FAQ
Q: My children are in the care of the children’s aid society. Will the Child and Family Services Review Board give me my children back?
A: No. The Child and Family Services Review Board does not have the authority to change a Court’s decision regarding custody or the determination that a child is in need of protection.
Q: My children are in the care of the children’s aid society. Will the Child and Family Services Review Board tell the children’s aid society to increase my access to my children?
A: No. The Child and Family Services Review Board does not have the authority to change a Court’s decision regarding access.
Q: How will I know if my application is eligible for review by the Child and Family Services Review Board?
A: The Board will review the application and make a decision on its 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 71 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 copy of the application to the appropriate children’s aid society. The children’s aid society will then have the opportunity to respond to the complaint.
Q: When will the pre-hearing and hearing take place?
A: The Child and Family Services Review Board will work with the applicant and children’s aid society to schedule the pre-hearing and hearing on dates that are convenient for all parties within the required timeframe.
It is the applicant and respondent’s responsibility to ensure that their witnesses are available on the scheduled hearing date. The pre-hearing will be scheduled within 14 days after the parties are given notice that a hearing will be held.
Q: Where will the pre-hearing be held?
A: Pre-hearing conferences are conducted by teleconference or in person. If the pre-hearing is held in person, it will take place in a location that is convenient for all parties.
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 their legal representative, a representative from the applicant’s band or Native community and one other person of the applicant’s choosing may attend the hearing.
Q: Can a person have legal representation at a hearing?
A: Yes. Both the applicant and children’s aid society may be represented by a lawyer.
Q: Can my 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.