CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
NY Applicant
-and-
Family and Children’s Services of Lanark, Leeds & Grenville Respondent
DECISION
Adjudicator: Daniel McSweeney Date: June 20, 2023 Citation: 2023 CFSRB 49 Indexed As: NY v Family and Children’s Services of Lanark, Leeds & Grenville (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 aunt to a woman who turned 18 on the day the Complaint was reviewed (the “Young Adult”). The Applicant alleged that the Respondent denied a Voluntary Youth Services Agreement (VYSA) request for the Young Adult. The Applicant alleges that the Young Adult has experienced mental and emotional abuse and neglect by her mother and her father. The Applicant alleges that the Young Adult’s mother’s mental illness prevents her from caring for the Young Person and that her father is incapable of providing care due to a terminal illness.
4The Applicant is concerned that the Young Adult has been denied housing assistance. The Applicant disagrees with the Respondent’s assessment of the Young Adult’s situation.
5The Applicant indicated that she has not been made aware of any internal complaints process to review the decision not to approve the VYSA.
THE LAW
6Section 120(4) of the Act states:
The following matters may be reviewed by the Board under this section:
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).
Allegations that the society has failed to respond to the complainant’s complaint within the timeframe required by regulation.
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.
Allegations that the society has failed to comply with section 15(2).
Allegations that the society has failed to provide the complainant with reasons for a decision that affects the complainant’s interests.
7Section 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.”
8H.L.B. v. Chatham-Kent Children’s Services (CFSA s. 68), 2012 CFSRB 4 (2012-02-01) (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
9The Applicant is the aunt to the Young Person. The Applicant expressed concern for the mental health and safety of the Young Person and the Respondent’s refusal to enter into a VYSA with the Young Person.
10The 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