MR v. Children’s Aid Society of the Districts of Sudbury and Manitoulin, 2023 CFSRB 106

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

MR

Applicant

-and-

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

Respondent

DECISION

Adjudicator: Tamara Jordan

Date: December 13, 2023

Citation: 2023 CFSRB 106

Indexed As: MR v Children’s Aid Society of the Districts of Sudbury and Manitoulin (CYFSA s.120)

INTRODUCTION AND BACKGROUND

1This is an Application filed with the Child and Family Services Review Board (“CFSRB”) under sections 119 and 120 of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1 (the “Act”).

2The Applicant is the Godmother of one child and the Aunt of a second child (the “Children”) who have some involvement with the Respondent. The Applicant states that she acts as a supervisor during visits between the Children and the Children’s Mother.

3The Applicant complains about the Respondent’s communication with the Applicant and that a Respondent worker shared personal and inaccurate information with the Applicant about the Children’s parents. The Applicant also outlines her concerns about how the Respondent is addressing the Children’s access with their mother and the Applicant’s concern about the safety of at least one of the Children.

4The Applicant alleges that the Respondent has not heard the Applicant’s complaints about the Respondent, has not provided the Applicant with reasons for decisions, and has refused to proceed with the Applicant’s complaint.

5This decision explains why the Application is not eligible for review by the CFSRB.

THE LAW

6Subsection 119(1) of the Act states that 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”.

7Subsection 120(1) 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.

8Subsection 2(1) of the Act defines what constitutes a “service” under the Act.

ANALYSIS

9For a complaint to be eligible for review under sections 119 and 120 of the Act, an applicant must have sought or received services from a society and the complaint must relate to those services.

10The Applicant provides a service to the Respondent as an access supervisor as between the Children and their mother.

11There is no information in the Application that supports that the Respondent has sought or received a service as defined in the Act.

12The Applicant’s complaints are not about services she herself has sought or received.

13For these reasons, the Application is ineligible for review by the CFSRB.

ORDER

14The Application is dismissed.

CONFIDENTIALITY ORDER

15Pursuant 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.