CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
KM
Applicant
-and-
The Children’s Aid Society of Toronto
Respondent
DECISION
Adjudicator: Caroline Sand
Date: February 04, 2025
Citation: 2025 CFSRB 11
Indexed As: KM v The Children’s Aid Society of Toronto (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 this Application because of her “profound loss of trust in government systems and employees.” She makes allegations against the Respondent’s conduct relating to incidents involving access visits, court attendance, and at a correctional facility.
3This decision explains why the Application is not eligible for review by the CFSRB.
ANALYSIS
4In 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 refused to proceed with your complaint.
- The Society did not follow its complaint review process or timelines.
The CFSRB Can Only Review Formal Complaints Made to a Society that Comply with the Regulation
5Subsection 119(2) of the Act requires that a complaint to a children’s aid society be made in the format set out in the Regulation, namely, Section 56 of Ontario Regulation 156/18 General Matters Under the Authority of the Minister. This includes the filing of a specific “Formal Complaint to a Society’s Internal Complaints Review Panel (“ICRP”) form. Subsections 120(4) 1, 120(4)2 and 120(4)3 of the Act permit the CFSRB to review the way a 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.
6The Applicant acknowledged at paragraph 7 of her Application that she did not complain to the Society in writing, but did so verbally. The Applicant’s complaint to the Respondent therefore was not in the form required by the Regulation.
7As such, the CFSRB lacks jurisdiction to review whether the Society refused to proceed with the Applicant’s complaint, and whether it followed its complaint review process and timelines.
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, February 04, 2025.
Caroline Sand
Caroline Sand
Vice-Chair