MB v. Durham Children's Aid Society, 2021 CFSRB 75

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

MB

Applicant

-and-

Durham Children’s Aid Society

Respondent

DECISION

Adjudicator: Catherine Bickley

Date: October 28, 2021

Citation: 2021 CFSRB 75

Indexed As: MB v Durham Children’s Aid Society (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(4) of the Act states:

The following matters may be reviewed by the Board under this section:

1. Allegations that the society has refused to proceed with a complaint made by the complainant under section 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 section 15(2).

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

4Section 15(2) of the Act states:

Service providers shall ensure 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;

ANALYSIS

5The Applicant’s foster child, CH, was removed from the Applicant’s home on October 18, 2021.

6On the Application, the following items were checked:

• The Society did not give you a chance to be heard when you raised your concerns.

• The Society did not give you a chance to be heard when decisions that affected your interests were made.

7The right to be heard in the Act is limited to “children and young person and their parents”. The definition of “parent’ in the Act does not include foster parents. As such, section 15(2) does not apply to the Applicant.

8For these reasons, the CFSRB lacks jurisdiction to review the Application.

order

9The Application is dismissed.

confidentiality order

10Pursuant 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.