Overview

Because I am a child, youth or young person living in a group home, foster home or secure treatment facility and receiving services covered by the Child, Youth and Family Services Act, 2017, I have rights that must be respected.

I have the right to have my rights explained to me in words that I can understand.

I have the right to:

  • take part in decisions that service providers make about my life
  • talk freely and safely about my feelings, thoughts and opinions
  • have my feelings, thoughts and opinion considered and for them to have an impact on how decisions are made and what happens
  • talk about services that I am worried or unhappy about
  • ask for changes to those services
  • get an answer back from my service provider

This page is a summary only. To understand my complete rights under the law, I can read the Child, Youth and Family Services Act.

Important words to know

Some of the words on this page might have a special meaning when I’m talking about my rights under the Child, Youth and Family Services Act.

A child is someone younger than 18 years of age.

A young person is someone who has been charged with or found guilty of an offence under a law called the Youth Criminal Justice Act or the Provincial Offences Act while they were between 12 and 17 years old.

The word services appears throughout this page. There are many different types of services under the Child, Youth and Family Services Act. Some examples are:

  • services for children with developmental or physical disabilities or their families
  • mental health services for children or their families
  • services that are related to residential care for children
  • services for children who are or may be in need of protection and their families
  • services that are related to adoption
  • counselling for a child or for a child’s family
  • services that support children and families or help prevent child abuse and neglect
  • services and programs for young persons involved in the youth justice system

A service provider is a person or organization who provides a service under the Child, Youth and Family Services Act. Under the act, foster parents are not service providers.

A residential placement is a general term that means a foster home, a group home, a youth justice facility or a secure treatment facility.

A foster parent is an adult who provides care for a child but is not the child’s parent.

Right to voice my opinion and talk about situations that affect me

I have my own feelings, thoughts and opinions about things or situations that affect me. I have the right to talk freely and safely about these feelings, thoughts and opinions.

Read the law about section 3 of the Child, Youth and Family Services Act.

Decisions that affect me

Service providers who work with me will make decisions that affect me. I may have feelings, thoughts and opinions about these decisions.

I have the right to:

  • have honest and respectful discussions about how and why these decisions are made
  • share these feelings, thoughts and opinions
  • have my feelings, thoughts and opinions considered and for them to have an impact on how decisions are made and what happens

As I get older and more mature, my feelings, thoughts and opinions should have more impact on the decisions that are made about me.

Services I receive

Service providers that work with me make decisions about the kind of services I receive right now and about the kind of services I might receive in the future.

I have the right to be:

  • asked for my feelings, thoughts and opinions about these services
  • involved in decisions that are made about these services
  • told what decisions have been made about these services

I may have worries, be unhappy with or want changes made to the services I receive or the services that I will receive in the future.

I have the right to talk about these things without feeling:

  • like I will get into trouble
  • intimidated or pressured to change my views
  • like I will be treated differently

If I say that I am worried or unhappy with the services I am receiving or will receive, or if I ask for changes to these services, I have a right to hear an answer back from my service provider.

Right not to be physically punished

A service provider or foster parent can never punish me by hurting me. A service provider or foster parent cannot allow anyone else to punish me by hurting me.

Read the law about section 4 of the Child, Youth and Family Services Act.

Rights about when I can be placed in a locked room or facility

No service provider or foster parent can lock me in a place where I can’t get out, unless:

  • I am in a secure treatment program
  • I am a young person living in a secure youth justice facility
  • I am receiving services in a place where a special locked room has been approved

These are the only situations when a service provider or foster parent can allow anyone else to lock me in a place where I can’t get out.

A locked room can never be used as a form of punishment.

Read the law about section 5 of the Child, Youth and Family Services Act.

If I am in a secure treatment program, or I am a young person living in a secure youth justice facility, the facility I am in can be locked and my room can be locked at night.

If a locked room is allowed

If I am in a place where a locked room has been approved, there are laws about:

  • when I can be locked in a place
  • how long I can be locked in a place
  • what that place must look like
  • who must be watching me so I am safe
  • reviews of my placement in a locked room

There are also rules depending on my age. There are different laws if I am under 12 years old and different laws if I am 16 years or older and in a secure youth justice facility.

All of these laws are in the Child Youth and Family Service Act.

If I have questions about these laws, I can talk to a staff member, worker or lawyer. Get information about:

Read the laws about:

Rights about when I can be physically restrained

No service provider or foster parent can:

  • use their strength to stop me from moving, except in very specific situations
  • allow anyone else to use their strength to stop me from moving
  • use their strength to stop me from moving as a form of punishment

There are laws that describe how and when a service provider or foster parent can use their strength to stop me from moving so I stay safe. Read the law about section 6 of the Child, Youth and Family Services Act.

