SD and LD v. The Children’s Aid Society of Ottawa, 2021 CFSRB 54

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

SD and LD Applicant

-and-

The Children’s Aid Society of Ottawa Respondent

DECISION

Adjudicator: Catherine Bickley Date: August 04, 2021 Citation: 2021 CFSRB 54 Indexed As: SD and LD v The Children’s Aid Society of Ottawa (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.

THE LAW

3Section 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 Child and Family Services Review Board (“CFSRB”).

4Subsection 2(1) of the Act defines a service to include:

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 mental health care for a child,

d) a service for a child who is or may be in need of protection of 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;

ANALYSIS

4The Applicants are foster parents to three children. They disagree with the Respondent’s plan to enter into a customary care agreement “with another family that had done some respite for us.” They also have concerns about their interactions with a Respondent worker and the lack of information provided to them about decisions regarding the children.

5For 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.

6As foster parents, the Applicants are not seeking or receiving services from the Respondent. Rather they are providing a service to the Respondent. Accordingly, this Application is ineligible for review by the CFSRB.

order

7The Application is dismissed.

confidentiality order

8Pursuant 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.