TM v. Children's Aid Society of London and Middlesex, 2020 CFSRB 81

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

TM Applicant

-and-

Children’s Aid Society of London and Middlesex Respondent

DECISION

Adjudicator: Catherine Bickley Date: August 31, 2020 Citation: 2020 CFSRB 81 Indexed As: TM v Children’s Aid Society of London and Middlesex (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 complaint:

• The Society refused to proceed with your complaint.

BACKGROUND

3The Applicant is concerned about the safety of his daughter’s half-sister. The two children have the same mother but different fathers.

4The Applicant contacted the Respondent’s after hours emergency hotline twice to alert the Respondent to his concerns that the child was not safe in her mother’s care. He reminded the Respondent of past issues concerning the mother and her children.

5The Applicant states the child’s father has also contacted the Respondent with concerns about the child’s welfare while in her mother’s care.

6The Applicant feels the Respondent has not done enough to protect the child.

THE LAW

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.

ANALYSIS

8For 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.

9The Applicant has brought concerns about the wellbeing of a child to the Respondent’s attention. He feels the Respondent has not taken sufficient steps to protect the child.

10The Applicant’s complaints are not about services he himself has sought or received. Rather, they are about the Respondent’s actions (or lack of actions) with respect to his daughter’s half-sister.

11As a result, this Application is ineligible for review by the CFSRB.

ORDER

12The Application is dismissed.

CONFIDENTIALITY ORDER

13Pursuant 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.