I can talk to a staff member, worker or lawyer if I have questions about these laws. Get information about:

Rights about when restraints can be used to limit my movement

Mechanical restraints can never be used on me as a form of punishment or because it is convenient for my service provider to use them.

Mechanical restraints can only be used if:

  • I am in a secure treatment program
  • I am a young person living in a secure custody or secure temporary detention youth justice facility, including during transportation (this means transportation to another place of secure custody or temporary detention, or to or from court or the community)
  • a mechanical restraint is needed to help me with my daily living (such as washing, dressing, eating or going to the washroom) or with my health needs

In these situations, there are laws that my service provider must follow that describe:

  • when they can use mechanical restraints
  • when they must remove a mechanical restraint
  • how they must use mechanical restraints for my safety and the safety of others around me

Read the law about section 7 of the Child, Youth and Family Services Act.

I can talk to my worker, a staff member or lawyer if I have any questions about mechanical restraints. Get information about:

Rights about being heard when decisions are made about me

I have the right to have honest and respectful discussions when other people make decisions that affect me. I have the right to share my feelings, thoughts and opinions, for them to be considered and for them to have an impact on how decisions are made about me and what happens.

This includes decisions about:

  • my health, the doctors I see and my medication
  • my schooling, training or work programs
  • my culture, community, identity, religion and beliefs
  • moving into a new place or out of my current place
  • other things that may affect me

As I get older and more mature, my feelings, thoughts and opinions should have more impact on the decisions other people make about me.

Read the law about section 8 of the Child, Youth and Family Services Act.

Rights about understanding my rights and making complaints

The first time I go to a new place to live, and at regular times after that, I must be told about the following in words that I can understand:

I must be reminded regularly about these rights to make sure I understand them.

Read the law about section 9 of the Child, Youth and Family Services Act.

Rights about who I can talk to and visit and about the privacy of my communication

I have the right to have regular private conversations and visits with members of my family and extended family, except if I am in extended society care.

If I am in extended society care, I only have a right to visit or speak with my family or extended family if a judge makes an order saying that I can.

To learn more about my rights to see or speak with my family or extended family, I can speak to my worker or my lawyer. Get information about:

I have the right to talk and visit in private with:

  • my lawyer or another person representing me
  • the Ombudsman or members of the Ombudsman’s staff
  • an adult who is an elected representative in the province of Ontario (also called a Member of Provincial Parliament or MPP)
  • an adult who is an elected representative in Canada (also called a Member of Parliament or MP)

I have the right to send and receive written communications, including:

  • letters
  • emails
  • texts
  • posts

Because I live in a foster home, group home or secure treatment facility, there are laws about what a service provider can do with the written communications I send or receive.

A service provider is not allowed to open or read any written communication that I send to someone else.

A service provider is allowed to open my written communication to check for and remove objects I am not permitted to have if I receive written communication from one of these people:

  • my lawyer or another person representing me
  • the Ombudsman or members of the Ombudsman’s staff
  • an adult who is an elected representative in the province of Ontario (also called a Member of Provincial Parliament or MPP)
  • an adult who is an elected representative in Canada (also called a Member of Parliament or MP)

A service provider is not allowed to read these written communications or keep them from me.

If I receive a letter from anyone else (for example a friend), a service provider is allowed to open and read my written communication to make sure there is nothing in it that might cause me physical or emotional harm. Once they have looked at my written communication, they must give it back. They can remove any objects that I am not permitted to have.

Read the law about section 10 of the Child, Youth and Family Services Act.

Rights about the Ontario Ombudsman

I have a right to be told about the Ontario Ombudsman.

My service provider must:

  • tell me about the Ombudsman – who they are, what they do and how I can talk to them
  • allow me to speak with the Ombudsman’s Office by myself when I want
  • in a timely manner, give me a private place to meet with the Ombudsman’s Office if I ask
  • clearly post information about what the Ombudsman is and how to contact them

Read the law about section 9 of the Child, Youth and Family Services Act.

Read the law about section 14 of the Ombudsman Act.

Rights about my privacy, my personal belongings and certain activities

I have the right to my privacy and to have my own personal belongings with me.

I have the right to learn about and participate in activities related to my religion, beliefs, community, identity and culture. In some cases, I may need permission from my parents to learn about and participate in some of these activities.

Read the law about section 12 of the Child, Youth and Family Services Act.

Rights about my plan of care and the care I receive

I have the right to a plan about the care that I receive in the place I am living. My plan of care must be made within 30 days of moving into a new place to live.

I have the right to take part in creating my plan of care and making changes to it.

There are laws about what needs to be in my plan of care. If I have any questions about my plan of care, I can speak with my service provider or my lawyer. Get information about:

I have the right to:

  • have access to good-quality food and meals that are well-balanced for me
  • be given clothing that is good quality, fits and is appropriate for my activities and the weather
  • get medical and dental care regularly and whenever I need it (I may need parental consent)
  • get an education that matches my skills and abilities and to go to school somewhere in the community whenever possible
  • take part in sports and creative activities that I enjoy. Activities should be in the community whenever possible

Read the law about section 13 of the Child, Youth and Family Services Act.

