Review of the Child and Family Services Act

Transcription

1 Review of the Child and Family Services Act Discussion Guide Fall 2014

2 Table of Contents Letter from the Minister of Children and Youth Services... 1 Introduction... 2 The Child and Family Services Act... 2 Scope of the CFSA Review... 3 How to Participate... 3 How to Use This Discussion Guide... 4 Tell Us About Yourself... 5 Discussion Questions... 6 Improving Outcomes for Children and Youth... 6 Supporting Older Youth Who are in Need of Protection... 6 Residential Services and Licensing... 7 Information Sharing... 7 Permanency (Including Adoption)... 8 Supporting Aboriginal Children and Youth... 8 Modernizing and Clarifying Other Issues of Interest or Concern Appendix A: Ontario s Young People The Ministry of Children and Youth Services Appendix B: Additional context on Part V of the CFSA: Rights of Children Appendix C: Additional Context on the Indian and native Provisions of the CFSA Under Section

3 Materials or comments received from organizations may be used or disclosed by the Ministry in accordance with applicable legislation to assist the Ministry in formulating changes to the existing legislation, regulations and/or policy guidelines. This may involve disclosing materials or comments, or summaries of them, to other interested parties during and after the request for public comment process. An individual who provides materials or comments and who indicates an affiliation with an organization will be considered to have submitted those comments or materials on behalf of the organization so identified unless the individual indicates that the submission is being made on his or her own behalf. Organizations include: children s aid societies; child and family service providers; First Nations/Aboriginal organizations; and professional associations. Materials or comments submitted to the ministry will be subject to the access and privacy provisions of the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.f31. If you have any questions about the collection or use of this information, you can contact the Manager of the Planning and Partnerships Unit, Strategic Policy and Planning Division of the Ministry of Children and Youth Services at or CFSAreview@Ontario.ca.

4 Ministry of Children and Youth Services Minister s Office 56 Wellesley Street West 14th Floor Toronto ON M5S 2S3 Tel.: (416) Fax: (416) Ministère des Services à l enfance et à la jeunesse Bureau de la ministre 56, rue Wellesley Ouest 14 e étage Toronto (Ontario) M5S 2S3 Tél. : Téléc. : October 8, 2014 Dear Colleague: I am writing to tell you about the next review of the Child and Family Services Act, and I hope you will consider sharing your experience and expertise. The Child and Family Services Act is a foundational piece of legislation. It governs many of the province s programs and services for children and youth, including child welfare, youth justice, mental health, adoption finalized in Ontario and the licensing of children s residential services. This legislation is reviewed on a five-year cycle, and participating in the review is an opportunity to help improve services for children, youth and families across the province. The review will explore possible changes to the Child and Family Services Act while targeting two key areas: 1. Improving outcomes for children and youth, with specific focus on: o Supporting older youth who are in need of protection o Residential services and licensing o Information sharing o Permanency (seeking to provide permanent homes for children in care), including adoption o Supporting Aboriginal children and youth 2. Modernizing and clarifying the language of the Act Details on regional engagement sessions and written submissions will be available on the ministry s website in the next few days, along with a discussion guide that includes information about the Child and Family Services Act and questions to help inform your feedback. A report on the findings will be available on the ministry s website in April We are confident the findings from this review will help improve the services funded or provided by the ministry. We look forward to hearing from our partners, our families and all Ontarians. Thank you in advance for your participation. Sincerely, Tracy MacCharles Minister 1

5 Introduction The Child and Family Services Act The CFSA governs many of the province's programs and services for children and youth, including: Child welfare; Youth justice services; Secure treatment; Children s developmental services; Residential services; Community support services; Indian and native child and family services 1 ; and Adoption within Ontario. The CFSA's main purpose is to promote the best interests, protection and well-being of children and youth. The CFSA requires that the Minister conduct a review of the Act, or those provisions of it specified by the Minister, every five years, and report the results of the review to the public. There are two sections of the CFSA that apply to the review: Section 224, sets out the requirements for a mandatory review; Section 226, specifies that the mandatory review must include a review of provisions that impose obligations on children s aid societies (CASs) when providing services to a person who is an Indian or native person or in respect of children who are Indian or native persons, with a view to ensuring compliance by societies with those provisions. The CFSA, and its associated regulations, can be found online at the Ontario government s e- laws website: 1 Please note that within the CFSA Indian has the same meaning as in the Indian Act (Canada), while native community means a community designated by the Minister under section 209 of the CFSA. The term Aboriginal people generally refers to First Nations, Métis, and Inuit peoples. However, most groups prefer to be referred to by their distinct name in recognition and respect of their distinct cultures, relationships, rights, and histories. 2

