Request a review of the removal of a child placed with you for adoption
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.
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 the Application for a Review of a Refusal of an Adoption or call us and we will 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 Inuit, the CFSRB will notify the child’s community.
The CFSRB will hold a pre-hearing conference within 6 days of receiving your application. The CFSRB member who holds the pre-hearing conference will decide whether your application is eligible. If your application is not eligible, the CFSRB will send you a letter explaining why.
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 pre-hearing conference
At the pre-hearing teleconference the CFSRB member will:
- explain the hearing process
- define the issues
- identify the witnesses who will appear at the hearing
- decide which party will go first
- decide whether a child’s community and/or the Office of the Children’s Lawyer will participate in the hearing
- review the documents and other potential evidence the parties will need to share with each other and the CFSRB
- set dates for the hearing
The pre-hearing conference will be held on the phone.
After the pre-hearing conference, the CFSRB will mail two documents to everyone involved.
- A summary of what was discussed at the pre-hearing.
- A notice of hearing, which gives the time and location of your hearing.
A panel of 1-3 adjudicators will hold a hearing. All participants will have an opportunity to present oral and written evidence, ask witnesses questions, and make submissions. CFSRB members may also ask the witnesses questions. The children’s aid society will present its evidence first.
Your hearing will be scheduled to take place no more than 20 days after you got the decision telling you your application was eligible for review.
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.
The Board 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 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.