NM and MM v. Kina Gbezhgomi Child & Family Services, 2019 CFSRB 62

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

NM and MM Applicants

-and-

Kina Gbezhgomi Child & Family Services Respondent

DECISION

Adjudicator: Catherine Bickley Date: October 16, 2019 Citation: 2019 CFSRB 62 Indexed As: NM and MM v Kina Gbezhgomi Child & Family Services (CYFSA s.120)

INTRODUCTION

1This is an Application under subsection 120(4) of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1 (the “Act”).

BACKGROUND

2The Applicants are foster parents of a child, WM. The Applicants complain that the Respondent is not complying with a court order or with psychiatric reports. They also complain that the Respondent is not listening to the child’s voice.

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 Child and Family Services Review Board (“CFSRB”).

4Subsection 2(1) of the Act defines a service to include:

a) a service for a child with a developmental or physical disability or the child’s family,

b) a mental health service for a child or the child’s family,

c) a service related to mental health care for a child,

d) a service for a child who is or may be in need of protection of the child’s family,

e) a service related to adoption for a child, the child’s family or others,

f) counselling for a child or the child’s family,

g) a service for a child or the child’s family that is in the nature of support or prevention and that is provided in the community,

h) a service or program for or on behalf of a young person for the purposes of the Youth Criminal Justice Act (Canada) or the Provincial Offences Act, or

i) a prescribed service;

ANALYSIS

5For 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.

6As foster parents, the Applicants are not seeking or receiving services from the Respondent. Rather they are providing a service to the Respondent. Accordingly, this Application is ineligible for review by the CFSRB.

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.