CW v. Children’s Aid Society of Oxford County, 2023 ONCFSRB 13

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

CW Applicant

-and-

Children’s Aid Society of Oxford County Respondent

DECISION

Adjudicator: Daniel McSweeney Date: January 04, 2023 Citation: 2023 CFSRB 13 Indexed As: CW v Children’s Aid Society of Oxford County (CYFSA s.120)

INTRODUCTION AND BACKGROUND

1This is an Application filed with the Child and Family Services Review Board (“CFSRB”) under section 120 of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1 (the “Act”).

2After having reviewed the Application before me, I find that the CFSRB does not have jurisdiction to review the Application pursuant to sections 119 and 120 of the Act and Ontario Regulation 158/18.

3The Applicant alleged that the Respondent did not follow its complaint review process or timelines. The Applicant specifically indicated that the Respondent was in a conflict of interest for investigating her; and the investigation was not performed in a timely manner, especially given staff vacations. The Applicant also requested $2,000 to cover losses in her day care business.

4The Applicant is the foster parent to a Child, and also runs a day care. Allegations against the Applicant were investigated by local Police, Respondent staff, as well as the Ministry of Children, Community and Social Services. The Respondent initially found that the Applicant needed to be supervised when she was with the foster Child. The Applicant received notice that the allegations against here were not verified on October 25, 2022.

THE LAW

5Section 120(4)4 of the Act indicates that the following matters may be reviewed by the Board:

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)

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

6Section 2(2) of the Act defines parent as:

a) The person who has lawful custody of the child; or

b) If more than one person has lawful custody of the child, all of the person who have lawful custody of the chid, excluding any person who is unavailable or unable to act, as the context requires

7Section 15(2) of the Act confirms that:

Service 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

8Section 2(1) of the Act defines service as:

a) a service for a child with a developmental or physical disability or the child’s family

b) a mental health service for a child or the child’s family

c) a service related to residential care for a child

d) a service for a child who is or may be in need of protection or the child’s family

e) a service related to adoption for a child, the child’s family or others

f) counselling for a child or the child’s family

g) a service for a child or the child’s family that is in the nature of support or prevention and that is provided in the community

h) a service or program for or on behalf of a young person for the purposes of the Youth Criminal Justice Act (Canada) or the Provincial Offences Act, or

i) a prescribed service The Board shall not conduct a review of a complaint under this section if the subject of the complaint,

9H.L.B. v. Chatham-Kent Children’s Services (CFSA s. 68), 2012 CFSRB 4 (Can LII 2012-02-01) (para. 51) as follows:

Looking at the statute, the Society’s obligation to provide reasons in section 68.1 (4) 5 is not confined to “parents”. If that were the case, the obligation would be associated with section 2(2) (a) of the Act, like the right to be heard. The right to reasons for decisions that affect one’s interests is broad and recognizes that there may be persons other than parents who are involved with children under the Act and whose lives may be impacted by Society decisions. For example, the Board has held that foster parents or teachers who are the subject of an investigation by a society are receiving a service and are entitled to reasons relating to the decisions made in the investigation. The Board has also held that grandparents who have sought access to their grandchildren from a society that controls access have a right to reasons.

ANALYSIS

10The Applicant indicated in the Complaint that the Respondent failed to follow its complaint review process or timelines. This refers to section 120(4) 1 of the Act which refers to section 119(1). Section 119(1) states: “A person may make a complaint to a society relating to a service ought or received by that person from the society in accordance with the regulations. Subsection 2 states: “Where a society receives a complaint under subsection (1), it shall deal with the complaint in accordance with the complaint review procedure established by regulation, subject to subsection 120(2).

11The Applicant is a foster parent. Under normal circumstances, foster parents are unable to have their section 120 complaints reviewed by the CFSRB as they are not parents; and they are not considered service recipients. The CFSRB has found applications from foster parents to be eligible for review when, for example, they have been subject to an investigation and are seeking reasons under section 120(4)5. In this case; however, the Applicant in answering Question 6 only checked off: “The Society did not follow its complaint review process or timelines” and indicated “conflict, timelines, holidays” beside Question 6.

12Sections 56 and 57 in Ontario Regulation 156/18 (October 30, 2019) indicate: “A complaint to a society under subsection 119(1) of the Act must be made in the form entitled “Formal Complaint to a Society’s Internal Complaints Review Panel (ICRP)”. Within 7 days after receiving a complaint under subsection 119(1) of the Act, the society shall determine whether the complaint is eligible for review”.

13In this case, the Applicant did not indicate that she submitted a formal complaint to the Respondent on the prescribed form. She also did not include a copy of any written complaint to the Respondent. As such, the CFSRB is not eligible to review the Applicant’s Complaint pursuant to section 119 and section 120(2) of the Act.

DECISION

14I find that the Respondent has not made a formal complaint pursuant to section 119 of the Act and Ontario Regulation 156/18. As such, the CFSRB does not have the jurisdiction to review the Complaint.

15The Application is therefore dismissed.

CONFIDENTIALITY ORDER

16Pursuant 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.