SM v. Children's Aid Society of Haldimand & Norfolk, 2019 CFSRB 88

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

SM

Applicant

-and-

Children's Aid Society of Haldimand & Norfolk

Respondent

DECISION

Adjudicator: Gail Gonda

Date: December 12, 2019

Citation: 2019 CFSRB 88

Indexed as: SM v Children's Aid Society of Haldimand & Norfolk (s.120 CYFSA)

INTRODUCTION

1SM (the “Applicant”) and Children's Aid Society of Haldimand & Norfolk (the “Society”) entered into a Settlement Agreement (the “Agreement”) during settlement facilitation discussions on September 16, 2019 and gave their oral consent to an Agreement on September 17, 2019 providing for full settlement of all issues raised by the Applicant in her application to the Child and Family Services Review Board (the “CFSRB”) dated July 17, 2019.

2The Agreement between the parties provided for implementation dates of September 27, 2019 and October 15, 2019 and a non-compliance date of October 22, 2019.

3On October 15, 2019, the CFSRB received correspondence from the Applicant raising concerns about the Society's actions with regard to a scheduled Risk Assessment to take place on October 16, 2019. The Applicant confirmed that she was alleging non-compliance.

4The Society responded to the Applicant's allegation in writing to the CFSRB on October 22, 2019 in which it stated that the Risk Assessment scheduled for October 16, 2019 had proceeded after it had approved a revised consent letter submitted by the Applicant on October 15, 2019.

5The allegations of non-compliance were not clear to the CFSRB. During a teleconference with the parties conducted on December 9, 2019, the Applicant confirmed that she was alleging non-compliance with the first term of the Agreement and explained her reasons. The Society explained its position on the matter. Having reviewed the positions of the parties, I find that the Society complied with the terms of the Agreement.

BACKGROUND

6During the pre-hearing teleconference on September 16, 2019 the parties agreed to mediation and arrived at a full settlement and agreed on the following terms:

1. The Society will provide a detailed written outline of the steps to be taken to complete the Risk Assessment.

2. The Society will provide a written rationale for why the Applicant's husband cannot return to the family home while the Risk Assessment is being undertaken. Implementation date: September 27, 2019

3. In a separate letter, the Society agrees to acknowledge the poor experience that the Applicant has had to date in working with the Society. Implementation date: September 27, 2019

4. The Society will provide the Applicant with a copy of the file with third party information redacted. Implementation date: October 15, 2019

5. The Society agrees to provide the Applicant with copies of case notes prepared by the worker within a week of their entry into the case filing system. Implementation: Ongoing

ANALYSIS

7The Applicant confirmed that her non-compliance allegation was with regard to the first term of the Agreement only. In her view, the Society had not complied because it required her to amend a consent letter drafted for the purposes of Risk Assessment a day prior to the scheduled Risk Assessment. The Society acknowledged that the consent letter provided by the Applicant was not adequate and as a result it was revised on October 15, 2019. The Risk Assessment proceeded as scheduled.

8The Applicant's position was that this could have led to the cancellation of the scheduled Risk Assessment. In fact, it did not. I acknowledge that the process for proceeding to the Risk Assessment was not a smooth one and the need for the consent letter to be revised added a step to the process which was inconvenient and frustrating to the Applicant. However, in a letter dated September 27, 2019, the Society outlined the steps required for proceeding to the Risk Assessment as set out in the first term of the Agreement. One of these steps included the provision of the Applicant's full consent. The initial consent provided by the Applicant did not constitute full consent as requested and required by the Society and needed to be amended. The Applicant amended it and the Risk Assessment proceeded as scheduled.

9The Society complied with the terms of the agreement. While I acknowledge that the Applicant was displeased with the added step in the process, the Society has met its obligations. I am satisfied that the Society acted in good faith and its actions were consistent with the terms of the Agreement.

DECISION

10I am satisfied that the Society complied with the terms of the Agreement and the allegation of non-compliance by SM is dismissed. The file is now closed as settled.

CONFIDENTIALITY ORDER

11Pursuant to Rules 9.1 and 9.2 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.