CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
TJD Applicant
-and-
Children’s Aid Society of Oxford County Respondent
DECISION
Adjudicator: Caroline Sand Date: December 23, 2024 Citation: 2024 CFSRB 156 Indexed As: TJD v Children’s Aid Society of Oxford County (CYFSA s.120)
INTRODUCTIOn
1This is an Application filed under section 120 of the Child, Youth and Family Service Act, 2017, S.O. 2017, c.14, Sched.1, (the “Act”).
2The Applicant is concerned about his daughter’s safety in the care of her mother and alleges that although he shared his concerns with the Respondent, it has not responded adequately.
3This decision explains why the Application is not eligible for review by the CFSRB.
ANALYSIS
4In paragraph 6 of the Application, where an applicant identifies why they have applied to the CFSRB, the Applicant checked off only the following box:
- The Society did not follow its complaint review process or timelines.
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 his Application to support that he made a complaint to the Respondent in the form required by the Regulation.
7As such, the CFSRB lacks jurisdiction to review whether the Society did not follow its complaint review process or timelines.
ORDER
8The 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.
Dated at Toronto, December 23, 2024.
Caroline Sand
Caroline Sand
Vice-Chair