CHILD AND FAMILY SERVICES
REVIEW BOARD
BETWEEN:
DB
Applicant
-and-
Sarnia Lambton Children’s Aid Society
Respondent
DECISION
Adjudicator: Caroline Sand
Indexed As: DB v Sarnia Lambton Children’s Aid Society (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”).
2This decision explains why the Application is not eligible for review by the CFSRB.
the law
3Subsection 120(4) of the Act states:
The following matters may be reviewed by the Board under this section:
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).
Allegations that the society has failed to respond to the complainant’s complaint within the timeframe required by regulation.
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.
Allegations that the society has failed to comply with subsection 15(2).
Allegations that the society has failed to provide the complainant with reasons for a decision that affects the complainant’s interests.
Such other matters as may be prescribed.
4Subsection 15(2) of the Act states:
Service providers shall ensure that children and young persons and their parents have an opportunity to be heard and represented when decisions affecting their interests are made and to be heard when they have concerns about the services they are receiving.
analysis
5In paragraph 6 of the Application, where an applicant identifies why they have applied to the CFSRB, the Applicant checked off the following boxes:
The Society did not give you a chance to be heard when you raised your concerns.
The Society did not give you a chance to be heard when decisions that affected your interests were made.
The Society did not give you reasons for its decisions that affect your interests.
6The Applicant is the foster parent of the three children named in the Application. The Applicant explained that at a time when the three children were visiting their trusted connections, their “closest and longest relationship”, the Society embarked on an in person visit with their biological mother whom they had not seen in person in years. The Applicant conveyed that the Society did not adequately prepare the children, among several other concerns raised.
7The Applicant is the children’s foster parent, and as such, he is providing a service and not seeking or receiving a service. Section 120 of the Act covers complaints in respect of a service sought or received from a society.
8For the above reason, the CFSRB lacks jurisdiction to review the Application.
order
9The Application is dismissed.
confidentiality order
10Pursuant 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, April 15, 2024.
Caroline Sand
Caroline Sand
Vice-Chair