RW and JW v. Family and Children’s Services Niagara, 2019 CanLII 25889

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

RW and JW Applicants

-and-

Family and Children’s Services Niagara Respondent

DECISION

Adjudicator: Jennifer Scott Date: March 11, 2019 Indexed as: RW v Family and Children's Services Niagara (CYFSA s.120)

Introduction

1This is an Application filed under section 120 of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1 (the “Act”). The Child and Family Services Review Board (the “CFSRB”) received the Application on March 7, 2019.

2The Applicants are complaining about the placement of their great granddaughter with her paternal aunt. They are worried about their great granddaughter’s well-being in that placement. They complain further about the Respondent’s failure to monitor visits between their great granddaughter and her mother.

the law

3Section 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.

4Subsection 120(4) of the Act provides that,

The following matters may be reviewed by the [CFSRB] under this section:

1. 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).

2. Allegations that the society has failed to respond to the complainant’s complaint within the timeframe required by regulation.

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 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.”]

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

6. Such other matters as may be prescribed.

5For 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.

6There is no complaint in this Application about services sought or received by the Applicants from the Respondent. As such, the Application is not eligible for review by the CFSRB.

order

7The Application is dismissed.

confidentiality order

8Pursuant 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.