MB v. Children’s Aid Society of Hamilton, 2020 CFSRB 66

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

MB Applicant

-and-

Children’s Aid Society of Hamilton Respondent

DECISION

Adjudicator: Catherine Bickley Date: July 6, 2020 Citation: 2020 CFSRB 66 Indexed As: MB v Children’s Aid Society of Hamilton (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”).

BACKGROUND

2The Applicant is the mother of one child and guardian of two other children. The Application states the children were apprehended by the Respondent.

3The only box checked in Question 6 (Tell us why you are applying to the CFSRB) is “The Society did not follow its complaint review process or timelines”.

4The Applicant answered “No” to Question 7 (Have you complained to the Society, in writing, about this matter?).

THE LAW

5Section 119(1) of the Act provides:

A person may make a complaint to a society relating to a service sought or received by that person from the society in accordance with the regulations.

6Section 56 of Ontario Regulation 156/18 General Matters Under the Authority of the Minister states:

A complaint to a society under subsection 119(1) of the Act must be made in the form entitled “Formal Complaint to a Society’s Internal Complaints Review Panel (ICRP)” and dated 2018/03, available on a website of the Government of Ontario.

7Section 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.

8Subsection 120(4) lists the matters the CFSRB may review:

1. Allegations that the society has refused to proceed with a complaint made by the complainant under subsection 119(1) as required under subsection 119(2).

2. Allegations that the society has failed to respond to the complainant’s complaint within the timeframe required by regulation.

3. Allegations that the society has failed to comply with the complaint review procedure or with any other procedural requirements under this Act relating to the review of complaints.

4. Allegations that the society has failed to comply with subsection 15(2).

5. Allegations that the society has failed to provide the complainant with reasons for a decision that affects the complainant’s interests.

6. Such other matters as may be prescribed.

ANALYSIS

9The narrative portion of the Application highlights the Applicant’s concerns about a lack of timely communication on the part of the Respondent. The Applicant’s answer to Question 6 suggests the Application may be eligible for review under subsections 120(4)2 and 120(4)3. For the following reasons, however, I find the Application is ineligible for review.

10Section 120 of the Act gives individuals the option of complaining first to a children’s aid society and then to the CFSRB or directly to the CFSRB. When an individual has complained first to a children’s aid society and wants the CFSRB to review how the children’s aid society has responded to their complaint, the Act requires the complaint to have been in a specific format.

11Section 119(1) of the Act requires complaints to be made “in accordance with the regulations”. The relevant regulation, set out above, states a complaint must be made on a specific form: “Formal Complaint to a Society’s Internal Complaints Review Panel (ICRP)”. Thus, subsections 120(4) 1, 2 and 3 give the CFSRB authority to review the way a children’s aid society has handled a complaint only if the complaint was made on the required form.

12The Applicant did not make a written complaint to the Respondent on the required form. As a result, the Application is ineligible for review by the CFSRB.

ORDER

13The Application is dismissed.

CONFIDENTIALITY ORDER

14Pursuant 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.