TA v. Family & Children’s Services of the Waterloo Region, 2020 CFSRB 53

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

TA Applicant

-and-

Family & Children’s Services of the Waterloo Region Respondent

DECISION

Adjudicator: John F. Spekkens

Date: June 3, 2020

Citation: 2020 CFSRB 53

Indexed As: TA v Family & Children’s Services of the Waterloo Region (CYFSA s.120)

WRITTEN SUBMISSIONS

TA, Applicant Self-represented

Family & Children’s Services of the Waterloo Region, Respondent Aisha Ghafoor, Counsel

INTRODUCTION

1The Applicant and the Family & Children’s Services of the Waterloo Region (the “Society”) entered into a Settlement Agreement (the “Agreement”) during a mediation held on March 2, 2020, providing for a full settlement of all issues raised in the Application, dated December 3, 2019 to the Child and Family Services Review Board (the “CFSRB”).

2The Agreement contained six Terms which sought reasons and/or explanations from the Society. The parties agreed to a compliance date of March 31, 2020 and a non-compliance date of April 6, 2020.

3The Applicant made this application regarding the care of his three children (ranging in age from 13 to 11). He and the mother of the children (“the Mother”) have been apart for approximately 7 years. The Mother has custody of the children; the Applicant does visit with his children.

4The Society sent a letter (the “Letter”), dated March 30, 2020 as its response to the issues raised in the Agreement. The Letter was addressed to the Applicant, with a copy sent to the CFSRB.

5The non-compliance date of April 6 passed, and the CFSRB had not heard anything from the Applicant. The CFSRB therefore sent by e-mail its closing letter dated April 7 to the Parties. Minutes later, the Applicant e-mailed the CFSRB the following very brief e-mail, which read as follows:

I would like this to go to the next step as there nothing being done and my question was never answered as thing are still happening

Thank you

6While the Applicant missed his non-compliance, I find that flexibility is appropriate, in view of the circumstances of the current pandemic, and the stresses many are experiencing. I interpret the Applicant’s message as wanting to move on to a non-compliance determination, especially in view of the Applicant’s comments that the Society did not give him answers to the questions in the Agreement.

ANALYSIS

The Law

7The Child, Youth and Family Services Act, 2017 S.O. 2017, Chapter 14, Schedule 1 (the “Act”) outlines the Society’s obligations and the mandate of the CFSRB. Section 120 reads as follows:

(4) The following may be reviewed by the Board under this section:

5. Allegations that the society has failed to provide the complainant with reasons for a decision that affects the complainant’s interests.

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

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

(e) dismiss the complaint

8The Act does not require or permit the CFSRB to make a determination as to the clinical wisdom or validity of a decision made by the Society in the given situation under review by the CFSRB and for which the Society is giving its reasons under this section of the Act.

9In an allegation of non-compliance, an applicant’s statement of disagreement or dissatisfaction with the reasons given by the Society does not negate or invalidate those reasons.

10The Rules of Procedure of the CFSRB allow the CFSRB to conduct hearings orally, in writing, or electronically by teleconference.

11In this situation, I have determined that a hearing in writing is the appropriate manner to proceed. Both parties have communicated to the Board their position in writing. I will rely on the Applicant’s e-mail, and on the Society’s Letter of March 30, 2020.

12Each Term of the Agreement will be reviewed, to determine if the Society in its Letter did meet its obligations under the above-quoted legislation and the commitments it undertook in the Agreement.

13It should be noted that the numbering system used in the Letter was not the same numbering as was used in the Agreement. I will refer to the Terms by the numbering in the Agreement, and make a bracketed reference to the Letter’s numbering of the Terms.

Terms of the Agreement

Term 1: The Applicant believes that his children are at serious risk of harm and neglect, based on his multiple reports to the Society over the years, to the effect that the children’s mother does not meet their children’s emotional needs, and the children complain to the Applicant about this lack of affection.

i) Why does the Society not intervene more intensely in this matter?

ii) Are there methods the Society can suggest to both parents to diffuse this situation?

14The Letter (at its paragraph 2) outlined, in a full three pages, past complaints that the Applicant brought to the Society’s attention, and what actions the Society took in response to those complaints. There were numerous meetings between the staff of the Society and the Applicant. Staff from the Society were working with both the Applicant and the Mother regarding parental conflict, the Applicant’s homeless state, and the Mother’s challenges with certain aspects of parenting. She was receiving help with regards to managing the children’s behaviour, and the general management of her household. Work with the Applicant focussed on his relationship with the Mother, and issues relating to discipline. Assistance was also given to the Applicant, with regard to his attempts to obtain housing, since his homeless state significantly impeded his ability to have the children visit with him. Specific complaints were listed by the Society, and the Society outlined the steps it was taking with both parents around these issues. Homelessness, discipline, school lunches, too early and too late arrival times at school, personal hygiene practices of the children, counselling for the children, the regular taking of prescribed medications, are all examples of the type of issues dealt with by the Society with the Applicant and the Mother, and described in a detailed way in the Letter.

