CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
KS
Applicant
-and-
Catholic Children's Aid Society of Hamilton
Respondent
DECISION
Adjudicator: Tracy Foster
Indexed as: KS v Catholic Children Aid Society of Hamilton (CYFSA s.120)
Introduction
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 father of a child (“ZS”). The Applicant complains that the Respondent allegedly closed its investigation involving ZS despite ongoing and escalating risk factors at the time of closure.
3This decision explains why the Application is not eligible for review by the CFSRB.
analysis
4In paragraph 6 of the Application, where an applicant identifies why they have applied to the CFSRB, the Applicant checked off the following boxes:
The Society refused to proceed with your complaint.
The Society did not follow its complaint review process or timelines.
The CFSRB Can Only Review Formal Complaints Made to the Society that Comply with the Regulation
5The only boxes checked by the Applicant relate to the Society not proceeding with his complaint. These boxes refer to the Society’s Internal Complaints Review Panel (ICRP).
6Section 56 of Ontario Regulation 156/18 General Matters Under the Authority of the Minister (the “Regulation”) states:
A complaint to a society under subsection 119(1) of the Act must be made in the form entitled “Formal Complaint to a Society’s Internal Complaints Review Panel (ICRP)” and dated 2020/11, available on a website of the Government of Ontario.
7Subsection 119(2) of the Act requires that a complaint to a children’s aid society be made in the format set out in the Regulation. This includes the filing of a specific “Formal Complaint to a Society’s Internal Complaints Review Panel (ICRP)” form. Subsections 120(4)1, 120(4)2, and 120(4)3 of the Act permit the CFSRB to review the way a children’s aid society has dealt with a section 119 complaint only when the complaint is in the required format.
8The Applicant did not file or provide information in his Application to support that he made a complaint to the Respondent in the form required by the Regulation.
9This contrasts with complaints regarding not being heard or provided with reasons for decisions that affect a complainant’s interest which fall under Sections 120(4)4 and 120(4)5 of the Act.
10As such, the CFSRB lacks the jurisdiction to review whether the Respondent refused to proceed with the Applicant’s complaint.
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.
Tracy Foster
Tracy Foster
Member