HI v. Hamilton Children's Aid Society, 2020 CFSRB 38

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

HI Applicant

-and-

Hamilton Children’s Aid Society Respondent

DECISION

Adjudicator: Catherine Bickley Date: April 22, 2020 Citation: 2020 CFSRB 38 Indexed As: HI v Hamilton Children’s Aid Society (CYFSA s.120)

INTRODUCTION

1This is an Application filed 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.
• The Society did not follow its complaint review process or timelines.

BACKGROUND

3The Applicant is concerned her grandson is not safe while in the care of his mother. She has brought her concerns to the Respondent’s attention and feels the Respondent is not doing enough to protect him.

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 the Respondent’s actions (or lack of actions) with respect to her daughter and grandson.

8In addition, as a grandparent, the Applicant does not fall within section 15(2) which applies only to children, young persons and parents.

9Finally, although the Application raises issues about how the Respondent has handled a complaint she has not made a written complaint to the Respondent.

10For these reasons, this Application is ineligible for review by the CFSRB.

ORDER

11The Application is dismissed.

CONFIDENTIALITY ORDER

12Pursuant 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.