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2008 | 2009 Annual Report

ONTARIO PROVINCIAL ADVOCATE FOR CHILDREN AND YOUTH - REPORT - Opacy Ar0809 Eng

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Annual Report2008 | 2009Message from the Provincial AdvocateTHE JOB OF THE PROVINCIAL ADVOCATE FOR Children and Youth is a huge and humbling responsibility. My Office is mandated to offer children and youth a lifeline when they feel that there is no one listening. This Annual Report describes the activities of a relatively new Office. It is designed to outline a very busy year and is written in a manner more “corporate” than the previous Annual Report. To ensure the “voice” of young people

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Page 1: ONTARIO PROVINCIAL ADVOCATE FOR CHILDREN AND YOUTH - REPORT - Opacy Ar0809 Eng

2008|2009Annual Report

Page 2: ONTARIO PROVINCIAL ADVOCATE FOR CHILDREN AND YOUTH - REPORT - Opacy Ar0809 Eng
Page 3: ONTARIO PROVINCIAL ADVOCATE FOR CHILDREN AND YOUTH - REPORT - Opacy Ar0809 Eng

THE JOB OF THE PROVINCIAL ADVOCATE FORChildren and Youth is a huge and humblingresponsibility. My Office is mandated to offerchildren and youth a lifeline when they feel thatthere is no one listening.

This Annual Report describes the activities of arelatively new Office. It is designed to outline avery busy year and is written in a manner more“corporate” than the previous Annual Report. Toensure the “voice” of young people is present,the Report contains a CD created by youngpeople ensuring that the listener has a snapshotof their world.

Over the past year, I have spent a good deal oftime travelling across the Province meeting withthousands of young people. As I submit thisreport, I reflect upon a meeting in Thunder Baywhere a group of First Nations young peoplespoke with passion and eloquence about thedifficult task of leaving their homes andcommunities to attend school in “the big city,”a journey that ended in death for four of theircolleagues. I reflect upon a meeting with a groupof youth in care in Guelph who spoke abouttrying to set a course for themselves in the faceof the barriers that a life-in-care brings. I reflectupon listening to the students at CentreJules-Léger in Ottawa, a Provincial School

for Francophone students who are deaf or hardof hearing, and remember their sense ofisolation. I reflect upon the young people incustody at the Roy McMurtry Centre for Youth inBrampton who had the courage to speak upabout the conditions they were living in. I reflectupon the meeting with homeless youth inHamilton who were struggling to find ways toreconnect to their City and find a path forthemselves, many struggling through the illnessof addiction and poor mental health.

These meetings and so many more, and theincreased calls to my Office over the yearindicate to me one unassailable fact: too manychildren fight so hard for rights that come soeasily to others.

In these tough economic times when we mightbe tempted to give in to the language ofrestraint, we must hold our children just a littlecloser. It is in these times we must invest in ourchildren.

Irwin ElmanProvincial Advocate for Children and Youth

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Message fromthe Provincial Advocate

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LEGISLATIVE CONTEXTThe Provincial Advocate for Children and Youth Act, 2007 set out the mandate for theAdvocate’s Office as an “independent” office reporting to the Ontario Legislature. TheAct states that the Provincial Advocate should:

a) “Provide an independent voice for children and youth… by partnering with themto bring issues forward;

b) Encourage communication and understanding between children and families andthose who provide them services;

c) Educate children, youth and their caregivers regarding the rights of children andyouth…and;

d) [Be] an exemplar for meaningful participation of children and youth through allaspects of advocacy services”

2008-09 ANNUAL REPORT OVERVIEWThe legislation sets out requirements for an “annual report” from the ProvincialAdvocate that reports on expenditures for the fiscal year ending March 31, 2009, andadvocacy services, volume and Office activities for the year ending in December 2009.These are included in the following sections:

How We Serve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 5Casework and systemic advocacy activitiesAccess to Information needed, from a range of ministries and organizationsYouth Participation highlights

Who We Serve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 11Concerns of children and youth relating to the children’s service systemby highlighting significant activities and future actions across the six areasthe office is mandated to serve:

- Child Welfare- Youth Justice- Mental Health- Provincial/Demonstration Schools- First Nations- Special Needs

Who We Are . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 22Increasing capacity to be an “independent” voiceResponding to a 31 per cent increase in callsPrudent management of financial resources

Follow-up on Annual Report 2007-08 . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 24

Closing message from the Provincial Advocate . . . . . . . . . . . . . . . . . . . . page 26

Introduction

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THE OFFICE OF THE PROVINCIAL ADVOCATEfor Children and Youth (OPACY) carries out itsactivities pursuant to the Provincial Advocate forChildren and Youth Act, within all applicablelegislation as well as the United NationsConvention on the Rights of the Child.

