TK v. Chatham-Kent Children’s Services, 2022 CFSRB 1

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

TK Applicants

-and-

Chatham-Kent Children’s Services Respondent

DECISION

Adjudicator: Daniel McSweeney Date: January 05, 2022 Citation: 2022 CFSRB 1 Indexed As: TK v Chatham-Kent Children’s Services (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.

BACKGROUND

3The Applicant is a foster parent of a toddler (the “Child”). In early December of 2021, the Applicant was informed that the Child was being moved to another kin placement. The Applicant filed her Application on December 31, 2021. The Applicant was concerned that the Respondent failed to hear her concerns regarding the decision to move the Child to a kin placement; her concerns related to transition arrangements; and her request for reasons for the Respondent’s decision.

THE LAW

4Section 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.

5Section 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”).

6Subsection 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.

7A “parent” in the Act is defined as:

a. the person who has lawful custody of the child; or b. if more than one person has lawful custody of the child, all of the persons who have lawful custody of the child, excluding any person who is unavailable or unable to act, as the context requires.

8Section 15(2) of the Act ensures 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.”

9H.L.B. v. Chatham-Kent Children’s Services (CFSA s. 68), 2012 CFSRB 4 (2012-02-01) (para. 51) examines the issue of who is in receipt of services.

Looking at the statute, the Society’s obligation to provide reasons in section 68.1 (4) 5 is not confined to “parents”. If that were the case, the obligation would be associated with section 2(2) (a) of the Act, like the right to be heard. The right to reasons for decisions that affect one’s interests is broad and recognizes that there may be persons other than parents who are involved with children under the Act and whose lives may be impacted by Society decisions. For example, the Board has held that foster parents or teachers who are the subject of an investigation by a society are receiving a service and are entitled to reasons relating to the decisions made in the investigation. The Board has also held that grandparents who have sought access to their grandchildren from a society that controls access have a right to reasons.

ANALYSIS

10On the Application, the following item was checked:

• The Society refused to proceed with your complaint.

11For 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.

12Based on the definition of services outlined above, I find that the Applicant did not seek or receive services from the Respondent. Rather, as a foster parent, she was providing a service to the Respondent.

13I considered the application of H.L.B. v. Chatham-Kent Children’s Services to this complaint. I have not been provided with any evidence that the Applicant is currently subject to an investigation by the Respondent which would place her in receipt of Respondent services.

14Given the foregoing, I find that the Applicant is not in receipt of services from the Respondent. Therefore, the CFSRB does not have jurisdiction to review the Application under sections 120 (4) 4 and 5 of the Act.

15In addition, the 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.

16For these reasons, the CFSRB lacks jurisdiction to review the Application.

order

17The Application is dismissed.

confidentiality order

18Pursuant 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.