CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
MB Applicant
-and-
Durham Children’s Aid Society Respondent
DECISION
Adjudicator: Caroline Sand Date: May 08, 2024 Citation: 2024 CFSRB 54 Indexed As: MB v Durham Children’s Aid Society (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”).
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.
background
5The applicant is the grandmother of the child RF. She is concerned about her granddaughter’s safety and wellbeing and wants to be able to play a supportive role in her granddaughter’s life.
ANALYSIS
6In paragraph 6 of the Application, where an applicant identifies why they have applied to the CFSRB, the Applicant checked off the following boxes:
- The Society did not give you a chance to be heard when you raised your concerns;
- The Society did not give you a chance to be heard when decisions that affected your interests were made; and
- The Society did not give you reasons for its decisions that affect your interests
7Subsection 15(2) of the Act limits the right to be heard to “children and young persons and their parents”. The definition of “parent” in the Act does not include grandparents.
8As such, the CFSRB does not have the jurisdiction to review the Applicant’s complaints about not being heard by the Respondent.
9Furthermore, the Society is only required to provide reasons for its decisions for those “seeking or receiving” services. Subsection 120(1) of the Act refers to “complaints in respect of a service sought or received from a society.” The applicant is not “seeking or receiving a service,” as has been defined by the Act.
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 Choose an item., 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, May 09, 2024.
Caroline Sand
Caroline Sand.
Vice-Chair