RB & MB v Kawartha-Haliburton Children’s Aid Society, 2020 CFSRB 17

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

RB & MB Applicant

-and-

Kawartha-Haliburton Children’s Aid Society Respondent

DECISION

Adjudicator: Catherine Bickley Date: February 28, 2020 Citation: 2020 CFSRB 17 Indexed As: RB & MB v Kawartha-Haliburton Children’s Aid Society (CYFSA s.120)

INTRODUCTION

1This is an Application filed on February 19, 2020 under section 120(4) of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1, (the “Act”). The Application contains the following complaints:

• The Society did not give you a chance to be heard when you raised your concerns.
• The Society did not give you a chance to be heard when decisions that affected your interests were made.
• The Society has inaccurately recorded something on your file or record and you are not satisfied with the decision made in the children’s aid society’s internal complaint review process.

BACKGROUND

2On November 14, 2018 the Applicants were advised that their foster home was being closed.

3Conflict between the Applicants and one of the Respondent’s staff resulted in the Applicants filing a formal complaint to the Respondent’s Internal Complaints Review Panel (“ICRP”). The Applicants are not satisfied with the outcome of the ICRP.

4The Applicants want their foster home reopened so that they can foster with a view to adopt and they want certain statements made by the Respondents to be retracted.

THE LAW

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

6As of January 1, 2020, Part X (Personal Information) of the Act gives the Information and Privacy Commissioner of Ontario jurisdiction over complaints about inaccuracies in a children’s aid society file.

7The right to be heard is set out in section 120(4)4 and section 15(2) of the Act:

Service providers shall ensure that children and young persons and their parents have an opportunity to be heard and represented when decisions affecting their interests are made and to be heard when they have concerns about the services they are receiving.

8The Act defines “parent” in section 2(2)(a) as“[t]he person who has lawful custody of the child”.

ANALYSIS

9On January 1, 2020, Part X (Personal Information) of the Act came into effect, giving the Information and Privacy Commissioner of Ontario jurisdiction over complaints about inaccuracies in a children’s aid society file. As a result, the CFSRB can no longer review this type of complaint.

10The right to be heard does not apply to foster parents. They are not parents as defined in the Act.

11For these reasons, the Application is not eligible 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.