CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
SS
Applicant
-and-
The Children’s Aid Society of Toronto
Respondent
INTERIM DECISION
Adjudicator: Tracy Foster
Indexed As: SS v The Children’s Aid Society of Toronto (CYFSA s.120)
OVERVIEW
1This is an Application filed 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 children’s foster parent. One child lived with him for eight years and the other child for 10 years. He claims the Respondent has not heard his concerns regarding the removal of the children from his home and decision to close his foster home due to the Applicant’s son’s criminal charges involving child pornography.
3This decision explains why the Application is not eligible for review by the CFSRB.
ISSUE
4The issue is:
a. Is the Application eligible for review by the CFSRB?
RESULT
5The CFSRB finds that the Application is not eligible for review.
ANALYSIS
6In paragraph 6 of the Application, where an applicant identified why they have applied to the CFSRB, the Applicant checked off the following box:
- The Society did not give you a chance to be heard when decisions that affected your interests were made
The CFSRB Cannot Review a Non-Parent’s Complaints about Not Being Heard
7The only box checked by the Applicant relates to the right to be heard, Section 120(4)4 of the Act.
8Section 120(4)4 defines complaints that the CFSRB may review: “Allegations that the society has failed to comply with subsection 15 (2).” Subsection 15(2) of the Act limits the right to be heard to “children and young persons and their parents.”
9Section 120(4)4 is therefore limited to “children and young persons and their parents.” This contrasts with Section 120(4)5 which relates to complaints about not being provided with reasons for decisions that affect a complainant’s interests, which applies more broadly.
10As such, the CFSRB does not have the jurisdiction to review the Applicant’s complaints about not being heard by the Respondent.
ORDER
11The Application is dismissed.
CONFIDENTIALITY ORDER
12Pursuant 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 Toronto, June 04, 2025.
Tracy Foster
Tracy Foster
Member