April 2017 - AdoptOntario

1 April 2017 A Message from Minister Michael Coteau To all of you working in Ontario s child welfare sector today: thank you for your determination and dedication to our communities. Whether you are a community agency, or a front line worker, your efforts to support many of Ontario s most vulnerable children, youth, and families, are invaluable and everyday make this province a better place. While much progress has been made in the sector, we know that we should always try to do better. There are many important issues in the child welfare system like the overrepresentation of Black and Indigenous children and youth in care, and the unmet needs of older youth seeking protective services. With this proposed legislation, I am confident we can work together to understand and address these complex challenges.

2 The proposed Child, Youth and Family Services Act, 2016 (CYFSA) passed First Reading in the Legislature and has just begun Second Reading. This is a proud and important moment for all of us. The Child and Family Services Act (CFSA), which currently governs many of Ontario s child and family services, has not been comprehensively revised to fit the changing needs of this province since it became law more than thirty years ago. It is time for our legislation to reflect our society s values and diversity. If passed, the proposed CYFSA would provide a modern, child- and youth-centred legislative framework to strengthen services and help all of us as we work to better protect and care for Ontario s most vulnerable young people. Based on your feedback as the front line service providers and workers, and based on the needs of children, youth, and families today, the legislation focuses on four priorities.

3 First, the new CYFSA would place an emphasis on protection and prevention, so that families receive the services they need to thrive. It would raise the age of protection to 18 so that all 16- and 17-year-olds in need of protection would have access to child protection services. The CYFSA would also make a stronger commitment to early intervention, helping children and families avoid reaching a crisis in the first place. It would also support the delivery of culturally appropriate services for all communities in Ontario. Second, the legislation would emphasize quality improvement by supporting more coordinated and efficient services, and improved information-sharing. By committing to continuous and active improvement based on evidence-based practices, the CYFSA would support a high-quality system and improve the service experience for families.

4 Third, this legislation would improve accountability and oversight. With better checks and balances and a range of performance improvement mechanisms, the CYFSA would help make the system more open and responsive to the needs of individuals, and support greater consistency of services. Finally, the CYFSA would acknowledge the unique and evolving relationships between Ontario and First Nations, M tis and Inuit peoples. In light of this unique relationship, the history and impacts of colonialism in Ontario, and in the spirit of reconciliation, Ontario remains committed to working with First Nations, Inuit, and M tis peoples, wherever possible, caring for their own children in accordance with their distinct cultures, heritages, and traditions.

5 1 In short, the CYFSA would provide us the tools to improve services through approaches that are child- and youth-centred, culturally appropriate, responsive, outcomes-driven, inclusive, accountable and collaborative. Your work is appreciated and essential to our province - whether it s repeat check-ins to be sure a family has everything they need or long drives and late nights offering ongoing support to a child. We want legislation that better reflects your needs and the realities you face in your day-to-day work. This legislation and its reforms are a big step forward. But it is just a first step. Tomorrow and every day after that, we will continue to engage with our partners in the sector on regulation and policy development, and during the implementation of the new Act, if passed.

6 From policy to practice, if passed, we will be excited to collaborate with you to bring the proposed CYFSA to life in a way that respects front line workers, community organizations, and youth. As Minister of Children and Youth Services, I am committed to a strong child and family service system in Ontario that supports children, youth and families in local communities with efficient and effective services, while maintaining transparency and accountability. Working with our partners across the province to promote child and family well-being and to build a system that allows every child to thrive is this government s priority. Our shared goal is clear to see happy, healthy young people and families enjoy a high quality of life and opportunities to succeed.

7 Thank you for all that you do to support Ontario s most vulnerable. Thank you for serving young people and their families through difficult times, and for championing children and youth on their paths forward. Together, we can support children and youth in every corner of this province reach their full potential. 2 Bill 89: Supporting Children, Youth and Families Act Reshaping Ontario s Child and Family Legislation On December 8, 2016, Minister Michael Coteau introduced Bill 89, the Supporting Children, Youth and Families Act, 2016, which, if passed, would: Repeal and replace the Child and Family Services Act (CFSA) with the new Child, Youth and Family Services Act, 2016 (CYFSA); and, Amend the CFSA to raise the age of protection to 18, prior to proclamation of the new legislation.

8 The CFSA is the legislative framework for child protection services, youth justice services, licensed residential services for children and youth, secure treatment, adoption and Indian and native child and family services. Since 2000, there has been a legislative requirement to review the CFSA every five years. However, comprehensive revisions to all parts of the CFSA have not been made since its assent in 1985. Through the 2014-15 CFSA review, the Ministry of Children and Youth Services (MCYS) received feedback on how to improve the CFSA. We heard that using child- and youth-centered language, grounded in rights, was important and that older youth in need of protection required support. The need for consistent standards to improve the quality of care provided in licensed residential settings was also highlighted, as was enhancing overall system governance, accountability and transparency.

9 MCYS also heard about the need for an information-sharing framework, and for clarification around the processes for permanency planning, including adoption. Additionally, we heard that First Nations, Inuit and M tis children and youth need supports that better recognize and respect Indigenous traditions, cultures, and heritages. Based on this feedback, and additional engagement with stakeholders and Indigenous partners, the CYFSA was drafted as a modernized statute to replace the existing CFSA. While the paramount purpose of the proposed legislation remains the same to promote the best interests, protection and well-being of children the CYFSA, if passed, would include new and expanded provisions. These proposed provisions cover many key areas, including: children s rights; child and youth-centred language; increasing the age of protection; youth justice; adoption; information-sharing; Children s Aid Society (CAS) amalgamations; residential licensing; CAS-specific governance and accountability; lead agency and transfer payment agency governance and accountability; and, culturally appropriate services for Indigenous children, youth, and families that reflect the unique relationship between Ontario and Indigenous peoples.

10 This Communiqu explores each of these areas in more detail. Taken together, the proposed provisions provide the necessary grounds to protect and respect the rights of children and youth in Ontario. Most critically, the CYFSA places the child at the centre of all services, to better support children and youth with opportunities to succeed and reach their full potential. Children and youth receiving services under the proposed Act will have their voices heard and respected. They will also have a more consistent service experience. The CYFSA, if passed, would be a cornerstone in the broader reform of child and family services. The Bill is currently going through the legislative process. The Bill has passed First Reading in the Legislature and has just begun Second Reading.