RH v. Family and Children’s Services of the Waterloo Region, 2020 CFSRB 8

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

RH Applicant

-and-

Family and Children’s Services of the Waterloo Region Respondent

DECISION

Adjudicator: Daniel McSweeney Date: February 03, 2020 Citation: 2020 CFSRB 8 Indexed As: RH v Family and Children’s Services of the Waterloo Region (CYFSA s.120)

Introduction

1This is an Application filed under section 120(4) of the Child, Youth and Family Services Act, 2017, S.O. 2017, c.14, Sched.1, (the “Act”).

2The Applicant and his wife have been foster parents to LY (“the Child”) since April of 2019. The Applicant reported the Child’s behavioural issues to workers with Family and Children’s Services of the Waterloo Region (the Society). The Applicant and Society staff subsequently discussed transitioning the Child to a home that could provide the enhanced supports he needed. The Applicant and his wife wanted to continue to be in a supportive relationship with the Child after the transition. The Applicant indicated that the Child was moved by the Society without his and his wife’s agreement, and with little notice. The Applicant was upset with the transition decision and process, the lack of communication with the Society worker and the impact of the sudden transition on the child as well as on him and his wife.

3The Applicant submitted a complaint to the CFSRB on January 20, 2020.

4Based on the information before me, I find that the CFSRB does not have jurisdiction to consider the Application for the reasons cited below.

The Law

5Section 120 (1) 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.

6The Act defines “service” as follows:

“service” includes,

a) a service for a child with a developmental or physical disability or the child’s family

b) a mental health service for a child or the child’s family,

c) a service related to residential care for a child,

d) a service for a child who is or may be in need of protection or the child’s family,

e) a service related to adoption for a child, the child’s family or others,

f) counselling for a child or the child’s family

g) a service for a child or the child’s family that is in the nature of support or prevention and that is provided in the community,

h) a service or program for or on behalf of a young person for the purposes of the Youth Criminal Justice Act (Canada) or the Provincial Offences Act, or

i) a prescribed service; (“service”)

7A “parent” in the Act is defined as:

a) the person who has lawful custody of the child; or

b) if more than one person has lawful custody of the child, all of the persons who have lawful custody of the child, excluding any person who is unavailable or unable to act, as the context requires.

8“Foster care” is defined in the Act as the provision of residential care to a child, by and in the home of a person who,

a) receives compensation for caring for the child, except under the Ontario Works Act, 1997 or the Ontario Disability Support Program Act, 1997, and

b) is not the child’s parent or person with whom the child has been placed for adoption under Part VIII (Adoption and Adoption Licensing)

Analysis

9In this case, the Society, and not the Applicant, has legal custody of the Child. Section 15(2) of the Act ensures that:

“children and young persons and their parents have an opportunity to be heard and represented when decisions affecting their interests are made and to be heard when they have concerns about the services they are receiving.”

10The Applicant does not have legal custody of the Child. He is not considered a parent as defined by the Act. As a result, the provisions of Section 15(2) do not apply to his Application.

11The Application turns on whether the Applicant, as a foster parent, is in receipt or has received a service as defined by the Act. As per the definition of foster care (above), the Applicant is considered a service provider to the Society and not a service recipient.

12I then considered whether, as a foster parent, the Applicant was in receipt of service from the Society as per H.L.B. v. Chatham-Kent Children’s Services (CFSA s. 68), 2012 CFSRB 4 (para. 51)

Looking at the statute, the Society’s obligation to provide reasons in section 68.1 (4) 5 is not confined to “parents”. If that were the case, the obligation would be associated with section 2(2) (a) of the Act, like the right to be heard. The right to reasons for decisions that affect one’s interests is broad and recognizes that there may be persons other than parents who are involved with children under the Act and whose lives may be impacted by Society decisions. For example, the Board has held that foster parents or teachers who are the subject of an investigation by a society are receiving a service and are entitled to reasons relating to the decisions made in the investigation. The Board has also held that grandparents who have sought access to their grandchildren from a society that controls access have a right to reasons.

13Unlike this case, the Society has not expressed any concerns with the care provided by the Applicant and his wife, they were not under investigation, and have not been provided other services by the Society. As such, I find that the provisions in H.L.B. v. Chatham-Kent Children’s Services do not apply in this case.

14The CFSRB acknowledges the Applicant’s concerns regarding the transition and its impact on the Child and he and his wife as foster parents.

15Given that the Applicant does not have legal custody of the Child and is not considered a parent as per the Act; and given that he has not sought nor received service from the Society, I find that the CFSRB does not have jurisdiction to hear his Section 120 (4) Application.

Confidentiality Order

16Pursuant 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.