Information for Self-Represented Applicants
This information is for people who do not have a lawyer and who will be representing themselves in their application to the Board. It is meant to give helpful information and answer general questions about the Child and Family Services Review Board.
What is the Child and Family Services Review Board?
The Board is an administrative tribunal that makes decisions after hearing from the parties. Board processes are not as formal as the courts. However, like a court, the Board must always be fair and efficient. Board decisions cannot be reviewed by the government. If you disagree with a Board decision, you can have the decision reviewed by the court.
Three Board members hear and decide cases. Board members come from many backgrounds. They include people with experience in law, social services, mental health and education.
What does the Board do?
The Board hears applications related to the Child and Family Services Act, Education Act and Intercountry Adoption Act. The Board deals with a number of matters that affect children and families in Ontario.
These include:
• certain decisions made by children’s aid societies;
• admissions to emergency secure treatment facilities;
• residential placements for children in foster care; and
• school board expulsion decisions.
Do I need a lawyer?
A lawyer does not need to represent you. If you choose to have a lawyer, the lawyer must write to the Board to confirm that he or she is representing you.
You may also choose a person who is not a lawyer to represent you.
In either case, this means that your lawyer or person chosen to represent you will speak on your behalf. You will still have a chance to tell your story to the Board when you testify.
Does the Board communicate in both English and French?
You can use French or English.
Any documents you give to the Board or to another party can be in English, French or both. The Board does not translate documents that parties have shared. All documents prepared by the Board are available in English and French.
How do I know if I should apply to the Board?
Case Coordinators can help you find out if your matter fits within the Board’s powers. Case Coordinators are your main contact at the Board. If you make an application, a Case Coordinator will be assigned to your file.
Can I get some help with my application?
You may call the Board for information. Case Coordinators can explain to you how to fill out forms, what information the Board needs and the timelines involved. The Board’s website, www.cfsrb.ca, also has information that may be helpful to you.
What information do I need to include in my application?
You need to give clear information and examples to describe your complaint. It is helpful to provide dates, starting with what happened first.
How can I file an application?
You can mail, fax or courier your application to the Board. The Board does not accept applications by email.
What will happen when I file an application?
The Board will assign a file number to your application and will give this number to you. You must include the file number on any documents that you send to the Board or to the other party.
The Board will be in touch with you in writing or by phone. The Board will make sure you are aware of each step in the process.
What will the Board do with my information?
Any information you give to the Board will be put in your file and will be sent to the other party if you have not done so. All information is private. Your information will only be shared with the parties who are involved in your application.
If your application goes to a pre-hearing or hearing, all information that is talked about at a hearing or pre-hearing is also private and will only be shared with the other party.
What does it mean if the Board decides that my application is eligible for review?
This means that your application can move to the next stage of the process. It does not mean that the Board has made a final decision on your application.
Other than a hearing, are there other ways of resolving or speeding up my application?
In some cases, the Board will set up a settlement facilitation conference. This is the same as a mediation meeting. If all parties agree to take part in settlement facilitation, a Board member will act as a facilitator or mediator to help you reach an agreement with the other parties.
Prior to a hearing, is there always a pre-hearing?
A pre-hearing will always be done before a hearing takes place. The purpose of a pre-hearing is to make sure that you and the other party know the issues that will be dealt with at a hearing. If your application goes to a hearing, the Board will give you more information about the hearing.
What staff can do to help you
Your main contact with the Board is with staff. Your contact will most often be with the Case Coordinator assigned to your case. You will only meet and talk to Board members at a pre-hearing, a settlement facilitation conference or a hearing.
It is important for you to understand what staff can and cannot do to help you with your application.
What staff can do
• We can give you copies of application forms. They are also on the Board’s website at www.cfsrb.ca. You will prepare your own application and documents.
• We can answer questions about how the Board works and deals with your application.
• We will check your application and tell you if the Board needs more information from you to complete your application.
• We can give you basic information about pre-hearings, settlement facilitation conferences, motions and hearings.
• We can tell you how your application is being managed at every step of the process.
What staff cannot do
• We cannot give you legal advice about your case.
• We cannot recommend the name of any lawyer to represent you.
• We cannot tell you what words to use in your application and documents.
• We cannot tell you what to say at a pre-hearing, settlement facilitation conference or hearing or how to make legal arguments/submissions to the Board.
• We cannot tell you if you have a good case or what the decision of the Board could be.
Preparing for a Hearing
If you have been informed by the Board that your application will proceed to an oral hearing, you may want to read the information that is contained in the Board’s pamphlet on Preparing for a Hearing for Self-Represented Applicants. This document will help you to prepare for your hearing and will give some information on how the hearing will proceed.