AR v Children’s Aid Society of Toronto, 2020 CFSRB 34

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

AR Applicant

-and-

Children’s Aid Society of Toronto Respondent

INTERIM DECISION

Adjudicator: Andrea Himel Date: April 14, 2020 Citation: 2020 CFSRB 34 Indexed As: AR v Children’s Aid Society of Toronto (CYFSA s.120)

WRITTEN SUBMISSIONS

AR, Applicant Angela Salvatore, Counsel

Children’s Aid Society of Toronto Yvonne Fiamengo, Counsel

Introduction

1This is an application under s. 120(4) 4 and 5 of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1, proclaimed in force on April 30, 2018, (“Act”). The Applicant alleges that the Society did not hear his concerns regarding the welfare of his daughter (“the Child”), when she experienced bullying at her elementary school, (the “Private School”).

2The Respondent challenges the jurisdiction of the Child and Family Services Review Board (CFSRB) to decide whether the Society met its obligations to hear the Applicant and provide him with reasons for decisions. The Respondent submits that the Application is ineligible for review on the basis that the Applicant is not a person who sought or received services within the meaning of section 120(1) of the Act.

3From the Respondent’s perspective the Applicant reported concerns (some of which were historical) about bullying by another student. The Respondent contacted the Private School and was satisfied that the administrators were addressing the problem. Consequently, the Society opted not to conduct a child protection investigation. The Respondent argues that the act of reporting the child protection concern does not fall within the purview of seeking or receiving services.

4The Applicant submits that he sought child protection services when he requested the Society to: (1) conduct a child protection investigation, and (2) intervene to ensure that the bullying was addressed. The Applicant sought these services on behalf of himself, his daughter and his family. The Applicant submits that his interactions with the Private School (which include the child being repeatedly bullied and subsequently expelled), coupled with the impact of the bullying, caused emotional strain for the family and impacted on the Applicant’s physical and mental health. The Applicant argues that in addition to child protection services he sought and received referrals for family counselling. His submissions conclude that the decision to decline to conduct a child protection investigation, and as such to decline to intervene, are decisions that affect his interests.

5For the reasons that follow the CFSRB has the jurisdiction to hear this matter.

The Law

6The relevant sections of the Act are as follows:

15 Service providers shall ensure,

(2) 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; and

(4) that decisions affecting the interests and rights of children and young persons and their parents are made according to clear, consistent criteria and are subject to procedural safeguards.

120(1) If a complaint in respect of a service sought or received from a Society relates to a matter described in subsection (4), the person who sought or received the service may,

(a) decide not to make the complaint to the Society under section 119 and make the complaint directly to the Board under this section; or

(b) where the person first makes the complaint to the Society under section 119, submit the complaint to the Board before the Society’s complaint review procedure is completed.

(2) If a person submits a complaint to the Board under clause (1) (b) after having brought the complaint to the Society under section 110, the Board shall give the Society notice of that fact and the Society may terminate or stay its review, as it considers appropriate.

(3) A complaint to the Board under this section shall be made in accordance with the regulations.

(4) The following matters may be reviewed by the Board 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 clause 15(2).

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.

(5) Upon receipt of a complaint under this section, the Board shall conduct a review of the matter.

(6) Subsections 119(7), (8) and (9) apply with necessary modification to a review of a complaint made under this section.

(7) After reviewing the complaint, the Board may,

(a) order the Society to proceed with the complaint made by the complainant in accordance with the complaint review procedure established by regulation;

(b) order the Society to provide a response to the complainant within a period specified by the Board;

(c) order the Society to comply with the complaint review procedure established by regulation or with any other requirements under this Act;

(d) order the Society to provide written reasons for a decision to a complainant;

(e) dismiss the complaint; or

(f) make such other order as may be prescribed.

(8) The Board shall not conduct