KAC v. Family and Children’s Services Niagara, 2024 CFSRB 20

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

KAC Applicant

-and-

Family and Children’s Services Niagara Respondent

DECISION

Adjudicator: Tamara Jordan Date: February 29, 2024 Citation: 2024 CFSRB 20 Indexed As: KAC v Family and Children’s Services Niagara (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”).

2This is the fifth application filed by the Applicant against this Respondent.

3In the current Application, the Applicant complains about information provided by the Respondent to the Court in commissioned documents. The Applicant also alleges that the Respondent has fraudulently commissioned documents for use in Court.

4This decision explains why the Application is not eligible for review by the CFSRB.

ANALYSIS

5A complaint to the CFSRB under subsection 120(1) of the Act must be in relation to a service sought or received from a children’s aid society.

6Under subsection 2(1) of the Act, the definition of “service” includes:

(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 a

(i) prescribed service;

7A children’s aid society’s preparation of and use of documents for Court purposes is not a “service” as defined under subsection 2(1) of the Act.

8The Applicant has not made a complaint related to a service as contemplated under subsection 120(1) of the Act that can be reviewed by the CFSRB.

9As such, the CFSRB has no jurisdiction to review the Application.

ORDER

10The Application is dismissed.

CONFIDENTIALITY ORDER

11Pursuant 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.