CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
JLM
Applicant
-and-
Hamilton Child and Family Supports
Respondent
DECISION
Adjudicator: Tamara Jordan
Indexed As: JLM v Hamilton Child and Family Supports (CYFSA s.120)
APPEARANCES
JLM, Applicant
No one appearing
Hamilton Child and Family Supports
David Sider, Legal Counsel
OVERVIEW
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”).
2The CFSRB found the Application eligible to proceed under sections 120(4) and (5) of the Act.
3The Application consists of the following complaints:
The Applicant alleges that the Respondent has not heard the Applicant’s concerns or provided reasons for decisions made by the Respondent relating to the following issues:
Respondent legal counsel’s sending of a letter dated January 19, 2024 to legal counsel for the father of the Applicant’s child, C;
The Respondent’s alleged failure to address the Applicant’s concerns about the father of C and his alleged harm of C;
Alleged conduct of some Respondent employees involved in the Applicant’s file;
The verification decision arising from the Respondent’s October 2023 investigation, including that the “mother’s limited caregiving skills places the child at risk of harm”; and
The alleged lack of documentation supporting the Respondent’s assessment of the Applicant’s parenting abilities and the steps required by the Applicant to address the Respondent’s concerns.
4On April 25, 2024, the CFSRB scheduled a pre-hearing videoconference in this Application for May 14, 2024 commencing at 9:30 a.m.
ISSUE
5The issue is:
a. Should the Application be dismissed as abandoned?
RESULT
6The Application is dismissed as abandoned.
ANALYSIS
The Applicant Did Not Attend the May 14, 2024 Pre-Hearing
7As part of the Notice of Video Conference Pre-Hearing emailed to the parties on April 25, 2024, the parties were instructed as follows:
All parties are expected to attend and participate in the pre-hearing…If a party does not attend the pre-hearing after receiving notice, it may proceed in their absence. If the Applicant does not attend after receiving notice, the Application may be dismissed as abandoned.
8On April 25, 2024, the Applicant accepted the CFSRB’s invitation to attend the May 14, 2024 pre-hearing videoconference.
9As the Applicant was not present at the start of the pre-hearing on May 14, 2024, at 9:35 a.m., the CFSRB emailed the Applicant informing her, “[t]he Pre-Hearing/Mediation has commenced at 9:30 a.m. today. Please advise if you will be attending”.
10Immediately after emailing the Applicant and again at 9:51 a.m., the CFSRB telephoned the Applicant and left voicemail messages informing her that the pre-hearing had commenced and requesting a call back or email confirming whether the Applicant would be attending.
11After waiting 30 minutes for the Applicant, the CFSRB invited the Respondent to make submissions relating to the Applicant’s failure to attend the pre-hearing. The Respondent submitted that it had provided a detailed response to the Applicant relating to her concerns and that given the Applicant’s decision not to attend the pre-hearing, the Respondent sought that the Application be dismissed. The CFSRB reserved its decision to dismiss the Application pending hearing from the Applicant and the pre-hearing was concluded at 10:00 a.m.
12At approximately 4:05 p.m. on May 14, 2024, in response to the CFSRB’s email that morning, the Applicant emailed the CFSRB stating, “I was under [t]he impression it was the 17th. I am so sorry”.
The Applicant did not Respond to the CFSRB’s May 16 Directions
13On May 16, 2024, the CFSRB emailed a Pre-Hearing Report to the parties summarizing the events of May 14, 2024 (“PHR”). At paragraph 9 of the PHR, the Applicant was directed to email the CFSRB, copying the Respondent, by no later than Friday, May 17, 2024 at 4:00 p.m. confirming:
a. whether she seeks to reschedule the pre-hearing or withdraw the Application; and
b. all possible dates in the next three weeks she is available for a full-day pre-hearing video conference, should she be seeking to reschedule the pre-hearing.
14At paragraph 10 of the PHR, the CFSRB notified the Applicant:
Should the Applicant fail to confirm with the CFSRB the required information in paragraphs 9(a) and 9(b) above by Friday, May 17, 2024 at 4:00 p.m., the CFSRB may dismiss the Application.
15The email to the Applicant on May 16, 2024 containing the PHR was not returned as undeliverable.
16The Applicant did not attend the May 14, 2024 pre-hearing despite accepting the invitation to attend on April 25, 2024.
17The Applicant did not respond to the directions of the CFSRB set out in the PHR to contact the CFSRB with specific information by May 17, 2024.
18The Applicant has not contacted the CFSRB since her email to the CFSRB on May 14, 2024.
19The CFSRB has provided the Applicant with notice on two occasions that the Application may be dismissed should she fail to participate or respond to the CFSRB.
20I conclude that the Applicant has abandoned her Application.
order
21The Application is dismissed as abandoned.
confidentiality order
22Pursuant 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, May 24, 2024.
Tamara Jordan
Tamara Jordan
Vice-Chair