RT v Kawartha-Haliburton Children’s Aid Society, 2024 CFSRB 79

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

RT

Applicant

-and-

Kawartha-Haliburton Children’s Aid Society

Respondent

DECISION

Adjudicator: Caroline Sand

Date: July 19, 2024

Citation: 2024 CFSRB 79

Indexed As: RT v Kawartha-Haliburton 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”).

2The Applicant filed a complaint with the Board indicating that the Society refused to proceed with his complaint.

3This decision explains why the Application is not eligible for review by the CFSRB.

the law

4Section 119(1) of the Act 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.

5Section 120(1) of the Act states:

If a complaint in respect of a service sought or received from a society relates to a matter described in subsection (4), the person who sought or received the service may,

(a) decide not to make the complaint to the society under section 119 and make the complaint directly to the Board under this section; or

(b) where the person first makes the complaint to the society under section 119, submit the complaint to the Board before the society’s complaint review procedure is completed.

6Section 56 of Ontario Regulation 156/18 General Matters Under the Authority of the Minister (the “Regulation”) states:

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)” and dated 2020/11, available on a website of the Government of Ontario.

analysis

7In Paragraph 6 of the Application, where an applicant identifies why they have applied to the CFSRB, the Applicant checked off the following box:

• The Society refused to proceed with your complaint.

8The box checked by the Applicant relates to a refusal by the Respondent to proceed with the Applicant’s complaint.

9Section 119(2) of the Act requires complaints to a children’s aid society be in the specific format set out in the Regulation, i.e., on the “Formal Complaint to a Society’s Internal Complaints Review Panel (ICRP)” form. Sections 120(4)1, 120(4)2 and 120(4)3 of the Act permit a CFSRB review of the way in which the children’s aid society has dealt with a section 119 complaint only if the complaint to the children’s aid society is in the required format.

10The Applicant did not file or provide information in his Application to support that he made a complaint to the Respondent in the form required by the Regulation.

11For the above reason, the CFSRB lacks jurisdiction to 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.