DW v. Children's Aid Society of Toronto, 2018 CFSRB 38

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

DW Applicant

-and-

Children’s Aid Society of Toronto Respondent

DECISION

Adjudicator: Katherine Laird Date: September 11, 2018 Citation: 2018 CFSRB 38 Indexed as: DW v Children's Aid Society of Toronto (s.120 CYFSA)

APPEARANCES

DW, Applicant No one appearing

Children’s Aid Society of Toronto, Respondent Jodi Kaiman, Counsel

1This is an Application filed under section 68.1(4)4 and 5 of the Child and Family Services Act, RSO 1990, c.C11 and continued under section 120(4)4 and 5 of the Child, Youth and Family Services Act, 2017, SO 2017, c 14 Sched.1 (the “Act”).

2The Application alleges that the Society has not heard the Applicant’s service concerns, especially when decisions were made, and has not provided her with reasons for decisions affecting the interests of her child and herself. In particular, the Applicant alleges that the Society has not properly heard and responded to her requests to close its child protection file with respect to her son.

3An in-person mediation meeting was held on July 3, 2018, and a pre-hearing was conducted by conference call on July 6, 2018. The Applicant was in attendance on both dates, having received notice by email. Following the July 6, 2018 pre-hearing, a Pre-hearing Report was prepared the same day and sent to the parties, stating that the hearing would be held on September 6, 2018. On August 7, 2018, a Notice of Hearing was sent to the Applicant by email, confirming that the hearing would take place on September 6, 2018, at 9:30 a.m., at the 655 Bay Street, Toronto.

4The Applicant did not attend the hearing on September 6, 2018. The CFSRB attempted to reach the Applicant by telephone and by email without success.

5At the hearing, the Society informed me that the family’s circumstances had changed. Counsel explained that the child had been placed with his father pursuant to a court order made August 28, 2018. As a result of this change the Applicant had informed the Society’s Intake Worker during a supervised visit on September 5 that she would not be attending the hearing. I was provided with a copy of the Court's endorsement.

6Based on a review of voice and email messages, it appears that the Applicant made no attempt to contact the CFSRB at any time between August 28, 2018 and September 6, 2018, to explain her non-attendance or to indicate that she wished the Application to proceed at a later date. Accordingly, the Application is dismissed as abandoned.

ORDER

7This Application is dismissed as abandoned.

CONFIDENTIALITY ORDER

8Pursuant 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 online. 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.