CONFIDENTIAL DRAFT 1

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Ministry of Children and Youth Services Review of the Child and Family Services Act Discussion Document Fall 2009 – Winter 2010

This is a request for public comment. Please note that unless requested and agreed otherwise by the Ministry, all materials or comments received from organizations will be considered public information and may be used and 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. An individual who provides materials or comments and who indicates an affiliation with an organization will be considered to have submitted those comments or materials on behalf of the organization so identified unless the individual indicates that the submission is being made on their own behalf. Organizations include: children’s aid societies; child and family service providers; First Nations/Aboriginal organizations; and professional associations. Materials or comments received from individuals who do not indicate affiliations with organizations will not be considered public information unless the person says it may be considered public information. However, materials or comments provided by individuals may be used and disclosed by the Ministry to assist in formulating changes to the legislation, regulations and/or policy guidelines. Personal information, such as an individual’s name and contact details, will not be disclosed by the Ministry unless required by law. If you have any questions about the collection or use of this information, you can contact the Manager of the Policy and Analysis Unit, Strategic Policy and Planning Division of the Ministry of Children and Youth Services at 416-325-4699.

Contents Letter from the Minister ________________________________________ 2

Introduction __________________________________________________ 4 The Child and Family Services Act________________________________ 4 The Strategic Framework of the Ministry of Children and Youth Services _ 5 Scope of the Review ___________________________________________ 6 To Send Your Response ________________________________________ 9

Better Outcomes for Children and Youth __________________________ 10 Contributing to Common Outcomes _______________________________ 10 Improving Outcomes by Working Together _________________________ 13

Improved Service Experience ____________________________________ 15

Modernizing the Act____________________________________________ 16 Reducing Administrative Burden _________________________________ 17 Improving Accessibility and Recognizing Diversity __________________ 18 Alignment with Other Legislation ________________________________ 19

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Ministry of Children and Youth Services

Minister’s Office

56 Wellesley Street West 14th Floor Toronto ON M5S 2S3 Tel.: (416) 212-7432 Fax: (416) 212-7431

Ministère des Services à l’enfance et à la jeunesse

Bureau de la ministre

56, rue Wellesley Ouest 14e étage Toronto (Ontario) M5S 2S3 Tél. : 416 212-7432 Téléc. : 416 212-7431

Letter from the Minister December 2009 I am pleased to tell you about the review of the Child and Family Services Act (CFSA) and to invite you to participate in it. The CFSA is a key piece of legislation that governs many of the province’s programs and services for children and youth including child welfare, youth justice, mental health, adoption within Ontario, and the licensing of children’s residential services. Taking part in this review, therefore, is taking part in an opportunity to improve services for children, youth, and families across the province. A previous review in 2005 focused on permanency options for children in care of children’s aid societies (CASs), including adoption. Following the review, the Act was amended to address permanency planning for children and youth in care and to establish a common complaint process for CASs. Later, the Act was also amended to create a single, youth-focused, legislative framework that governs custody, detention and community programs for youth in conflict with the law. Our focus, always, is on supporting children and youth so they may be heard, protected, and provided with opportunities to reach their full potential. In these challenging times, it is even more important that we work together with our service partners to improve services for Ontario’s young people. Because, while we have accomplished much, we still have more to do. With this review, the ministry is having a discussion with our partners and clients on the future of the delivery of children and youth services in Ontario. The review will explore ways in which the CFSA creates opportunities or barriers to improving the outcomes and service experiences for children, youth and their families.

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The review will also look at how well CASs are complying with specific provisions of the CFSA when providing services to Aboriginal children and youth. We are confident the findings of the review will help improve the services funded or provided by the ministry. We look forward to hearing from our partners, our families, and all Ontarians. In March 2010 we will report back to you on what we have heard. I am excited to be launching this process as I begin my term as Minister of Children and Youth Services. Thank you for your participation. Sincerely, Original signed by Laurel Broten Minister

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Introduction

The Child and Family Services Act The Child and Family Services Act (referred to throughout the rest of this document as the CFSA or the Act) is the legislation that provides the Minister of Children and Youth Services with authority for many of the programs and services funded or provided by the Ministry of Children and Youth Services. The CFSA requires the Minister to review the Act every five years and to report the results of the review to the public. There are two specific sections in the CFSA that call for its review. Section 224 requires the Minister to: periodically conduct a review of this Act or those provisions of it specified by the Minister; inform the public when a review under this section begins and what provisions of this Act are included in the review; and prepare a written report respecting the review and make that report available to the public. Section 226 further states that every review of the Act must include a review of provisions imposing 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 CFSA can be found on the Ontario government’s e-laws website at http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90c11_e.htm. The Act’s paramount purpose is to promote the best interests, protection and well being of children. The programs and services provided for in the CFSA include:

• Child welfare; • Youth justice; • Child development and child treatment services; and • Community support services.