Canada ratified the United Nations Conventionon the Rights of the Child (UNCRC) in 1991. Theprinciples underpinning the Convention guidethe manner in which OPACY undertakes its workwith children and youth. The four articlesreflecting the principles of the Convention are:

Article 2 - Non-DiscriminationArticle 3 - Devotion to the Best Interest of

the ChildArticle 6 - The Inherent Right of Life,

Survival and DevelopmentArticle 12 - Respect for the Views and the

Right of the Child to Expressthose Views

The Office of the Provincial Advocate operatesfrom the belief that each child or youth has hisor her own unique story. People can understandeach story through service-specific events, suchas having to ‘live in’ CAS care. These youngpeople also have common needs. Theseneeds are:

Access to practical RESOURCES necessaryfor a successful transition to independence.These may include knowledge, information,opportunity and specific services such ashousing, education and employment.

Opportunity to develop CONNECTION to,and support from, caring adults and othermembers of their community. Opportunityto contribute to and create solutions to lifechallenges.

Confidence and support to VOICE hopes,wishes and at all levels to affect decisionsabout their lives.

Casework and Systemic AdvocacyIn its actions, OPACY is both reactive, as itresponds to phone calls, email and directrequests, and proactive, in that it engages inoutreach to groups of children and youth andinitiates public education.

In response to a complaint or call, members ofthe OPACY ‘casework team’ listen to understandthe person’s story and to achieve resolution. The‘systemic team’ acts when similar, or multiplecomplaints about a common service are receivedto identify where broader reviews, as describedin legislation, are required. Systemic advocacy

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How We Serve

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may lead to an OPACY decision to conduct anagency, or program ‘review’.

As its core function OPACY responded to the3931 calls from children and youth, or those whocalled on their behalf, who had questions about‘rights,’ and/or concerns about a violation ofthose rights. Approximately sixty per cent of thecalls received by the Office in 2009 came fromyoung people themselves. This is an increase often per cent from the previous year. The Casesby Referral Source chart shows the differentgroups of people who made calls to OPACY.

The majority of the calls were from, or about,12 to 17 year olds. Eighty-five per cent related tothe Ministry of Children and Youth Services(MCYS) and the supports and services flowingpursuant to the Child and Family Service Act(CFSA). The remainder, as shown in the Cases byPrimary Ministry chart, were issues related toother provincial ministries or the federalgovernment.

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During the past year, OPACY has advanced itsfocus by formalizing its systemic advocacy workas resources of the Office were realigned undertwo streams: casework and systemic advocacy.

OPACY ‘casework’, in response to calls, continuesto be at the heart of its activities. This casework isdifferent from ‘case management’ procedurescarried out by community-based agencies. Thekey difference is that a Child and Youth Advocatebegins by developing a specific advocacystrategy with the young person and family tocreate solutions and ultimately leveragingsupport that leads to a resolution.

OPACY ‘systemic advocacy’ capacity has beenstrengthened to identify and advance importantthemes. These themes emerge through thecasework and evolve from the informationprovided by young people through the calls,local discussions, or Hub meetings, where OPACYbrings together young people in localcommunities to discuss issues of importance,

Client/Self58.9%

Foster Parent/Guardian1.3%

Grandparent3.2%

Parent18%

Other2.8%

Professional13.5%

Relative1.9%

Cases by ReferralSource

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and other engagement activities. The activitiesundertaken stem from an ongoing reviewof broader concerns or issues raised bychildren and youth. The team works todevelop advocacy strategies, reports, andposition papers focused on broader issuesthat target the underpinning policy andprogram issues, and that ultimately addressthe program and service issues that youngpeople bring forward.

