CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
RA
Applicant
-and-
Family and Child Services Niagara
Respondent
DECISION
Adjudicator: Caroline Sand
Indexed As: RA v Family and Child Services Niagara (CYFSA s.120)
Introduction
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, (the “Act”).
2This decision explains why the Application is not eligible for review by the CFSRB.
the law
3Subsection 120(4) of the Act states:
The following matters may be reviewed by the Board under this section:
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).
Allegations that the society has failed to respond to the complainant’s complaint within the timeframe required by regulation.
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.
Allegations that the society has failed to comply with subsection 15(2).
Allegations that the society has failed to provide the complainant with reasons for a decision that affects the complainant’s interests.
Such other matters as may be prescribed.
4Subsection 15(2) of the Act states:
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.
analysis
5In paragraph 6 of the Application, where an applicant identifies why they have applied to the CFSRB, the Applicant checked off the following box:
- The Society did not give you reasons for its decisions that affect your interests.
6The Applicant is the father of the child, EA. The Applicant explained that although his daughter signed the disclosure release form allowing him to have full disclosure of the Society’s records, he was denied this disclosure by the Society. The Applicant said that he was told by the Society that the reason he was denied access is that they determined the child was coerced into signing the disclosure release form.
7The Applicant included a written response from the Society in his Application. The written response states:
Insofar as your request for access to Erika Adamo’s information, the Agency has denied you access to the information requested based on CYFSA s. 295(1)(d) and PHIPA s.18(1)(d). We have information which indicates that consent was obtained via coercion and thereby it is not reasonable to accept it as a valid consent [CYFSA s.298 and PHIPA s.20(1)]
You may seek an Order of the Court to compel disclosure of the records, or you may submit a complaint to the Information and Privacy Commissioner.
8In his Application, the Applicant checked the box that indicates that the Society did not give him reasons for a decision that affects him, but it appears that the Applicant is asking the CFSRB to order the Society to provide the disclosure he seeks. Part X (Personal Information) of the CYFSA gives the Information and Privacy Commissioner jurisdiction over issues about access to personal information in the files of a children’s aid society. The CFSRB does not have jurisdiction to make such an order. The Society provided in its reasons to the Applicant, that he may seek an Order of the Court to compel disclosure of the records, or he may submit a complaint to the Information and Privacy Commissioner.
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.
Dated at Toronto, March 14, 2024.
Caroline Sand
Caroline Sand
Vice-Chair