York CAS accepts recommendations to improve use
of Voluntary Youth Services Agreements;
Province to work with agencies to improve knowledge
TORONTO, April 29,
2024 /CNW/ - York Region Children's Aid Society (York
CAS) failed to respect the rights of a 16-year-old girl who
repeatedly asked for a foster placement before she died, Ombudsman
Paul Dubé's latest investigation has found.
In his report, Rights Unrecognized: Mia's Story, released
today, the Ombudsman details how "Mia," whose family had been
involved with children's aid societies in the past, was in
"emotional crisis" after she was "kicked out" of her home in
October 2019 and left without safe
and permanent housing.
With no other family members willing or able to house her
long-term, she entered into a Voluntary Youth Services Agreement
(VYSA) with York CAS in December
2019. Such agreements are supposed to give 16- and
17-year-olds the "full range" of protection services that are
available to younger children in care.
But even though she specifically asked York CAS to help with a
placement and re-enrolling in school, Mia never received the
support she sought. She was not provided with a foster placement,
and at one point it was suggested that she could "stay in a
shelter," the Ombudsman found.
Her death in 2020 prompted a series of reports and reviews that
are mandatory whenever a child dies within 12 months of receiving
child protection services. Such deaths must be reported to the
Chief Coroner of Ontario and the
Ombudsman. (The Ombudsman's Office regularly reviews these reports
and identifies trends and cases that require follow-up; Mia's case
was one of these.)
The Chief Coroner found that Mia's death was not related to the
child protection services she received. However, the Ombudsman
identified concerns about the adequacy of her care, and launched an
investigation into those concerns.
The investigation, conducted by the Ombudsman's Children and
Youth Unit, uncovered several failures in York CAS's handling of
Mia's case, for example:
- Staff were pressured to stick to an "admission prevention"
approach (i.e., avoiding putting young people in foster care), and
did not fully consider her personal circumstances;
- They had little understanding of VYSAs and what services they
include;
- They did not consider Mia's right to be heard or participate in
the decision-making affecting her, or her specific, repeated
requests for foster care;
- Instead, they suggested she seek a bed in a shelter.
"Because her voice was never heard and her requests for services
were not adequately met, Mia never had the chance to regain
stability and achieve her goal of returning to high school.
Although her death was not the fault of York Region Children's Aid
Society, it highlighted significant deficiencies in the steps that
were taken to protect her," the Ombudsman writes in the report.
He also notes that this is far from the only case the Children
and Youth Unit has flagged regarding complaints about the
administration of VYSAs. His Office flagged 90 such complaints –
dating back to 2019 and involving 30 different CASs – to the
Ministry of Children, Community and Social Services. Given the
Ministry's oversight in this sector, it was also invited to respond
to the findings in Mia's Story.
The Ombudsman found York CAS's actions "unreasonable and wrong"
under the Ombudsman Act and made 20 recommendations for
improvement, all of which the agency has accepted.
Among other things, he recommended that York CAS:
- Take several measures to ensure the voice of any youth
requesting or receiving voluntary services is heard, including
documenting their views in writing and providing them with detailed
explanations about decisions affecting them.
- Ensure staff are trained in how to make decisions that are in a
youth's best interests and incorporate their voice, and in the
legislative and policy requirements around VYSAs.
- Regularly audit the services it provides to youths who request
or receive voluntary services;
- Ensure the best interests and needs of children prevail over
agency strategies such as admission prevention;
- Revise its VYSA policy to ensure shelters are not considered as
a housing option unless specifically requested by the youth and the
shelter would provide significant stability, safety, and meet the
youth's needs for supports and resources.
York CAS has agreed to report back to his Office every six
months on its progress in implementing these changes. "I am pleased
by York CAS's positive response to my report and its commitment to
improving care for youth seeking or receiving voluntary services,"
the Ombudsman says in the report.
In its response to the Ombudsman's findings, the Ministry of
Children, Community and Social Services acknowledged the importance
of increasing knowledge and training in the child welfare sector
about VYSAs and said it would work collaboratively with CASs, their
associations, the Office of the Children's Lawyer and the
Ombudsman's Office on the issue.
The Ombudsman's jurisdiction was extended to children and youth
in care in May 2019. Since then, the
Ombudsman's Office has received more than 7,700 cases about young
people in care, and nearly 1,000 cases about youth justice centres.
In addition to assisting thousands of children with issues related
to child welfare, the Office also provides outreach and services to
children in provincial and demonstration schools, and oversees a
wide range of services for children in the social services, health
and education sectors.
Aussi disponible en français
Full report available at https://www.ombudsman.on.ca
Ombudsman Dubé will be available for media interviews today
between 1 p.m. and 3 p.m.
About the Office of the Ombudsman: The Ombudsman,
established in 1975, is an independent and impartial officer of the
Ontario Legislature. Under the Ombudsman Act, the Ombudsman
reviews and resolves complaints and inquiries from the public about
provincial government organizations, as well as French language
services, child protection services, municipalities, universities
and school boards. The Ombudsman does not overturn the decisions of
elected officials or set public policy, but makes recommendations
to ensure administrative fairness, transparency and accountability.
The Ombudsman's investigations have benefited millions of Ontarians
and led to widespread reforms, including better newborn screening,
a more secure lottery system, more tracking of inmates in
segregation, and improvements to the Landlord and Tenant Board and
to long-term care home inspections.
SOURCE Ombudsman Ontario