Reaching out and involving young peoplethrough both individual and systemic workprovides an ideal opportunity for an evolvingdialogue about human rights and children’srights as a powerful source of change. ThroughHub meetings and engagement activitiesfocused on child and youth participation,OPACY continues to seek out strategies aimedat helping children and youth gain a sense ofcontrol over their lives, legitimizing theirexperience and strengthening their ability tobe their own advocate.

Access to InformationThe legislation empowers the Advocate toprovide an independent voice for childrenand youth, receive and respond to complaints,conduct reviews and gather information.However, it does not provide an explicitlegislated entitlement to the informationneeded to carry out these duties.

In order to fulfill the mandate, the ProvincialAdvocate requires clear and detailed informationfrom police services, ministries of the Ontariogovernment, transfer payment agencies,children’s aid societies and the Office of theChief Coroner.

In the past year, the Provincial Advocate hasentered into a formal access to informationprotocol with MCYS. OPACY pursued thisagreement when the ministry refused to provideaccess to information in 2008. Despite the newinterim guideline the Ministry recently withheld3 investigation reports related to allegations of

Ministry of Childrenand Youth Services

85.4%

Ministry of Attorney General3.3%

Ministry of Community and Social Services1.2%

Ministry of Education4.2%

None3.2%

Federal Government/out of Province0.6%

Ministry of Community Safetyand Correctional Services

0.4%

Ministry of Health1%

Cases by PrimaryMinistry

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excessive use of force against young people atyouth justice facilities.

OPACY will:� Seek amendments to the Provincial Advocatefor Children and Youth Act to ensure theAdvocate has access to the informationneeded to fulfill his mandate.

Youth ParticipationAs required by the Act, OPACY views the“…participation of children and youth throughall aspects…” as vital to its work. The followingare examples from the past year.

• With the 20th Anniversary of the UnitedNations Convention on the Rights of the Childtaking place this past year, OPACY workedwith key national and international partners tohost a weeklong provincial strategy to engageyoung people and communities in adiscussion about children’s rights and rightseducation. The week culminated with morethan 200 children and youth from across theprovince attending ‘National Children’s Day’at the Ontario Legislature. See page 9 forsome of the key events.

• OPACY has standing at the Reggie BushieInquest into the death of a youth in Thunder

Bay which will explore issues as to how FirstNations youth are impacted when attendingschool far away from their homecommunities. The group of youth who areadvising OPACY had the opportunity to sharetheir list of recommendations with theleadership of Nishnawbe-Aski Nation (NAN)and Northern Nishnawbe Education Council(NNEC). NAN and NNEC have heard and areworking with this group of young peopletowards implementing theirrecommendations.

• As part of its outreach, 20 students,including those not typically engaged, i.e.,those who had been suspended or expelled,community partners, a research team andOPACY supported young people to have avoice through the Westview Review whichused ‘Photovoice’ a participatory actionresearch tool. This review was arecommendation in the 2008 report of theToronto District School Board’s SchoolCommunity Safety Advisory Panel establishedafter the death of Jordan Manners. Seepage 10 for photo examples.

• Community Hub sessions were held inseven locations across the province (Toronto,London, Sudbury, Ottawa, Hamilton, Niagara

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UNITED NATIONS CONVENTION ON THE RIGHTSOF THE CHILD CELEBRATIONS

Highlights of the week:

• OPACY worked with young people and community agencies from across the province to providecommunications training and support to young people participating in public speaking activities relatedto UNCRC activities.

• Political and agency leaders mentored these young people as they developed their own words and thencommunicated them during the reception that took place during National Children’s Day at the OntarioLegislature.

• The Provincial Advocate spoke at the International Children’s Rights conference in Ottawa and was partof an international panel hosted by the Canadian Coalition on the Rights of the Child, to advance theimportance of provincial, national and international dialogue on children’s rights.

• Community Hub sessions were held across the province to engage children and youth in discussion abouttheir rights and the role of the Convention as a means of personal and community advocacy.

• On November 19th, the Ontario Legislature in partnership with Defence for Children International, theProvincial Advocate’s Office and Ontario’s three political parties hosted ‘National Children’s Day’ at theLegislature.

• Young people, community leaders and Members of Provincial Parliament from across Ontario, attended areception hosted by OPACY to listen to young people speak about the UNCRC. After the reception, youngpeople took over the public galleries to hear comments about the Convention, and be recognized by theleaders of the three parties.

