Request a review of the removal of your foster child


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Before you file an application

Are you a foster parent whose foster child has been or will be removed from your care?

Do you want to challenge the removal or proposed removal?

If you answered “yes” to the questions above, you can apply for a review of the removal or proposed removal to the CFSRB if:

  • your foster child is a crown ward, and
  • your foster child has been in your care continuously for 2 years

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 has to give you written notice of its decision to remove your foster child. After you receive the notice, you have ten days to apply to the CFSRB for a review. The children’s aid society cannot remove your foster child during that time.

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 a children’s aid society removes your foster child or tells you it intends to remove your 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 proposed removal of Crown Ward or call us and we will mail you a copy.

If you need help filling out the form, call the CFSRB and a case coordinator will help you. Note that a case coordinator 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

Once you have sent in your application, the CFSRB will notify the children’s aid society that you have filed an application. If the child is First Nations, Métis or Inuit, the CFSRB will also notify the child’s band or native community.

The CFSRB will decide if it can hear your application. For your application to be eligible, your foster child must be a Crown ward who has lived with you continuously for at least two years.

If the CFSRB cannot hear your application, you will receive a letter 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 letter telling you that your application is eligible, called a “letter of eligibility”
  2. The CFSRB will contact you and the children’s aid society to set up and hold a pre-hearing teleconference.

Unless there is a likely risk of harm to the child, the children’s aid society cannot remove the child from the foster family until the hearing has taken place and then only if the CFSRB has ordered it.

The pre-hearing teleconference

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.

  1. A summary of what was discussed at the pre-hearing
  2. A notice of hearing, which gives the time and location of your hearing

The hearing

A panel of 1-3 adjudicators will hold a hearing to review 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.

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 decision

After the hearing, the panel will consider the evidence and arguments and determine what action is in the child’s best interests. The CFSRB will either:

  • Confirm the children’s aid society’s decision, in which case, the child will be removed from your care, or
  • Order the children’s aid society not to remove the child, in which case, the child will stay in the care of your family.

The CFSRB will issue its decision, with 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 for applications to review a removal of a foster child (Crown ward). We aim to meet these standards 80% of the time.

  • Hearings will be scheduled 20 days after the application is determined eligible
  • Decisions 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 proposed decision to remove a Crown Ward from the care of a foster parent are Part I and Part II