FAQ
Q: The children’s aid society has issued a notice that it is removing a foster child, who is a Crown Ward, from a foster home. Will the society remove the child before the Board has issued its decision?
A: The children’s aid society may not remove the child from the care of the foster parents until the Child and Family Services Review Board has issued its decision, unless it believes that the child has suffered harm or may be at risk of suffering harm while in the care of the foster parents.
Q: The children’s aid society issued a notice over 10 days ago that it is removing a foster child, who is a Crown Ward, from a foster home. Can a foster parent still apply to the Child and Family Services Review Board?
A: Yes, however, you will need to request an extension from the Child and Family Services Review Board of the delay for the filing of your application. The extension will be granted only if you establish that there were exceptional circumstances that prevented you from filing on time.
Q: How will I know if my application is eligible for review by the Child and Family Services Review Board?
A: The Child and Family Services Review Board will review the application and send its decision regarding eligibility within 7 days of receiving the application.
Q: How long will it take for the Child and Family Services Board to render its final decision regarding my application?
A: The legislated timeframe for reviewing an application is not to exceed 37 days from the date when the application is first received. The actual duration of the review process may vary depending on the complexity of the case.
Q: Will the children’s aid society be informed of my application to the Child and Family Services Review Board?
A: Yes. The Child and Family Services Review Board will send a notice to the appropriate children’s aid society that an application has been filed.
If the child is an Indian or a Native person, the Board will send a notice to the representative chosen by the child’s band or native community that an application has been filed.
Q: Where will the hearing be held?
A: Whenever possible, the Child and Family Services Review Board will arrange for the hearing to take place in a location that is convenient for all parties.
Q: How will a person communicate with the Child and Family Services Review Board if he/she does not speak English or French?
A: If an applicant or a witness at the hearing does not speak English or French, the Child and Family Services Review Board will make a translator/interpreter available.
Q: Who may attend a hearing?
A: The applicant, the children’s aid society and a representative from the child’s band or native community.
Q: Can a person have legal representation at a hearing?
A: Yes. Both the applicant and children’s aid society, as well as the Band or native community, may be represented by a lawyer.
Q: Can the foster child(ren) have legal representation at a hearing?
A: Yes. Children may have legal representation at a hearing. The Board may grant a request to have a child represented. Generally, the Board will contact the Office of the Children’s Lawyer to provide representation.
Q: What if a person is not represented by legal counsel?
A: The Board member presiding over the hearing will make every effort to ensure that the person has equal opportunity to present his/her position. The Board will ensure that the process is fair and impartial.
Q: Is there financial support to assist individuals with travel or babysitting costs so that he/she may attend the hearing?
A: No. The Child and Family Services Review Board recognizes the challenges presented to those applying to the Board. The Board will make every effort to reduce these challenges by holding hearings at times and in locations that are convenient for all parties attending the hearing.
Q: How will the Child and Family Services Review Board communicate its decision?
A: The Child and Family Services Review Board will issue its decision in writing to the parties. Decisions are sent to all parties via courier or fax.
Q: Is the decision of the Child and Family Services Review Board binding?
A: The parties to the hearing must comply with the decision of the Child and Family Services Review Board.
Q: Is there an appeal of the Board’s decision?
A: No, the decision of the Board cannot be appealed. The only way to challenge a Board decision is to judicially review the decision. You may wish to seek legal advice if you want to pursue a judicial review.