CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
TF
Applicant
-and-
Algoma Children’s Aid Society
Respondent
DECISION
Adjudicator: Catherine Bickley
Indexed As: TF v Algoma 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 119(1) of the Act states:
A person may make a complaint to a society relating to a service sought or received by that person from the society in accordance with the regulations.
4Section 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.
Section 120(1) of the Act states:
If a complaint in respect of a service sought or received from a society relates to a matter described in subsection (4), the person who sought or received the service may,
(a) decide not to make the complaint to the society under section 119 and make the complaint directly to the Board under this section;
Section 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.
ANALYSIS
5The Applicant alleges the Respondent has failed to protect her son when her son is in the care of his father. She states that there are “significant child welfare concerns.”
6The Applicant checked only the following box in answer to Question 6 (Tell us why you ae applying to the CFSRB): “[t]he Society refused to proceed with your complaint.” She answered “No” to Question 7 (Have you complained to the Society, in writing, about this matter?).
7Section 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 in which the children’s aid society has dealt with a section 119 complaint only if the complaint was in the required format.
8The Applicant has not made a written complaint to the Respondent let alone a complaint on the required form. As a result, 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.
Dated at Toronto, January 21, 2022.
Catherine Bickley
Catherine Bickley
Vice-Chair