Category:CFSRB: Difference between revisions

Tribunal Powers under the Child, Youth, and Family Services Act, 2017^[1]=

119 (1) A person may make a complaint to a society relating to a service sought or received by that person from the society in accordance with the regulations.

(2) Where a society receives a complaint under subsection (1), it shall deal with the complaint in accordance with the complaint review procedure established by regulation, subject to subsection 120 (2).

(3) A society shall make information relating to the complaint review procedure available to the public and to any person upon request.

(4) Subject to subsection (5), the decision of a society made upon completion of the complaint review procedure is final.

(5) If a complaint relates to one of the following matters, the complainant may apply to the Board in accordance with the regulations for a review of the decision made by the society upon completion of the complaint review procedure:

2. Any other prescribed matter.

(6) Upon receipt of an application under subsection (5), the Board shall give the society notice of the application and conduct a review of the society’s decision.

(7) The Board shall be composed of members with the prescribed qualifications and prescribed experience.

(8) The Board may hold a hearing and, if a hearing is held, the Board shall comply with the prescribed practices and procedures.

(9) The Statutory Powers Procedure Act does not apply to a hearing under this section.

(10) Upon completing its review of a decision by a society in relation to a complaint, the Board may,

(a) in the case of a matter described in subsection 120 (4), make any order described in subsection 120 (7), as appropriate;

(b) redirect the matter to the society for further review;

(c) confirm the society’s decision; or

(d) make such other order as may be prescribed.

(11) A society shall not conduct a review of a complaint under this section if the subject of the complaint,

(a) is an issue that has been decided by the court or is before the court; or

(b) is subject to another decision-making process under this Act or the Labour Relations Act, 1995.

(Children’s, young persons’ rights to respectful services)

(c) the person with whom the child was placed under an order for society supervision described in clause 116 (1) (a);

(d) the person to whom custody of the child was granted, if the child is subject to an order for custody described in clause 116 (1) (b);

(e) a foster parent, if the child has lived continuously with the foster parent for at least two years immediately before the application; or

(f) in the case of a First Nations, Inuk or Métis child, a person described in clause (a), (b), (c), (d) or (e) or a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.

When leave to apply required (5) Despite clause (4) (b), a parent of a child shall not make an application under subsection (4) without leave of the court if the child has, immediately before the application, received continuous care for at least two years from the same foster parent or from the same person under a custody order.

Notice (6) A society making an application under subsection (2) or receiving notice of an application under subsection (4) shall give notice of the application to,

(a) the child, except as otherwise provided under subsection 79 (4) or (5);

(b) the child’s parent, if the child is younger than 16;

(c) the person with whom the child was placed, if the child is subject to an order for society supervision described in clause 116 (1) (a);

(d) the person to whom custody of the child was granted, if the child is subject to an order for custody described in clause 116 (1) (b);

(e) any foster parent who has cared for the child continuously during the six months immediately before the application; and

(f) in the case of a First Nations, Inuk or Métis child, the persons described in clause (a), (b), (c), (d) or (e) and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.

Six-month period (7) No application shall be made under subsection (4) within six months after the latest of,

(a) the day the order was made under subsection 101 (1) or 116 (1), whichever is applicable;

(b) the day the last application by a person under subsection (4) was disposed of; or

(c) the day any appeal from an order referred to in clause (a) or a disposition referred to in clause (b) was finally disposed of or abandoned.

Exception (8) Subsection (7) does not apply if,

(a) the child is the subject of,

(i) an order for society supervision made under clause 116 (1) (a),

(ii) an order for custody made under clause 116 (1) (b), or

(iii) an order for extended society care made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c) and an order for access under section 104; and

(b) the court is satisfied that a major element of the plan for the child’s care that the court applied in its decision is not being carried out.

No review if child placed for adoption (9) No person or society shall make an application under this section with respect to a child who is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c) who has been placed in a person’s home by the society or by a Director for the purposes of adoption under Part VIII (Adoption and Adoption Licensing), if the child still resides in the person’s home.

Interim care and custody (10) If an application is made under this section, the child shall remain in the care and custody of the person or society having charge of the child until the application is disposed of, unless the court is satisfied that the child’s best interests require a change in the child’s care and custody.

Court order 116 (1) If an application for review of a child’s status is made under section 115, the court may, in the child’s best interests,

(a) order that the child be placed in the care and custody of a parent or another person, subject to the supervision of the society, for a specified period of at least three months and not more than 12 months;

(b) order that custody be granted to one or more persons, including a foster parent, with the consent of the person or persons;

(c) order that the child be placed in extended society care until the order is terminated under this section or expires under section 123; or

(d) terminate or vary any order made under section 101 or this section. 2017, c. 14, Sched. 1, s. 116 (1).

Variation, termination or new order (2) When making an order under subsection (1), the court may, subject to section 105, vary or terminate an order for access or make a further order under section 104. 2017, c. 14, Sched. 1, s. 116 (2).

Termination of extended society care order (3) Any previous order for extended society care made under paragraph 3 of subsection 101 (1) or clause (1) (c) is terminated if an order described in clause (1) (a) or (b) is made in respect of a child. 2017, c. 14, Sched. 1, s. 116 (3).

