CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
JH and JH Applicants
-and-
Family and Children’s Services of Frontenac, Lennox and Addington Respondent
DECISION
Adjudicator: Catherine Bickley Date: October 29, 2021 Citation: 2021 CFSRB 76 Indexed As: JH and JH v Family and Children’s Services of Frontenac, Lennox and Addington (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:
- 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).
- Allegations that the society has failed to respond to the complainant’s complaint within the timeframe required by regulation.
- 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.
- Allegations that the society has failed to comply with section 15(2).
- 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;
5Section 56 of Ontario Regulation 156/18 General Matters Under the Authority of the Minister (the “Regulation”) states:
A complaint to a society under subsection 119(1) of the Act must be made in the form entitled “Formal Complaint to a Society’s Internal Complaints Review Panel (ICRP)” and dated 2018/03, available on a website of the Government of Ontario.
ANALYSIS
6The Applicants were advised on September 9, 2021 that their foster child, AA, was being removed from their care. They filed the Application on October 22, 2021.
7On 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.
- The Society refused to proceed with your complaint.
- The Society did not follow its complaint review process or timelines.
8The 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 Applicants.
9Section 119(1) of the Act requires complaints to a children’s aid society be in the specific format set out in the Regulation, i.e., on the “Formal Complaint to a Society’s Internal Complaints Review Panel (ICRP)” form. Sections 120(4)1, 120(4)2 and 120(4)3 of the Act permit a CFSRB review of the way a children’s aid society has dealt with a section 119 complaint only when the complaint is in the required format. No such complaint was attached to the Application.
10For these reasons, the CFSRB lacks jurisdiction to review the Application.
order
11The Application is dismissed.
confidentiality order
12Pursuant 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.
Dated at Toronto, October 29, 2021.
Catherine Bickley
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Catherine Bickley
Vice-Chair