S.P. v. York Region Children’s Aid Society, 2014 CFSRB 27

CHILD AND FAMILY SERVICES REVIEW BOARD

S.P.

v.

York Region Children’s Aid Society

REASONS FOR DECISION

Date: June 6, 2014

Citation: 2014 CFSRB 27

Indexed as: S.P. v. York Region Children’s Aid Society (CFSA s. 68)

INTRODUCTION

1The Child and Family Services Review Board (the “Board”) received an application made under section 68.1 of the Child and Family Services Act, R.S.O. 1990, c.C.11, as amended, (the “Act”) from the Applicant on February 14, 2014 regarding a complaint made to the York Region Children’s Aid Society (the “Society”) alleging a failure to provide reasons for decisions which affect the Applicant’s interests, and a failure to address inaccuracies in the file.

2On February 21, 2014, 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 subsection 68.1(4) 5 which relates to statutory compliance with the obligation to provide reasons for a decision that affects a complainant’s interests. The eligibility arose the Applicant’s complaints in her capacity as a foster mother.

3The Board received the Society’s Summary Reply to the application on March 4, 2014. The Society challenged the Board’s jurisdiction to hear this matter, on the basis that the Applicant’s complaints relate to alleged inaccuracies in the file, and she had not followed the statutory requirement to bring these concerns to the Society by way of the an Internal Complaints Review Panel (“ICRP”).

4Following a pre-hearing teleconference on March 28, 2014, the Board clarified that the Applicant’s application may also be eligible under subsections 68.1(4), (5) in her capacity as a parent.

5The Board received the Society’s second Summary Reply on April 7, 2014, challenging the characterisation of the eligibility findings on the basis that the Applicant’s complaints about the closure of the foster home do not arise from her capacity as a mother, and the complaints about the information contained in the file relate to alleged inaccuracies.

6On May 26, 2014, the Board held a hearing to determine if it has jurisdiction to conduct a hearing. For the reasons that follow, the Board finds that it has no jurisdiction to hear the complaints at this time. For the reasons that follow the Board dismisses the Application.

BACKGROUND

7The Applicant was a foster mother until October 1, 2014, when the Society advised her that the foster home would be closed. By way of a letter dated October 4, 2014, the Society provided reasons for that decision, which included recent incidents as well as historical information about the Applicant and her daughter.

8The Applicant alleges that the information outlined in the letter and contained in the file is inaccurate. She is also concerned that the information may have an impact on her life and on her daughter’s life. The Applicant also alleges that she was not provided with the opportunity to be heard before the decision was made to close the foster home.

ANALYSIS

9During the hearing both parties agreed that there are two matters before the Board: (a) whether the Applicant’s complaints about the closure of the foster home arise solely in her capacity as a foster mother, and whether she sought or received any services from the Society; and (b) what is the appropriate next step to deal with the Applicant’s concerns about inaccuracies in the file.

10The relevant legislative provisions under the Act are:

2(2) Service providers shall ensure,

(a)That children and their parents have an opportunity where appropriate to be heard and represented when decisions affecting their interests are made and to be heard when they have concerns about the services they are receiving.

37(1) In this Part

“parent” when used in reference to a child, means, each of

(a) the child’s mother,

but does not include a foster parent;

68(1) A person may make a complaint to a society relating to a service sought or received by that person from the society in accordance with the regulations.

68(1)(5) If a complaint relates to one of the following matters, the complainant may apply to the Board in accordance with the regulations for a review of the decision made by the society upon completion of the complaint review procedure:

1. An alleged inaccuracy in the society’s files or records regarding the complainant.

68.1(4) The following matters may be reviewed by the Board under this section:

(3) Allegations that the society has failed to comply with the complaint review procedure or with any other procedural requirements under this Act relating to the review of complaints.

(4) Allegations that the society failed to comply with clause 2(2)(a);

(5) Allegations that the society has failed to provide the complainant with reasons for a decision that affects the complainant’s interests.

11With respect to the complaints arising from the decision to close the foster home, the Board finds that these concerns arise solely from the Applicant’s role as a foster mother. The Board’s jurisdiction to hear complaints about individuals who do not fall within the definition of a parent in the Act is limited to individuals who have sought or received services from the Society. In this case the Applicant provided services but did not seek or receive any services from the Society. For that reason, the Board has no jurisdiction to hear that aspect of the Applicant’s complaint.

12The Board finds that the Applicant’s complaints about alleged inaccuracies in the file, and her concerns arising from the inaccuracies do relate to her role as a mother, as well as her role as a foster parent. However, before the Applicant can bring these concerns to the Board she must bring her concerns directly to the Society, by way of the ICRP process. The Applicant has yet to do so. For that reason, the Board has no jurisdiction to hear that aspect of the Applicant’s complaint at this time.

CONCLUSION

13The Application is dismissed.

CONFIDENTIALITY ORDER

14Pursuant to Rules 30.1 and 30.2 of the Board’s Rules of Procedure parties 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.

ANDREA HIMEL __________________________

Andrea Himel

Board Member