Rights about how my personal information is collected, used or shared

The service provider must ask for my permission before collecting, using or sharing my personal information, unless collecting, using or sharing my personal information without my permission is permitted or required by law (for example, if my personal information is needed to keep myself and others safe), or if there is a substitute decision-maker that is allowed to give permission for me.

The service provider working with me should inform me of all the information I need to decide whether or not to give my permission, including:

  • why my information is being collected
  • what my information might be used for
  • who they might share my information with

I can say yes or no and change my mind about providing permission at any time.

I can make my own decisions about the collection, use and sharing of my personal information, unless my service provider has a good reason to believe I’m not capable of making that decision.

To be capable to make my own decisions, I must be able to understand what I’m being asked and understand the consequences of my decision.

Read the law about section 295 of the Child, Youth and Family Services Act.

Rights about when a substitute decision-maker can decide how my personal information is collected, used or shared

If I can’t make decisions for myself, someone will be asked to make that decision for me. That person must consider my wishes, values, beliefs and best interests related to my personal information.

If I am 16 or older and I can make decisions for myself, but I want help to make decisions, I can pick someone over 16 who is able to make decisions for me to be my substitute decision-maker.

If I disagree with a decision that has been made for me, I can:

  • work with my service provider to find a solution
  • complain to the Consent and Capacity Board at any time to conduct a review of the decision. I can ask my service provider to help me make a complaint

If I am under 16, a substitute decision-maker can also give permission for my personal information to be collected, used or shared, even if I can make those decisions for myself. There are some exceptions to this, for example, if the information is about a treatment that I made a decision about under the Health Care Consent Act.

If I am under 16 and can make decisions for myself, my service provider has to follow my decision about my personal information when it conflicts with a decision made by my substitute-decision maker.

Read the law about section 299 of the Child, Youth and Family Services Act.

Rights about when my personal information is lost, stolen or shared when it shouldn’t be

If my personal information is stolen, lost or shared when it was not supposed to be, this is considered a privacy breach of my personal information. My service provider needs to:

  • let me know as soon as possible that my personal information has been breached
  • explain what happened in writing and in a way that’s easy for me to understand
  • explain what they’re doing to address the privacy breach and what they will do to prevent my personal information being lost, stolen or shared without permission in the future
  • give me contact information in case I want to ask questions
  • tell me how I can make a complaint to the Information and Privacy Commissioner

Read the law about section 306 of the Child, Youth and Family Services Act.

Rights about accessing my personal information

If I want to see the personal information my service provider has about me, I can speak to my service provider and make a written request to access the information. My service provider might ask me to fill out a form or send an email. I can ask for my whole record or for specific information.

In limited situations, my service provider may refuse a request or only release some information (for example, if seeing the information could result in risk of serious harm to me or another person). If my service provider refuses my request, they must:

  • provide me with a written explanation response that states that the service provider is refusing the request
  • explain why
  • explain my right to make a complaint to the Information and Privacy Commissioner

In most cases, my service provider has to tell me why they have refused my request or not released some of the information (for example, when the information can’t be released because a law prohibits the disclosure).

The service provider must answer my written request within 30 calendar days. They might be able to take up to 90 more calendar days if they have a good reason and they must explain why.

If I need the information sooner, I can explain why and my service provider must respond within that time period if they are reasonably able to do so.

If I’m not happy with the response to my request, I can complain to the Information and Privacy Commissioner at any time, even if I choose not to speak with my service provider first. The Information and Privacy Commissioner may order the service provider to give me access to my personal information.

Read the law about section 312 of the Child, Youth and Family Services Act.

Rights about correcting my personal information

If there’s a mistake, something I don’t agree with or missing information in my file, I can tell my service provider what is wrong and how I would like it changed. I should submit this request in writing. My service provider might ask me to fill out a form or send an email.

My service provider must answer my written request within 30 calendar days. They might be able to take up to 90 more calendar days if they have a good reason and they must explain why.

Under certain circumstances, my service provider may refuse a request to change my information (for example, if the record was not created by my service provider and they do not have the right knowledge or authority to make the correction).

If my request is refused, my service provider must explain why.

If I am not happy with the service provider’s decision, I can:

  • write a statement of disagreement. My service provider must include my statement of disagreement in my file. My service provider is required by law to share my statement of disagreement whenever they share that information
  • require that my service provider makes all reasonable efforts to share my statement with other service providers who have been provided that personal information—unless my statement can’t be expected to affect the services I am receiving
  • complain to the Information and Privacy Commissioner at any time. I can ask my service provider to help with the complaints process

Read the law about section 315 of the Child, Youth and Family Services Act.