SM v. Simcoe Muskoka Family Connections, 2024 CFSRB 112

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

SM Applicant

-and-

Simcoe Muskoka Family Connections Respondent

DECISION

Adjudicator: Caroline Sand Date: October 21, 2024 Citation: 2024 CFSRB 112 Indexed As: SM v Simcoe Muskoka Family Connections (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”).

BACKGROUND

2The Applicant is in a long-term loving relationship with the mother of HC and JC, who are both in extended society care. The Applicant has inquired into adopting the children HC and JC, and the society refused to proceed with the adoption.

3In addition to this Application filed under s.120 of the Act, the Applicant filed an application under s.192 of the Act, which the CFSRB is reviewing for eligibility.

THE LAW

4Subsection 120(4) of the Act states:

The following matters may be reviewed by the Board under this section:

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.

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 identifies why they have applied to the CFSRB, the Applicant checked off the following boxes:

• The Society did not give you a chance to be heard when you raised your concerns;

• The Society did not give you a chance to be heard when decisions that affected your interests were made; and

• The Society refused to proceed with your complaint.

The Applicant is not a “Parent” as defined by the [Act](https://www.canlii.org/en/on/laws/stat/so-2017-c-14-sch-1/latest/so-2017-c-14-sch-1.html)

8The first two boxes checked by the Applicant relate to the right to be heard.

9Subsection 15(2) of the Act limits the right to be heard to “children and young persons and their parents.” The Applicant is not a “parent” as has been interpreted by the Act.

The CFSRB Can Only Review Formal Complaints Made to a Society that comply with the Regulation

10The third box checked by the Applicant relates to a refusal by the Respondent to proceed with the Applicant’s complaint.

11Subsection 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 when the complaint is in the required format.

12The Applicant filed with his Application a complaint letter. The Applicant did not file or provide information in his Application to support that he made a complaint to the Respondent in the form required by the Regulation.

13As such, the CFSRB lacks jurisdiction to review whether the Society refused to proceed with the Applicant’s complaint.

ORDER

16The Application is dismissed.

confidentiality order

5Pursuant 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.