CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
AT
Applicant
-and-
Weechi-it-te-win Family Services Inc.
Respondent
DECISION
Adjudicator: Gail Gonda
Indexed As: AT v Weechi-it-te-win Family Services Inc. (CYFSA s.120)
INTRODUCTION
1On August 2, 2018, A.T. (the "Applicant") filed an application with the Child and Family Services Review Board (the "CFSRB") under s. 120 of the Child, Youth and Family Services Act ("the Act") against Weechi-it-te-win Family Services Inc. (the "Society"). On August 9, 2018 the CFSRB deemed the application eligible to proceed under s.120 (4) 4 and 120 (4) 5 of the Act.
2The CFSRB made an interim decision on October 7, 2018 that it had jurisdiction to proceed with the application.
3Pre-hearing teleconferences to plan for a hearing were scheduled on April 26, 2019, May 10, 2019 and June 28, 2019. During the June 28, 2019 teleconference, the parties could not agree to the form that the hearing should take, i.e., in person or writing and were requested to provide their submissions on the matter.
4The submissions regarding the form of the hearing were received from the Applicant on July 3, 2019 and from the Society on July 4, 2019. A decision was made that the hearing would be by way of written submissions in accordance with the CFSRB General Rules, Part I, Rule 8.1:
The CFSRB may conduct hearings orally, in writing, or electronically by teleconference or video-conference.
as well as Part III: Application for Review or Hearing of a Complaint against a Children's Aid Society under Sections 119 and 120 of the Act, Rule 24.2 with regard to the same matter:
The hearing may proceed in person, by telephone or other form of electronic technology, in writing or by any combination of those forms the CFSRB considers appropriate, unless a party satisfies the CFSRB that there is good reason not to proceed in writing or that proceeding by telephone or other electronic technology will cause significant prejudice.
5On July 11, 2019, the parties were given detailed instructions and dates regarding their written submissions. As the result of requests from the Applicant for an extension of the timeframes for submissions and for representation, further directions were provided to the parties on July 29, 2019 and August 2, 2019. Final submissions from the Applicant were to be received by October 31, 2019.
6The application is dismissed for the reasons set out below.
BACKGROUND
7The issues under complaint were identified in the CFSRB's Interim Decision of October 17, 2018 as well as in the course of the pre-hearing teleconference held on April 26, 2019 and are as follows:
That the Society has not heard the Applicant's service concerns or heard him when decisions were made and has not provided him with reasons for decisions that affected his interests regarding matters arising from his involvement with the Society commencing October 6, 2016 and specifically:
- The alleged failure of the Society to provide documentation within five days of the apprehension of his child;
- The alleged failure of the Society to obtain the Applicant's consent;
- Concerns regarding the safety and well-being of the Applicant's child in the care of the child's maternal grandmother;
- The alleged conflict of interest between Society staff and staff at Red Gut FN, e.g., G.W and N.J.
- The allegation that the Society was involved in the Applicant's ban from Red Gut FN which impacted his access to his child;
- The reasons for the apprehension of the Applicant's child (this is an issue that was identified in the Interim Decision of the CFSRB, October 17, 2018, page 4)
8The Applicant is the father of A. R. T. ("the Child') who was a little over three years old at the time that the application was submitted to the CFSRB.
ANALYSIS
9I relied upon submissions from the Applicant including the application to the CFSRB and subsequent submissions as directed.
10The only other submissions received from the Applicant consisted of a two page document submitted on September 18, 2019 outlining in point form the date and content of meetings between the Applicant and his representative and key dates related to the placement of the Child. Detailed instructions had been provided to the Applicant with regard to the kind of information required in order for the CFSRB to make its decision.
11The submissions from the Applicant did not include any information regarding the contacts that the Applicant had with the Society that supported the allegations and issues identified earlier in the previous paragraphs. There was no information provided which could be used to arrive at a decision.
[12) The Applicant did not provide any evidence to support his complaint under s.120 (4) 4 and s. 120 (4) 5 of the Act and therefore the complaint is unfounded.
DECISION
13The application is dismissed. The file is now closed.
CONFIDENTIALITY ORDER
14Pursuant to Rules 9.1 and 9.2 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.
Dated at Toronto, November 20, 2019.
Gail Gonda
Gail Gonda
Member