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The Act also provides for the licensing of children’s residential services and the rights of children while in residential care. Many services in the children and youth service sector are not provided under the CFSA. However, given the ministry’s commitment to better integrate all its services, we are inviting all clients and everyone involved in delivering services to children and youth to take part in the review. MCYS programs and services that are not provided under the CFSA include (but are not limited to) intercountry adoption, child care, Healthy Babies Healthy Children and other early child development programs.

The Strategic Framework of the Ministry of Children and Youth Services In 2004, the government created the Ministry of Children and Youth Services (MCYS) by bringing together programs for children and youth from the Ministries of Community and Social Services, Health and Long-Term Care, and Community Safety and Correctional Services. The ministry’s vision is for an Ontario where all children and youth have the best opportunity to succeed and reach their full potential. In May 2008, the ministry released its first strategic framework, Realizing Potential – Our Children, Our Youth, Our Future. Based on the findings of research and best practice the ministry’s objectives are to achieve better outcomes for clients and improve the experiences of children, youth and their families as they use services funded or provided by MCYS. The framework is intended to guide daily work in the ministry as well as to provide a foundation for future reforms. The overall objectives of better outcomes and improved service experiences are grounded in five linked strategic goals:

1. Every child and youth has a voice; 2. Every child and youth receives personalized services; 3. Everyone involved in service delivery contributes to achieving common

outcomes; 4. Every child and youth is resilient; and 5. Every young person graduates from secondary school.

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Since the release of the strategic framework the ministry has engaged its partners in a discussion on how to move forward together so that these goals and objectives can be achieved. This legislative review provides the opportunity to continue this conversation. Copies of Realizing Potential can be accessed online alongside this discussion document or at: http://www.children.gov.on.ca/htdocs/English/about/strategicframework.aspx.

Scope of the Review There are two aspects to the current review: a general review of the Act that focuses on the objectives presented in the MCYS strategic framework; and a more specific review that explores the provisions in the Act that impose obligations on CASs when providing services to Indian and native persons, including children and youth, with a view to compliance. Submissions or feedback not related to these matters will be considered out of scope and will not be reflected in the final public report. Please note that this is a review of legislation and not an evaluation of specific organizations, programs or services. Therefore, the review process will not address individual concerns.

CAS Compliance with Provisions Related to Indian and Native Persons An amendment made to the CFSA in 2005 requires the ministry to examine the sections of the Act that impose obligations on CASs providing services to Indian or native persons, including children, with a view to compliance. This is the first review under this provision. Input for this aspect of the review is being sought through regional meetings and written submissions. This document does not contain questions related to this aspect of the review.

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General Review Given the ministry’s commitment to improve the delivery of services to Ontario’s children and youth, the review seeks input on barriers or challenges that exist in the current Act, as well as changes that could be made to:

1. Improve outcomes of children and youth; 2. Enhance the experiences of clients in accessing services; and 3. Modernize the legislation by:

o Reducing administrative burdens on agencies; o Better recognizing and respecting the diversity and full range of

abilities of Ontario’s children and youth; and o Bringing the Act in line with other, more recent legislation.

Public Reporting By March 31, 2010 summaries of the findings of both aspects of this review will be available on the ministry’s website at http://www.ontario.ca/child. Discussion Document The purpose of this discussion document is to guide input to the general review by asking questions that identify common challenges and solicit suggestions on how these challenges could be addressed. Suggestions will, in turn, help to guide any future changes to the CFSA, its related regulations and policies. Space is provided for your reply to the questions and to share any additional comments you may have. Please do not feel limited by the amount of space in this document. You are welcome to use additional space or alternative methods to provide your response. You do not need to answer all the questions that are asked. Answer only those questions that are of interest or concern to you. Personal information, such as an individual’s name, address, or other identifying details will not be disclosed. However, to help us better understand the comments you provide, please indicate what best describes your connection to children and youth services.

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What describes you best? Please complete both sections. I am…

A family member or guardian of someone who is now, or used to be, in receipt of services:

• A parent or person with custody of a child • A grandparent • A sibling • Another relative Someone who has been involved in these programs or services Someone who is now in programs or receiving services governed by

the Child and Family Services Act A friend of someone who is now, or used to be, in programs or services Someone who volunteers in this sector (please explain)

Someone who works in the child and youth service sector as: • An administrator • A front-line worker/professional • A foster parent1 • Other (please tell us more)

Someone with a different connection (please explain)

I am… Sending this on behalf of an organization (please identify)

Sending this as an individual If you are sending your comments by mail, please be sure to send this chart with your reply. If you are responding by e-mail, please indicate which category you belong to by putting this information in the subject line of your message. (For example, please put “Reply to CFSA Review from Family 1 A foster parent is defined in the CFSA as someone who receives compensation for caring for a child (except under the Ontario Works Act, the Ontario Disability Support Program Act, or the Family Benefits Act) and is not the child’s parent or a person with whom the child has been placed for adoption.