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and Guelph) to engage children and youth indiscussion about the topics ranging fromchildren’s rights, issues and concerns relatingto the service system, policing, education andthe work of OPACY.

OPACY will:� Hire community development staff toexpand its capacity to engage youth, thecommunity, and government and to expandpublic education activities.

� Work to expand partnerships with local,provincial and national agencies andorganizations to focus on youth participationand children’s rights.

� Launch a ‘Travelling Art Show’ that pairsphotography and the powerful writtennarratives of young people who spent severalmonths participating in a unique communitydevelopment project. The young peopleused photography as a way to reflect on,and talk about, their school, education andcommunity.

� Release its report titled The Westview Review:A Participatory Action Project in Ontario’sEducation System.

WESTVIEW REVIEW: EXAMPLE OF YOUTH PHOTO.

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MANY ONTARIANS, INCLUDING CHILDRENand youth, lived in a vastly different environmentduring the past year:

• Individuals, families and financialinstitutions felt the impact of the globaleconomic downturn,• Many children and families were affectedby job loss, reduced income and continuousnegative news from media,• 20% more children, youth and adults reliedon food banks,• Ontario government had reduced revenueand its largest deficit in years, and• At the service level, agencies met risingcosts and demands for service with shrinkingdollars due to inflation.

Ontario’s children and youth lived in this context.For many of them, the economic downturn hasadded to their invisibility and marginalized themin society. It has contributed to their lack of asense of control. Many would wonder that, ifadults could not manage in this changingenvironment, how can children and youth?

Each Call is ImportantIn responding to each call received, whetherfrom a child or youth, or individuals who called

on their behalf, OPACY starts by trying tounderstand the nature of the caller’s question,concern or complaint and identifies the ministryprogram to which the call relates. During theprocess of responding to a request forassistance, OPACY, for data purposes, identifiesthe case to be one of four types: rights advice,consultation, complex case situations or disputeresolution. A Child and Youth Advocate thenworks with the young person to create anindividualized response specific to the issuebrought forward.

CHILDREN’S SERVICE SYSTEMAs part of the social fabric, the ‘children’sservice system’ is a set of sometimesinterconnected programs, agencies andservices. The OPACY mandate covers sixsometimes-overlapping ‘sub-systems’ within thislarger system: child welfare services, youthjustice services, mental health services,provincial/demonstration schools, services forFirst Nations and ‘special needs’ services.

The Cases by Ministry Program chart recordsthe cross section of cases OPACY has beeninvolved in during the past year, based on theMinistry program area to which the complaintrelated. Youth Justice and Child Welfare,

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Who We Serve

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divisions of the Ministry of Children and YouthServices, received almost equal numbers ofcalls, despite the much larger number ofchildren and youth involved in the childwelfare system. The sections on the sixmandate areas, below, provide details aboutthe size of the population served and the typesof complaints most likely to be part of callsfrom young people.

A) Child WelfareChild Welfare System: Child welfare, the largestsector within the Ontario children’s socialservices system is comprised of 53 children’s aidsocieties (CASs). Five of these are northernAboriginal children’s aid Societies serving 63 ofOntario’s 134 First Nation communities on andoff reserve. A sixth Aboriginal children’s aidsociety works with Aboriginal children andfamilies in the City of Toronto.

In the 2008-09 year, CASs had 24,659 openprotection cases and provided substitute carefor 27,152 children. A child who is living in careis unable to live with parents or extended

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family and resides for a few weeks or aslong as several years in one of approximately5,000 group home beds or in one of theapproximately 11,000 beds in 7,244 fosterand kinship homes.

OPACY Themes: During the past year, themajority of the child welfare activities related toone of the following themes:

i) frustration with how the CAS workeraddresses needs; does not respondquickly enough to calls/needs, notbeing treated with respect, CAS won’tchange worker

ii) dissatisfaction with residential placement;too far from home, cultural differences,youth requests change, options not“available”, worker unable to“advocate”/to influence CAS, andconcerns about the quality of care

iii) Plans of Care do not meet needs;lack of effective transition plans,disagreement about termination ofplans of care at age 16.

