DL v. Windsor Essex Children’s Aid Society, 2022 CFSRB 54

CHILD AND FAMILY SERVICES

REVIEW BOARD

BETWEEN:

DL

Applicant

-and-

Windsor Essex Children’s Aid Society

Respondent

DECISION

Adjudicator: Catherine Bickley

Date: November 03, 2022

Citation: 2022 CFSRB 54

Indexed As: DL 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”) 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 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; or

(b) where the person first makes the complaint to the society under section 119, submit the complaint to the Board before the society’s complaint review procedure is completed.

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. [emphasis added]

ANALYSIS

6The Applicant is the grandmother of a child, DL. She states “]t]his young man is a crown ward of WECAS. They are his parent.” She disagrees with the way that the Respondent is dealing with government funding to which the child may be entitled.

7The only box checked on the Application form in answer to Question 6 (Tell us why you are applying to the CFSRB) is “[t]he Society did not follow its complaint review process or timelines.”

8Section 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.

9Further, as the grandmother of a child who is in extended society care (formerly crown wardship), the Applicant is not herself seeking or receiving a service

10For the above 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.