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Member” or “Front Line Worker Answers CFSA Questions”.) Also, please tell us the numbers of the questions you are answering in the body of your e-mail.

To Send Your Response Your comments must be received by the end of January 2010 in order to be considered in the review. Your response will be accepted in English or French, in writing or alternative formats, such as audio or video recordings. Please send them: By E-Mail: CFSAreview@Ontario.ca By Mail: CFSA Review Strategic Planning and Analysis Branch Ministry of Children and Youth Services 56 Wellesley Street West, 15th Floor Toronto, Ontario M5S 2S3 Please make sure you send your response by the end of January 2010. Thank you.

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Better Outcomes for Children and Youth MCYS is guided by the principle that every child and youth should be better off as a result of the services they receive. Although this principle sounds simple, it involves a shift in how the ministry and its partners develop, deliver and assess services. In the past, discussions related to service delivery focused primarily on the outputs of specific programs (what and how much service is provided). However, for our clients and the public it is no longer enough to look at how many programs and services the ministry funds, or how many children and youth participate in them. What matters to Ontarians are the results of the programs and services: what happens to children and youth after participating, or what benefits are evident once the program has ended. That is why MCYS is committed to focusing on improving clients’ outcomes – on how services for children and youth contribute to their success later in life. While a number of service providers, other provinces and governments have begun to consider this shift, there are no models or “best practice examples” that demonstrate how to use outcomes to drive service delivery. This review presents an opportunity to discuss the role of legislation and the impact of the CFSA on outcome-based service delivery for children and youth in Ontario.

Contributing to Common Outcomes In order for outcomes to serve as the basis for service delivery, it is important for the ministry and its partners to identify, and reach agreement on, the particular outcomes that are critical to the long term success of children and youth. To work effectively it is important to know what we are working towards. This joint responsibility is reflected in one of the goals of the MCYS strategic framework: everyone involved in service delivery contributes to achieving common outcomes.

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An important step in this process is for the ministry and its partners to understand how each program and/or service helps children and youth to achieve these key outcomes, and how program and service delivery can be focused to support these achievements. The ministry has launched a discussion on moving to outcomes-based service delivery by identifying two priority outcomes for children and youth. These outcomes, included in the strategic framework, were selected based on evidence showing them to be key contributors to the lifelong success of children and youth:

• Graduation from secondary school; and • Building the ability of children and youth to recover from adversity –

their personal capacity for resilience. The CFSA’s paramount purpose, “to promote the best interests, protection and well being of children”, reflects additional foundations for the achievement of successful life outcomes by children and youth. This review of the Act presents the ministry with the opportunity to have a discussion focused on whether the legislation effectively supports the outcomes that matter most to young people’s success and to identify any additional outcomes that should be reflected in the CFSA, its regulations or policies. 1. What do you think are the important results for children and youth who

participate in programs and services provided for in the CFSA? Why?

2. Does the CFSA reflect these outcomes and/or effectively link individual

services to these outcomes?

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3. Are these outcomes affected by the physical, cultural, emotional,

linguistic and/or other differences among children and youth? How?

4. Are there specific changes to the Act and its regulations that will help the

ministry and its partners focus on and achieve outcomes?

5. Are there specific changes to policies or guidelines that will help the

ministry and its partners achieve these outcomes?

6. Additional Comments:

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Improving Outcomes by Working Together The programs and services provided for in the CFSA include:

• Child welfare; • Youth justice; • Child development and child treatment services; and • Community support services.

As well, the Act provides for the licensing of children’s residential services and the rights of children while in residential care. Many children and youth involved in these services need more than one type of program or support to help them realize their full potential. When children need multiple services, and when these services are delivered by multiple providers from across a range of disciplines and/or sectors, the ability of providers to work together is a key factor in achieving better results for children and youth. Accordingly, the ministry is committed to improving service alignment and supporting increased collaboration. In this review of the CFSA, the ministry is interested in learning about barriers created by the Act for agencies working with:

• Programs and services provided through the CFSA; and • Other programs and services funded or provided through MCYS (for

example, intercountry adoption, child care, Healthy Babies Healthy Children and other early child development programs).

