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Part of Child Intervention – Appeal a decision

Child Intervention Services – Appeal a decision

Find out how to appeal a decision made about child intervention under the Child, Youth and Family Enhancement (CYFE) legislation.

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Child Intervention – Appeal a decision

Who can appeal

You can appeal a decision Child Intervention has made under the Child, Youth and Family Enhancement Act (CYFE Act) and Regulations if you are someone who is directly affected including:

  • a child younger than 18
  • a child’s guardian
  • a person who cared for a child continuously for more than 6 of the 12 months before the decision was made
  • a young adult between 18 and 24-years-old who was under one of these Agreements or orders on their 18th birthday:
    • Permanent Guardianship Agreement or Order
    • Temporary Guardianship Order
    • Custody Agreement with Youth
    • Enhancement Agreement with Youth

What can be appealed

Under the CYFE Act, you may appeal some decisions after you request an administrative review with Child Intervention. Learn about administrative reviews and other dispute resolution options when you have a concern about a Child Intervention decision.

These are general guidelines about decisions the appeal panel can and cannot review:

  • Decisions that CAP may review

    The CAP may review decisions about:

    • a person with a significant relationship with a child being permitted or not permitted to visit the child when the child is under a Permanent Guardianship Agreement
    • Child Intervention not entering into one or more of these agreements with you:
      • Family Enhancement Agreement
      • Custody Agreement
      • Permanent Guardianship Agreement with Guardian
      • Access Agreement with Guardian
    • Child Intervention not applying to the Court for one of these orders:
      • Supervision Order
      • Temporary Guardianship Order
      • Permanent Guardianship Order
      • Apprehension Order
      • Initial Custody Order
    • a guardian not receiving financial assistance for a child who is under a Private Guardianship Order or an Adoption Order
    • an 18 to 24-year-old not receiving supports or financial assistance through Child Intervention and was under one of the below Agreements or orders on their 18th birthday:
      • Permanent Guardianship Agreement or Order
      • Temporary Guardianship Order
      • Custody Agreement with Youth
      • Enhancement Agreement with Youth

    The CAP can agree with, change or reverse these decisions.

    The CAP may also review decisions about a child who is under a Temporary Guardianship Order, Permanent Guardianship Order or agreement:

    • being removed from or placed in a licensed residential facility such as a foster home, group care or with a specialized caregiver or facility that supports complex needs

    The appeal panel can agree with these decisions or send them back to Child Intervention to be reconsidered under the CYFE Act and Regulations.

  • Decisions that CAP may not review

    The appeal panel may not review decisions about a child:

    • filling an appeal when they are placed in a treatment facility
    • being removed from a home that is not a licensed residential facility, including kinship care homes
    • being placed in a secure services facility

    For more information, review the CYFE Act and Regulations or contact the Appeals Secretariat.

Appeal Timelines

Make sure to appeal within the 30-day deadline from the date you received the decision in person, by phone, email or letter and informing you about your right to appeal.

The deadline to appeal will be different if you requested an administrative review but did not get the decision letter within 15 days. If this happens, make sure to appeal within 45 days from the date you requested the administrative review.

No extension to appeal timelines are allowed

Steps to file an appeal

Fillable PDF forms may not open properly on some mobile devices and web browsers. See the step-by-step guide or contact PDF form technical support.

  • Step 1. Complete a notice of appeal

    Download: open the Notice of Appeal to the Appeal Panel form in Adobe Reader, read the instructions, fill it in, save it, then print it. Or, print a copy and fill it in.

    Paper copy: contact an Appeals Secretariat office to pick up a form or have it sent to you by email, fax or mail. When you get it, read the instructions and fill it in.

    • Make sure the form is signed.
    • Keep copies for your files.

    Fill out the part that relates to your situation:

    • Part 1 – Appellant is a Child
    • Part 2 – Appellant is the Guardian of a Child
    • Part 3 – Appellant is a Person who has had Continuous Care of a Child for More Than 6 Months
    • Part 4 – Appellant is a Person Between the Ages of 18 and 24

    If you want to give another person authority to act on your behalf throughout the appeal process, include an Authorization form.

  • Step 2. File your notice of appeal

    Make sure to:

    • include your signed Notice of Appeal form and the Authorization form if someone will be acting on your behalf
    • include a copy of the administrative review decision if you received one
    • keep copies of all documents for your own files

    Submit your documents by:

After you file an appeal

You will get a letter from the Appeals Secretariat saying they received your appeal. The Appeals Secretariat will start setting up your appeal hearing.

Once your appeal has been scheduled, the Appeals Secretariat will send you a document from the Child intervention program explaining the reason for their decision, along with copies of the documents they used to make the decision you are appealing

Contact the Appeals Secretariat, if you:

  • need an interpreter since all hearings are in English
  • want to get information about organizations that may be able to help you with your appeal
  • are waiting for any new information related to the appeal
  • want to withdraw your appeal
  • have moved or changed your phone number or email so they can reach you to give you the hearing date – if you do not take part when the hearing is scheduled, it may happen without you and your right to appeal will end

Find out what happens before, during and after the appeal hearing.

Withdrawing an appeal

You can withdraw your appeal at any time. This means it is stopped and you no longer want to appeal the Child Intervention’s decision. Tell the Appeals Secretariat as soon as you choose to withdraw your appeal.

Resources

Related

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