LM v. Simcoe Muskoka Child Youth and Family Services, 2024 CFSRB 17

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

LM Applicant

-and-

Simcoe Muskoka Child Youth and Family Services Respondent

DECISION

Adjudicator: Christina Budweth Date: February 20, 2024 Citation: 2024 CFSRB 17 Indexed As: LM v Simcoe Muskoka Child Youth and Family Services (CYFSA s.120)

APPEARANCES

LM, Applicant LM, Self-represented

Simcoe Muskoka Child Youth and Family Services, Respondent Karen O’Keefe, Counsel

Introduction

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

2This decision considers the Applicant’s allegation that the Respondent did not comply with the terms of a December 1, 2023 Settlement Agreement (“the Agreement”).

background

3The Application contained allegations that the Applicant was not given an opportunity to be heard regarding a complaint she made about concerns of inappropriate interactions between her child B and the child’s stepbrother. The Applicant further alleged that she was not provide with reasons why the Respondent’s file was closed within one month of receiving and investigating the complaint. The Applicant also alleged the Respondent had provided inaccurate information to the Superior Court resulting in an endorsement dated May 19, 2022. The Applicant alleged that she had not been provided with a copy of the information which affected the endorsement.

4The Application was resolved through mediation by way of the Agreement on December 1, 2023. The Agreement was attached as a Schedule to the CFSRB’s Pre-Hearing/Mediation Report provided to the parties.

5The Agreement consisted of four terms which the parties were to fulfil on or before December 29, 2023. The Applicant alleged that the Respondent failed to comply with term one of the Agreement which provided that “On or before December 29, 2023, the Respondent shall provide to the Applicant a detailed letter setting out the reasons for its decisions about closing complaints made by the Applicant regarding daughter B’s well being throughout its investigative process. In particular, but not limited to, the Applicant is concerned to understand what if any information the Respondent provided to the Superior Court resulting in an endorsement dated May 19, 2022. Additionally, the Applicant does not understand the status of her daughter’s attendance in a counselling program and the Respondent will provide the Applicant with the status of that program and the basis upon which decisions regarding the child B’s Attendance in the counselling have been made.”

6By letter dated December 28, 2023, four pages in length, the Respondent addressed the matters in term one of the Agreement under the headings: 1a. Society to provide reasons for its decisions about closing complaints made by the Applicant regarding her daughter B’s well being throughout its investigative process; 1b. In particular, but not limited to, the Applicant is concerned to understand what if any information the Respondent provided to the Superior Court resulting in an endorsement dated May 2022; 1c. The Respondent will provide the Applicant with the status of that program and the basis upon which decisions regarding the child B’s attendance in counselling have been made.

7There is no allegation that the other three terms were not complied with.

8The Applicant advised the CFSRB that the Respondent’s response was insufficient by emails dated January 3, 2024 and January 11, 2024. The CFSRB schedule a non-compliance hearing which was held on February 15, 2024 by videoconference.

9Regarding item 1b, the Respondent’s December 28th response to the Applicant was not in compliance with the Agreement. The Respondent’s response was that it was not involved with the family in May of 2022 and that it had not provided any material to the court either through counsel or its own employees. During the non-compliance hearing it became evident that this position was incorrect. Immediately upon being advised of this error counsel for the Respondent advised its staff to find the material about which the Applicant was concerned. The material was found and provided to the Applicant during the hearing.

10During the non-compliance hearing, the Applicant expressed serious concerns about the fact that the child B continued to reside with her father and her stepbrother. The Applicant forcefully and emotionally expressed serious concerns about this living arrangement and expressed her view that the issues leading to the inappropriate sexual engagement between the two had not been resolved.

11Regarding items 1(a) and (c), the information provided by the Respondent was detailed. The response contained information about counselling services and agencies made available to the Applicant and B. The response also contained detailed information about a December 2023 meeting between B and a child protection worker employed by the Respondent during which the two discussed B’s living situation and issues surrounding her comfort and safety while living with her father.

ANALYSIS

12In deciding whether the Respondent has complied with the terms of the Agreement, I have considered the Applicant’s emails of January 3 and 11, 2024, the Respondent’s letter of December 28, 2023 and the parties’ oral submissions of February 15, 2024.

13The Applicant’s letter of January 11, 2024 stated in part that she was concerned about “parental alienation that is currently taking place” in the context of the ongoing Superior Court family litigation. Her oral submissions made numerous references to this point and to her concern that she is unable to fully participate in court process due to lack of representation. The Applicant also repeatedly expressed her dissatisfaction at the fact that the Respondent had closed its file relating to B and her family despite the Applicant’s concern.

14The fact that the Applicant is not satisfied with the Respondent’s conclusions following its investigation of her complaint is distinct from whether the Respondent fulfilled its obligations under the Agreement.

15The Respondent’s information regarding points 1(a) and (c) was detailed and fully answered the issues detailed in the Agreement.

16The Respondent rectified its non-compliance regarding item 1(b) of the Agreement during the non-compliance hearing.

17While the Applicant has ongoing concerns about her relationship with B and B’s living environment and is concerned about ongoing family litigation, these issues are separate from whether the Respondent provided proper responses as required by the Agreement.

18I find that the Respondent has complied with the terms of the Agreement.

order

19The file is closed as settled.

confidentiality order

20Pursuant 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.