CT v. Children’s Aid Society of the District of Thunder Bay, 2020 CFSRB 58

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

CT

Applicant

-and-

Children’s Aid Society of the District of Thunder Bay

Respondent

DECISION

Adjudicator: Catherine Bickley

Date: June 18, 2020

Citation: 2020 CFSRB 58

Indexed As: CT v Children’s Aid Society of the District of Thunder Bay

(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”).

2A previous Application (CA20-0068) filed by the Applicant was found ineligible to proceed on the basis that the Applicant was not in receipt of services or seeking services from the Respondent. It was dismissed in a decision dated May 28, 2020.

3The cover letter accompanying the new Application states:

An application was submitted on May 21, 2020 as the children were still with the parents. That have (sic) since been resolved, however Ms. T would still like to proceed with a complaint, and therefore a new application is being submitted.

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.

ANALYSIS

5The May 28, 2020 decision explained the reasons for dismissing the previous Application as follows (at paragraphs 7, 8 and 9):

For 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.

The Applicant has brought concerns about the wellbeing of her grandchildren to the Respondent’s attention. The Respondent has replied and explained its perspective. It has not removed the children from the care of their mother and her partner.

The Applicant’s complaints are not about services she herself has sought or received. Rather, they are about the Respondent’s actions (or lack of actions) with respect to her grandchildren.

6There is nothing in the new Application to alter the analysis and conclusion set out above. As a result, this Application is ineligible for review by the CFSRB.

order

7The Application is dismissed.

confidentiality order

8Pursuant 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.