EM v. Family and Children’s Services of Guelph and Wellington County, 2023 CFSRB 53

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

EM Applicant

-and-

Family and Children’s Services of Guelph and Wellington County Respondent

DECISION

Adjudicator: Daniel McSweeney Date: June 16, 2023 Citation: 2023 CFSRB 53 Indexed As: EM v Family and Children’s Services of Guelph and Wellington County (CYFSA s.120)

INTRODUCTION AND BACKGROUND

1This is an Application filed with the Child and Family Services Review Board (“CFSRB”) under sections 119 and 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 156/18.

3In her Complaint, the Applicant indicated that the Respondent refused to proceed her complaint, and did not follow its complaint review process or timelines. The Applicant had submitted various complaints to the Respondent between December of 2022 and June of 2023, which were attached to her Complaint. Some of the complaints were submitted by third parties in support of the Applicant’s concerns.

4The Applicant is the mother of an 8-year-old who has been placed in foster care. The Applicant and her son are Indigenous. The Applicant is concerned about her son’s health and safety and has alleged that he has been neglected. The Applicant is also concerned with access arrangements, and not being provided with updates regarding her son. The Applicant also alleged that she and her other children are being alienated from her son, and that the reunification plan is not being followed. Finally, the Applicant is concerned regarding the lack of communication and follow-up by Respondent staff.

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

ANALYSIS

6The Applicant indicated in the Complaint that the Respondent refused to proceed with her complaint; and did not follow its complaint review process or timelines (see response to Question 6 in the Application). This refers to section 120(4) 1 of the Act which refers to section 119(1).

7Section 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).

8Ontario Regulation 156/18 at sections 56-64 provides the framework for making a complaint to a child protection agency. (ICRP)”.

9Sections 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”.

10In this case, the Applicant’s complaints were sent to the Respondent by e-mail between December 2022 and June of 2023. They were not made on the Form specified in the Regulations.

11I note that in an e-mail from Respondent Worker Carrie Dwyer dated April 22, 2022, the Applicant was informed of the Respondent’s complaint procedure and was provided a copy of the Feedback and Complaints Procedures.

DECISION

12I 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 Application.

13The Application is therefore dismissed.

14I also note that the Applicant has involved several third parties and has shared information on various social media. I remind the Applicant that her Complaint and this response are governed by the CFSRB’s confidentiality provisions (see below).

CONFIDENTIALITY ORDER

15Pursuant 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.