RM v Ottawa Children’s Aid Society, 2020 CFSRB 23

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

RM Applicant

-and-

Ottawa Children’s Aid Society Respondent

DECISION

Adjudicator: Catherine Bickley Date: March 17, 2020 Citation: 2020 CFSRB 23 Indexed As: RM v Ottawa Children’s Aid Society (CYFSA s.120)

INTRODUCTION

1On March 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”).

2The Application consists of the following complaints:

• The Society did not give you a chance to be heard when decisions that affected your interests were made.
• The Society refused to proceed with your complaint.

BACKGROUND

3The Applicant alleges that the Respondent has failed to protect her nephews. She states that the children’s most basic needs are not being met since they were returned to their biological mother and her partner. She is also concerned about how the children’s mother’s partner treats them. She has written repeatedly to the Respondent setting out her concerns in detail. She is not satisfied with their response.

the law

4Section 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.

5The right to be heard, as set out in sections 120(4)4 and 15(2) applies to “children and young persons and their parents”.

ANALYSIS

6For 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.

7The Applicant’s complaints are not about services that she herself has sought or received. Rather, they are about actions and lack of action the Respondent has taken regarding her nephews.

8As an aunt, the Applicant does not fall within section 15(2) which applies only to children, young persons and parents.

9For these reasons, this Application is ineligible for review by the CFSRB.

order

10The Application is dismissed.

confidentiality order

11Pursuant 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.