AB v. Hamilton Child and Family Supports, 2025 CFSRB 9

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

AB Applicant

-and-

Hamilton Child and Family Supports Respondent

DECISION

Adjudicators: Donna A. Wowk Date: January 29, 2025 Citation: 2025 CFSRB 9 Indexed As: AB v Hamilton Child and Family Supports (CYFSA s.120)

APPEARANCES

AB, Self-Represented Applicants

Hamilton Child and Family Supports, David Sider, Chief Counsel Respondent

INTRODUCTION

1During the course of a mediation held on November 4, 2024, the Applicant and Hamilton Child and Family Supports (the Respondent) entered into a Final Settlement Agreement dated November 4, 2024 (“the Agreement”). The Agreement constituted a full settlement of all issues raised in the Application.

2The Agreement consisted of four terms. It had an implementation date of December 4, 2024, and a non-compliance date of December 14, 2024.

3The Applicant alleged that the Respondent was not compliant with Paragraphs 2 and 3 of the Agreement.

4The parties met via videoconference on January 20, 2025, to discuss the Applicant’s allegations of non-compliance by the Respondent with the Agreement.

5Paragraph 2 of the Agreement required the Respondent to use its best efforts to locate and provide the Applicant with the information it received from another service provider about the Applicant including the reason it has stopped using the Applicant’s foster home and information regarding the Applicant’s employment outside the home.

6The Applicant’s specific allegation of non-compliance by the Respondent with Paragraph 2 of the Agreement was that the Respondent had concluded an investigation it had conducted in relation to the Applicant as “unsubstantiated”. The Applicant wanted the Respondent to change its record to be clear that the allegation against her was false. I find that the Applicant’s request is for something not related to or required by Paragraph 2 of the Agreement and that the Respondent has complied with this term of the Agreement.

7Paragraph 3 of the Agreement required the Respondent to provide the Applicant with confirmation as to the number of youth it had placed in the emergency foster home named in the Agreement (“the foster home”) between May 14, 2023 and December 31, 2023.

8At the time the Agreement was reached, the Applicant had been clear that her intent was to use the letter to address issues related to payment for her services from the organization that had contracted those services.

9The Applicant’s allegations of non-compliance by the Respondent with Paragraph 3 of the Agreement was based on the following:

a. The Respondent had provided only one letter responding to all the terms of the Agreement as opposed to providing her with a separate letter providing the confirmation the Applicant required for her stated purpose;

b. In its letter, the Respondent had provided the total number of children but not the periods they had been placed in the emergency foster home;

c. The Applicant believed that more children had been placed in the emergency foster home than stated in the Respondent’s letter; and,

d. The Respondent’s letter included a confidentiality term that precluded the Applicant from using it for its stated purpose.

10The parties agreed that the Respondent would conduct a resource check to confirm the youth that had been placed in the emergency foster home for the period in question and would then provide the Applicant with a letter, not constrained by confidentiality, confirming the number of youth placed in the foster home including the periods each youth was in the placement.

ORDER

11The Respondent will conduct a resource check to confirm the number of youth that were placed in the foster home between May 14, 2023 and December 31, 2023. After conducting this resource check, the Respondent will provide the Applicant with a letter confirming the number of youth placed in the foster home between May 14, 2023 and December 31, 2023, including the period each youth was in the foster home. This letter will be provided to the Applicant on or before February 20, 2025 and will not include a confidentiality term constraining its use by the Applicant.

CONFIDENTIALITY ORDER

29Pursuant 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.