Hearing Process

To hear your application, the Board will take the following steps:

• Notify the facility of the application to the Board

The Board will notify the facility that the application has been filed with the Board.

• Hold a hearing

A hearing date will be set within 5 days of the Board receiving the application.

A panel of up to 3 Board Members will hold a hearing to review the applicant’s request. The applicant and the secure treatment facility will each have an opportunity to present oral and written evidence, call witnesses on their behalf and make submissions.

The applicant will be able to ask the facility's witnesses questions.  The facility will also be able to ask the applicant and his/her witnesses questions.  The Board may also have questions.

The facility will present its evidence first, followed by the applicant.

The duration of a hearing is generally one day. All hearings take place in private at the secure treatment facility.

• Issue an Order

The Board will issue an order immediately upon completion of the hearing.

In order for a child or youth to remain in the secure treatment program, the Child and Family Services Review Board must be satisfied that the facility has complied with the following admission criteria, as set out in section 124 of the Child and Family Services Act:

• The child has a mental disorder;
• The child, as a result of the mental disorder, caused, attempted to cause, or threatened to cause serious bodily harm to himself or herself or others;
• The secure treatment facility program would be effective to prevent the child from causing or attempting to cause harm to himself or herself or others;
• The treatment is appropriate for the child’s mental disorder and is available at the place of secure treatment;
• No less restrictive method of providing treatment is appropriate in the circumstances.

Written reasons for the decision will be issued within 10 days of the hearing.

The Board may decide to uphold the decision regarding the placement of the child or youth or overturn the placement decision.