AD v. Children’s Aid Society of Toronto, 2024 CFSRB 6

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

AD Applicant

-and-

Children’s Aid Society of Toronto Respondent

DECISION

Adjudicator: Daniel McSweeney Date: January 26, 2024 Citation: 2024 CFSRB 6 Indexed As: AD v Children’s Aid Society of Toronto (CYFSA s.120)

INTRODUCTION AND BACKGROUND

1This is an Application (Complaint) 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”).

2After having reviewed the Complaint, I find that the CFSRB does not have jurisdiction to review the Complaint pursuant to sections 119 and 120 of the Act.

3The Applicant was a foster care provider to her niece and nephew (the “Children”). The Applicant alleged that she was eligible for $5,000 (Because You Care Funds) as of December 29, 2023, which the Respondent had denied due to a lack of funds. The Applicant ceased to be a foster parent on January 2, 2024.

THE LAW

1Section 120(4)4 of the Act indicates that the following matters may be reviewed by the Board:

1. 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)

2. Allegations that the society has failed to respond to the complainant’s complaint within the timeframe required by regulation

3. 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

4. Allegations that the society has failed to comply with subsection 15(2)

5. Allegations that the society has failed to provide the complainant with reasons for a decision that affects the complainant’s interests

6. Such other matters as may be prescribed

2Section 2(2) of the Act defines parent as:

a) The person who has lawful custody of the child; or

b) If more than one person has lawful custody of the child, all of the person who have lawful custody of the chid, excluding any person who is unavailable or unable to act, as the context requires

3Section 15(2) of the Act confirms that:

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

4Section 2(1) of the Act defines service as:

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 The Board shall not conduct a review of a complaint under this section if the subject of the complaint.

ANALYSIS

5The Applicant was a foster parent until January 2, 2024. The Complaint focused on the denial of funds earmarked to support foster parents. The Applicant indicated that she was eligible for the funds as of December 29, 2023, at which time she had the status as a foster parent.

6Under normal circumstances, foster parents are unable to have their section 120 complaints reviewed by the CFSRB as they are not parents; and they are not considered service recipients.

7Given the focus of the Complaint on the denial of funds targeting foster parents; and given that the Applicant was a foster parent at the time the funds were denied in December of 2023, I find that the Applicant does not have a right to be heard or to be provided with reasons for the Respondent’s decisions related to funding associated with her role as a foster care provider.

8As such, the CFSRB is not eligible to review the Applicant’s Complaint pursuant to section 120 of the Act.

DECISION

9The Application is therefore dismissed for lack of jurisdiction.

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.