6 Scope of the CFSA Review The review will explore possible changes to the CFSA while targeting two key areas: 1. Improving outcomes for children and youth, with specific focus on: Supporting older youth who are in need of protection Residential services and licensing Information sharing Permanency (seeking to provide permanent homes for children in care), including adoption Supporting Aboriginal children and youth 2. Modernizing and clarifying the language of the Act If there are additional areas of interest or concern, the Minister is pleased to receive comments on any part of the CFSA. Please note that this is a review of legislation, associated regulations, and ways that the legislation is interpreted and made operational; it is not an evaluation of specific programs or organizations. How to Participate In keeping with Ontario s commitment to Open Government and the Ministry of Children and Youth Services commitment to including youth voice, this CFSA review is multi-faceted. The ministry will meet with key stakeholders, including youth, parents, service providers and other partners over the next three months to gather input. The public engagement process includes: Regional engagement sessions Engagement with First Nations, Métis, Inuit and urban Aboriginal partners Written submissions Social media engagement to help capture and encourage input from youth. 3

7 How to Use This Discussion Guide The purpose of this discussion guide is to solicit suggestions on how to improve the Child and Family Services Act (CFSA). We look forward to hearing from Ontarians, including youth, their families and other key stakeholders during this review. The questions are designed to help you frame your feedback, and under each question there is space for your reply. You do not need to answer all the questions; answer only those questions that are of interest or concern to you. Please do not feel limited by the amount of space in this document or the format of the discussion guide. Additional or supporting documentation is also welcomed. All information received will be considered, though it may not be possible to address all feedback in the CFSA review report. Feedback received that is not directly related to the CFSA, will be redistributed to appropriate program areas for consideration. Personal information, such as an individual s name, address, or other identifying details will be treated confidentially and will not be disclosed by the Ministry, unless required by law. 2 For more information on Ontario s young people and the Ministry of Children and Youth Services please see Appendix A. To Send Your Response Your response will be accepted in English or French, in writing or alternative formats, such as audio or video recordings. To be considered, your comments must be received by December 29th, By CFSAreview@Ontario.ca By Mail: CFSA Review Ministry of Children and Youth Services Strategic Planning and Aboriginal Relationships Branch 101 Bloor St., 4th Floor Toronto, Ontario M5S 2Z7 Thank you for participating in the review of the Child and Family Services Act. 2 Materials or comments submitted to the ministry will be subject to the access and privacy provisions of the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.f31. 4

8 Tell Us About Yourself To help us better understand the comments you provide, please indicate in the chart below what best describes your connection to children and youth services. Please be sure to complete and send the following chart with your reply. What describes you best? I am Sending this as an individual Sending this on behalf of an organization (please identify) With respect to services governed by the Child and Family Services Act, I am A family member of someone who is now, or used to be, in receipt of these programs or services A parent or person with custody of a child or youth Someone who is now receiving services or supports Someone who has previously received services or supports A friend of someone who is now, or used to be, in receipt of these programs or services Someone who works in the child and youth service sector as: o A service administrator/director o A front-line worker/professional o A volunteer A foster parent 3, a formal customary caregiver, or a kinship caregiver Other (please explain) 3 A foster parent is defined in the CFSA as someone who receives compensation for caring for a child (except under the Ontario Works Act, 1997, or the Ontario Disability Support Program Act, 1997) and is not the child s parent or a person with whom the child has been placed for adoption. 5

