DB v. Linck - Child Youth & Family Services, 2024 CFSRB 14

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

DB Applicant

-and-

Linck - Child Youth & Family Services Respondent

DECISION

Adjudicator: Catherine Bickley Date: February 8, 2024 Citation: 2024 CFSRB 14 Indexed As: DB v Linck - Child Youth & Family Services (CYFSA s.120)

INTRODUCTION

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

2This decision explains why the CFSRB is dismissing the Application.

BACKGROUND

3The CFSRB found the Application eligible to proceed under sections 120(4)4 and 120(4)5 of the Act.

4The parties attended a Pre-Hearing/Mediation on January 25, 2024.

5The January 26, 2024 Pre-Hearing/Mediation Report (“the Report”) noted that it was unclear whether the Applicant intended to proceed further in the CFSRB’s process. The Report directed the Applicant to “advise the CFSRB in writing of their intentions regarding this matter no later than 5:00 p.m. Tuesday, January 30, 2024.”

6The Report warned that if the Applicant failed to contact the CFSRB as directed, the Application may be dismissed as abandoned.

7The Applicant did not contact the CFSRB on January 30, 2024 or at any time up to today.

8The Report was sent to the Applicant at the email address listed on the Application. It was not returned as undeliverable.

ANALYSIS

9The Applicant indicated at the January 25, 2024 Pre-Hearing/Mediation that she was not sure if she wished to proceed. The Report directed the Applicant to communicate her intentions to the CFSRB by no later than January 30, 2024 and warned that if she did not do so the Application may be dismissed as abandoned.

10The Report was sent to the email address provided to the CFSRB by the Applicant. It was not returned as undeliverable. I am satisfied that the Applicant received the Report.

11The Applicant has not communicated with the CFSRB at any time between January 26, 2024 and today’s date.

12I conclude that the Applicant has abandoned the Application. Accordingly, it must be dismissed.

ORDER

13The Application is dismissed.

CONFIDENTIALITY ORDER

14Pursuant 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 on-line. 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.