Nancy Helen Guatto

The applicant filed a complaint with the Child and Family Services Review Board alleging that the respondent society failed to hear his concerns and provide reasons for decisions affecting his interests.

The respondent argued that the CFSRB lacked jurisdiction under s. 120(8) of the Child, Youth and Family Services Act, 2017, as the matters were currently before the court.

The adjudicator found that the issues in the complaint focused on service-related matters and interactions with the respondent's worker, which occurred after the court proceedings and were separate from the custody and access issues before the court.

The CFSRB determined it had jurisdiction to proceed with the review.

The appellant mother appealed a summary judgment order finding her nine-year-old child in need of protection and granting Crown wardship with access.

The child had been apprehended five times due to the mother's serious mental health decompensations and lack of a viable safety plan.

The Divisional Court upheld the motions judge's finding that the predictable interruptions in care caused a risk of emotional harm to the child.

Finding no reviewable errors of fact or law, the court dismissed the appeal.

The Children and Family Services of York Region (Society) withdrew a protection application.

The parents (respondents in the protection proceedings) sought costs against the Society, alleging failures in investigation, reassessment, and fair conduct, particularly regarding disclosure delays and the Society's failure to obtain critical records.

The court found that while the Society's initial decision to apprehend was reasonable given concurrent criminal charges and interviews, there were inexcusable delays in disclosure and non-compliance with court orders.

The court awarded the parents $1,373.47 in costs, comprising $1,000 for disclosure failures and $373.47 for the cost of obtaining the Children's Aid Society of Toronto (CAST) file.