CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
TC
Applicant
-and-
Children and Family Services for York Region
Respondent
DECISION
Adjudicator: Tracy Foster
Indexed As: TC v Children and Family Services for York Region (CYFSA s.120)
WRITTEN SUBMISSIONS
TC, Applicant
Self-Represented
Children and Family Services for York Region, Respondent
Josephine Kiang, Counsel
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”).
2At the July 28, 2025 pre-hearing, the parties agreed to mediation and reached a settlement. The Settlement Agreement (“the Agreement”) is comprised of two main Terms, one of which has two parts (i.e., Terms 1a and b). The Agreement includes an implementation date of August 18, 2025, and a non-compliance date of August 25, 2025.
3The Respondent sent a letter to the Applicant on August 18, 2025 (“August 18 Letter”) in response to the Agreement.
4On August 18, 2025, the Applicant emailed the CFSRB (“August 18 Email”), copying the Respondent. In her email, the Applicant appeared to allege non-compliance with the Agreement.
5On August 26, 2025, the day after the non-compliance date, the CFSRB sent an email to the Applicant, copying the Respondent, asking the Applicant if she was formally alleging non-compliance in her August 18 Email. The CFSRB did not receive a response.
6On September 3, 2025, the CFSRB sent a second email to the Applicant, copying the Respondent, asking her to confirm whether the August 18 Email was an allegation of non-compliance, and if so, requested that she reply and explain which term of the Settlement Agreement she believed was not complied with, and why she believes the Respondent did not comply.
7Later, on September 3, 2025, the Applicant emailed the CFSRB (“September 3 Email”), copying the Respondent confirming that she was alleging non-compliance in the August 18 Email. In her September 3 Email, the Applicant expanded on her allegations of non-compliance with Term 1a, and raised new issues regarding the Respondent. This decision will not deal with any new issues outside of the Agreement.
8On September 5, 2025, the CFSRB sent a Case Management Direction to the parties directing that, “By September 11, 2025, the Respondent may respond in writing, copying the Applicant, to the Applicant’s allegations of non-compliance.” The CFSRB did not receive a reply from the Respondent.
9On September 18, 2025, the Respondent emailed the CFSRB, copying the Applicant, indicating that its counsel had been out of the office and missed the response deadline. The Respondent requested an extension to submit its response by September 24, 2025. The CFSRB granted this extension.
10On September 24, 2025, the CFSRB received a letter from the Respondent (“September 24 Letter”) in response to the Applicant’s August 18 Email and September 3 Email.
ISSUE
11The issue is:
Has the Respondent complied with Term 1a of the Agreement?
RESULT
12I find that that the Respondent has partially complied with Term 1a of the Agreement.
HEARING FORMAT
13Rule 8.1 in the CFSRB Rules of Procedure outlines that the CFSRB may conduct hearings orally, in writing, or electronically by teleconference or video-conference.
14Based on the submissions of the Respondent and the Applicant, I find that there is sufficient evidence before me to decide the issue of non-compliance in writing, without a further videoconference.
ANALYSIS
Term 1a of the Agreement has not been fully met
15Term 1a (“the Term”) of the Agreement sets out that the Respondent shall provide a letter to the Applicant outlining:
a. A progress update on the paternity test for the Children’s alleged father.
16The Respondent’s August 18 Letter offered the following response to the Term:
“On July 30, 2025, the Society Family Connections Worker reached out to the children’s alleged father. He has agreed to complete the DNA paternity test. He needs to provide his doctor’s address as the Society needs to send the paternity test to his doctor directly. The children’s alleged father has yet to provide the Society with his doctor’s contact information.”
17In her September 3 Email, the Applicant states that the Children’s alleged father informed her that the first contact he received from the Respondent was on “August 18, the same morning of the [Agreement] deadline.” In her August 18 Email, the Applicant states that, “The lack of communication, follow-through, and initiative on [the Respondent’s] part is not only unprofessional but has also caused unnecessary delays and stress.”
18In its September 24, 2025 Letter, the Respondent disagrees with the Applicant’s assertion that it only contacted the Children’s alleged father on August 18. The Respondent reiterates that it also contacted the alleged father on July 30 as per its August 18 Letter. Additionally, the Respondent notes that it does not have the consent of the children’s alleged father to share further information with regards to its contact with him.
19Under sections 120(4)4 and 120(4)5 of the Act, the CFRSB has limited jurisdiction. The CFSRB may order a society to provide written reasons for a decision or dismiss the complaint. The CFSRB does not have jurisdiction to determine the validity of the Respondent’s decisions or substantive actions it may have taken, but rather focuses on the quality of communication between the Respondent and the Applicant.
20I find that the Respondent has partially complied with Term 1a. The Respondent shared the communication dates and outstanding requirements of the Children’s alleged father (doctor’s address and contact information), but it did not provide details that would help the Applicant to understand any next steps it may take.
ORDER
21By October 14, 2025, the Respondent shall provide a letter to the Applicant which includes the following information:
a. The current status of any additional contact dates with the alleged father of the Children about the paternity test.
b. The next steps, follow up or requirements the Respondent may take in order to facilitate the paternity test, if any.
22The CFSRB’s file is now closed.
CONFIDENTIALITY ORDER
23Pursuant 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