Legislation Introduced Today To Make Ontario's Child And Youth Advocate Independent TORONTO, Nov. 30 /CNW/ - The McGuinty government is continuing to deliver on its commitment to better protect vulnerable children and youth by introducing legislation that, if passed, would establish an independent provincial advocate in Ontario, Minister of Children and Youth Services Mary Anne Chambers announced today. "When it comes to the rights of our children, there is no room for political interference," said Chambers. "By moving forward to make the child and youth advocate independent, we are delivering on a key commitment of this government and a promise we made on behalf of Ontario's children and youth." The child and youth advocate speaks on behalf of Ontario's most vulnerable young people, including children and youth involved with the youth justice system, foster, group or residential care, and who have physical or developmental disabilities. The new legislation, if passed, would make the child and youth advocate an officer of the legislature and as independent as the ombudsman or the auditor general. Under the new law, the advocate would be selected by an all-party legislative committee and report directly to the legislature. Currently, the advocate reports to the Minister of Children and Youth Services. "Independence offers the Child Advocate unfettered access to Ontario's most vulnerable children and a greater ability to amplify the voice of children about their fears, concerns and wishes," said Ontario's Chief Advocate Judy Finlay. "An independent child advocate has been a long time in coming in Ontario and I applaud the government for creating this essential safeguard for the protection and wellbeing of our children." "It is very gratifying that the government has moved ahead with a plan to establish the Child Advocate as a strong and effective protective force for the most vulnerable children in this province," said Les Horne, Ontario's first provincial Child Advocate and current Executive Director for Defence for Children International-Canada. "This is a major step forward for Ontario." "An independent advocate will give increased visibility to the rights and voices of vulnerable children and youth to an extent never seen before in this province and will help protect our young people from inappropriate treatment and abuse," said Chambers. The proposed legislation is part of the government's plan to help vulnerable children and youth in Ontario succeed and thrive. Other initiatives include: << - Reforming the child well-being and protection system through the Child and Family Services Statute Law Amendment Act, passed earlier this year and in effect as of today. Reforms under the act will strengthen the accountability of children's aid societies and allow more children to grow up in safe, caring, permanent homes - Making it faster and easier for people to make complaints about certain services or decisions they have received from a children's aid society. The new complaints process, to be used consistently across the province beginning this December, includes third party oversight by an independent body, the Child and Family Services Review Board (CFSRB) - The appointment of Suzanne Gilbert, a lawyer who has represented children and families, as the new chair of the CFSRB - Providing more than $2 million annually for Akwe:go to help urban Aboriginal children and youth in 27 communities develop positive life skills and overcome challenges - Investing more than $140 million more to help special needs children and their families, including an additional $10 million to enable Children's Treatment Centres to serve 4,800 more children and youth. - Providing more children and youth with mental health services through an expanded telepsychiatry program for children and youth in underserved, rural and remote areas, along with more than 200 other new and expanded local programs across the province resulting from increased investments of more than $38 million annually. Disponible en français www.children.gov.on.ca >> Backgrounder ------------------------------------------------------------------------- << AN INDEPENDENT VOICE FOR ONTARIO CHILDREN AND YOUTH >> Ontario's Office of Child and Family Services Advocacy represents children and youth who are seeking or receiving approved services under the Child and Family Services Act, including children and youth who are in the youth justice system, the children's mental health system, the child welfare system (children's aid societies), and provincial and demonstration schools for the deaf and blind. The Office currently reports to the Ministry of Children and Youth Services. Legislation requires that children in care be made aware of the fact that the Office of Child and Family Services Advocacy exists, and of their rights under the Child and Family Services Act. They must also be made aware of how complaints about unacceptable treatment should be made. This information must be delivered in a language that the child or youth understands. Children and youth are entitled to privacy to communicate with their family, a lawyer or an advocate from the Office of Child and Family Services Advocacy. These requirements have been in place since 1985. On average, the advocate's office receives more than 3,000 calls per year. The majority of these calls are about standards of practice for children in residential care, peer-on-peer violence, children living at home with special needs and aboriginal child welfare. A third-party