CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
CJD
Applicant
-and-
Childrens Aid Society of Toronto.
Respondent
DECISION
Adjudicator: Caroline Sand
Date: October 21, 2024
Citation: 2024 CFSRB 111
Indexed As: CJD v Childrens Aid Society of Toronto (CYFSA s.120)
Introduction
1This is an Application filed under section 120 of the Child, Youth and Family Services Act, 2017, S.O. 2017, c.14, Sched.1, (the “Act”).
2The Applicant mother is disappointed by the service, or lack of service, the Respondent provided following the child’s disclosure to her parents about her child care provider.
3This decision explains why the Application is not eligible for review by the CFSRB.
the law
4Subsection 120(4) of the Act states:
The following matters may be reviewed by the Board under this section:
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).
Allegations that the society has failed to respond to the complainant’s complaint within the timeframe required by regulation.
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.
Allegations that the society has failed to comply with subsection 15(2).
Allegations that the society has failed to provide the complainant with reasons for a decision that affects the complainant’s interests.
Such other matters as may be prescribed.
5Subsection 15(2) of the Act states:
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.
6Section 56 of Ontario Regulation 156/18 General Matters Under the Authority of the Minister (the “Regulation”) states:
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)” and dated 2020/11, available on a website of the Government of Ontario.
analysis
7In paragraph 6 of the Application, where an applicant identified why they have applied to the CFSRB, the Applicant checked off only the following box:
- The Society refused to proceed with your complaint.
The CFSRB Can Only Review Formal Complaints Made to a Society that Comply with the Regulation
8Subsection 119(2) of the Act requires that a complaint to a children’s aid society be made in the format set out in the Regulation. This includes the filing of a specific “Formal Complaint to a Society’s Internal Complaints Review Panel (“ICRP”) form. Subsections 120(4) 1, 120(4)2 and 120(4)3 of the Act permit the CFSRB to review the way a children’s aid society has dealt with a section 119 complaint only if the complaint to the children’s aid society is in the required format. In this case, the Applicant has not made a complaint to the Respondent on the required form.
9The Applicant filed with her Application a complaint letter to the Respondent. The Applicant did not file or provide information in her Application to support that she made a complaint to the Respondent in the form required by the Regulation.
10As such, the CFSRB lacks jurisdiction to review whether the Society refused to proceed with the Applicant’s complaint.
order
11The Application is dismissed.
confidentiality order
12Pursuant 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.
Dated at Toronto, October 21, 2024.
Caroline Sand
Caroline Sand.
Vice-Chair