KA v. Family and Children Services Niagara, 2024 CFSRB 107

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

KA Applicant

-and-

Family and Children Services Niagara Respondent

DECISION

Adjudicator: Caroline Sand Date: October 11, 2024 Citation: 2024 CFSRB 107 Indexed As: KA v Family & Children Services Niagara (CYFSA s.120)

Introduction

1This is an Application filed under section 120 of the Child, Youth and Family Services Act, 2017, S.O. 2017, c.14, Sched.1, (the “Act”).

BACKGROUND

2The Applicant is the child’s “auntie,” a close family friend. She claims that the Society has not heard her, or the child’s mother’s concerns about the child because of his appearance and condition in foster care when she has visited him. She has also applied to be considered as a kinship placement for the child and believes the Society has made unfounded statements about her regarding being considered.

3The Applicant previously filed Application CA24-0159, which the CFSRB determined was not eligible for review. The previous decision briefly explained that because the Applicant is not a parent or a child, and because the Applicant did not complain to the Society using the required format, the Application was not eligible for review.

4The Applicant has now filed a new Application, which complies with the required format for formal complaints made to the Society.

5The previous decision did not fully explain the reason why the Application cannot be reviewed by the CFSRB. This Decision provides more clarity as to why the Application remains ineligible for review.

the law

6The previous decision set out the relevant law, namely subsections 120(4), and 15(2) of the Act and section 56 of Ontario Regulation 156/18.

7Importantly, the first subsection of 120 states:

(1) 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…

ANALYSIS

7The Act sets out that only those who “sought or received a service” from a society may complain to the society, or the CFSRB. The Applicant is not someone who has sought or received services from the society as contemplated by the definition of “service” under s.2.1 of the Act.. The Applicant expressed concern to the society for the child as a member of the child’s community. Only people who have “sought or received a service” from the society are eligible to have their complaints reviewed at the CFSRB. Referrals from the community are not considered services “sought or received”.

8Moreover the Applicant’s request to become a kinship placement through the society, does not constitute a “service sought or received.”

8Therefore, despite complying with the correct format for a complaint, the CFSRB lacks jurisdiction to review this 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.