MD v. Tikinagan Child and Family Services, 2024 CFSRB 89

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

MD

Applicant

-and-

Tikinagan Child and Family Services

Respondent

DECISION

Adjudicator: Catherine Bickley

Date: August 15, 2024

Citation: 2024 CFSRB 89

Indexed As: MD v Tikinagan Child and Family Services (CYFSA s.120)

Introduction

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, SO 2017, c.14, Sched.1 (the “Act”).

issue

2Is the Application eligible for review by the CFSRB?

result

3The Application is not eligible for review and must be dismissed.

analysis

4In February 2024, after two foster children had been removed from her care, the Applicant filed a section 120 Application with the CFSRB. On March 6, 2024, the Application was dismissed as outside the CFSRB’s jurisdiction.

5The Applicant then filed a section 109 Application with the CFSRB. She subsequently withdrew that Application.

6The current Application is about the Applicant’s concerns for the children’s wellbeing since they were removed from her care.

7In order for an Application under section 120 of the Act to be eligible for review by the CFSRB, the Applicant must have been seeking or receiving a service from a children’s aid society.

8Foster parents are typically considered to be service providers rather than service recipients. The CFSRB has found foster parents to be service recipients where they are subject to a child protection investigation. That is not the case here. As a result, the Application is not eligible for review by the CFSRB.

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 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.