CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
PO
Applicant
-and-
The Children's Aid Society of Ottawa
Respondent
DECISION
Adjudicator: Tracy Foster
Indexed As: PO v The Children's Aid Society of Ottawa (CYFSA s.120)
OVERVIEW
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, S.O. 2017, c.14, Sched.1 (the “Act”).
2The Applicant is the father of the Child listed in the Application. The Applicant complains that the Respondent has refused to intervene and exercise their discretion to order access to the Child listed under a condition of a Court Undertaking.
ISSUE
3The issue is:
Is the Application eligible for review by the CFSRB?
RESULT
4The CFSRB finds the application is not eligible for review. The issue brought forward in the Application is currently before the courts.
ANALYSIS
The CFSRB cannot review an issue before the courts
5Pursuant to s.120(8) of the Act, the CFSRB shall not conduct a review of a complaint under this section if the subject of the complaint is an issue that has been decided by the court or is before the court.
6The Applicant provided a copy of a Family Court Temporary Order dated May 16, 2025 (“Order”) and a Form 10 Undertaking dated August 8, 2025 (“Undertaking”).
7The Order states that “[the Applicant] shall remain in his car at all times during exchanges at [the Child’s mother’s] home.” In the Application, the Applicant notes that the Undertaking was issued due to his breaching the Order by getting out of his car to hug the Child. The Order states, “Access to your children is at the discretion of the Children’s Aid Society or a Family Court order that post dates this release order.”
8I find that the Applicant’s concern regarding access is an issue that is before the Courts.
9I find that the CFSRB does not have jurisdiction to review this Application.
ORDER
14The Application is dismissed.
CONFIDENTIALITY ORDER
15Pursuant 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.
Tracy Foster
Tracy Foster
Member