15The Letter also describes the Applicant’s request to the Society to remove the children from the care of the Mother, and to have the children placed in his care so that he could obtain housing. The Society explained to the Applicant that there was no reason for the children to be removed from the care of their mother. The Society is working on an ongoing basis with the Mother, to help her deal with the conflict with her former partner and with the challenges of raising the three children.

16The Society writes that it is providing the required level of intensity of supervision and intervention in working with the Mother, and that this level of intensity of supervision and intervention does not require being raised. The Society would like more action from the Applicant on the issues he is facing. The Letter pointed out that the Applicant had great difficulty in looking at issues relating to him and his situation, and that in turn this made him focus more on making allegations against the Mother.

17With regards to the second question under Term 1, the Applicant asks the Society for suggestions to help improve the current situation. The Letter points out the two time periods when active and intense service was given. From October 2017 to July 2018, the Society focussed on two general areas: the intensity of the adult conflict between the parents became a major concern, and the accompanying expressions of concern by the Applicant about the Mother’s parenting. The Letter lists four community programs by name to which it had referred the Applicant and the Mother, to get help beyond that given by the Society staff. These programs appeared to benefit the family, and the Society closed the protection file in July 2018.

18The file was re-opened by the Society in May 2019. No further outside resources were suggested, as the parents had used the main previously listed available services. As well, the additional services at times overwhelmed the Mother. The Society currently provides regular monthly support services to the Mother.

19The worker’s attempts to help the father have not been very productive. The Letter contains the following comments, with regard to Term 1, item ii):

[…] attempts to work one-on-one with Mr.[name] have been rather unconstructive as he is more fixated on Ms.[name] parenting and making complaints about the same.

[…] the Society’s ongoing message to both Mr.[name] and Ms.[name] is that, the adult conflict and tension between the parents is harmful to the children. Further the Society has repeatedly asked the parents to reduce exposing the children to adult conflict. The children have expressed to the Society workers that they wish that their parents could get along with each other. This has been communicated to both parents on an ongoing basis.

20The Letter mentioned three other resources available to the Applicant, and notes positively that he seems to be benefitting from his involvement in one of these programs.

21I find that the Society gave substantive information and explanations on both aspects raised in Term 1, and thus met its obligations under the Agreement.

Term 2: The children’s mother took the children to counselling sessions without the Applicant being made aware of this. Why was this information not shared with the Applicant?

22The Letter (at its paragraph 3) points out that the Applicant met on September 30, 2019 with the Worker, her Supervisor, and the Service Director at the Society’s office. The Applicant was advised that the Mother had just recently accessed counselling for the children. The Applicant was upset that he was not aware earlier of this counselling, and asked to attend the counselling sessions. It was pointed out to him that it is a decision for the Counsellor, and not the Society, whether the Counsellor wanted him to attend.

23Again, at a meeting on January 15, 2020, the Worker met with the Applicant. He expressed frustration over not being part of the counselling sessions. The Worker explained that counselling should be available to the children, away from conflict with either parent, and again advised the Applicant that a decision as to whether he can attend the counselling is entirely left to the Counsellor.

24I find that the Society gave a substantive answer to the question posed in Term 2, and thus met the Society’s obligations.

Term 3: The Applicant believes the children’s physical care and nurturing is not sufficient for their needs (for instance: school lunches, housekeeping, personal hygiene such as bathing frequency). Why is the Society not concerned about this situation and implement a more intensive oversight regarding these issues?

25The Letter (at its paragraph 4) in more than two full pages, describes a series of meetings of Society staff with the Applicant and with the Mother. It documents the various complaints made by the Applicant, and outlines discussions about the work done on the various complaints. Following are some examples of the concerns raised by the Applicant, with the Society’s response, in summary form:

• Child went to school early;
  • Not a child protection concern.
• Children not showering regularly;
  • Children not wanting such frequent showers; issue being discussed with Mother.
• Mother is communicating with Applicant through the children;
  • Both parents are doing this, and both parents advised to refrain.
• The boys should be in counselling;
  • Counselling has been accessed.
• Applicant upset he was not aware of counselling, and wanted to attend;
  • Applicant had been advised of this by staff, and informed he could attend only if the therapist chose to ask him.
• Child sucking his thumb, and at times late for school;
  • Not a child protection concern, issue being worked on. School advises it has no concerns about the children in care of Mother.
• Applicant wanted children removed from Mother’s care and placed with him;
  • Society explained there are no grounds for removing children from Mother’s care.

26The Society completed its response to this issue by writing as follows:

[…] the well-being, safety and ongoing care of the children at this time is not a concern for the Society. [The Worker] meets with the children and their mother in the home on a monthly basis. Further, any concern related to the children’s well being, safety and ongoing care that has been brought to the Society’s attention (either by [the Applicant] or the community), has been appropriately investigated by the Society.

