KW v. Children’s Aid Society of Hamilton, 2023 CFSRB 47

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

KW

Applicant

-and-

Children’s Aid Society of Hamilton

Respondent

DECISION

Adjudicator: Daniel McSweeney

Date: June 12, 2023

Citation: 2023 CFSRB 47

Indexed As: KW v Children’s Aid Society of Hamilton (CYFSA s.120)

Introduction

1This is a Complaint filed with the Child and Family Services Review Board (“CFSRB”) under section 120 (4) 4 of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1 (the “Act”).

2This decision explains why the Complaint is not eligible for review by the CFSRB.

BACKGROUND

3The Applicant is the godmother to two children (the “Children”). The Applicant alleged that Respondent staff failed to hear and proceed with her complaint regarding alleged physical, verbal, emotional and financial abuse of the Children’s mother by her parents and brother. She alleged that this abuse occurred in front of the Children. In addition, the Applicant indicated that the Children’s grandparents and uncle threatened to split the Children up.

4The Children’s mother and the Applicant met with a member of the Respondent’s staff. The Applicant was not satisfied with the decision and statements of Respondent’ staff. As such, she alleged that the staff member was incompetent, was not impartial and was biased which his causing stress on the Children and their mother.

THE LAW

5Section 120(4) of the Act states:

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 section 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 section 15(2).

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

6Section 15(2) of the Act ensures 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.”

7H.L.B. v. Chatham-Kent Children’s Services (CFSA s. 68), 2012 CFSRB 4 (para. 51) examines the issue of who is in receipt of services.

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

8The Applicant is the godmother of the Children. The Applicant expressed concern for the treatment of the Children’s mother by Respondent staff.

9The right to be heard in the Act is limited to “children and young persons and their parents”. The definition of “parent” in the Act does not include foster parents, grandparents, or godparents. As such, section 15(2) of the Act does not apply to the Applicant.

10I considered the application of H.L.B. v. Chatham-Kent Children’s Services to this Complaint: if the Applicant was in receipt of services from the Respondent. I have not been provided with any evidence that the Applicant has received or is currently receiving any services or assistance related to the Children from the Children’s Aid Society of Hamilton.

11As such, I find that the Applicant is not in receipt of services from the Respondent. Therefore, she is not entitled to reasons from the Respondent.

12For these reasons, the CFSRB lacks jurisdiction to review the Complaint under sections 120(4) 4 and 5 of the Act.

13The Application is dismissed.

confidentiality order

14Pursuant 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.