Terms and conditions of supervision order (4) If the court makes a supervision order described in clause (1) (a), the court may impose,

(a) reasonable terms and conditions relating to the child’s care and supervision;

(b) reasonable terms and conditions on,

(i) the child’s parent,

(ii) the person who will have care and custody of the child under the order,

(iii) the child, and

(iv) any other person, other than a foster parent, who is putting forward a plan or who would participate in a plan for care and custody of or access to the child; and

(c) reasonable terms and conditions on the society that will supervise the placement, but shall not require the society to provide financial assistance or purchase any goods or services. 2017, c. 14, Sched. 1, s. 116 (4).

Access (5) Section 105 applies with necessary modifications if the court makes an order described in clause (1) (a), (b) or (c). 2017, c. 14, Sched. 1, s. 116 (5).

Proceedings under Children’s Law Reform Act (6) If an order is made under this section or a proceeding is commenced under this Part, any proceeding under the Children’s Law Reform Act respecting decision-making responsibility, parenting time or contact with respect to the same child is stayed, except by leave of the court in the proceeding under that Act. 2020, c. 25, Sched. 1, s. 26 (5).

Rights and responsibilities (7) A person to whom custody of a child is granted by an order under this section has the rights and responsibilities of a parent in respect of the child and must exercise those rights and responsibilities in the best interests of the child. 2017, c. 14, Sched. 1, s. 116 (7).

Section Amendments with date in force (d/m/y)

Director’s annual review of children in extended society care 117 (1) A Director or a person authorized by a Director shall, at least once during each calendar year, review the status of every child,

(a) who is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c);

(b) who was in extended society care under an order described in clause (a) throughout the immediately preceding 24 months; and

(c) whose status has not been reviewed under this section or under section 116 during that time.

Direction to society (2) After a review under subsection (1), the Director may direct the society to make an application for review of the child’s status under subsection 115 (2) or give any other direction that, in the Director’s opinion, is in the child’s best interests.

Investigation by judge 118 (1) The Minister may appoint a judge of the Court of Ontario to investigate a matter relating to a child in a society’s care or the proper administration of this Part, and a judge who is appointed shall conduct the investigation and make a written report to the Minister.

Application of Public Inquiries Act, 2009 (2) Section 33 of the Public Inquiries Act, 2009 applies to an investigation by a judge under subsection (1).

Complaint to society 119 (1) A person may make a complaint to a society relating to a service sought or received by that person from the society in accordance with the regulations.

Complaint review procedure (2) Where a society receives a complaint under subsection (1), it shall deal with the complaint in accordance with the complaint review procedure established by regulation, subject to subsection 120 (2).

Public availability (3) A society shall make information relating to the complaint review procedure available to the public and to any person upon request.

Society’s decision (4) Subject to subsection (5), the decision of a society made upon completion of the complaint review procedure is final.

Application for review by Board (5) If a complaint relates to one of the following matters, the complainant may apply to the Board in accordance with the regulations for a review of the decision made by the society upon completion of the complaint review procedure:

1. A matter described in subsection 120 (4).

2. Any other prescribed matter.

Review by Board (6) Upon receipt of an application under subsection (5), the Board shall give the society notice of the application and conduct a review of the society’s decision.

Composition of Board (7) The Board shall be composed of members with the prescribed qualifications and prescribed experience.

Hearing optional (8) The Board may hold a hearing and, if a hearing is held, the Board shall comply with the prescribed practices and procedures.

Non-application (9) The Statutory Powers Procedure Act does not apply to a hearing under this section.

Board decision (10) Upon completing its review of a decision by a society in relation to a complaint, the Board may,

(a) in the case of a matter described in subsection 120 (4), make any order described in subsection 120 (7), as appropriate;

(b) redirect the matter to the society for further review;

(c) confirm the society’s decision; or

(d) make such other order as may be prescribed.

No review if matter within purview of court (11) A society shall not conduct a review of a complaint under this section if the subject of the complaint,

(a) is an issue that has been decided by the court or is before the court; or

(b) is subject to another decision-making process under this Act or the Labour Relations Act, 1995.

120 (1) If a complaint in respect of a service sought or received from a society relates to a matter described in subsection (4), the person who sought or received the service may,

(a) decide not to make the complaint to the society under section 119 and make the complaint directly to the Board under this section; or

(b) where the person first makes the complaint to the society under section 119, submit the complaint to the Board before the society’s complaint review procedure is completed.

(2) If a person submits a complaint to the Board under clause (1) (b) after having brought the complaint to the society under section 119, the Board shall give the society notice of that fact and the society may terminate or stay its review, as it considers appropriate.

(3) A complaint to the Board under this section shall be made in accordance with the regulations.

(4) The following matters may be reviewed by the Board under this section:

1. Allegations that the society has refused to proceed with a complaint made by the complainant under subsection 119 (1) as required under subsection 119 (2).

2. Allegations that the society has failed to respond to the complainant’s complaint within the timeframe required by regulation.

3. Allegations that the society has failed to comply with the complaint review procedure or with any other procedural requirements under this Act relating to the review of complaints.

4. Allegations that the society has failed to comply with subsection 15 (2).

5. Allegations that the society has failed to provide the complainant with reasons for a decision that affects the complainant’s interests.

6. Such other matters as may be prescribed.

(5) Upon receipt of a complaint under this section, the Board shall conduct a review of the matter.

(6) Subsections 119 (7), (8) and (9) apply with necessary modification to a review of a complaint made under this section.

(7) After reviewing the complaint, the Board may,

(f) make such other order as may be prescribed.

(8) The Board shall not conduct a review of a complaint under this section if the subject of the complaint,

(a) is an issue that has been decided by the court or is before the court; or

(b) is subject to another decision-making process under this Act or the Labour Relations Act, 1995.

References

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