice, you have 10 days to apply to the CFSRB for a review. During this time, the children's aid society cannot take any further action.

If it has been more than 10 days since you received the notice, and you would like to apply for a review, contact us. If the notice is incomplete, you may still be able to apply.

If children's aid society or licensee removes a child without sending a written notice, contact the CFSRB immediately. You may be eligible to apply for a review.

Filing an application with the CFSRB

To apply, download Form 3: Application for Review of an Adoption Refusal or call us and we will email or mail you a copy. You should use this form to request a review of the removal of a child placed with you for adoption.

If you need help filling out the form, call the CFSRB and a case processing officer will help you. Note that a case processing officer cannot give you legal advice or tell you what words to use in your application.

For information about how to send your application, visit Forms & Filing.

After you file

The CFSRB will notify the children's aid society or licensed adoption agency that you have filed an application. If the child is First Nations, Métis or Inuk, the CFSRB will also notify the child's band or Indigenous community.

The CFSRB will decide if it can hear your application. If the CFSRB cannot hear your application, you will receive a decision from the CFSRB telling you why. If the CFSRB can hear your application, these two things will happen within seven days:

  1. You will receive a decision telling you that your application is eligible.
  2. You will receive a Notice of Hearing setting the date, time and location of the first day of hearing.

The children's aid society cannot remove the child from your care unless:

  • it believes the child is likely to be harmed, or
  • the CFRSB holds a hearing and confirms the decision of the children's aid society.

The hearing

It is very important to resolve disputes about adoption as soon as possible. This goal is reflected in the Child, Youth and Family Services Act, 2017 and associated regulations which require hearings to take place within 20 days of the eligibility decision.

The first day of hearing is held by telephone within seven days of making the eligibility decision.

A CFSRB member will conduct the first day of hearing, and will identify any preliminary issues and give directions about evidence and witnesses. The member will also work with the parties to set continuation dates to complete the hearing as soon as possible.

At the hearing continuation, a panel of 1-3 adjudicators will hear your application. You and the children's aid society will each have an opportunity to present evidence, call witnesses, and make submissions. CFSRB members may also ask the witnesses questions. The children's aid society will present its evidence first.

Hearings can last 3 days or more. All hearings take place in private. The CFSRB will try to hold the hearing at a location that is convenient for everyone.

Decisions

The CFSRB will decide which action is in the best interests of the child and can:

  • confirm the children's aid society's or licensee's decision to remove the child from the adoption placement
  • confirm the child's adoption placement with you

The CFSRB will issue its decision, with written reasons, no more than 10 days after the hearing.

Service standards

Service excellence is a priority for the Child and Family Services Review Board. Our service standards keep us focused on providing our clients with fair, effective, and timely dispute resolution. These are the service standards that apply to applications to review a refusal to adopt. We aim to meet these standards 80%of the time.

  • Hearings will be scheduled 20 days after the application is deemed eligible
  • Decisions or orders will be issued within 10 calendar days after the hearing has been completed

Rules of Procedure

The sections of the Rules of Procedure that apply to an application to review a decision related to an adoption made by a children's aid society's or licensed adoption agency are Part I and Part IV.