CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
KG
Applicant
-and-
Windsor-Essex Children’s Aid Society
Respondent
DECISION
Adjudicator: Marisha Roman
Indexed as: KG v Windsor-Essex Children’s Aid Society (CYFSA s.120)
INTRODUCTION
1This is an Application made under s.120(4) of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1, (the “Act”). The CFSRB received this Application on May 15, 2018.
BACKGROUND
2The Applicant is the maternal grandmother of J. J lives with her father, AP. The Applicant’s daughter, J’s mother, and AP, are no longer involved in a relationship.
3The Applicant has concerns about the Respondent’s file management practices and the accuracy of information included in J's file. The Applicant indicates that she acquired access to J’s file information through a court order as part of her application to seek custody of J.
4The Applicant is also concerned that one of the Respondent's staff has a conflict of interest in this matter. The staff member has a family relationship with AP's current partner.
THE LAW
5Section 120 of the Act provides that, if a person has “a complaint in respect of a service sought or received from a society [and the complaint] relates to a matter described in subsection (4), the person who sought or received the service may decide” to make a complaint to either the society or the CFSRB.
6Subsection 120(4) of the Act provides that,
The following matters may be reviewed by the [CFSRB] under this section:
Allegations that the society has refused to proceed with a complaint made by the complainant under subsection 119(1) as required under subsection 119(2).
Allegations that the society has failed to respond to the complainant’s complaint within the timeframe required by regulation.
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.
Allegations that the society has failed to comply with subsection 15(2) [which provides that “[s]ervice providers shall ensure that children and young persons and their parents have an opportunity 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.”]
Allegations that the society has failed to provide the complainant with reasons for a decision that affects the complainant’s interests.
Such other matters as may be prescribed.
ANALYSIS
7For a complaint to be eligible under section 120 of the Act, an applicant must be seeking or receiving services or have received services from a society and the complaint must relate to those services.
8Overall, the Applicant expresses concerns about the services that J and AP are receiving from the Respondent, including the identity of the staff providing those services, rather than services that she herself is seeking or receiving.
9For her concerns about the Respondent’s management of J's file and its content, the Applicant indicates that she received this file information through a current court proceeding and not as a result of a request for file disclosure made directly to the Respondent.
10As a result, her concerns fall outside the requirements of section 120(4) of the Act.
11This Application is not eligible for review by the CFSRB.
ORDER
12The Application is dismissed.
CONFIDENTIALITY ORDER
13Pursuant 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 on-line. 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.
Dated at Toronto, this 7th day of June, 2018.
Marisha Roman
Marisha Roman
Member