N.Y. v. Windsor–Essex Children’s Aid Society, 2008 CFSRB 30

CHILD AND FAMILY SERVICES REVIEW BOARD

N.Y.

v.

Windsor–Essex Children’s Aid Society

REASONS FOR DECISION

WRITTEN REVIEW

Date: April 23, 2008

Citation: 2008 CFSRB 30

Indexed as: N.Y. v. Windsor–Essex CAS (CFSA s.68)

1The Child and Family Services Review Board (the “Board”) received the application for a review pursuant to section 68 and or section 68.1 of the Child and Family Services Act R.S.O. 1990, c. C.11 (the “Act”) on March 27, 2008.

2The Board contacted the Applicant by telephone and requested that he forward the two letters which he stated in his application that he had sent to the Windsor–Essex Children’s Aid Society (the “Society”). On April 8, 2008 the Applicant forwarded two letters, both dated December […], 2007 addressed to S.D. and C.M., who are employees of the Society, in which he complained about the actions of K.D., another Society employee.

3The Board upon review of the information which the Applicant submitted determined that his application is eligible for review pursuant to subsections 68.1(4)1 and 68.1(4)5 of the Act. The Society, although the Board had not yet determined eligibility, submitted a Summary Reply to the application which was received by the Board on April 8, 2008.

4After having decided that the Board may review the application, the Board has conducted a written review of the application and has decided to dismiss the application for the following reasons:

5The complaint to the Board is that the Society has refused to proceed with the Applicant’s complaint. The complaint to the Society, which was brought directly to the Board also appears to be that the Society did not provide the Applicant with reasons why K.D. needed to come to his home to meet with his family.

1. The complaint to the Board is that the Society has refused to proceed with the complaint.

The Society submitted copies of the correspondence sent to the Applicant after he had forwarded the initial complaint letter of December […], 2007. It is clear from the correspondence sent to the Applicant by the Society on January […], 2008, January […], 2008 and February […], 2008 that the Society made several efforts to contact him to address his complaints, however he has not responded. The Board finds that the Society did not refuse to proceed with the complaint and is actually awaiting a response from the Applicant before proceeding to the next step in their complaint review procedure. As such, the complaint to the Board that the Society has refused to proceed with the complaint, under subsection 68.1(4)1, is dismissed.

1. The Applicant has also chosen to bring the complaint that the Society did not provide him with reasons why staff from the Society would need to attend at his home to speak with his family, directly to the Board.

At the conclusion of a hearing to determine that the Society has failed to give reasons for a decision which affects one’s interests, the Board may, under section 68.1(4)7(d) of the Act, order the Society to provide the Applicant with written reasons for the decision.

The Society in the letter dated February […], 2008, has adequately explained why Society staff would need to meet with the Applicant and his family. The child, O., had disclosed to the principal at his school, that he was being inappropriately physically disciplined at home. This was reported to the Society by the principal, who has an obligation under the Act to report such allegations to the Society. After meeting privately with O. the Society determined that it would like to meet with the Applicant to discuss some concerns which it may have.

In light of this, the Board has determined that although the Society did not provide the Applicant with reasons for its decision to request a meeting with his family when he originally filed his complaint on December […], 2007, the Society did do so in its February […], 2008 letter, prior to the application to the Board. As the Society has already provided the Applicant with the reasons why it wants to meet with him and his family and it is the only remedy which the Board may provide, the complaint that the Society has failed to provide reasons for wanting to meet with the Applicant, made pursuant to subsection 68.1(4)5 of the Act, is dismissed.

Denyse Diaz

Vice Chair