FC v. Children’s Aid Society of Ottawa, 2024 CFSRB 61

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

FC Applicant

-and-

Children’s Aid Society of Ottawa Respondent

DECISION

Adjudicator: Caroline Sand Date: May 22, 2024 Citation: 2024 CFSRB 61 Indexed As: FC v Children’s Aid Society of Ottawa (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.

4Section 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

5The applicant is the grandmother of the child J.S. She is very concerned about the child’s wellbeing and is concerned that the Society has not responded to the many referrals made to them about the child.

ANALYSIS

6The applicant checked two boxes on the Application form in answer to Question 6 (Tell us why you are applying to the CFSRB):

• The Society refused to proceed with your complaint
• The Society did not follow its complaint review process or timelines

7Section 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 addition, 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.