DW v. Family and Children’s Services of Niagara, 2020 CFSRB 61

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

DW Applicant

-and-

Family and Children’s Services of Niagara Respondent

DECISION

Adjudicator: Catherine Bickley Date: June 26, 2020 Citation: 2020 CFSRB 61 Indexed As: DW v Family and Children’s Services of Niagara (CYFSA s.120)

Introduction

1This is an Application filed with the Child and Family Services Review Board (“CFSRB”) under section 120 of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1 (the “Act”).

2This decision explains why the Application is not eligible for review by the CFSRB.

background

3In a decision dated May 15, 2020 (“the May Decision”), the CFSRB dismissed an Application (CA20-0023) (“the previous Application”) filed by the Applicant

4The current Application contains complaints about historical issues between the Applicant and the Respondent and about the Respondent’s submissions to the CFSRB regarding the previous Application. The Applicant also complains about lack of access to her granddaughter. As well, the Applicant says she feels the previous Application was not properly addressed “due to covid-19 issues”.

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 CFSRB.

analysis

6The current Application raises issues that were already considered and decided in the May decision. For example, it contains historical concerns (dating back to 1998) about the Respondent’s involvement with the Applicant’s family. The May Decision found these historical concerns had been presented to and addressed by the Court. The May Decision similarly found the access issues were before the Court. As a result, The May Decision concluded that section 120 (8)(a) of the Act barred the CFSRB from reviewing the historical concerns or access issues.

7The current also Application criticizes the Respondent’s submissions regarding the previous Application as well as expressing the Applicant’s feeling the previous Application was not properly addressed. These complaints about the Respondent’s submissions and the Applicant’s feelings about the hearing process are not complaints about a service sought or received from the Respondent as defined in the Act. Further, there is no provision in the Act for the CFSRB to reconsider a decision once it has been issued.

8For these reasons, the Application is not eligible 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 online. 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.