LB v. Tikinagan Child and Family Services, 2019 CFSRB 56

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

LB

Applicant

-and-

Tikinagan Child and Family Services

Respondent

DECISION

Adjudicator: Daniel McSweeney Date: September 26, 2019 Citation: 2019 CFSRB 56 Indexed As: LB v Tikinagan Child and Family Services (CYFSA s.120)

INTRODUCTION

1On September 23, 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 a registered social worker with the children's mental health unit of a health science centre. The Applicant is concerned for the health and safety of a fourteen-year-old former patient (CC) who was discharged by his mother. The Applicant alleges that the former patient’s mother is using drugs and that the child welfare agency associated with the former patient (Tikinagan) has not followed-up on the Applicant’s health and safety concerns for CC.

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.

ANALYSIS

4For 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.

5The Applicant has brought her concerns about a former patient’s health and safety to the attention of the Respondent and is not satisfied with the Respondent’s response. The Applicant is a former service provider to CC and has not sought or received services from the Respondent. As a result, this Application is ineligible for review by the CFSRB.

ORDER

6The Application is dismissed.

CONFIDENTIALITY ORDER

7Pursuant 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.