Applicant v. Children’s Aid Society of Ottawa, 2014 CFSRB 55

CHILD AND FAMILY SERVICES REVIEW BOARD

Applicant

v.

Children’s Aid Society of Ottawa

REASONS FOR DECISION

Date: October 3, 2014 Citation: 2014 CFSRB 55 Indexed as: Applicant v. Children’s Aid Society of Ottawa (CFSA s.68)

INTRODUCTION

1This is an application under s. 68.1 of the Child and Family Services Act, R.S.O. 1990, c. C.11 as amended (the “Act”). After hearing the Society’s motion on jurisdiction and the parties’ submissions on whether there was a formal written complaint by the Applicant, the Board has made the decision set out below.

2The matter will not proceed to a hearing about compliance with the complaint process under s. 68.1 (4) 2 and 3 as the Board finds the formal complaint process was not engaged.

3The matter will not proceed to a hearing on the issue involving the counsellor (sub issue 3 in the pre hearing reports) as the Board has determined that the counsellor was appointed by the Court and that this is a matter that only the Court can deal with.

4The matter will proceed to a hearing on the following issues under s. 68.1 (4) 4 and 5 as these issues are not before the Court and have not been decided by the Court.

1. That the Society has not heard the Applicant’s service concerns or heard him when decisions were made and has not provided him with reasons for decisions that affected his interests, regarding his involvement with the Society and with respect to the following issues:

• Allegations of physical and emotional abuse of the Applicant’s children while in the care of their mother and most recently in May/June and August 2013; (This is not limited to 2013 and the Board has clarified that the Applicant is permitted to raise this issue going back to the first referral in 2010)

• Allegations that the Society worker [ ] who was informed of these allegations failed to take any action in response to them;

• Allegations that the mother of the children has failed to attend to the medical needs of one of the children.

5The Applicant will be permitted to submit to the panel hearing the application that he raised service concerns as a parent about his children not being heard in relation to the above noted allegations. The panel hearing the application will determine whether he raised such service concerns and if so, whether he was heard/provided with reasons. The panel will not deal with whether the children were heard or provided with reasons as the application is not filed by the children.

6The panel dealing with the merits will address the issue of remedy with the parties who are directed in this regard to s.68.1 (7) of the Act.

7The parties shall provide witness lists to each other and the Board no later than ten days before the hearing. Besides those directly involved, appropriate witnesses are individuals who were at meetings between the Applicant and the Society. The panel hearing the matter will determine whether witnesses are permitted based on considerations including relevance and repetition.

8At least ten days before the hearing, the Society shall disclose to the Applicant all written information about communications with the Applicant including meeting notes, case notes and emails involving communications with the Applicant since 2010. The Society does not need to reproduce the materials already filed with the Board, including emails and letters. The Society will also disclose all risk assessments, safety plans and investigation plans relating to the Applicant’s allegations about the mother, since the first referral in 2010. Third party information can be redacted from the disclosed information; however, the society must indicate what type of information is redacted, for example: [first name] [society questions and the answers].

9Other than the information already provided by the parties, the parties shall submit copies of documents they wish to seek to rely on as evidence. Such documents must be provided to the other party and the Board ten days prior to the hearing in accordance with the Board’s Rules of Procedure. The Society shall provide two copies of its documents to the Board and one copy to the Applicant. The Applicant shall provide one copy of its documents to the Board and one copy to the Society. Documents so disclosed are still subject to the usual considerations with respect to admissibility and weight when tendered at the hearing.

10The panel hearing the application will address any issues that arise regarding disclosure.

11At the hearing the Board will exercise its discretion to:

a) define and narrow the issues in order to decide the application;

b) determine and direct the order in which issues in the application, including issues which a party considers to be preliminary, will be considered;

c) determine and direct the order in which the evidence will be presented; and,

d) limit the evidence or submissions on any issue.

12Reasons for this decision will follow after the completion of the hearing.

CONFIDENTIALITY ORDER

13Pursuant to Rules 30.1 and 30.2 of the Board’s Rules of Procedure parties and their representatives must not use, share, discuss or disclose any Board documents or decisions or any other documents or information provided or used in this application with anyone including through the media or on-line. The Board prohibits the use of any of this information for any purpose outside of the Board’s proceedings.

SHEENA SCOTT

_____________________

Sheena Scott

Vice-Chair