9 Discussion Questions Improving Outcomes for Children and Youth The CFSA s paramount purpose is to promote the best interests, protection and well-being of children. The review of the CFSA reflects Ontario s ongoing commitment to work in collaboration with the public to build a more responsive and effective service system for children, youth and their families. It is also an opportunity to identify ways that improved outcomes for children and youth could be enabled by the CFSA, specifically with respect to: 1. Supporting older youth who are in need of protection 2. Residential services and licensing 3. Information sharing 4. Permanency 4, including adoption 5. Supporting Aboriginal children and youth Supporting Older Youth Who are in Need of Protection 1. Youth who are provided with safe, nurturing and stable environments are more likely to achieve positive outcomes, such as graduating from high school, securing a job, or other personal successes impacting into adulthood. What changes to the CFSA, or its regulations, would improve services for older youth in need of protection (i.e., 16 and 17 years old)? What changes would have the greatest impact on improving outcomes? 4 Permanency is achieved when a child or youth in care of a CAS is placed in a permanent home. As part of its Child Welfare Transformation, the ministry established a continuum of family-based permanency options that would help CASs to determine individual plans for care that are best suited for each child/youth. The continuum includes: admission prevention, kinship care, customary care, legal custody, foster care, and adoption. 6

10 Residential Services and Licensing 2. Children and youth need safe, happy, and healthy environments in order to thrive and develop resiliency. What changes to the CFSA, or its regulations, would ensure that foster homes, children s residences, group homes, youth justice facilities, and/or respite services meet the needs of children and youth? What changes would have the greatest impact on improving outcomes? 5 Information Sharing 3. Children, youth, and families shouldn t have to tell their story multiple times to get the services they need. What changes to the CFSA, or its regulations, would you like to see with respect to information sharing in order to enhance both public trust and service experience? What changes to the CFSA, or its regulations, would support information sharing between service providers? What changes would have the greatest impact on improving outcomes? 5 Please see Appendix B for additional context on Part V of the CFSA: Rights of Children. 7

11 Permanency (Including Adoption) 4. Permanent placements help children and youth feel they belong, provide them with safe, nurturing and stable relationships, and opportunities for growth and development. What changes to the CFSA, or its regulations, would increase the number of children and youth who find permanent homes? What changes would have the greatest impact on improving outcomes? Supporting Aboriginal Children and Youth 5. The Aboriginal population in Ontario is diverse, with differences based in culture, history, treaties, relationships, and geography. These differences result in a range of perspectives, approaches, and needs for service supports 6. What changes to the CFSA, or its regulations, would improve services and outcomes for children and youth who are First Nations, Métis, Inuit, and urban Aboriginal? What changes would have the greatest impact on improving outcomes? 6 The term Aboriginal people generally refers to First Nations, Métis, and Inuit peoples. However, most groups prefer to be referred to by their distinct name in recognition and respect of their distinct cultures, relationships, rights, and histories. 8

12 6. The CFSA recognizes that Indian and native people should be entitled to provide, wherever possible, their own child and family services, and that all services to Indian and native children and families should be provided in a manner that recognizes their culture, heritage and traditions and the concept of the extended family. What changes could be made to the provisions that impose obligations on children s aid societies when providing services to a person who is an Indian or native person? What issues or barriers, if any, can impede the compliance of children s aid societies with these provisions? What benefits or outcomes might potential changes produce for children, youth and families? When conducting a review, section 226 of the CFSA requires the ministry to examine the sections of the CFSA that impose obligations on CASs when providing services to Indian or native persons, including children, with a view to compliance. Input for this aspect of the review is also being sought through discussions with Aboriginal partners and children s aid societies, and through written submissions. 8 Please see Appendix C for additional context on the Indian and Native provisions of the CFSA under Section

13 Modernizing and Clarifying The Child and Family Services Act has been periodically revised and updated. However, there may be components of the legislation that seem out-of-date, confusing, or do not align with contemporary terminology or best practices. 1. What changes to the CFSA, or its regulations, would help make the services available for children, youth, and families more understandable? What language or definitions need updating? What language is currently missing? What changes are likely to have the greatest impact on improving services for children, youth, and families? Other Issues of Interest or Concern The Ministry is open to receiving information on other areas of interest related to the CFSA. 1. As we work towards even better outcomes for the children and youth of Ontario, what other possible changes to the CFSA, or its regulations, would help the ministry and its service providers continue to improve outcomes for children and youth? 10

14 Thank you for participating in the review of the Child and Family Services Act. The findings of this review will be available on April 2015 at: 11

