Q and A from Bill 210 training #2
1
Client complaints
1. Do the agency/workers have an obligation to inform clients that they have the right to
put their complaint in writing so that it may go to the ICRP?
Yes workers do have an obligation to inform clients about their rights. This is currently in the
agency’s revised Complaints Fact Sheet. The Ministry has developed a complaint brochure
and copies are available in all Branches and the Ministry web site.
2. Process: Currently when a client calls a supervisor to complain about his/her worker,
the supervisor typically talks to the client over the phone and is usually able to
resolve matters at that point. Sometimes the supervisor also meets with the client
and worker to try to resolve these issues. Does the supervisor in the process of
taking the above steps need to inform the client of their right to put their complaint in
writing?
In this example, the service team should make every effort to try to resolve all issues with
clients first and our practice will continue in this manner. However, when it becomes clear
that there is no resolution, and the client continues to complain and feel that there is no
solution, we do need to remind them of their rights to access the complaint process.
3. Client complaints and e-mail: Does an email from clients that contains a complaint
automatically constitute a client complaint and initiate the process for an Internal
Complaint Review Panel (ICRP) process?
A complaint has to be both in writing and a complaint about services sought or received by
the complainant to initiate the ICRP. Emails have become an effective means of
communication with many of our clients and thus, it would depend on the content of the
email.
If the contents are part of an ongoing discussion about issues, then they may not constitute
a complaint in writing. For example, a worker receives an email that said -why are you
cancelling my visit this week? You would deal with as part of your ongoing case work
process with that client and resolve the matter. This is different than a client writing
something to the effect of: I am very dissatisfied with how that agency is treating me and I
do not agree with your overall opinion about my family and why you want us to attend
counseling. The latter might well be considered a complaint; it is clearly about case direction
and concern about services flowing from decisions made by the agency.
** If there is any doubt, consultation should be sought immediately with the Manager of
Client Service.
4. What process will our agency follow prior to complaints being reviewed by the ICRP?
The majority of complaints are resolved at the branch through discussions with the
client; do we continue to try to engage the client after they have made a complaint in
writing, while we wait until the ICRP meeting takes place? Further, what if we seem to
resolve the issue before the panel meeting takes place, do we need to follow any sort
of process?
A complaint in writing must be responded to in the prescribed method (ICRP). The
Regulation states: that "if at any point during a society's complaint review procedure the
complaint is resolved to the satisfaction of the complainant, the society shall confirm the
resolution in writing to the complainant.” The Manager of Client Services would be
responsible to detail this in writing to the client. There is then no need for the ICRP meeting.
Q and A from Bill 210 training #2
2
We should continue to try to reach a resolution at the service level, as long as the client is
still willing to engage in discussion about the issues with the service team.
New procedures have been written and distributed to all Branch Directors.
5. Can decisions to the CFSRB be appealed? Decisions cannot be appealed, but can be the
subject of an application for judicial review.
Custody orders
1. Under s. 57.1 can the court make a custody order in favor of a family member who
resides out of province? Yes, where the court finds that a child is in need of protection, the
court can make a custody order instead of another disposition under S.57. There is no limit
in the statute related to place of residence of the custodial party.
2. Will there be best practice guidelines for custody orders?
The Ministry has not indicated. The Agency’s Permanency Planning work group are
considering this as part of their work plan.
3. Who supervises access in situations where a crown ward has moved into a custody
arrangement via a section 65 custody order?
This will be determined through the work of the Permanency Planning work group.
Kinship
1. Fast Track: is it possible to use this in kin care/services situations if the persons in
the home over 18 all sign consent for us to check Fast Track?
No, the Ministry issued a directive that restricts access to Fast Track to Protection
investigations only.
2. Is there any exception to the 60 day time frame for the “Approved Place of Safety”
(Kin in Care)?
Places of Safety approved under Section 37(5) must comply with Foster Care Licensing
Standards within 60 days of approval.
3. Can the protection worker and kinship support worker close their respective files if
the kin family has not obtained legal custody?
Yes – legal custody is only one of the options in permanency planning. If a worker is
satisfied that a plan is safe and permanent for a child/youth i.e. based on their assessment,
the child is well integrated into the kin/kith home, and there are no impediments to the child
accessing education and health services, the worker could close the file without a legal
custody order.
4. What if a kin family member cannot afford to pay for obtaining legal custody?
There is duty counsel and/or advice counsel available at court for clients to access.
Q and A from Bill 210 training #2
3
Community Partners
How will Community partners be brought on board with the changes?
In December 2006, JFCS, CCAS and CAST and the Ministry jointly delivered 3 sessions to our
community partners which provided a broad orientation to Transformation. Attention will be paid
to this during the course of the next year by our Communications Department as well as by the
Differential Response work group in the context of the implementation of Differential Response.
It just been announced that the OACAS will take the lead in developing communications
materials to explain the Transformation Agenda and its main elements to the general public.
The focus will be to explain these changes in a clear, simple and consistent language that we
can all use with the media. The final product could look like a media or information kit containing
several backgrounders or information sheets, ideally one per initiative (History, Concept (house
with pillars, outcomes, etc.), Differential Response, Court Processes & ADR, Permanency
Planning, etc.). They hope to form an advisory group of field specialists from communications
and service with representation from around the province, who will help provide/correct
language and approve the material before distribution.
Mediation
What is the funding arrangement for mediation?
The agency is still waiting to hear from the Ministry about the available funding for mediation.