The respondent Children's Aid Society brought a motion to dismiss the applicant parent's complaint on the basis that the Child and Family Services Review Board lacked jurisdiction.
The respondent argued that the issues raised in the complaint were not separate and different from the substantive issues currently before the court in ongoing child protection proceedings.
The Board found that complaints regarding the suitability of the kinship caregiver and the placement of the children were currently before the court and must be dismissed pursuant to s. 120(8)(a) of the Child, Youth and Family Services Act, 2017.
However, the Board allowed the application to proceed on the remaining issues, including the respondent's alleged failure to hear the applicant regarding her strengths as a parent, her request for a change of worker, and the lack of reasons for refusing to assess an alternate kin plan.