15 Appendix A: Ontario s Young People Young Ontarians between the ages of 0 and 18 make up more than a fifth of the province s population (21.3%) 9. As a group, they are healthy, creative, resilient, vibrant and engaged. Most of Ontario s young children arrive at school ready to learn, and are on track in key developmental milestones including physical health and well-being, social competence, emotional maturity, language and cognitive development, and communication skills 10. Ontario youth have outstanding high-school graduation rates 11 and very high postsecondary graduation rates compared with countries belonging to the Organization for Economic Cooperation and Development (OECD) 12. Our young people also have strong skills in emerging fields such as technology and social enterprise. They succeed because of the wide range of foundational, interpersonal and creative skills they gain at home, at school and in their communities. Ontario is home to one of the most multicultural and diverse populations in the world. Our diversity is one of our key strengths, and MCYS strives to develop programs and policies that celebrate and reflect the multi-faceted diversity of the province s children and youth. To provide the best supports for each young person, we work to deliver services that are barrier-free, inclusive and culturally responsive. Though most of Ontario s young people thrive, we know that many face one or more barriers to success and need more targeted or intensive supports. Some specific populations who may be at greater risk due to historical or social issues include: First Nations, Métis, Inuit and urban Aboriginal children and youth; francophone children and youth; young people living in poverty; those in, or leaving, the care of Children s Aid Societies; those living in rural and remote communities; those with special needs; LGBTTQ young people; newcomer children and youth; racialized children and youth; and youth in conflict with the law. To achieve greater equity for all of Ontario s young people, MCYS works with partners to close the gaps in opportunities and positive outcomes. 9 Ontario Ministry of Finance Ontario Population Projections Update, Last modified July 19, The Offord Centre for Child Studies, McMaster University Early Development Instrument: School Readiness to Learn Ontario SK Cycle 2 Results based on the Early Development Instrument Data Collection for Senior Kindergarten Students in Ontario, Statistics Canada Labour Force Survey. 12 Statistics Canada Education Indicators in Canada: An International Perspective. pub/ x/ x eng.pdf 12

16 The Ministry of Children and Youth Services The CFSA is the legislation that governs many of the programs and services funded or provided by the Ministry of Children and Youth Services (MYCS). MCYS was created in 2003 to support the young people of Ontario to thrive and succeed. Our commitment is to protect, nurture and support children and youth as they grow from birth, through childhood, adolescence and into adulthood. The mandate of the ministry is twofold. The first is to work with, and through, our many partners to establish a system of services and supports that strengthen families and help Ontario s most vulnerable children and youth overcome barriers to their success and wellbeing. The second is to lead across government on issues that affect all children and youth. Since its creation, MCYS has developed considerable expertise in the area of child and youth development. This focus on positive development informs our role as a champion and catalyst for the outcomes of all children and youth in Ontario. The ministry actively shares that expertise and works in partnership to create opportunities for the voices of children and youth to be heard across government. The ministry is accountable for the delivery and/or oversight of a range of programs and services. These include: Child and Youth Mental Health Child Protection Services Children and Youth with Special Needs, including Autism Healthy Child Development Ontario Child Benefit Youth Justice Services Youth Opportunities The ministry s strategic plan, Growing. Together., communicates our continued commitment to Ontario s children and youth. Copies of Growing. Together. can be accessed online. 13

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18 Appendix B: Additional context on Part V of the CFSA: Rights of Children Part V of the CFSA sets out specific rights of children or youth in care and receiving residential services. These rights include but are not limited to: Rights to communication in specified circumstances Right to have reasonable privacy and possession of his or her own personal property Right to a plan of care designed to meet the child s particular needs Right to receive meals that are well-balanced, of good quality and appropriate for the child Right to be provided with clothing that is of good quality and appropriate for the child Right to receive medical and dental care at regular intervals Right to receive an education that corresponds to the child s aptitudes and abilities Right to participate in recreational and athletic activities that are appropriate for the child Right to be consulted and to express his/her views whenever significant decisions concerning the child are made. Right to be informed of his/her responsibilities while in the placement and rules governing the day-to-day operation of the residence Appendix C: Additional Context on the Indian and native Provisions of the CFSA Under Section 226 The CFSA can be found online at the Ontario government s e-laws website: Purposes of CFSA S.1(2)(5) The purposes of the CFSA recognize that Indian and native people should be entitled to provide, wherever possible, their own child and family services, and that all services to Indian and native children and families should be provided in a manner that recognizes their culture, heritage and traditions and the concept of the extended family. 15

