JM v. The Children’s Aid Society of Ottawa, 2024 CFSRB 139

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

JM Applicant

-and-

The Children’s Aid Society of Ottawa Respondent

DECISION

Adjudicator: Tamara Jordan

Date: November 22, 2024

Citation: 2024 CFSRB 139

Indexed As: JM v The Children’s Aid Society of Ottawa (CYFSA s.120)

APPEARANCES

JM, Applicant

Self-represented

The Children’s Aid Society of Ottawa, Respondent

Tara MacDougall, Counsel

OVERVIEW

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, S.O. 2017, c.14, Sched.1.

2At the August 9, 2024, pre-hearing, the parties agreed to mediation and reached a settlement of the Application. The Settlement Agreement is comprised of one main term with five parts (i.e., Terms 1a, b, c, d and e). It includes an implementation date of September 27, 2024, and a non-compliance date of October 4, 2024.

3On October 2, 2024, the Applicant emailed the CFSRB, copying the Respondent, alleging that the Respondent had not complied with the Settlement Agreement (“Applicant’s October Email”).

4On October 11, 2024, the Respondent emailed the CFSRB, copying the Applicant, with submissions in response to the Applicant’s October Email. This included the Respondent’s letter to the Applicant dated September 27, 2024, responding to the Settlement Agreement (Respondent’s “September 27 Letter”), Contact Logs documenting meetings between the Applicant and Respondent workers, and the Respondent’s letter to the Applicant dated October 11, 2024 responding specifically to Term 1d in the Settlement Agreement (Respondent’s “October 11 Letter”).

October 25, 2024, Non-Compliance Videoconference

5The CFSRB held a non-compliance videoconference on October 25, 2024, at which the parties made oral submissions further to the Applicant’s allegations of non-compliance and the parties considered resolution of the terms in dispute.

6During the non-compliance videoconference, the Applicant agreed that the Respondent had complied with the first three terms of the Settlement Agreement. Specifically, the Applicant agreed that: the Respondent had assigned a new worker, SS, and supervisor, LL, with no previous involvement with the Applicant’s file to assume carriage of the Applicant’s file (Term 1a); SS and LL met with the Applicant to hear his concerns (Term 1b); and SS reviewed the steps taken in the Applicant’s file to address and document these (Term 1c).

7The Applicant submitted that the Respondent had not complied with the fourth and fifth terms (i.e., Terms 1d and 1e). The Respondent submitted that it had complied with these terms and relied on its correspondence filed with the CFSRB, including the Respondent’s September 27 Letter.

ISSUE

8The issue is:

a. Has the Respondent complied with Terms 1d and 1e of the Settlement Agreement?

RESULT

9The CFSRB finds that the Respondent has complied with Terms 1d and 1e of the Settlement Agreement.

ANALYSIS

Term 1(d)

10Terms 1(d) of the Settlement Agreement is as follows:

By September 13, 2024…The new worker shall compile a summary of resources and supports provided to the Mother in relation to the Applicant’s concerns and provide that to the Applicant in writing

11In its October 11 Letter, the Respondent noted that SS did not provide this letter to the Applicant by September 13, 2024, due to “oversight”. The October 11 Letter includes a point-form list of 10 items. Five of the 10 points summarize resources or supports provided specifically to the mother of the Applicant’s children (“Mother”) including a doula, a public health nurse, community-based counselling services, a referral to a Supervised Access Centre, and information relating to parenting communication applications. The other five points summarize information related to supports provided to the Applicant’s children.

12At the non-compliance videoconference, the Respondent identified that it could not provide more information related to the resources and supports it provided to the Mother without her consent. The Applicant acknowledged he received the October 11 Letter in response to Term 1d and understood the privacy interests of the Mother. The Applicant stated that he sought more information related to the resources and supports provided to his children, including evidence from the Respondent related to these.

13The Applicant stated that he can obtain information directly from organizations referenced by the Respondent but has not received this information from the Respondent. The Respondent submitted that there was no obligation on the part of the Respondent to provide evidence or documentation as part of Term 1d, just a summary of resources and supports provided to the Mother.

14I find that the Respondent provided the Applicant with a summary of five resources and supports it provided to the Mother, in addition to some additional information related to the children.

15While the Respondent provided the October 11 Letter to the Applicant approximately one month later than the Settlement Agreement prescribes, I find that a letter was nonetheless provided to the Applicant and it provides sufficient information in response to Term 1d.

16Thus, I find that the Respondent has effectively complied with Term 1d of the Settlement Agreement.

Term 1(e)

17Term 1(e) of the Settlement Agreement is as follows:

By September 13, 2024… [t]he new worker shall contact the Applicant to schedule a date for a follow up meeting to occur by September 27, 2024. At this follow up meeting, the new worker shall provide an assessment to the Applicant of whether the Applicant’s concerns fall within the Child Welfare Eligibility Spectrum, what steps have been taken to address those concerns, and what, if any, further steps the Respondent will take to address the Applicant’s concerns. The Respondent shall provide reasons to the Applicant for any further steps taken/not taken.

