RA v. Children’s Aid Society of Toronto, 2019 CFSRB 45

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

RA Applicant

-and-

Children’s Aid Society of Toronto Respondent

DECISION

Adjudicator: Catherine Bickley Date: August 21, 2019 Citation: 2019 CFSRB 45 Indexed As: RA v Children’s Aid Society of Toronto (CYFSA s. 120)

background

1On August 15, 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”).

2The Applicant alleges that the Respondent “did not follow its complaint review process or timelines”. She describes many concerns about the experiences she and her spouse had during custody and access proceedings before the Ontario Court of Justice regarding her two grandchildren. She is also concerned about the involvement of the Respondent with her son and grandchildren.

3The Application is ineligible for review by the CRSRB for three reasons. First, the Applicant is not a person who has sought or received services from the Respondent. Second, the Applicant has not filed a written complaint with the Respondent. Third, the Application is about matters that have been decided by the court and thus are outside the CFSRB’s jurisdiction. These reasons are explained in more detail below.

the law

4Subsection 119 (1) of the Act states that a complaint to a children’s aid society must be made “in accordance with the regulations”. Section 56 of O.Reg. 156/18 requires that complaints be made in writing using a particular form.

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(8)(a) of the Act states:

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.

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. The Applicant has concerns about the way the Respondent has treated her son and two grandchildren. However, she herself has not sought or received services from the Respondent.

8As noted above, complaints to a children’s aid society must be made in writing on the appropriate form. The Application states that the Applicant has not made a complaint to the Respondent in writing. The CFSRB can only review issues about complaints made in accordance with subsection 119(1) of the Act and the regulations.

9The CFSRB is not permitted to review Applications where the subject matter has been decided by the court or is before the court. The October 4, 2016 and June 20, 2019 court orders filed with the Application specifically deal with the issue of the grandparents’ access to the grandchildren. The Applicant and her spouse were parties to those proceedings.

10Much of the Application consists of complaints of unfairness in the court proceedings, including the amount of costs awarded against the Applicant and her spouse. The CFSRB does not have any jurisdiction to review perceived unfairness in court proceedings.

11For all these reasons, this Application is ineligible 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.