CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
JC
Applicant
-and-
Family and Children’s Services (FACS) Niagara
Respondent
DECISION
Adjudicator: Caroline Sand
Indexed As: JC v Family and Children’s Services (FACS) Niagara (CYFSA s.120)
INTRODUCTION
1This is an Application filed with the Child and Family Services Review Board (“CFSRB”) under section 119 and 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
3Section 119(1) of the Act states:
A person may make a complaint to a society relating to a service sought or received by that person from the society in accordance with the regulations.
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.
5Section 56 of Ontario Regulation 156/18 General Matters Under the Authority of the Minister (the “Regulation”) states:
A complaint to a society under subsection 119(1) of the Act must be made in the form entitled “Formal Complaint to a Society’s Internal Complaints Review Panel (ICRP)” and dated 2018/03, available on a website of the Government of Ontario. [emphasis added]
BACKGROUND
6The applicant is the grandmother of the children AW, VW and EW. She is very concerned about their safety and wellbeing and has tried to get help for the children through the Society.
ANALYSIS
7The applicant checked two boxes on the Application form in answer to Question 6 (Tell us why you are applying to the CFSRB):
The Society did not give you a chance to be heard when you raised your concerns, and
The Society refused to proceed with your complaint
9Section 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.
10Section 119(1) of the Act requires complaints to a children’s aid society to be in the specific format set out in the Regulation, i.e., on the “Formal Complaint to a Society’s Internal Complaints Review Panel (ICRP)” form. In this case, the Applicant has not made a complaint to the Respondent on the required form. In any event, the applicant is not ‘seeking or receiving a service’ from the Society, as has been defined by the Act.
11For the above reasons, the CFSRB lacks jurisdiction to review the Application.
ORDER
12The Application is dismissed.
CONFIDENTIALITY ORDER
13Pursuant 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, May 10, 2024.
Caroline Sand
Caroline Sand
Vice-Chair