CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
AMW
Applicant
-and-
Catholic Children’s Aid Society of Toronto
Respondent
DECISION
Adjudicator: Daniel McSweeney
Date: June 17, 2021
Citation: 2021 CFSRB 44
Indexed As: AMW v Catholic Children’s Aid Society of Toronto
(CYFSA s.120)
APPEARANCES
AMW, Applicant
Self-represented
Catholic Children’s Aid Society of Toronto, Respondent
Rachel Buhler, Counsel
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”).
2The CFRSB found the Application eligible to proceed pursuant to section 120(4)5 of the Act: The Respondent is alleged to have failed to provide the Applicant with reasons for decisions it made which affected her interests.
3A full day video hearing was held on June 8, 2021 during which the Applicant testified. The Respondent called Mr. B, the Child Protection Supervisor (CPS), and Ms. S, the Family Service Worker (FSW) as witnesses.
4In reaching my decision, I reviewed the testimony of the witnesses, the sole document entered as an exhibit, and the parties’ closing submissions.
5For the reasons set out below, I find the Respondent has met its obligations under section 120(4)5 of the Act to provide the Applicant with adequate reasons for decisions it made that affected her interests. The Application is dismissed in its entirety.
the law
6Section 120(4)5 of the Act states that the CFSRB may review:
- Allegations that the society has failed to provide the complainant with reasons for a decision that affects the complainant’s interests.
Section 120(7) discusses the remedies available to complainants as follows:
After reviewing the complaint, the Board may,
(a) order the society to proceed with the complaint made by the complainant in accordance with the complaint review procedure established by regulation;
(b) order the society to provide a response to the complainant within a period specified by the Board;
(c) order the society to comply with the complaint review procedure established by regulation or with any other requirements under this Act;
(d) order the society to provide written reasons for a decision to a complainant;
(e) dismiss the complaint; or
(f) make such other order as may be prescribed.
7The “right to reasons” under section 120(4)5 the Act is a right to receive a meaningful explanation of decisions that affect one’s interests. In J.G. v. Windsor-Essex Children’s Aid Society, 2013 CFSRB 8,