CH v. Children’s Aid Society of Nipissing & Parry Sound, 2023 CFSRB 87

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

CH Applicant

-and-

Children’s Aid Society of Nipissing & Parry Sound Respondent

DECISION

Adjudicator: Daniel McSweeney Date: October 17, 2023 Citation: 2023 CFSRB 87 Indexed As: CH v Children’s Aid Society of Nipissing & Parry Sound (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.

3The Applicant is a mother with whom a 14-year-old resides (the “Young Person”). The Young Person left her family home and now lives with the Applicant. The Applicant is concerned with the Young Person’s safety and welfare. The Applicant and the Respondent have had several interactions regarding the Young Person since August 2023. The Applicant alleges that Respondent staff have not communicated with her and have not supported her and the Young Person. The Applicant is also concerned with the lack of urgency on the part of Respondent staff.

4The Applicant sent a letter of complaint to the Respondent on September 11, 2023, outlining her concerns and requesting that the Young Person’s file be reviewed.

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 she was applying to the CFSRB), the Applicant indicated that the Respondent refused to proceed with her complaint, and the Respondent did not follow its complaint review process or timelines. These two items refer to sections 120(4) 1 and 2 of the Act which also refer 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, it is unclear from the Application if the Applicant is a service recipient. More importantly in terms of the CFSRB’s jurisdiction, the Applicant did not provide any evidence to the CFSRB that she had submitted her complaint on the prescribed Form specified in the Regulations (the ICRP process). She complained to the Respondent in a letter dated September 11, 2023.

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.