The ministry may need to explore when and how service providers can share information about clients. Also, consideration may be given to putting in place common requirements across several program areas, or improving consistency of criteria that guide service provision. The ministry is interested in your feedback on challenges and/or barriers the CFSA creates for providers working together, or for the families they serve.

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7. Are you aware of MCYS programs and services that work together to make it easier for families to get the services they need? What does “working together” mean to you? Please give examples.

8. Are there parts of the CFSA that make it difficult for service providers to

work together? Please tell us how. What changes can be made that would support increased collaboration?

9. What changes could be made to the legislation, regulations and/or policy

guidelines that would improve how we work together (e.g. facilitating information sharing, the inclusion of a wider range of sectors, etc.)?

10. Additional Comments:

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Improved Service Experience Clients have expectations on how they should be treated and served, and every day the ministry hears from children, youth and families about their experiences in using its services. As a result, in addition to focusing on improving outcomes, the ministry is committed to helping to improve the experiences people have as they use services the ministry funds or provides. There is an important link between the ministry’s commitments to support better outcomes and to enhance the service experience of clients. The success of all services depends on the participation and motivation of children, youth and families. Without their active and sustained involvement, it is impossible to achieve better outcomes. In defining a good service experience, the ministry proposes that clients should:

• Be supported with respect and dignity; • Have opportunities to shape services they take part in; • Be able to understand and, where possible, make choices about the

services available to them; • Only have to tell their stories once; • Have continuity of care yet be able to move easily between services and

providers when appropriate or desired; • Receive consistent and reliable provision of service; and • Have clear methods for resolving concerns and complaints.

The ministry appreciates your response to the opportunities and/or barriers that the CFSA and its related regulations and policies create to better service experiences. 11. Please describe what a good service experience means to you.

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12. Please tell us about changes that need to be made to the CFSA that would help improve your current service experience.

13. What changes are most important and most urgent? Why?

14. Additional Comments:

Modernizing the Act The CFSA was proclaimed in 1985 and over the last 24 years has been changed or amended a number of times. The ministry is taking the opportunity of a general review of the Act to explore ways in which the legislation can be updated to better reflect Ontario’s current service delivery, social and legislative environments.

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Reducing Administrative Burden In the strategic framework, the ministry commits to reducing the administrative burden it places on agencies so that they can focus on what matters most – improving outcomes and service experiences of children, youth and families. The commitment to reduce administrative burdens is in line with the government’s Open for Business initiative. In the following section, please identify improvements to the CFSA, its regulations and/or policies that will help create a simple, straightforward and more effective environment for service providers to operate their organizations. Consider changes to the CFSA that would:

• Simplify and streamline requirements; • Remove out-dated, obsolete regulations; • Eliminate duplication; and • Explore alternatives to regulation.

15. Do the requirements of the CFSA create unnecessary administrative

burdens? Please explain.

16. Do you have suggestions on how these burdens could be reduced or

eliminated?

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17. Within the context of this review of the CFSA, are there specific things that government can do to make it easier for you to administer your organization?

18. Additional Comments:

Improving Accessibility and Recognizing Diversity Accounting for Ontario’s diversity and the multiple needs of many clients, the ministry’s strategic framework includes a commitment to greater personalization in service delivery. Here, personalization means tailoring services to clients’ preferences, needs, potential and evolving lives. The CFSA directs service providers to “take into account the physical, cultural, emotional, spiritual, mental and developmental needs and differences among children.” This review presents an opportunity to identify areas where the CFSA could be changed to better respond to and meet the needs of Ontario’s diverse population and the government’s commitment to accessibility.

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19. Does the CFSA legislation, its regulations and/or policy guidelines create barriers for people from diverse backgrounds and abilities? Please explain.

20. From the perspectives of diversity and/or accessibility, what could be

changed in the CFSA to improve clients’ service experiences?

21. Additional Comments:

Alignment with Other Legislation Other legislative frameworks can apply to services provided for under the CFSA. It is important to address issues associated with legislative alignment so that:

• Families know the services they and their child or children receive meet current government standards; and

• Service providers are better able to know which requirements apply to the programs they deliver.

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This review presents an opportunity to identify what other pieces of legislation apply to the ministry’s programs and services and where further clarification is needed. 22. What other legislation and/or regulations provide for the provision of

your agency’s programs and services for children and youth? Or programs and services that you or your child/youth receive?

23. Does this legislation agree or conflict with what is contained in the

CFSA? Please explain.

24. Have you ever been uncertain which legislation and/or regulations direct

the work you are doing?

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25. Additional Comments:

Thank you for participating in the review of the Child and Family Services Act.