On Thursday December 8, 2016, the Minister of Children and Youth Services, Michael Coteau, introduced Bill 89, Supporting Children, Youth and Families Act, 2016 (the “New Act”), which also received first reading on the same day. If passed the New Act would replace the Child and Family Services Act that has been in place since 1985. In the press conference, Minister Coteau referred to the proposed legislation as “the biggest game-changer in child protection in decades”, as the New Act would provide children with the ability to participate in the decisions related to their care in accordance with their age and level of maturity, as well as implement a number of other changes.
The New Act incorporates and builds upon a private members bill, “Katelynn’s Principle,” that was tabled in November 24, 2016, and stemmed from the inquest into the death of Katelynn Sampson, a 7 year old Indigenous girl in the child protection system who was killed by her court appointed legal guardians in 2008.
The New Act proposes a number of changes to the existing child protection laws in Ontario, some of which include: increasing the age of children protected under the Act from under 16 to under 18 years old in certain circumstances; procedures that seek to show respect for the culture of the children under protection, including Indigenous children, by keeping children in their home communities as much as possible; and providing greater accountability and oversight over child protection service providers, such as children’s aid societies
Minister Coteau advised that several amendments under the New Act would result in immediate changes within the first year of the Act being proclaimed, including helping approximately 1,600 youth avoid dangerous situations, such as homelessness or human trafficking when the age of protection is increased to 18 years of age under the New Act. The Ontario government has stated that it plans to establish a committee of experts with experience in child welfare, residential services and mental health to assist with the implementation of the New Act.
Charities and not-for-profits working with children and youth in Ontario will want to monitor the progress of the proposed New Act so that they can take steps to update their child protection policies and procedures accordingly.