RK v. Dnaagdawenmag Binnoojiiyag Child & Family Services, 2025 ONCFSRB 43

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

RK Applicant

-and-

Dnaagdawenmag Binnoojiiyag Child & Family Services Respondent

DECISION

Adjudicator: Tracy Foster Date: April 04, 2025 Citation: 2025 CFSRB 43 Indexed As: RK v Dnaagdawenmag Binnoojiiyag Child & Family Services (CYFSA s.120)

WRITTEN SUBMISSIONS

RK, Applicant Self-Represented

Dnaagdawenmag Binnoojiiyag Child & Family Services Thomas Milne, 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 (“Act”).

2At the March 11, 2024 pre-hearing, the parties agreed to mediation and reached a settlement of the Application. The Settlement Agreement (“the Agreement”) is comprised of two main terms. Term 1 has three parts (i.e., Terms 1a, b, and c). The Agreement includes an implementation date of March 18, 2025, and a non-compliance date of March 25, 2025.

3The Respondent sent a letter to the Applicant on March 19, 2025 (“March 19 Letter”) in response to the Agreement. On the same day, the Applicant emailed the Respondent (“March 19 Email”), copying the CFSRB, questioning a date noted relating to Term 1c in the Respondent’s March 19 Letter. The Respondent responded on the same day, acknowledging the error, with a revised copy of the it’s March 19 Letter reflecting the correct date for that Term.

4On March 24, 2025, the Applicant sent an email to the Respondent, copying the CFSRB (“March 24 Email”), relating to Term 1a and Term 2 of the Agreement.

5From the Applicant’s March 24 Email, she is alleging that the Respondent has not complied with Terms 1a and 2 of the Agreement.

6Based on the correspondence provided to the CFSRB by the Respondent and the Applicant I found that I could decide the issue of non-compliance in writing, without a further videoconference. A review in writing is an efficient and expeditious approach when no additional evidence is needed for me to decide the matter.

ISSUE

7Has the Respondent complied with Terms 1a and 2 of the Agreement?

RESULT

8The CFSRB finds that the Respondent has complied with Terms 1a and 2 of the Agreement. As such, the Application is closed as settled.

ANALYSIS

Term 1a

9Term 1a of the Agreement sets out that the Respondent shall provide the Applicant with reasons in writing in response to the following question:

Between October 2023 and January 2024, the Applicant alleges the Respondent investigated her former partner regarding to allegations of substance use, domestic violence and him being under the influence while caring for their children. The Applicant wants to know if these allegations were investigated and if a home visit was conducted with her partner, where she states her children were living, and if not, why?

10The Respondent’s March 19 Letter states that the Respondent investigated the allegations and on November 1, 2023, met with the Applicant’s former partner at his home where the children resided to discuss and assess the protection concerns that were raised. In its response, the Respondent also notes, “The Applicant’s former partner was very open and honest about the historical concerns that were raised as well as cooperative with [the Respondent].”

11In the Applicant’s March 24 Email, she took issue with the Respondent describing her former partner’s response as “open and honest.” In her email, the Applicant states the Respondent would not have the ability to come to the conclusion that [her former partner] was being “open and honest” from a single conversation, and she believes that had he been honest, the Respondent would have verified her concerns. The Applicant requested the Respondent reword its response.

12While the Applicant rejects the Respondent’s characterization of her former partner as “open and honest” during the Respondent’s home visit with him on November 1, 2023, the Respondent has answered the question in Term 1a. I find that the Respondent has thus complied with its obligations under this Term.

Term 2

13Term 2 of the Agreement is:

On or before March 18, 2025, the Respondent shall facilitate a disclosure request for the Applicant’s CPIN file. The Respondent shall confirm by email to the Applicant that the request has been made.

14The Respondent’s March 19 Letter confirms, “[D]isclosure request has been submitted and is in the queue.”

15In her February 24 Email, the Applicant states, “I still have not received my CPIN notes.”

16The Respondent confirmed in its response it has requested disclosure which is “in the queue.” Therefore, I find that the Respondent has complied with this Term.

SUMMARY

17Having found that the Respondent has complied with the disputed terms of the Agreement, the Application must now be closed.

ORDER

18The Application is closed as settled.

CONFIDENTIALITY ORDER

19Pursuant 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.