27There was an incident where the Applicant reported to the Society that one Child showed some bruising, in October 2019. This incident was investigated by the school and by the Society. Both the school and the Society were satisfied that the bruising occurred as a result of a physical altercation between the Child and his brother. The conclusion was that this incident in no way reflected on the Mother’s parenting capacity.

28I find that the Society gave a substantive answer to the question posed in Term 3, and thus met the Society’s obligations.

Term 4: The Society does not approve of the Applicant’s physical discipline with his children. Would the Society suggest to the Applicant better ways to approach this issue of discipline at the children’s current age and stage. The Applicant would like a specialized new worker to deal with this specific issue?

29The Letter (at its paragraph 5) explains that it has repeatedly advised the Applicant against the use of physical discipline, which has in the past included twisting the Child’s ankles. The Society also wrote that it has suggested to the Applicant that he not ask the children questions about their Mother and record their answers. The children have let the Society know that they do not like being recorded by the Applicant. On many occasions, the Society has advised both parents to decrease the parental conflict between them, as this is a harmful situation for the children. Suggestions have been made by the Worker about rewarding positive behaviours, rather than focussing on punishing or reprimanding negative behaviours. Suggestions have been made to the Applicant to improve his parenting skills, with the expectation that this will have a positive impact on the children.

30With regard to the request for a specialized new Worker, the Society has made a direct referral for a specific named home parenting support service, with a worker to be assigned to work with both parents around discipline techniques. The Society did note, however, that implementation of the direct involvement with this new Worker may be delayed because of current pandemic.

31I find that the Society has given a practical suggestion and tangible referral for a new Worker, as requested in Term 4, and thus met the Society’s obligations.

Term 5: The Applicant believes that medical appointments are not booked and/or followed up in a timely fashion. Can the Society take a more active role in monitoring the planning and attending of the children’s medical appointments?

32The Society in its Letter (at its paragraph 6) summed up the situation as follows, and is a good illustration of the interaction of miscommunication and misunderstanding between the parents:

• [the child] had an appointment with a specialist […] Mr. [name] was going to take the child to his appointment. However, Mr. [name] was confused and believed that the appointment was arranged for the next day;
• [the Mother] ended up cancelling the appointment;
• the Applicant then attended at the Society’s office, insisted on speaking to someone in the Worker’s absence, and expressed being upset that the Society was doing nothing and that the Mother had cancelled the specialist appointment;
• at a meeting two months later at the Society’s office, the Applicant acknowledged his mistake, but re-iterated that the Mother could not take the Child to the Specialist appointment;
• lastly, the Society advised the Applicant that the doctors seeing the Child have not made complaints about the Child’s attendance at appointments nor about the follow-up to their recommendations.

33With regard to the second question in Term 5, the Society recommended that the parents start using a written communication book, which would go back and forth with the children, to ensure that each parent is made aware in writing of medical appointments and other critical information that needs to be shared.

34As well, the Society advised the Applicant that it believes that the Mother has demonstrated the ability to manage the children’s appointments and activities on a regular basis.

I find that the Society gave a detailed explanation on the issue of Term 6, that it gave practical suggestions as requested, and thus met the Society’s obligations.

Term 6: The Applicant suggests communication with the worker as follows: on Wednesdays, the Applicant may send an e-mail to the worker, identifying any issues as needed; the Worker will respond to such e-mail by Friday (absent emergency situations on her caseload); is the Society in agreement with this arrangement.

35The Letter (at its paragraph 7) outlined the Society’s agreement with the communication plan as proposed in Term 6. The Society gave a specific example of communication between the Applicant and the Society that followed the above proposed schedule. The Society noted that the concerns raised by the Applicant in this communication would be raised with the Mother at the next scheduled meeting with the Mother. The Society also noted again that the Society has not received any expressions of concerns from the school.

36The Society ended its response with the note that any matters that are scheduled regularly may at times not happen in the desired timeframe, in view of the current conditions for service delivery in this period of pandemic.

37I find that the Society gave a substantive answer to the proposed communication plan, and that the Society gave a specific example to show that the communication plan has been implemented; as well, the Society cautioned that the current pandemic may at times impact on its ability to respond immediately. Thus, with regard to Term 6, the Society met its obligations.

DECISION

38In view of the reasons and explanations given by the Society regarding the Terms of the Agreement, I find that the Society met its commitments and obligations as set out in the Agreement and as required by the Act.

ORDER

39For the reasons and explanations given by the Society, I find that the Society met its obligations to provide reasons and explanations for its decisions in accordance with the Agreement and as required under the Act. Therefore, the allegation of non-compliance is dismissed, and the CFSRB's file is closed as settled.

CONFIDENTIALITY ORDER

40Pursuant 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.