RC v. Ogwadeni:deo, 2023 CFSRB 56

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

RC Applicant

-and-

Ogwadeni:deo Respondent

DECISION

Adjudicator: Daniel McSweeney Date: July 10, 2023 Citation: 2023 CFSRB 56 Indexed As: RC v Ogwadeni:deo (CYFSA s.120)

INTRODUCTION AND BACKGROUND

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”).

2After having reviewed the Application, I find that the CFSRB does not have jurisdiction to review the Application pursuant to sections 119 and 120 of the Act.

3The Applicant is the former foster parent to one boy. The Applicant reported that she was called to a meeting with the Respondent; other child protection agency staff; and various Band Representatives. The meeting was to discuss concerns that the Applicant had allowed the Child and his birthmother to visit his great grandparents, and that the Applicant allowed the Child’s birthmother to stay in her home. The Band Representatives and the child protection staff were concerned that the Child could have been kidnapped. The Child was removed from the Applicant’s home on February 24, 2023.

4In her Application, the Applicant also identified that former allegations made against her were proven false. She was also concerned with the impact that former allegations had on the decision to remove the Child from her care.

5The Applicant wants the allegations against her removed; and an apology from Respondent staff and the Child’s Band Representative.

THE LAW

6Section 120(4)4 of the Act indicates that the following matters may be reviewed by the Board:

1. Allegations that the society has refused to proceed with a complaint made by the complainant under subsection 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 subsection 15(2)

5. Allegations that the society has failed to provide the complainant with reasons for a decision that affects the complainant’s interests

6. Such other matters as may be prescribed

7Section 2(2) of the Act defines parent 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 person who have lawful custody of the chid, excluding any person who is unavailable or unable to act, as the context requires

8Section 15(2) of the Act confirms that:

Service providers shall ensure 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

9Section 2(1) of the Act defines service as:

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 residential care for a child

d) a service for a child who is or may be in need of protection or 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 The Board shall not conduct a review of a complaint under this section if the subject of the complaint,

ANALYSIS

10The Applicant is the former foster parent to the “Child”. Under normal circumstances, foster parents are unable to have their section 120 complaints reviewed by the CFSRB as they are not parents; and they are not considered service recipients.

11In her Application, the Applicant indicated that the Respondent did not give her a chance to be heard when decisions that affected her interests were made. In this case, the Applicant is a former foster parent to the Child. The Respondent’s concerns related to the exposure of the Child to his birthmother and to his great grandparents. As such, she does not have a right to be heard pursuant to s. 120(4)4 as she is not a parent.

12As such, the CFSRB is not eligible to review the Applicant’s Complaint pursuant to sections 120(4)4 of the Act as the Applicant is not a parent.

13The Applicant did not identify a concern about not being provided reasons by the Respondent in her Application and therefore the provisions of section 120(4)5 of the Act have not been engaged.

DECISION

14The Application is therefore dismissed for lack of jurisdiction.

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.