JV v. The Children’s Aid Society of the Regional Municipality of Halton, 2024 CFSRB 45

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

JV

Applicant

-and-

The Children’s Aid Society of the Regional Municipality of Halton

Respondent

DECISION

Adjudicator: Tamara Jordan Date: April 22, 2024 Citation: 2024 CFSRB 45 Indexed As: JV v The Children’s Aid Society of the Regional Municipality of Halton (CYFSA s.120)

INTRODUCTION AND BACKGROUND

1This is an Application 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”).

2The Applicant is the father of the child, K (the “Child”).

3The Applicant states that he reported concerns to the Respondent about the safety of the Child in the home of other caregivers. The Applicant complains that Respondent workers have not followed up with him in a timely way about his report and they have not provided him with an update related to the investigation of his concerns.

4In paragraph 6 of the Application, where an applicant identifies why they have applied to the CFSRB, the Applicant checked off the box, “[t]he Society did not follow its complaint review process or timelines”.

5In paragraph 7 of the Application, where an applicant is asked to confirm whether they have complained in writing to the society about the matter, the Applicant checked “no”.

6This decision explains why the Application is not eligible for review by the CFSRB.

ANALYSIS

7Subsection 119(1) of the Act states that 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”.

8Section 56 of Ontario Regulation 156/18 specifies that a complaint under subsection 119(1) of the Act must be made by completing a form entitled, “Formal Complaint to a Society’s Internal Complaints Review Panel (ICRP)” and that this form is available on a website of the Government of Ontario.

9Subsection 120(1) of the Act allows an applicant to make certain complaints directly to the CFSRB, or before a society’s formal complaint review procedure is completed. However, when an applicant alleges that a “society did not follow its complaint review process or timelines”, the applicant must first demonstrate that they made a complaint to the society using the appropriate form described above.

10In this Application, the Applicant indicated in paragraph 6 that he was applying to the CFSRB because the Respondent “did not follow its complaint review process or timelines”. However, the Applicant indicated in paragraph 7 that he has not made a written complaint to the Respondent relating to his concerns, so there would be no complaint filed in the required format.

11Thus, as the Applicant has not made a complaint to the Respondent in the required form, the CFSRB cannot review the Application.

ORDER

12The Application is dismissed.

CONFIDENTIALITY ORDER

13Pursuant 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.