CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
NL
Applicant
-and-
Family and Children’s Services of Lanark, Leeds and Grenville
Respondent
DECISION
Adjudicator: Christine Staley
Indexed As: NL v Family and Children’s Services of Lanark, Leeds and Grenville
(CYFSA s.120)
WRITTEN SUBMISSIONS
NL, Applicant
Self-represented
Family and Children’s Services of Lanark, Leeds and Grenville, Respondent
Nyasha Size, Counsel
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 is the mother of five children (the children).
3The CFSRB has concluded that the following allegation is eligible to proceed:
- The Applicant was not given the opportunity to be heard and represented when decisions affecting his/her interests were made, or a chance to be heard when he/she raised concerns about the services he/she is receiving.
4In response to the Application, the Respondent argued that the CFSRB did not have jurisdiction to review the Complaint as the issues/concerns in it were before the court. The Respondent initiated a Child Protection Application in May, 2024.
5The Respondent provided the following documents:
Child Protection Application dated May 24, 2024
Court Endorsement dated June 5, 2024
6In a Case Management Direction dated June 14, 2024, the Applicant was directed to provide written submissions on whether the issues in the Complaint were separate and different from the substantive issues before the Court.
7The Applicant provided written submissions on June 17, 2024. The Applicant submitted that they have requested a change in service worker and have not received a satisfactory response to their request.
8In response, the Respondent provided a letter given to the Applicant on June 24, 2024 which summarized a meeting between the Applicant and Respondent. The letter addressed many of the concerns in the Application. The letter also confirmed that a change of service worker would take place which would address the Applicant’s submission of June 17, 2024.
9On July 22, 2024, the Applicant confirmed that they would like to continue with the Application on the ground that they have not been heard on why the Respondent is questioning and/or identifying someone as a “a danger” to the children.
10Section 120(8)(a) of the Act states: The Board shall not conduct a review of a complaint under this section if the subject of the complaint, (a) is an issue that has been decided by the court or is before the court.
11The Ontario Court of Appeal ruled in Children’s Aid Society of Waterloo v. DD, 2011 ONCA 441 that the mere existence of child protection proceedings does not bar the CFSRB from reviewing complaints about services received from a children’s aid society if the complaints are separate and different from the substantive issues before the court.
12Rule 21.2 of the CFSRB’s Rules of Procedures requires a children’s aid society relying on section 120(8)(a) of the Act to provide “all relevant documents and any orders”.
analysis
13The Child Protection Application and the Court Endorsement addressed issues related to placing the children in the care of the Applicant and supervised access to the Applicant’s husband. The Endorsement sets out terms and conditions for the placement and supervised access of the children.
14I find that the remaining complaint in the Applicant brought to the CFSRB does not relate to the Child Protection Application or the Court Endorsement. Rather, the remaining complaint in the Application relates to the Respondent’s failure to hear her concerns on questioning and/or identifying someone the Applicant was seen with as a danger to the children.
order
15Application CA24-0083 shall proceed to be reviewed by the CFSRB on the concern outlined below:
- The Applicant alleges that their concerns and have not been heard by the Respondent on questioning and/or identifying a person as “a danger” to the children.
confidentiality order
16Pursuant 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 Mississauga, September 09, 2024.
Christine Staley
Christine Staley
Member