Decision A0136.12

Case Number Claimant Judge Language Decision date
Decision A0136.12 Hunter  Sharlow  English 2013-01-17
Decision Appealed Appellant Corresponding Case
Judicial Review Dismissed  No Commission  -

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


The claimant applied for parental benefits to care for her grandson who had been placed with her under a temporary apprehension order by Child and Family Services (CFS). Her daughter, the mother of her grandson, was in the hospital for treatment of mental illness and drug addiction. The claimant’s application was denied by the Commission on the basis that there was no evidence to suggest that her grandson was not placed with her for the purpose of adoption pursuant to section 23 of the EIA. At the hearing before the BOR, she indicated that it was her intention to adopt her grandson. The FCA found that notwithstanding the fact that the claimant had only been granted custody of the child under a temporary order at the time of her EI application, CFS was working with her to allow her to adopt the child, and due to the nature of the mother’s illness, adoption by the claimant was inevitable.

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