CHILD AND FAMILY SERVICES REVIEW BOARD
M.S.
v.
Sarnia-Lambton Children’s Aid Society
WRITTEN REVIEW
Indexed as: M.S. v. Sarnia-Lambton Children’s Aid Society (CFSA s.68)
INTRODUCTION
1The Child and Family Services Review Board (the “Board”) received an application from M.S. (the “Applicant”) on June 6, 2013 regarding a complaint against the Sarnia-Lambton Children’s Aid Society (the “Society”) pursuant to section 68.1 of the Child and Family Services Act R.S.O. 1990, c. C. 11, as amended (the “Act”).
2The Board has determined that an oral hearing is not required in this case as the Board has sufficient information before it to make its decision based on the written material filed. The issue for the Board is whether it has jurisdiction to hear the application.
3On June 18, 2013, the Board determined that the Applicant’s application was eligible to proceed to the next stage of the Board’s process: the receipt of the Society’s summary reply. The application was found eligible under section 68.1 (4) 4 which relates to the Applicant’s right to be heard by the Society and section 68. 1(4) 5 which relates to Applicant’s right to be given reasons for decisions that affect her interests.
4In his Application, the Applicant refers to an access order of the Court in which the Society was to arrange his access with his daughter. The Applicant’s complaint is that the Society is not enforcing their own court order and as such, the Applicant states that he has not seen his daughter.
5The Board received the Society’s summary reply to the application on June 13, 2013. It is the Society’s position that the Board lacks jurisdiction because the matter was decided by and is before the Court. The Board reviewed a copy of the order of Justice [ ], dated February 6, 2013 (‘access order’).
6Based on its review of the application and the Society’s summary reply and the court order, the Board has determined that it has no jurisdiction to hear the application. The reasons for this decision follow.
BACKGROUND
7The Applicant is the father of a daughter who was found in need of protection by the Court and placed in the care of her mother, under the supervision of the Society.
8The access order states that the Applicant “will have reasonable access to the child [ ] as arranged by the Sarnia Lambton Children’s Aid Society”.
9According to the Society’s summary reply, the mother is not complying with the access arrangements made by the Society. The matter comes before the court on July 31, 2013 for a status review and the Society encouraged the Applicant to seek counsel so that he could raise his concerns about access before the Court at that time.
ANALYSIS
10The Board has no jurisdiction to hear complaints if they involve matters that are before the Court or have been decided by the Court.
11Section 68. 1 (8) (a) of the Act provides that:
68.1
(8)
The Board shall not conduct a review of a complaint under this section if the subject of the complaint,
(a) is an issue that has been decided by the court or is before the court.
12The Court has made an order for access in the Applicant’s favour. The Applicant is a party to the child protection proceeding and the status review in that proceeding, coming up on July 31, 2013. The right of access is that of the Applicant and not the Society. The Applicant is the person in the position to enforce the access order and to seek enforcement of the order from the Court. The subject matter of the complaint is clearly the Applicant’s desire to have the access order enforced. That is a matter that is within the sole authority of the Court and which the Applicant must pursue in that forum.
CONCLUSION
13The Board has no jurisdiction to hear this application.
CONFIDENTIALITY ORDER
14Parties and their representatives must not use, share, discuss or disclose any Board documents or decisions or any other documents or information provided or used in this application with anyone including through the media or on-line. The Board prohibits the use of any of this information for any purpose outside of the Board’s proceedings.
Sheena Scott __________________________
Sheena Scott
Board Member
Dated at Toronto, Ontario on this 15th day of July, 2013.