JH v. Family and Children’s Services of Lanark, Leeds and Grenville, 2023 CFSRB 77

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

JH Applicant

-and-

Family and Children’s Services of Lanark, Leeds and Grenville Respondent

DECISION

Adjudicator: Daniel McSweeney Date: August 29, 2023 (Amended on October 3, 2023) Citation: 2023 CFSRB 77 Indexed As: JH v Family and Children’s Services of Lanark, Leeds and Grenville (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”).

2After having reviewed the Application before me, I find that the CFSRB does not have jurisdiction to review the Application pursuant to sections 119 and 120 of the Act and Ontario Regulation 156/18 (the “Regulations”).

3The Applicant is the mother of a daughter (the “Child”).

4The Applicant alleged that the Respondent failed to follow its complaint review process or timelines as she was not informed that her file was closed.

THE LAW

5Section 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

ANALYSIS

6In response to Question 6 in the Application (why she was applying to the CFSRB), the Applicant indicated that the Respondent refused to follow its complaint review process or timelines. This box refers to section 120(4) 1 of the Act which makes reference to section 119(1) and 119(2) of the Act.

7Section 119(1) 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. Subsection 2 states: “Where a society receives a complaint under subsection (1), it shall deal with the complaint in accordance with the complaint review procedure established by regulation, subject to subsection 120(2).

8Sections 56-64, of the Regulations provide the framework for making a complaint to a child protection agency through the Internal Complaints Review Panel (ICRP) process. These Sections indicate: “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)”. Within 7 days after receiving a complaint under subsection 119(1) of the Act, the society shall determine whether the complaint is eligible for review”.

9In response to Question 7 in the Application, the Applicant indicated that she had not complained to the Society in writing. She did not provide a copy of a complaint on the designated form. The formal complaints procedure was not engaged and therefore the Respondent was not required to follow the complaint review process or timelines specified in the Act and Regulations.

DECISION

10I find that the Applicant has not made a formal complaint pursuant to section 119 of the Act and Ontario Regulation 156/18. As such, the CFSRB does not have the jurisdiction to review the Application.

11The Application is therefore 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.