Introduction

Introduction

In September 2014, the third legislative review of the Child and Family Services Act (CFSA or the Act) was announced. A requirement of the CFSA is that the Minister must publicly review the Act, or specified provisions of it, every five years. These reviews are conducted by the Ministry of Children and Youth Services (MCYS) and are a way for the government to better understand how its laws, programs and policies are experienced on the ground. The information gathered as part of these reviews provides an opportunity for learning and change, and also supports the ministry and its partners to provide high-quality services for children, youth and families in Ontario.

The paramount purpose of the Child and Family Services Act is to promote the best interests, protection and wellbeing of children and youth. 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^{footnote 1[1]}
• Adoption within Ontario.

The two sections of the CFSA that specifically apply to the review are:

• Section 224, which sets out the requirements for a mandatory review, and
• Section 226, which 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 full text of the CFSA and its associated regulations can be found online at the Ontario government’s e-laws website: www.e-laws.gov.on.ca.

The 2015 review of the CFSA focused on two areas: improving outcomes for children and youth, and modernizing and clarifying the language of the Act. Improving outcomes for children and youth specifically focused 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.

To allow as many people to participate and present their thoughts and views as possible, the process for the 2015 review was inclusive, with many avenues to provide feedback and make recommendations. Information on how to participate was posted on the MCYS website, and formal notification of the review was sent to over 1,000 organizations and agencies. Specific efforts were also made to include young people in the process, as one of the ministry’s goals is that children and youth have meaningful opportunities to participate and have a voice in the decisions that affect them.

This report is a summary of what was heard from the diverse children, youth, families and service providers in Ontario about the ways the Act affects their lives – and the things about the Act that could be strengthened or improved.

Public engagement

Between October and December 2014, public engagement sessions were held in 11 locations across the province: Kingston, Timmins, Sudbury, Windsor, London, Hamilton, Thunder Bay, Scarborough, Brampton, Toronto and Ottawa. At each location, two sessions took place: an afternoon session was targeted to organizations, agencies, service providers and professionals; and an evening session was held for children, youth and their families. Approximately 400 people attended one or more of these sessions.

Facilitated by external facilitators, the public engagement sessions used small-group and/or roundtable discussion formats. To ensure that the voices of Francophone Ontarians were heard, the option to participate in French was presented at all sessions. There was significant participation by the francophone community in bilingual sessions held in Sudbury and Timmins, and a dedicated francophone session in Ottawa.

The ministry also met with a number of associations, advocates, and experts, including: Our Voice, Our Turn (a group of youth and alumni in and from care); the Ontario Association of Children’s Aid Societies (OACAS); the Association of Native Child and Family Services Agencies of Ontario (ANCFSAO); the Office of the Provincial Advocate for Children and Youth; the Child and Family Services Review Board; judges and representatives from the Office of the Chief Justice for both the Superior Court of Justice and Ontario Court of Justice; the Office of the Children’s Lawyer; the Children in Limbo Task Force; and the Premier's Council on Youth Opportunities. Youth had their own sessions and participated in others. Theirs were often the strongest voices at the table.

In the spirit of open government, the public engagement sessions used social media to increase participation, make information on the public sessions more accessible, and increase the geographic reach of the review. The live Twitter outreach for the engagement sessions was conducted in both English and French @CFSAReviewEN and @CFSAReviewFR.

Written submissions

Individuals, groups and organizations were encouraged to send in written submissions. Two discussion guides were available to help frame the submissions – one general and one specifically for youth.

In total, 116 submissions from organizations, groups, individuals, children, youth and parents from all over Ontario were received in many different formats. The submissions represent a cross- section of the sectors and services that support children, youth and their families, including: health, legal, child welfare, youth justice, mental health, special needs, residential services, housing, adoption, and youth support services.

First Nations, Métis and Inuit engagement

The ministry values the unique contribution of our First Nations, Inuit, Métis and urban Aboriginal partners. An external facilitator led targeted engagements with these partners. Support was available so that partner organizations could attend, organize engagement sessions with their communities, and formally provide their recommendations and submissions to the review.

Francophone engagement

It is critical to hear the voices of Francophone Ontarians as part of any review process. Bilingual and/or French-specific sessions were held in Timmins, Sudbury and Ottawa.

Analysis and report writing

All written submissions, as well as the summaries from public, targeted, and Aboriginal engagement sessions were catalogued and analyzed using qualitative methods to identify key themes for public reporting. The information included in this report is a summary of what was heard. Given the diversity of voices and variety of perspectives, the complexity of the topics under review, and the detailed responses received during the review process, it is important to acknowledge that this report is an overview of the main themes, rather than an exhaustive list of every issue raised over the course of the public engagement.

Privacy and personal information

The privacy of individuals and their stories and experiences is of paramount importance. All information received at the public engagement sessions and through written submissions has been anonymized for internal use.

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.

Individuals who provided materials or comments and who indicated an affiliation with an organization were considered to have submitted those comments or materials on behalf of the organization so identified, unless the individuals indicated that the submission was being made on the individual’s own behalf.

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 416-326-1051.

Disclaimer

This document is a reflective summary of the diversity of perspectives heard over the course of the review of the Child and Family Services Act. The views expressed in this document are not endorsed and do not necessarily reflect those of the Ministry of Children and Youth Services or the Government of Ontario.

Please note that this was a review of legislation, associated regulations, and ways that the legislation is interpreted and made operational; it was not an evaluation of specific programs or organizations.