2024–2025 Services delivered: alternative dispute resolution

Component: child welfare - community and prevention supports

Legislation: Child, Youth and Family Services Act, 2017 (CYFSA)

Service objectives

To provide alternative dispute resolution (ADR) to society staff and families whose children are or may be in need of protection that will assist in resolving any issue related to the child or a plan for the child’s care; and/or prevent or reduce court involvement.

Service description

The intent of the ADR program is to improve outcomes for children who are or may be in need of protection and their families by offering a strengths-based, inclusive and collaborative approach to resolving child protection issues or disputes. It encourages the involvement and support of the family, extended family and the community in the planning and decision-making processes for children.

The use of ADR is set out in the Child, Youth and Family Services Act, 2017 as follows

• if a child is or may be in need of protection, a children’s aid society shall consider whether a prescribed method of ADR could assist in resolving any issue related to the child or a plan for the child’s care (section 17(1))
• As well, there are provisions in the Act for adjournment to allow for ADR to proceed
• the court, at any time during a proceeding, and with the consent of the parties, may adjourn the proceeding to permit the parties to utilize a prescribed method of ADR to attempt to resolve the issues in dispute (section 95)
• On applications to vary or terminate an openness order before or after an adoption, the court may, with the consent of the parties, adjourn the proceeding to permit the parties to utilize a prescribed method of ADR to attempt to resolve any disputes related to the proceeding (sections 198(8) and 207(9))

Program/service features

(The Program/services contracted by the ministry will reflect the following features)

• Further to Directive CW 005-06, the type of ADR provided must be one of the following methods

Child protection mediation (CPM)

• A process where child protection workers and the family (including the child where appropriate) and any other person putting forward or proposing to participate in a plan for the child, work together with the aid of a trained and impartial child protection mediator who has no decision-making power
• Must be facilitated by a child protection mediator who is on the provincial roster

Family group conferencing (FGC)

• A process that brings together the family (including the child where appropriate), the child’s extended family and community, child protection workers, and service providers to develop a plan that addresses the protection concerns identified
• Must be facilitated by a family group conferencing coordinator who is on the provincial roster
• Indigenous approaches to alternative dispute resolution (IAADR)
• Traditional methods of dispute resolution, including circle processes, which have been established by First Nations communities or Indigenous organizations
• Must be facilitated by a person who is recognized by the First Nations community with whom the child is affiliated or by an Indigenous organization, as qualified to engage in Indigenous Approaches to ADR, as set out in the policy directive

Other methods

• Must be assessed and approved by the executive director of the children’s aid society involved
• Must be facilitated by a person who meets all the qualifications outlined in the policy directive, including
  • completion of a post-secondary degree or diploma in the social service or children’s services or equivalent
  • experience in the social service or children’s services; and three satisfactory professional references
• All facilitators providing ADR services must be impartial with no decision-making power. Facilitators must comply with the applicable provisions of Ontario Regulation 155/18 under the Child, Youth and Family Services Act, 2017 and as it relates to confidentiality of and access to records and information, and have a satisfactory criminal record check completed within the last three years.

Program goals

Services will be

• effective and responsive to individual, family and community strengths and needs
• accountable to the individual, family and community
• sensitive to the social, linguistic and cultural diversity of families and communities, including Indigenous and Francophone families and communities
• staffed by individuals with the appropriate range of skills and abilities necessary to respond effectively to the needs of adults, children and their families
• provided by facilitators who have the experience and qualifications as outlined in the ministry policy directive
• based on the individual's assessed needs, preferences and available individual, agency, community and contracted ministry resources

Ministry expectations

The transfer payment recipient will coordinate access and payment to ADR facilitators who have the experience and qualifications for delivering a prescribed method of ADR as set out in the policy directive. The transfer payment recipient will

• Have the organizational infrastructure and capacity to coordinate and/or deliver ADR services
• Establish a process to expedite payment to individuals or other entities providing direct ADR services
• Establish a process for and ensure consistent practices in working with societies and the office of the Children’s Lawyer
• Provide information and promote the full spectrum of ADR services available in the community to societies and to families and children involved with societies
• Participate in local and provincial forums, including community consultations and decision-making processes, to inform how best to deliver ADR services in the community; and
• Where applicable, record and track the use of ADR services as set out in the ministry’s reporting requirements in the policy directive

Reporting requirements

• The transfer payment recipient is expected to monitor and evaluate program performance and to confirm that program objectives and deliverables are being met. On an interim and final basis, the transfer payment recipient will submit reports on financial and service data through Transfer Payment Ontario (TPON)
• The transfer payment recipient will provide a narrative report for the program to the ministry as part of their final report, using the template provided by the ministry.
• The following service data will be reported on at an interim and final basis in TPON. Please refer to your final agreement for report back due dates and targets.