JP v. Dnaagdawenmag Binnoojiiyag Child and Family Services, 2025 CFSRB 33

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

JP Applicant

-and-

Dnaagdawenmag Binnoojiiyag Child and Family Services Respondent

DECISION

Adjudicator: Caroline Sand Date: March 11, 2025 Citation: 2025 CFSRB 33 Indexed As: JP v Dnaagdawenmag Binnoojiiyag Child and Family Services (CYFSA s.120)

Introduction

1This is an Application filed under section 120 of the Child and Family Services Review Board, 2017, S.O. 2017, c.14, Sched. 1, (the “Act”).

2The Applicant filed this Application because of his profound concern for the safety and wellbeing of his two nephews and niece. The Application describes that he has communicated his concerns to the Respondent numerous times because he is worried about these three children. He alleges that the Respondent has not provided any significant follow up or action to his concerns. As a result, the Applicant is deeply concerned that the children are at risk of serious harm.

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

ANALYSIS

4The CFSRB’s jurisdiction to review applications is set out in section 120 of the Act. If an Application does not fit within the criteria set out in section 120, it is not within the jurisdiction of the CFSRB to review.

5In 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 did not give you a chance to be heard when you raised your concerns.
• The Society did not give you a chance to be heard when decisions that affected your interests were made.
• The Society refused to proceed with your complaint.
• The Society did not follow its complaint review process or timelines.

The CFSRB Cannot Review Complaints about Not Being Heard if the Applicant is not a Parent or a Child

6The first two of the boxes checked by the Applicant relate to the right to be heard.

7Subsection 15(2) of the Act states:

Service providers shall ensure that children and young persons and their parents have an opportunity to be heard and represented when decisions affecting their interests are made and to be heard when they have concerns about the services they are receiving.

8Subsection 15(2) of the Act limits the right to be heard to “children and young persons and their parents.”

9The Applicant is the children’s uncle. The CFSRB is limited to reviewing only those complaints made by children and young persons “and their parents.” As such, the CFSRB does not have the jurisdiction to review the Applicant’s complaints about not being heard by the Respondent.

The CFSRB Can Only Review Formal Complaints Made to a Society that Comply with the Regulation

10Subsection 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. This includes the filing of a specific “Formal Complaint to a Society’s Internal Complaints Review Panel (“ICRP”) form, available on the website of the Ministry of Children, Community and Social Services.

11At paragraph 7 of the Application, the Applicant indicated that he complained to the Society in writing, and that he attached a copy of the complaint letter. Indeed, a thorough letter of complaint was attached to the Application. The Applicant also attached a copy of a completed Service Complaint Form that appeared to be part of a brochure provided by the Respondent. However, these complaints were not in the format required as set out in paragraph 10 above.

12As such, the CFSRB also 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

13The Application is dismissed.

CONFIDENTIALITY ORDER

14Pursuant 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.