CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
KA
Applicant
-and-
The Children’s Aid Society of the Niagara Region
Respondent
DECISION
Adjudicator: Alexandra Barthos
Indexed As: KA v The Children’s Aid Society of the Niagara Region (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”).
2On November 20, 2024, the CFSRB found the Application eligible to proceed under sections 120(4)1, 120(4)2, and 120(4)3 of the Act.
3The CFSRB has no authority to review the Applicant’s other complaints, including that the Respondent failed to meaningfully engage with her when she put herself forward as a kinship provider.
4On January 7, 2025, pursuant to Rule 8.1 of the CFSRB’s Rules of Procedure, and with the parties’ consent, the CFSRB directed that the hearing of this Application would be conducted in writing.
ISSUES
5The issues are:
a. Whether the Respondent refused to proceed with the Applicant’s complaint (s. 120(4)1 of the Act);
b. Whether the Respondent failed to proceed with the Applicant’s complaint within the required timeframe (s. 120(4)2 of the Act); and
c. Whether the Respondent failed to comply with the Internal Complaint Review Procedure or with any other procedural requirements (s. 120(4)3 of the Act).
RESULT
6The Respondent did not refuse to proceed with the Applicant’s complaint. The Respondent did not fail to respond to the Applicant’s complaint within the required timeframe. The Respondent did not fail to comply with the Internal Complaint Review Procedure.
7The Application is dismissed.
ANALYSIS
a. Complaint Under Section 120(4)1 of the [Act](https://www.canlii.org/en/on/laws/stat/so-2017-c-14-sch-1/latest/so-2017-c-14-sch-1.html)
8The Respondent received the Applicant’s complaint on September 30, 2024.
9Via a registered letter dated September 30, 2024 (“the registered letter”), which was delivered October 2, 2024, the Respondent confirmed receipt of the Applicant’s correspondence, identified that the Applicant’s complaint was eligible for a formal review, and stated that the Respondent, “would be pleased to convene an Internal Complaints Review Panel.”
10The registered letter stated that the Internal Complaints Review Panel (the “Panel”) had been convened for Thursday, October 10, 2024, at 10:30 am, but could be rescheduled if the date and/or time was inconvenient for the Applicant.
11The registered letter requested that the Applicant contact the Respondent by Friday, October 4, 2024, to confirm her attendance at the Panel on October 10, 2024, or to suggest an alternate date.
12The Respondent did not receive a response to the registered letter. The Respondent attempted to contact the Applicant by telephone three times on October 7, 2024, but was unsuccessful in reaching the Applicant and was unable to leave a voicemail.
13The Panel scheduled for October 10, 2024, was cancelled by the Respondent after the Respondent failed to hear back from the Applicant.
14The Applicant states that she did not receive the registered letter from the Respondent, which was not picked up from the Applicant’s post office box and was eventually returned to the Respondent as unclaimed.
15It is unfortunate that the Applicant did not receive the registered letter. However, this does not mean that the Respondent failed to discharge its statutory obligation to review and attempt to resolve the Applicant’s complaint.
16I find that the Respondent received the Applicant’s complaint and took appropriate measures to convene the Panel to investigate it.
b. Complaint Under s. 120(4)2 of the [Act](https://www.canlii.org/en/on/laws/stat/so-2017-c-14-sch-1/latest/so-2017-c-14-sch-1.html)
17Pursuant to s. 120(4)2 of the Act, the CFSRB has the power to investigate whether the Respondent failed to respond to the Applicant’s complaint within the timeframe required by O. Reg. 156/18: General Matters under the Authority of the Minister (“the Regulations”).
18Under sections 57 and 61 of the Regulations, the Respondent was required to determine whether the Applicant’s complaint was eligible for review within seven days and hold the Panel within fourteen days.
19The complaint was made on September 30, 2024. The same day, on September 30, 2024, the Respondent prepared a letter to be sent by registered mail to the Applicant advising that the Panel had been convened for October 10, 2024.
20Both the seven-day timeline prescribed by s. 57 of the Regulations and the fourteen-day timeline prescribed by s. 61 of the Regulations were met by the Respondent in this case.
21I find that the Respondent did not fail to respond to the Applicant’s complaint within the timeframe required by the Regulations.
c. Complaint Under s. 120(4)3 of the [Act](https://www.canlii.org/en/on/laws/stat/so-2017-c-14-sch-1/latest/so-2017-c-14-sch-1.html)
22The final issue is whether the Respondent failed to comply with the Internal Complaint Review Procedure or with any other procedural requirements under the Act.
23The Applicant’s complaint was delivered on September 30, 2024. On the same date, September 30, 2024, the Respondent determined the complaint was eligible for review.
24The Respondent prepared a registered letter to the Applicant, which was delivered to her post office box on October 2, 2024, advising that the Panel would be convened on October 10, 2024, subject to the availability of the Applicant. The letter requested the Applicant contact the Respondent by Friday, October 4, 2024, to confirm her attendance for the Panel on October 10, 2024, or to suggest an alternate date.
25The registered letter was eventually returned to the Respondent as unclaimed.
26When no response was received, three follow-up phone calls were made by the Respondent to the Applicant on October 7, 2024. The Respondent was unable to reach the Applicant on October 7, 2024, and was unable to leave a voicemail.
27It was reasonable for the Respondent to communicate with the Applicant about her complaint via a registered letter to her home address as she had provided it to the Respondent. When the Respondent did not hear from the Applicant, it was reasonable for the Respondent to try to contact her via telephone. The Applicant had also provided her telephone number to the Respondent in the complaint form.
28It is regrettable that the Applicant missed the initial delivery of the registered letter on October 2, 2024, and the notice card that was left by the postal service. It is also regrettable that the Applicant missed the Respondent’s phone calls on October 7, 2024, and that the Respondent was unable to leave a voicemail.
29The Respondent must marshal its resources efficiently. The ability of the Respondent to follow up with complainants is not unlimited.
30Following her complaint to the Respondent, the Applicant was forthwith provided with the opportunity to have her concerns addressed before the Panel.
31In the circumstances it cannot be said that the Respondent failed to comply with the Internal Complaints Review Procedure.
32I find that the Respondent complied with the Internal Complaints Review Procedure.
Decision
33The Respondent did not refuse to proceed with the Applicant’s complaint pursuant to s. 120(4)1 of the Act.
34The Respondent did not fail to proceed with the Applicant’s complaint within the required timeframe pursuant to s. 120(4)2 of the Act.
35Finally, the Respondent did not fail to comply with the Internal Complaint Review Procedure pursuant to s. 120(4)3 of the Act.
ORDER
36The Application is dismissed.
CONFIDENTIAL ORDER
37Pursuant 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.
Dated at Southgate, Ontario on March 10, 2025.
Alexandra Barthos
Alexandra Barthos
Member```