19 Definitions S.3 Indian has the same meaning as in the Indian Act (Canada); ( Indien ) band has the same meaning as in the Indian Act (Canada); ( bande ) native community means a community designated by the Minister under section 209 of Part X (Indian and Native Child and Family Services); ( communauté autochtone ) native person means a person who is a member of a native community but is not a member of a band, and native child has a corresponding meaning; ( autochtone, enfant autochtone ) Services under the CFSA S.13(3) An approved agency that provides services to Indian or native children and families shall have the prescribed number of band or native community representatives on its board of directors, appointed in the prescribed manner and for the prescribed terms. S.212 Where a band or native community declares that an Indian or native child is being cared for under customary care, a society or agency may grant a subsidy to the person caring for the child. S.213 A society must consult with bands and native communities about the provision (or proposed provision) of certain services to children which are listed in the section. Child and Family Services Review Board A representative of the child s band/native community must receive notice and may participate as a party in hearings before the Child and Family Services Review Board to review decisions of a society or an adoption licensee as follows : The decision of a society to remove a Crown ward from the home of foster parent who has cared for the Crown ward continuously for two years s.61(2)(d) and (7), (8.1) and (8.4) The decision of a society to refuse to place a child with a particular person for adoption s.144(2) (c), (6), (9) The decision of a society or licensee to remove a child from an adoption placement s.144(2)(c), (6), (9) Child Protection and Adoption S Where a society intends to plan for the adoption of an Indian or native child, the society must give notice to a representative of the child s band/native community. The band or native community may prepare and submit a separate plan within 60 days of receiving notice which must be considered by the society. 16

20 S.20.2 A society must provide notice to the band/native community where a child is or may be in need of protection respecting any proposal for alternative dispute resolution (ADR) brought by a society or a person. The society must consult with the band/native community to determine if ADR established by the band/native community will assist in resolving the matter. S.37(4)& 136(3) When a determination must be made under the protection provisions or under Part VII (Adoption) in the best interests of a child and the child is an Indian or native person, the person shall take into consideration the importance, in recognition of the uniqueness of Indian and native culture, heritage and traditions, of preserving the child s cultural identity. s.39(1)(4), s.58(2) and 58(4)(d), s.64(4)(d) and (5)(e), s.65.1(4)(f) and 65.1(6)(f), s.69(1)(e), s.80(4)(f) A society must provide notice to a representative of a child s band/native community of any application, and a representative from the band/native community may participate as a party and may commence an application in the following circumstances: a child protection application s.39(1)(4) a access application s.58(2) and 58(4)(d) status review application s.64(4)(d) and (5)(e), s.65.1(4)(f) and 65.1(6)(f) an appeal of a protection order s.69(1) (e) an application for a restraining order s.80(4)(f) S.213.1, Regulation 70 section A society must consult with a member of the child s band/native community when exercising prescribed powers and must follow prescribed processes for the consultation. The regulations provide that consultation is required in the following circumstances: where a society has completed a full child protection investigation and has determined that the case requires a plan for ongoing protection services where a child has been apprehended where a child is placed in a foster home or children s residence The regulations set out the timeframes for notice to the child s band/native community. S.61(2)(d) A society must place a society or Crown ward with a member of the child s extended family, band or native community, or another Indian or native family if possible. S.54(3)(f) Where there is a court ordered protection assessment a copy of the report must be provided to a representative of the child s band/native community. 17

21 S.63.1 Where a child is made a Crown ward, the society shall make all reasonable efforts to assist the child to develop a positive, secure and enduring relationship within a family through adoption, a custody order under subsection 65.2 (1) or in the case of a child who is an Indian or native person, a plan for customary care S.57(5) A child protection court has an obligation to place a child with a member of the child s extended family, band or Native community or another Indian Family unless there is a substantial reason for placing elsewhere. 18

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