CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
KG
Applicant
-and-
Kitapinoonjiminaanik Family Services
Respondent
DECISION
Adjudicator: Catherine Bickley
Indexed As: KG v Kitapinoonjiminaanik Family Services (CYFSA s.120)
INTRODUCTION
1On March 16, 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 a counsellor at a treatment centre to which a youth, TP, was admitted on January 13, 2020. TP is scheduled to be released back into the Respondent’s care on April 16, 2020. The Applicant and her colleagues at the treatment centre have been trying to contact the Respondent since early February without success. They are concerned about the Respondent’s failure to communicate regularly and transparently with TP and the Respondent’s failure to participate in monthly plan of care phone conferences.
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 CFSRB.
4The 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
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.
6The 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 TP, a youth who is residing at the treatment centre where the Applicant is a counsellor.
7As a counsellor, the Applicant does not fall within section 15(2) which applies only to children, young persons and parents.
8For these reasons, this Application is ineligible for review by the CFSRB.
order
9The Application is dismissed.
confidentiality order
10Pursuant 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.
Dated at Toronto, March 23, 2020.
Catherine Bickley
Catherine Bickley
Vice-Chair