Decision 73214

Case Number Claimant Judge Language Decision date
Decision 73214   Riche David G.  English 2009-09-11
Decision Appealed Appellant Corresponding Case
Allowed  No Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
parental benefits  for the purpose of adoption 

Summary:

May 11, 2008, claimant filed parental benefits. She provided a letter from the Children's Aid Society showing that her granddaughter had been placed into her care by a court order on May 26, 2008. The Commission advised that the claimant could not get parental benefits unless the child had been placed permanently in her home effectively, the same as adoption. Although it was the intention of the claimant to adopt her grandchild, the request for permanent custody was not filed until August 10, 2008. That, however, awaited the decision of the parents before permanent custody was granted. That did not take place until they consented on the 10th of December, 2008. Having considered this evidence, I am satisfied that the appeal of the Commission must be allowed as the claimant did not have permanent custody until the 10th of December, 2008 when the birth parents agreed to the adoption by the grandmother.


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