CDM v. Durham Children's Aid Society, 2019 CFSRB 1

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

CDM

Applicant

-and-

Durham Children’s Aid Society

Respondent

DECISION

Adjudicator: Catherine Bickley Date: January 14, 2019 Citation: 2019 CFSRB 1 Indexed as: CDM v Durham Children’s Aid Society (CYFSA s.120)

INTRODUCTION

1On January 10, 2019, the Applicant filed this Application with the Child and Family Services Review Board (“CFSRB”) pursuant to section 120 of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1, (the “Act”).

BACKGROUND

2The Applicant is the aunt of a child, BD. Recently, the Applicant’s mother (BD’s grandmother) and BD lived with the Applicant and the Applicant’s roommates.

3The Applicant states that the Applicant’s mother promised to share joint custody of BD with the Applicant then changed her mind.

4The Applicant felt that the Applicant’s mother neglected and verbally and emotionally abused BD. The Applicant reported these concerns to the Respondent but feels that her concerns were “not given due consideration” by the Respondent.

5The Applicant also believes that BD’s child protection worker directed that the Applicant and her roommate were not to be alone with BD or in a caregiving role with her. When the Applicant complained about this direction she did not receive a response from the child protection worker.

THE LAW

6Section 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.

ANALYSIS

7For a complaint to be eligible for review 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.

8Any dispute between the Applicant and her mother about custody of BD is outside the CFSRB’s jurisdiction. The courts have jurisdiction over disputes about custody of a child.

9The Applicant reported her concerns about her niece’s wellbeing to the Respondent and is not satisfied with the Respondent’s response. She herself has not sought or received services from the Respondent.

10For these reasons, this Application is ineligible for review by the CFSRB.

ORDER

11The Application is dismissed.

CONFIDENTIALITY ORDER

12Pursuant 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.