CG v. North Eastern Ontario Family and Children’s Services, 2024 CFSRB 144

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

CG Applicant

-and-

North Eastern Ontario Family and Children’s Services Respondent

INTERIM DECISION

Adjudicator: Christine Staley Date: December 02, 2024 Citation: 2024 CFSRB 144 Indexed As: CG v North Eastern Ontario Family and Children’s Services (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 Child and Family Services Review Board (“CFSRB”) found the Application eligible to proceed under section 120(4)5 of the Act.

3In its Response dated September 9, 2024, the Respondent submitted that the Application was not eligible to proceed because the matter was outside of the jurisdiction of the CFSRB, specifically, that the Applicant had not sought or received services.

4A Case Management Direction dated October 28, 2024, directed the Applicant to make written submissions by November 8, 2024, on the question of whether the Applicant sought of received services from the society. The Respondent was to provide a Reply by November 15, 2024.

ISSUES

5The issue is:

a. did the Applicant seek or receive services from the Respondent?

RESULT

6Having reviewed the submissions and documents presented, I find that the Applicant sought and received services from the Respondent. As a result, the CFSRB has jurisdiction to review the Application as it relates to adoption services.

ISSUE

A. The Applicant sought and received adoption services from the Respondent.

7Under section 120(1) of the Act, the CFSRB may review matters where a complainant has sought or received a service, as defined under the Act, from a children’s aid society.

8The Applicant submits that as a foster and prospective adoptive parent, they have sought and received services. The Respondent submits that at all material times, the Applicant was a provider, not a service recipient.

9Subsection 2(1) of the Act defines “foster care” as “the provision of residential care to a child, by and in the home of a person who...receives compensation for caring for the child”. Generally, the CFSRB has found that foster parents provide a service, rather than seek or receive the service. The CFSRB has found, however, that foster parents may be in receipt of services if they have been subject to a child protection investigation.

10There is no information in the Application that indicates that the Applicant was subject to a child protection investigation by the Respondent. As such, I find that the Applicant did not seek or receive services as a foster parent.

11The Applicant has also submitted that she has sought and received services as a prospective adoptive parent, which I find persuasive for two reasons: a) the Applicant had an open and approved file for adoption with the Respondent; and b) the Respondent has assessed the Applicant’s complaint as being one about services sought and received as they had deemed the Applicant’s complaint eligible for an ICRP.

12Subsection 2(1)(e) of the Act defines “service” as including “a service related to adoption for a child, the child’s family or others”.

13The Respondent’s Adoption Worker confirmed in an email dated November 5, 2024, that the Applicant’s adoption file was opened on May 25, 2023, and approved April 4, 2024. The Applicant has also submitted as evidence the SAFE Update Report completed on April 8, 2024, which provided a recommendation that the Applicant remain approved for adoption.

14The Applicant had been providing relief for foster parents of a seven-month-old child for two to three days per week. The Applicant alleges that she became aware that she had been presented as a suitable family match for the child during a selection meeting held by the Respondent, where she was ultimately not selected. The Applicant alleges that she was not told that her name was being offered and was not provided reasons for why she was not selected.

15Under section 119(1) the Act, a person may make a complaint to a society relating to a service sought or received by that person. Under section 57 of Ontario Regulation 156/18: General Matters under the Authority of the Minister (the “Regulation”), the society shall determine whether the complaint is eligible for review.

16In this matter, the Applicant submitted a formal complaint for review to the Respondent’s Internal Complaints Review Panel (“ICRP”) on May 30, 2024. The complaint was deemed eligible for an ICRP on June 4, 2024. The Respondent engaged in the ICRP process with the Applicant and assumed jurisdiction over the complaint. The ICRP held a meeting with the Applicant on June 17, 2024, and provided a written summary of the meeting on June 24, 2024.

17Further, the June 24, 2024, letter from the ICRP stated:

“There are other mechanisms available to you to pursue your complaint if you are not satisfied with the ICRP process…you may also pursue your complaint through the Child and Family Services Review Board (CFSRB)...”

18The Respondent found the complaint eligible pursuant to the Act and the Regulation, meaning, they deemed the Applicant to have sought or received a service. The Respondent should not now be permitted to argue that there was no service. I therefore find that the Applicant had sought and received services related to adoptions under subsection 2(1)(e) of the Act.

CONCLUSION

19For the reasons set out above, I find that the CFSRB has jurisdiction to review the matter with respect to services sought and received as it relates to adoption services.

ORDER

20The Application is upheld.

CONFIDENTIALITY ORDER

21Pursuant 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.