Hearing Process
After receiving your application, the Board will take the following steps:
Notify the children’s aid society of the application
The Board is required to notify the appropriate children’s aid society that the application has been filed with the Board. The Board will send a copy of the application to them.
Determine if the application is eligible for review
The Board will decide if the application is eligible for review within 7 days of receiving it. This decision will be communicated to the applicant in writing.
If the application is eligible for review, the children’s aid society will be asked to submit a summary reply to the application to the Board, with a copy to the applicant. In the summary reply, the children’s aid society will inform the Board of its position regarding the complaint.
Review the children’s aid society response to the application
The Board will review the children’s aid society’s summary reply. The Board will notify the applicant and the society if the complaint will proceed to an oral hearing within 20 days from the decision on eligibility.
Issue a decision in writing without a hearing
After reviewing the application and the summary reply from the children’s aid society, the Board may chose to render a final written decision at this stage. The decision will be sent within 20 days from the date of the decision on eligibility.
Hold a Pre-hearing Conference
If the Board decides to proceed to an oral hearing, the Board will schedule a pre-hearing conference with the applicant and the children’s aid society within 14 days of this decision. The parties will be contacted to ask for their availability. The Board will do its best to accommodate the parties in setting a pre-hearing date.
A pre-hearing conference will be held by one Board Member in order to:
- Discuss settlement options and facilitate mediation, if the parties agree;
- Clarify the issues to be discussed at the hearing;
- Review the evidence to be presented and the witnesses to be called at the upcoming hearing;
- Select dates for the hearing.
The pre-hearing conference is often held in-person but may be held by teleconference.
Pre-hearing conferences are conducted in private.
Following the pre-hearing conference the Board will prepare and send to the parties a summary of the pre-hearing discussions and provide notice of the hearing if the application has not been settled.
Hold a Hearing
A panel of up to 3 Board Members will hold a hearing to review the applicant’s complaint within 20 days after the pre-hearing is held. The hearing date will be determined after consulting with the parties if their availability was not provided at the pre-hearing. The Board will do its best to accommodate the parties in setting a hearing date within the required timeframe.
The applicant and children’s aid society will each have an opportunity to present evidence, call witnesses on their behalf and make submissions. Parties may be represented by counsel.
The applicant will be able to ask the children's aid society's witnesses questions. The children's aid society will also be able to ask the applicant and his/her witnesses questions. The Board may also have questions.
The applicant will present his/her evidence first followed by the children’s aid society.
The duration of a hearing will vary from case to case. In some instances, the Board may need to hold a hearing first to determine if it has jurisdiction to hear the complaint on the merits.
All hearings take place in private. The Board will make every effort to schedule a hearing in a location that is convenient to all parties.
Issue a Decision
The Board will issue a decision within 10 days after a hearing.
The written decision will include a summary of facts and reasons for decision.
The Board may dismiss the application or make the following orders, where appropriate:
- Order the children’s aid society to proceed with the complaint made by the applicant in accordance with the complaint review procedure established by regulation;
- Order the children’s aid society to provide a response to the applicant within a period of time specified by the Board;
- Order the children’s aid society to comply with the complaint review procedure established by regulation or with any other requirements under the Child and Family Services Act;
- Order the children’s aid society to provide written reasons for a decision to an applicant.
If the applicant has already had his/her complaint heard by the children’s aid society’s Internal Complaint Review Panel, the Board, in addition to the orders above, may:
- Order that a notice of disagreement be added to the applicant’s file;
- Redirect a matter to the society for further review;
- Confirm the decision of a children’s aid society’s Internal Complaint Review Panel.