18The Applicant stated that new worker SS contacted the Applicant by September 13, 2024 and the Applicant met with SS and her supervisor, LL, on September 26, 2024.

19The Respondent’s Contact Log dated September 26, 2024 summarizes a meeting held on that date with the Applicant, SS and LL, the purpose of which was to “go over the worries [the Applicant] has expressed to the Society, inform [the Applicant] of the Society’s position regarding the worries and the Society’s recommendations for the family”. As part of the Contact Log, the Respondent notes that “a letter summarizing today’s discussion will be sent to [the Applicant]”.

20Following the September 26, 2024 meeting, the Respondent sent the Applicant its September 27 Letter. The first paragraph of the September 27 Letter briefly outlines the virtual meetings held between the Applicant and LL on September 3 and 5, 2024 and between the Applicant and SS on September 12, 2024 to hear the Applicant’s concerns; confirms that the Respondent completed a review of the Applicant’s concerns; and references the September 26, 2024 meeting with the Applicant, SS and LL at which the Respondent verbally discussed the results of the Respondent’s review of the Applicant’s concerns.

21The remainder of the Respondent’s four-page, single-spaced, September 27 Letter addresses the Applicant’s “worries” in four main sections under the following headings: 1) worries related to a) lack of communication, b) decision making authority and c) access and transitions; 2) worries related to the medical and dental care of the children; 3) worries related to the mental health of the children; and 4) worries about possible use of excessive force with the children. In each section, the Respondent outlines its assessment of the Applicant’s worries, explains whether the worries are child protection concerns or warrant intervention, and provides recommendations for next steps or follow up to the worries and the reasons for these (e.g., as part of its “recommendations and next steps” in response to the Applicant’s worries about communication, the Respondent provides recommendations including the use of a specific mobile phone application like Family Wizard for communication between the Applicant and the Mother and for the Applicant to participate in a local program addressing parenting through high conflict separation and divorce to address communication challenges between the parents). In its September 27 Letter, the Respondent also explains that it will continue to meet with the Applicant and the Mother monthly “to discuss progress with the recommendations and next steps that were outlined”.

22While the Respondent’s Contact Log and September 27 Letter do not specifically use the term “Child Welfare Eligibility Spectrum” in its assessment of the Applicant’s concerns, I find that the September 27 Letter summarizes in plain language why the Applicant’s concerns are not child protection concerns warranting further intervention under the Child Welfare Eligibility Spectrum. For example, as part of its response to the Applicant’s concerns about communication issues as between the Applicant and the Mother, the Respondent notes, “challenging, inadequate or untimely communications are not in themselves a child protection matter unless it has produced harm to the children. Insufficient evidence of harm to the children resulting from lack of communication was found during the file review and as such, Society intervention is not warranted”.

23In the Applicant’s October Email, the Applicant acknowledges that the September 27 Letter summarizes the Respondent’s involvement but “lacks the necessary documentation and fails to provide any verifiable evidence or detailed case notes to support their conclusions”. In the Applicant’s October Email and during the non-compliance hearing, the Applicant expressed that he was dissatisfied with the Respondent’s response to his concerns. In the Applicant’s October Email, the Applicant states that he “believe[s] that a more thorough investigation is necessary to ensure that [his] children’s well-being is prioritized and the ongoing emotional harm caused by the lack of proper communication and access interference is addressed”.

24It is apparent that the Applicant cares deeply for his children and has concerns about their well-being. While the Applicant may be dissatisfied with the Respondent’s answer to Term 1e and had hoped that the Respondent may have taken further steps in response to the Applicant’s concerns about his children after sharing them with a new worker and her supervisor, the Respondent has met its obligations under this term.

25I find that a new worker and her supervisor met with the Applicant on September 26, 2024 and provided an assessment to the Applicant related to his concerns. I also find that the Respondent’s September 27 Letter explains: (1) why the Applicant’s concerns are not child protection concerns rising to the level of necessary intervention by the Respondent; (2) the steps the Respondent has taken to address the Applicant’s concerns; (3) the reasons why the Respondent will not or cannot take further action related to the Applicant’s specific concerns; and (4) the Respondent’s recommendations to the Applicant for next steps or follow up in relation to his concerns. I find that the Respondent was not required to provide specific “evidence” to the Applicant in support of its assessment nor undertake an investigation in response to Term 1e.

26Thus, I find that the Respondent has also complied with Term 1e of the Settlement Agreement.

27Having found that the Respondent has complied with the terms of the Settlement Agreement, the Application must now be closed.

ORDER

28The Application is closed as settled.

CONFIDENTIALITY ORDER

29Pursuant 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.