CL v. Simcoe Muskoka Child, Youth and Family Services, 2020 CFSRB 13

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

CL Applicant

-and-

Simcoe Muskoka Child, Youth and Family Services Respondent

DECISION

Adjudicator: Catherine Bickley Date: February 14, 2020 Citation: 2020 CFSRB 13 Indexed As: CL v Simcoe Muskoka Child, Youth and Family Services (CYFSA s.120)

INTRODUCTION

1On February 10, 2020, 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 the paternal grandmother of JRH.

3During a period in 2019 when JRH was in the care of the Applicant’s mother (JRH’s paternal great-grandmother), the Applicant acted as relief to assist in JRH’s care. The Applicant looked after JRH by herself when the Applicant’s mother was away.

4The relationship between the Applicant, JRH’s parents and the maternal grandparents became conflictual. The Applicant has not had access with JRH since December 6, 2019.

5The Applicant answered yes to question 9 (Has the concern you describe above been dealt with in Court?), stating “unsure what [the Respondent] has put in their new order”. She also answered yes to Question 10 (Is the concern you describe above currently before the Court?), stating “[the Respondent] are still in court with this matter but I have now been shut out of proceedings”.

6The Applicant refers to grandparent rights in the Children’s Law Reform Act R.S.O. 1990, c. C.12 (“CLRA”) and to caselaw interpreting those rights. She asks the CFSRB to make orders giving her access to JRH.

THE LAW

7The relevant section of the CLRA states:

21 (1) A parent of a child or any other person, including a grandparent, may apply to a court for an order respecting custody of or access to the child or determining any aspect of the incidents of custody of the child.

8Section 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.

9Subsection 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

10Subsection 120(8)(a) of the Act bars the CFSRB from reviewing a complaint about an issue that is before the court or has been decided by the court.

11The remedies the Applicant seeks are all related to custody and access. There is, according to the Applicant, an ongoing court proceeding.

12The Applicant relies on section 21(1) of the CLRA which is explicit that a grandparent seeking custody or access “may apply to a court” [emphasis added].

13It is the court, not the CFSRB, which has jurisdiction over issues of custody and access.

14For these reasons, this Application is ineligible for review by the CFSRB.

ORDER

15The Application is dismissed.

CONFIDENTIALITY ORDER

16Pursuant 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.