AD v. Nogdawindamin Family and Community Services, 2023 ONCFSRB 98

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

AD

Applicant

-and-

Nogdawindamin Family and Community Services

Respondent

DECISION

Adjudicator: Daniel McSweeney Date: November 21, 2023 Citation: 2023 CFSRB 98 Indexed As: AD v Nogdawindamin Family and Community Services (CYFSA s.120)

INTRODUCTION AND BACKGROUND

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

2After having reviewed the Complaint, I find that the CFSRB does not have jurisdiction to review the Complaint pursuant to sections 119 and 120 of the Act.

3The Applicant is a former foster care provider to 2 siblings (the “Children”). The Applicant and her husband were involved in negotiating a customary care placement for one of the Children who remained in their household (the “Child”). The relationship between the Applicant and the Respondent broke down over concerns related to the length of the customary care agreement; lack of communication and clarity in communication; and supports provided to the Applicant and her husband in their role as caregivers. The Applicant sent an e-mail to the Respondent on November 3, 2023, terminating the Child’s placement effective on that date. The Child did not return to the Applicant’s home.

THE LAW

1Section 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

2Section 2(2) of the Act defines parent as:

a) The person who has lawful custody of the child; or

b) If more than one person has lawful custody of the child, all of the person who have lawful custody of the chid, excluding any person who is unavailable or unable to act, as the context requires

3Section 15(2) of the Act confirms that:

Service providers shall ensure 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

4Section 2(1) of the Act defines service as:

a) a service for a child with a developmental or physical disability or the child’s family

b) a mental health service for a child or the child’s family

c) a service related to residential care for a child

d) a service for a child who is or may be in need of protection or the child’s family

e) a service related to adoption for a child, the child’s family or others

f) counselling for a child or the child’s family

g) a service for a child or the child’s family that is in the nature of support or prevention and that is provided in the community

h) a service or program for or on behalf of a young person for the purposes of the Youth Criminal Justice Act (Canada) or the Provincial Offences Act, or

i) a prescribed service The Board shall not conduct a review of a complaint under this section if the subject of the complaint.

ANALYSIS

5The Applicant is a former foster parent. The Applicant provided documents which confirmed that she terminated the Child’s placement on November 3, 2023.

6Under normal circumstances, foster parents are unable to have their section 120 complaints reviewed by the CFSRB as they are not parents; and they are not considered service recipients.

7Given the focus of the Complaint on the failure to reach a meeting of the minds in relation to the Customary Care Agreement; and given that the Applicant was not subject to an investigation by the Respondent, I find that the Applicant does not have a right to be heard pursuant to s. 120(4)4 as she is not a parent, nor is she a recipient of service in her role as a former foster care provider.

8As such, the CFSRB is not eligible to review the Applicant’s Complaint pursuant to sections 120(4)4 of the Act.

9Furthermore, given that the Applicant is no longer a service provider for the Respondent, the privacy provisions of Part X of the Act may preclude the further exchange of information or discussion of any personal information regarding the Child.

DECISION

10The Application is therefore dismissed for lack of jurisdiction.

CONFIDENTIALITY ORDER

11Pursuant 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.