MO v. Children’s Aid Society of Haldimand and Norfolk, 2018 CFSRB 21

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

MO Applicant

-and-

Children’s Aid Society of Haldimand and Norfolk Respondent

DECISION

Adjudicator: Marisha Roman Date: May 25, 2018 Citation: 2018 CFSRB 21 Indexed as: MO v Children’s Aid Society of Haldimand and Norfolk (CYFSA s.120)

INTRODUCTION

1This is an Application made under section 68.1(4) of the Child and Family Services Act, and continuing under section 120(4) of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1, proclaimed in force on April 30, 2018 (the “Act”).

BACKGROUND

2The Applicant is a community member and a father.

3In his Application, the Applicant states that he has concerns regarding the “care and services being provided to … three children” who are now, allegedly, in the care of the Respondent. He adds that he and his family “are not acquaintances of the family/children being discussed.” He requests an “investigation” of the Respondent’s services to the children “to ensure these children are being offered appropriate services to meet their … needs.”

THE LAW

4Section 120 of the Act provides that, if a person has “a complaint in respect of a service sought or received from a society [and the complaint] relates to a matter described in subsection (4), the person who sought or received the service may decide” to make a complaint to either the society or the Child and Family Services Review Board (“CFSRB”).

5Subsection 120(4) of the Act provides that,

The following matters may be reviewed by the [CFSRB] under this section:

1. Allegations that the society has refused to proceed with a complaint made by the complainant under subsection 119(1) as required under subsection 119(2).
2. Allegations that the society has failed to respond to the complainant’s complaint within the timeframe required by regulation.
3. Allegations that the society has failed to comply with the complaint review procedure or with any other procedural requirements under this Act relating to the review of complaints.
4. Allegations that the society has failed to comply with subsection 15(2) [which provides that “[s]ervice providers shall ensure that children and young persons and their parents have an opportunity to be heard and represented when decisions affecting their interests are made and to be heard when they have concerns about the services they are receiving.”]
5. Allegations that the society has failed to provide the complainant with reasons for a decision that affects the complainant’s interests.
6. Such other matters as may be prescribed.

ANALYSIS

6For a complaint to be eligible under section 120 of the Act, an applicant must be seeking or receiving services or have received services from a society, and the complaint must relate to those services.

7Although the Applicant is expressing concerns regarding children who are allegedly receiving services from the Respondent, neither the Applicant nor his family have received or are receiving services. As a result, the Application is not eligible for review by the CFSRB.

ORDER

8The Application is dismissed.

CONFIDENTIALITY ORDER

9Pursuant to Rules 9.3 and 9.4 of the CFSRB’s Rules of Procedure parties and their representatives must not use, share, discuss or disclose any CFSRB 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 CFSRB prohibits the use of any of this information for any purpose outside of the CFSRB’s proceedings, except with an order of the Court or the CFSRB, as appropriate.