review of the advocate's office and its role, commissioned by the Ministry of Children and Youth Services, recommended making the advocate an independent officer of the legislature to better protect the interests of children and youth. This recommendation is consistent with a commitment made by Premier Dalton McGuinty while he was Leader of the Official Opposition. Elevating the position of child and youth advocate to the same level of independence as the auditor general is one more way the Ontario government is providing better protection for vulnerable children and youth. Reforms under the Child and Family Services Law Amendment Act, passed earlier this year and proclaimed today, will strengthen the accountability of children's aid societies, provide an independent complaints mechanism, and allow more children to grow up in caring, permanent homes. Disponible en français << www.children.gov.on.ca >> Backgrounder ------------------------------------------------------------------------- << MCGUINTY GOVERNMENT REFORMS FURTHER PROTECT VULNERABLE CHILDREN New Legislation In Effect Provides Better Supports, Makes CASs More Accountable >> The McGuinty government is committed to helping more vulnerable children grow up in safe, caring, permanent homes and to strengthening the accountability of Ontario's children's aid societies (CASs). Bill 210, the Child and Family Services Statute Law Amendment Act, passed earlier this year and in effect as of today, will help make CASs more accountable to the communities they serve and increase the number of permanency options for children and youth in the care of CASs. More permanency options ----------------------- Permanency options for children in the care of children's aid societies include placement with grandparents, extended family members or a member of the community to whom a child is close, such as a caring teacher. As part of the new reforms, everyone will be required to undergo the same mandatory, rigorous safety assessments before a children's aid society (CAS) approves the placement of a child. This includes a home inspection and background checks of every adult who lives in the home, even close family members. Consistent, easier complaints process ------------------------------------- The reforms will also make it faster and easier for people to make complaints about certain services or decisions they have received from a children's aid society. The new complaints process, to be used consistently across the province, includes third party oversight by an independent body, the Child and Family Services Review Board (CFSRB), over which the Ombudsman will have jurisdiction. The board's decisions will be binding. This process builds on existing provincial safeguards, including the auditor general and the coroner's office. Suzanne Gilbert, a lawyer with many years' experience representing children and families, was recently appointed the new chair of the CFSRB. Child and Family Services Statute Law Amendment Act --------------------------------------------------- In response to the 2004 report of the Child Welfare Program Evaluation, the Ministry of Children and Youth Services launched a broad package of reforms to strengthen the province's child well-being and protection system, and make it more accountable both to the people it serves and to government. The Child and Family Services Statute Law Amendment Act was introduced on June 6, 2005, received Royal Assent on March 28, 2006 and proclamation on November 30, 2006. The Act, now in effect: << - Provides more options for children who can't be adopted so they can grow up in caring, permanent homes - Increases the accountability of children's aid societies through an independent and timely complaints process - Allows openness arrangements that will make it possible for more children to be adopted while keeping important ties to their birth families and communities - Emphasizes customary care arrangements that allow Aboriginal children and youth to maintain important cultural and family ties - Helps to resolve child protection cases outside of the courtroom more quickly through collaborative solutions such as mediation. In addition, complementary policy and program changes underway will: - Bring consistency to the adoption application process to make it simpler for prospective parents - Create a provincewide registry to help match available children with prospective parents - Provide support to parents after an adoption is completed, if needed - Provide children's aid societies with the tools to support and strengthen families facing challenges, so they can take better care of their children - Support sustainability and strengthen accountability of children's aid societies through an amended funding approach. >> Ontario's children's aid societies (CASs) ----------------------------------------- Ontario's 53 CASs receive approximately 160,000 new referrals each year reporting child abuse and neglect. CASs currently have about 9,000 children in their permanent care (Crown wards). Only about 10 per cent of these children are adopted each year. On average, young people in foster and group homes move every 22 months. Having a secure, loving, permanent home will help these children to succeed in school, grow up healthy and become contributing members of their communities. Disponible en français << www.children.gov.on.ca >> For further information: Chris Carson, Minister's Office, (416) 212-7118; Anne Machowski, Ministry of Children and Youth Services, (416) 325-5156