1.7.3 Complaint Review Process

This section contains policies and standards regarding complaints against the actions of a child and family services agency or licensed adoption agency.

Complaints and appeals by foster home and adoption applicants and parents are covered in Chapter 1.5, Foster Care and Chapter 1.6, Adoption Services. Allegations against foster parents and adoptive parents involving child protection issues (including abuse) are covered in Chapter 1.3, Child Protection.

• Legislation

  Duties and Powers

  Child and family services authorities have the duty to hear complaints with respect to agencies they have mandated under Sections 17 and 45 of the Child and Family Services Authorities Regulation and clause 4(1)(f) of The Child and Family Services Act (the Act).

  The director retains this duty with respect to licensed adoption agencies under clause 5(1)(g) of the Adoption Act.

  Subsection 40(2) states that the director retains the power to conduct a review under subsection 76(20) of the Act with respect to a person who is refused access to his or her record. The authorities do not share this power.

  Manitoba Advocate for Children and Youth (MACY)

  The Advocate for Children and Youth Act subsection 11(1) states that MACY has the responsibility to:

  • provide information so that designated services (including child and family and adoption) can be accessed
  • advocate on behalf of children and young adults to receive those services
  • review and investigate in situations involving serious injuries and death of children and young adults

  Manitoba Ombudsman

  The Manitoba Ombudsman has the power under section 15 of The Ombudsman Act to investigate any decision or recommendation relating to a matter of administration in or by any department or agency of the government or by any officer, employee or member thereof.

• Policy

  General Requirements

  All child and family services agencies and licensed adoption agencies must establish policies and procedures for dealing with inquiries and complaints from clients, service providers and the general public.

  An agency complaint review process must not in any way interfere with a person's statutory right to complain to the agency's mandating authority, the director, the Manitoba Advocate for Children and Youth or the Manitoba Ombudsman.

  Child and family services authorities may also wish to establish culturally appropriate review processes for their agencies in addition to and consistent with the provincial standards in this section.

  Board and Community Committees

  Non-government (external) agencies must establish board or community committees to review complaints not resolved by the complaint process.

  Board committees consist of board members and report to the board. Community committees may be given a degree of independence from the board on the understanding that the agency retains legal responsibility for the delivery of services.

Standards

1. Written Agency Complaint Review Policy - An agency has a written policy for receiving and reviewing complaints from clients, service providers and the general public that is consistent with the provincial standards in this section. The policy includes:
• a statement of intent
• an explanation of the steps involved (Standard 6)
• the role of child and family services authorities or, for licensed adoption agencies, the director
• options or alternatives in legislation available to a complainant
2. Informing Service Applicants and Recipients - Anyone requesting or receiving services from an agency can access its policy for reviewing complaints.
3. Informing Agency Staff and Others - An executive or regional director ensures that the agency's employees, volunteers, foster parents, board members and mandating authority are informed of its complaint review policy and can readily access it on-line or through paper copy.
4. Processing Complaints - An agency gives priority to resolving complaints as soon as reasonably possible. When there is information or evidence that a child is or might be in need of protection, the response time is in compliance with Section 1.1.1, Intake.
5. Handling Complaints in a Confidential Manner - An agency ensures that all persons involved in reviewing complaints on behalf of the agency understand their legal obligation to comply with confidentiality and access provisions in legislation (Section 1.7.1).
6. Levels of Review - An agency complaint review policy provides for access by the aggrieved person to:
• a supervisor
• the executive or regional director
• the mandating Authority
• for non-government agencies, a review committee of the agency board or a community committee authorized by the board
• when applicable, the director 
7. Sharing Results of a Review - An agency advises a complainant of the results of a review within 10 working days.
8. Recording Results of a Review - An intake worker or case manager, records the complaint and the results of a review on file. If the complaint pertains to a child protection issue, the information is recorded as required in Section 1.1.1, Intake.

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