CH v. Simcoe Muskoka Family Connexions, 2023 ONCFSRB 82

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

CH Applicant

-and-

Simcoe Muskoka Family Connexions Respondent

DECISION

Adjudicator: Daniel McSweeney Date: September 27, 2023 (Amended on October 3, 2023) Citation: 2023 CFSRB 82 Indexed As: CH v Simcoe Muskoka Family Connexions (CYFSA s.119/120)

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.

3The Applicant is the stepfather of the Child.

4The Application indicated that the Child has been diagnosed with a variety of disabilities. On August 3, 2023, the Applicant, the Child, and the Child’s mother were involved in an incident in which the Child attempted suicide, self-harm, and was violent to others. The Applicant and the Child’s mother held the child in place to calm her and to administer prescribed medication. After an investigation, the Respondent verified the use of excessive force/discipline as a one-time incident.

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

6In response to Question 6 in the Application (why he was applying to the CFSRB), the Applicant indicated that the Respondent refused to proceed with his complaint and the society did not follow its complaint review process or timelines. This refers to section 120(4) 1 of the Act which also makes reference 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 through the Internal Complaints Review Panel (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 did not provide any evidence to the CFSRB that he had submitted his complaint pursuant to the ICRP process using the prescribed Form specified in the Regulations.

DECISION

11I find that the Applicant 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.

12The Application is therefore dismissed.

CONFIDENTIALITY ORDER

13Pursuant 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.