MB v. Children’s Aid Society of Stormont Dundas & Glengarry (SDG), 2024 CFSRB 114

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

MB Applicant

-and-

Children’s Aid Society of Stormont Dundas & Glengarry (SDG) Respondent

DECISION

Adjudicator: Caroline Sand Date: October 25, 2024 Citation: 2024 CFSRB 114 Indexed As: MB v Children’s Aid Society of Stormont Dundas & Glengarry (SDG) (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 obtained her file from the society, dating back to her childhood. She is disappointed by the degree to which it has been redacted. She is also concerned about the communication her former society worker has had with her.

3This decision explains why the Application is not eligible for review by the CFSRB.

ANALYSIS

4In 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

5Subsection 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, namely, Section 56 of Ontario Regulation 156/18 General Matters Under the Authority of the Minister. 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.

6The 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.

7As such, the CFSRB lacks jurisdiction to review whether the Society refused to proceed with the Applicant’s complaint.

8Moreover, the CFSRB does not have jurisdiction over issues related to personal information. Under Part X of the Act, the Information and Privacy Commissioner of Ontario has that jurisdiction.

ORDER

9The Application is dismissed.

confidentiality order

10Pursuant 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.