AF v. Family and Children’s Services Niagara, 2024 CFSRB 3

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

AF Applicant

-and-

Family and Children’s Services Niagara Respondent

DECISION

Adjudicator: Daniel McSweeney Date: January 16, 2024 Citation: 2024 CFSRB 3 Indexed As: AF v Family and Children’s Services Niagara (CYFSA s.119/120)

INTRODUCTION AND BACKGROUND

1This is a Complaint filed with the Child and Family Services Review Board (“CFSRB”) under sections 119 and 120 of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1 (the “Act”).

2After having reviewed the Complaint, I find that the CFSRB does not have jurisdiction to review it pursuant to sections 119 and 120 of the Act and Ontario Regulation 156/18.

3The Applicant is a kin care provider for a 2.5-year-old boy “the Child”. The Applicant is concerned with the level of communication and cooperation between her and the Respondent both in the time leading up to the kin placement as well as after the kin placement. The Applicant is concerned that the Respondent has not moved towards formalizing permanency for the Child since he was placed in her care in June of 2023. In addition, as there is no formal custody agreement, the Child is not eligible to be covered by the Applicant’s benefits.

THE LAW

4Section 120(4)4 of the Act indicates that the following matters may be reviewed by the Board:

1. Allegations that the society has refused to proceed with a complaint made by the complainant under subsection 119(1) as required under subsection 119(2)

2. Allegations that the society has failed to respond to the complainant’s complaint within the timeframe required by regulation

3. Allegations that the society has failed to comply with the complaint review procedure or with any other procedural requirements under this Act relating to the review of complaints

4. Allegations that the society has failed to comply with subsection 15(2)

5. Allegations that the society has failed to provide the complainant with reasons for a decision that affects the complainant’s interests

6. Such other matters as may be prescribed

ANALYSIS

5In response to Question 6 in the Application (why she was applying to the CFSRB), the Applicant indicated that the Respondent did not follow its complaint review process or timelines. This item refers to sections 120(4) 1 and 2 of the Act which also refer to section 119(1).

6Section 119(1) states: “A person may make a complaint to a society relating to a service sought or received by that person from the society in accordance with the regulations. Subsection 2 states: “Where a society receives a complaint under subsection (1), it shall deal with the complaint in accordance with the complaint review procedure established by regulation, subject to subsection 120(2).

7Ontario Regulation 156/18 at sections 56-64 provides the framework for making a complaint to a child protection agency through the Internal Complaints Review Panel (ICRP).

8Sections 56 and 57 in Ontario Regulation 156/18 (October 30, 2019) indicate: “A complaint to a society under subsection 119(1) of the Act must be made in the form entitled “Formal Complaint to a Society’s Internal Complaints Review Panel (ICRP)”. Within 7 days after receiving a complaint under subsection 119(1) of the Act, the society shall determine whether the complaint is eligible for review”.

9In terms of the CFSRB’s jurisdiction, the Applicant did not provide any evidence to the CFSRB that she had submitted her complaint on the prescribed Form specified in the Regulations (the ICRP process).

DECISION

10I find that the Applicant has not made a formal complaint pursuant to section 119 of the Act and Ontario Regulation 156/18. As such, the CFSRB does not have the jurisdiction to review the Application.

11The Application is therefore dismissed.

CONFIDENTIALITY ORDER

12Pursuant 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.