TD v. Children and Family Services for York Region, 2024 CFSRB 47

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

TD Applicant

-and-

Children and Family Services for York Region Respondent

DECISION

Adjudicator: Tamara Jordan Date: April 26, 2024 Citation: 2024 CFSRB 47 Indexed As: TD v Children and Family Services for York Region (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, S.O. 2017, c.14, Sched.1 (the “Act”).

2The Applicant is a grandmother of two children (the “Children”) named in the Application. The Applicant states she has made reports to the Respondent with concerns about the Children in the care of their father and his girlfriend and she has not received information from the Respondent relating to its investigation of her concerns.

3This decision explains why the Application is not eligible for review by the CFSRB.

ANALYSIS

4Subsection 120(1) of the Act states that, if a person has “a complaint in respect of a service sought or received from a society” and the complaint “relates to a matter described in subsection (4), the person who sought or received the service may decide” to make a complaint to either the society or the CFSRB.

5Subsection 2(1) of the Act defines what constitutes a “service” under the Act. This 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

(i) a prescribed service; (“service”);

6For a complaint to be eligible for review by the CFSRB under section 120 of the Act, an applicant must meet two threshold tests. First, an applicant must demonstrate that they have sought or received a service, as defined under the Act, from a children’s aid society or Indigenous child and family well-being agency. Once that is established, then the CFSRB must determine whether the applicant’s complaint set out in their application relates to the service they sought or received.

7The Applicant has not identified in the Application any service that she herself has sought or received from the Respondent. It appears that she has made referrals to the Respondent seeking that it investigate concerns related to the Children.

8The Application does not support that the Applicant has sought or received a service as defined in the Act. Thus, the Application does not meet the first threshold test for eligibility under section 120(1) of the Act.

9For these reasons, the Application is ineligible for review by the CFSRB.

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.