MLA v. Children’s Aid Society of the Districts of Sudbury and Manitoulin, 2022 CFSRB 41

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

MLA
Applicant

-and-

Children’s Aid Society of the Districts of Sudbury and Manitoulin
Respondent

DECISION

Adjudicator: Catherine Bickley
Date: August 31, 2022
Citation: 2022 CFSRB 41
Indexed As: MLA v Children’s Aid Society of the Districts of Sudbury and Manitoulin (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. [emphasis added]

ANALYSIS

5The Applicant is the step-parent of two children. She has concerns about their wellbeing while in the care of their mother. She is also concerned about how the Respondent responds when she contacts it with these concerns.

6The only box checked on the Application form in answer to Question 6 (Tell us why you are applying to the CFSRB) is “The Society refused to proceed with your complaint.”

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 to the children’s aid society is in the required format. In this case, the Applicant has not made a complaint to the Respondent on the required form.

8For the above 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.