AL v. Windsor-Essex Children’s Aid Society, 2021 CFSRB 78

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

AL Applicant

-and-

Windsor-Essex Children’s Aid Society Respondent

DECISION

Adjudicator: Daniel McSweeney Date: November 10, 2021 Citation: 2021 CFSRB 78 Indexed As: AL v Windsor-Essex Children’s Aid Society (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 complaints:

• The Respondent did not hear the Applicant’s concerns that MG owes him $600; and
• The Applicant disapproves of the MG’s placement in the community as she is not mentally stable to be on her own and she misses school.

BACKGROUND

3The Applicant indicated that MG is his friend and that she was born in February of 2001. The Applicant has dated MG. The Applicant is not in receipt of any services from the Respondent.

THE LAW

4Section 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.

5The right to be heard, as set out in sections 120(4)4 and 15(2) applies to “children and young persons and their parents”.

ANALYSIS

6For 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. Unfortunately, the complaint is not about any services he sought or received. In this case, the Applicant appears to be dissatisfied with the Respondent’s handling of his reported concerns regarding MG and the Respondent’s decisions related to MG.

7In addition, as friend to MG, the Applicant does not fall within section 15(2) which addresses the right to be heard which applies only to children, young persons and their parents.

8Given that the Applicant is neither in receipt of services by the Respondent; nor is he a parent; the CFSRB does not have 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 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.