How to make a complaint and what happens next.

Complaints Policy

This policy has been reviewed and updated to ensure compliance with the Child, Youth and Family Services Act, 2017 and Ontario Regulation 155/18. Updates include:

Clarifying a child’s right to make a complaint verbally or in writing, privately, and to any person they trust
Establishing a clear requirement to acknowledge all complaints within 24 hours
Requiring an assessment of immediate action and supports needed to participate in the complaint review process
Ensuring complaints affecting a child are documented in the child’s file, with cross-referencing where applicable
Aligning timelines and documentation requirements into a single, comprehensive procedure

Policy Overview

Complaints against the foster home and/or the Agency or Placing Agency must be reported and taken seriously by all parties. The nature and severity of complaints may vary greatly and can come from many sources. Specific procedures are given depending on the source and nature of the complaint. At all times, the safety and well-being of the child is paramount.

Verbal complaints must be documented and addressed in writing to the same criteria as written complaints. The complainant must at some point sign to verify a document outlining the complaint.

The person who is the subject of the complaint cannot be the one to respond to the complaint.

In all situations where there is a complaint against a foster home, it is the decision of the Agency alone to close the home. The Placing Agency may wish to remove its children from the home; however, they cannot determine how the Agency concludes the complaint process.

Where there is no protection concern and the complaint can be resolved without further involvement of protective services, all parties will seek to resolve the issue promptly and collaboratively.

Records of complaints added to the foster home file will include:

The circumstances of the complaint and possible investigation
Who was involved
The way in which the investigation was conducted
The recommendation
The action taken

Right to Make a Complaint

A child or young person in foster care has the right to make a complaint at any time regarding their care, treatment, or the actions or decisions of a foster parent, Agency staff, or the Agency itself.

A complaint may be made:

Verbally or in writing
In private or in the presence of others
To any person the child feels comfortable with and trusts

This may include, but is not limited to:

A foster parent
An Agency staff member
A Resource Worker
The Program Supervisor
The Executive Director
A person designated by the Agency

All individuals who receive a complaint are required to ensure the complaint is promptly communicated to the Agency for action.

General Requirements

Verbal complaints must be documented and addressed using the same criteria as written complaints.
The person who is the subject of the complaint shall not be responsible for responding to or reviewing the complaint.
The decision to close a foster home rests solely with the Agency.
Where no protection concern exists, complaints will be resolved collaboratively whenever possible.

Acknowledgement, Immediate Action, and Supports

Upon receipt of a complaint, the Agency shall, within 24 hours:

Acknowledge receipt of the complaint
Document the complaint
Assess whether immediate action is required to protect the child’s safety or well-being
Determine what supports the complainant may require

Supports may include a trusted support person, advocacy assistance, or communication accommodations. The determination of supports shall be documented and reviewed as needed.

Documentation Requirements

Where a complaint relates to the care, treatment, or rights of a child:

The nature of the complaint
Dates and timelines
Individuals involved
Actions taken and outcomes
Supports offered or provided

A corresponding record may also be placed in the foster home file where applicable.

Ombudsman

A child in foster care has the right to speak privately with and have visits from the Ontario Ombudsman regarding a complaint. Children shall be informed of this right at placement, during each plan of care review, and as prescribed by legislation. Documentation of this review shall be signed and retained.

Complaint Processes

Community Complaint Regarding the Foster Home

Complaint assessed for severity
If investigation required, it commences within five working days
If no protection concern, Agency addresses complaint within 24 hours
Documentation completed in appropriate file(s)

Complaint from the Placing Agency

Agency discusses complaint with Placing Agency
Investigation follows if required
If no investigation required, addressed within 24 hours
Documentation completed

Complaint from a Foster Child

Child may bring complaint to any trusted person
Agency staff notified immediately
Placing Agency notified
CAS notified if protection concern identified
Immediate action and supports assessed
Complaint addressed within 24 hours
Documented in child’s file

Review of Complaint

Initial status update provided within 15 days
Further updates every 15 days until resolution
Outcome explained in language appropriate to the complainant

Where a child’s rights have been violated, procedures shall be reviewed and revised to prevent recurrence.

Review and Continual Development

The Agency shall review the effectiveness of this policy within 12 months of the previous review.

Submission to the Ministry

Complaints shall be analyzed monthly and submitted no later than the 5th day of the following month using the SOR-RL website.

Debriefing

Individuals related to the complaint shall be debriefed
The child shall have a support person present
Debriefing shall occur within seven days unless documented otherwise
Records of debriefings shall be maintained

Required Notifications

Parent or legal guardian notified where applicable
Placing Agency notified in all cases
CAS notified if protection concerns arise
Serious Occurrence logged in SOR-RL where required
Complainant notified when review concludes

Documentation confirming all required notifications shall be retained in the appropriate file.