Application and Hearing Process
To deal with your application, the Board will take the following steps:
- Notify relevant individuals about your application
The Board will notify the Children’s Aid Society or person who is responsible for your placement.
If you are an Indian or Native person, the Board will notify the representative chosen by your band or native community.
If you agree, the Board will notify the Provincial Child Advocate’s Office (“Child Advocate”). The Child Advocate’s Office may already be working with you and you may wish to have a Child Advocate as a support person.
- Ask the children’s aid society to provide a response to your application
If you are in the care of the children’s aid society, the Board will ask the society to explain in writing why they think you should remain in your placement and whether there are any other options that are appropriate and available to you.
- Notify you within 10 days of whether an in-person hearing will be held or whether the review will be done by phone or in writing
The Board will let you know within 10 days of receiving your application if a hearing will be held or if a review of your application will be conducted in some other way. The Board usually holds in-person hearings.
- Hold a Hearing
A hearing date will be set soon after the Board receives your application.
Three Board members will hold a hearing to review your application. You and the children’s aid society or person that placed you will each have an opportunity to present oral and written evidence, call witnesses and make submissions.
You will be the first person to explain your application to the Board, followed by the children’s aid society or person that placed you.
The children’s aid society that placed you and their lawyer will be able to ask you and your witness’ questions. You will be able to ask questions of the witnesses of the children’s aid society or person that placed you.
The length of the hearing is usually one day. All hearings take place in private, in a meeting room. They do not take place at your placement.
- Make a Decision
The Board must make a decision within 30 days of getting your application unless there is a hearing and those involved agree to a longer time period.
The Board can decide to:
- Order that you be transferred to another residential placement as long as the Board is satisfied that it is available
- Discharge you from your current residential placement (without another option)
- Confirm your current placement
Written reasons for the decision will be sent out as soon as possible after the decision is made. Depending on the timing, the Board might issue an order stating its decision to be followed later by the written reasons.
