RK v. Simcoe Muskoka Family Connexions, 2024 ONCFSRB 1

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

RK

Applicant

-and-

Simcoe Muskoka Family Connexions

Respondent

INTERIM DECISION

Adjudicator: Daniel McSweeney

Date: January 05, 2024

Citation: 2024 CFSRB 1

Indexed As: RK v Simcoe Muskoka Family Connexions (CYFSA s.120)

APPEARANCES

RK, Applicant

Self-Represented

Simcoe Muskoka Family Connexions, Respondent

Karen O’Keefe, Counsel

INTRODUCTION

1The Applicant is the father of a daughter (the “Child”).

2The Applicant and Simcoe Muskoka Family Connexions (the Respondent) entered into a final Settlement Agreement (the “Agreement”) dated July August 14, 2023, in relation to a Mediation held on the same day. The Agreement represented a full settlement of all issues raised in the Application, received by the Child and Family Services Review Board (the “CFSRB”) on July 4, 2023.

3The Agreement consisted of 19 detailed Terms with an implementation date of November 17, 2023, and a compliance date of December 8, 2023.

4The Applicant received a letter dated September 27, 2023, which contained explanations related to 17 of the 19 Terms. The remaining 2 Terms (disclosure of the Applicant’s file; and placement of a letter of disagreement on the Applicant’s file) were to be completed in December of 2023.

5The Applicant alleged that the Respondent was not compliant with the Terms on December 10, 2023.

6The Respondent provided the Applicant a redacted copy of his file on December 22, 2023. The Applicant was not satisfied with the disclosure as it did not represent the wording in Term 3:

“The Applicant will be provided with the full disclosure of his file from November 2020 until the present. The Respondent will provide a non-redacted copy of the file once the Applicant obtains a second signed consent from the Child’s mother for unreacted disclosure”.

7The Applicant had provided the Respondent with a signed consent for himself as well as the Child’s mother.

8The parties met via videoconference on January 5, 2024, to discuss the issue of disclosure and the Applicant’s submission of a letter of disagreement on his file as per Term 4.

9The Respondent conceded that the disclosure received by the Applicant did not conform with the wording of Term 3 in the Agreement. The Applicant indicated that he would also like the disclosure to contain the notes of 3 specific workers, as well as with notes reflecting how and why decisions were made by Respondent staff.

10Respondent’s Counsel indicated that the proper disclosure will be made within 10 days. She noted the Applicant’s concerns and indicated that she would review the disclosure before it was released to ensure that it conformed to the wording in Term 3.

11The parties agreed that the Applicant will be provided with the unredacted disclosure on or before Friday, January 19, 2024. The Applicant requested 3 months to review the file and to provide the Respondent with a letter of disagreement. Respondent Counsel agreed with this deadline. The Applicant will provide the letter on or before Friday, April 12, 2024. A non-compliance date has been set for Friday, April 19, 2023.

12I requested that any non-compliance allegations be provided to the CFSRB and the Respondent in detail, in writing. I will then decide whether the non-compliance allegations will be decided by in writing or whether to hold a non-compliance videoconference. I reminded the Applicant that in reviewing non-compliance allegations, I will be deciding whether the Respondent responded adequately with each Term in the Settlement Agreement, rather than whether the Applicant was satisfied or happy with the response provided by the Respondent.

13If the CFSRB does not hear from a party on or before April 19, 2023, the file will be closed.

ORDER

14The Respondent will provide the Applicant with an unredacted copy of his file on or before Friday, January 19, 2024.

15The Applicant will provide his letter of disagreement to the Respondent on or before April 12, 2024.

16The Respondent will confirm in writing with the Applicant and the CFSRB that it has placed the letter of disagreement on the Applicant’s file on or before April 15, 2024.

17The Applicant will provide his written non-compliance allegations (if any) to the Respondent and the CFSRB on or before Friday, April 19, 2024.

CONFIDENTIALITY ORDER

18Pursuant 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.