Child Welfare23%

Children’s Mental Health13.7%

Group/Foster Home21.9%

Provincial/Demonstration Schools3.9%

Developmental Delay/Autism0.9%

Other11.4%

Youth Justice23.6%

Out of Provincial/Federal0.6%

Police/Courts1.5%

Cases by MinistryProgram

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Significant System Events• Inquests into deaths of young peopleconnected to the care system continue: from1995 to 2008, inquests were undertaken intotwenty-five deaths of Ontario’s young people.Resulting from these inquests, juries maderecommendations with the hope ofpreventing deaths in the future. Theserecommendations are meant to safeguardchildren and youth. They represent the voiceof the community and have the potential toresult in reform that would benefit those whoare the most vulnerable to preventable deaths.

• In order to understand more about thedeaths of children and youth known to thesystem, OPACY sought, obtained andreviewed the Child Fatality Summary Reportsfrom the years 2007 and 2008.

• In dealing with residential complaints,especially those cases in which young peopleare unhappy in their placements, OPACYmade referrals to two public bodies thatoperate as safeguards within the children’s

services system: the Residential Placement andAdvisory Committees (RPAC) and the Child andFamily Service Review Board (CFSRB). Advocateshave followed up with child welfare agencies,the ministry and service providers to ensure thatrecommendations made by RPAC and theCFSRB have been implemented.

• As part of OPACY involvement with the childwelfare sector, Advocates attended meetingswhen invited by young people. OPACY acts as asupport and resource to ensure the youngperson has the opportunity to express theirviews as decisions are made.

• OPACY supports MCYS’s Expert Panel onFertility and Adoption report, titled RaisingExpectations, which describes existing barriers toadoption. It recommends that: all children havethe chance to have a safe, loving andpermanent family; adoption takes place as earlyin a child’s life as possible; children whobecome Crown wards maintain contact withpeople who are important to them; and families– both parents and children – receive the

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supports they need even after an adoption isfinalized.

• In the fall, MCYS announced the formation ofthe Commission on Sustainable Funding forChild Welfare. The commission was formedduring a time when collectively Ontario’s CASsreported a provincial shortfall of $67 milliondollars and the First Nations Child and FamilyCaring Society of Canada and the Assembly ofFirst Nations entered into Tribunal hearings atthe Canadian Human Rights Commissioninvestigating the inequities in funding for FirstNations Child Welfare Services.

• In December, the Ministry of Children andYouth Services announced it was movingforward with its mandatory review of the Childand Family Services Act. The OPACY was invitedto create a submission as part of the reviewprocess.

OPACY will:� Create an ‘Inquest Database’ so that young

people and stakeholders have access torecommendations from all Inquests. This accesswill provide an opportunity for the public tobring increased pressure on government to acton the recommendations for change andpotentially diminish the risk of more youngpeople dying under similar circumstances.

� Request the Paediatric Death ReviewCommittee Reports from the Office of theChief Coroner of Ontario for the years2007 and 2008 in order to have a morecomprehensive understanding of thecircumstances related to the deaths ofchildren and youth during this period.

� Conduct reviews of children’s residencesand report on the manner residentialservice providers, ministry oversight bodiesand placing child welfare societies respondto the concerns of young people.

� Complete a submission to the Ministry ofChildren and Youth Services as part of themandatory review of the CFSA.

� Endeavour to work with the Commissionon Sustainable Funding for Child Welfare toensure wisdom of lived experience of youthin and from care is heard in theCommission deliberations.

� Create a report that speaks to better lifechances for young people and theirconnection to resources once they leavechild welfare care.

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B) Youth JusticeYouth Justice System: The youth justicesystem must balance public safety withmeeting the needs of young people throughcommunity and custody-based services andsupports. Services and supports includeprobation, alternatives to custody programs,open and secure custody and reintegrationresources. The youth justice system is acourt-mandated component of the children’sservice system. The residential systemincludes approximately 1,300 beds in 69custody/detention facilities. Three new facilitiesrecently opened in the north and one inBrampton.

MCYS has completed the transition ofthe youth justice system into a systemseparate from adults. Additionally, it is shiftingresources from residential to community basedprogramming. The youth justice system isalso attempting a culture shift to ‘relationshipcustody’, which promotes positive andprofessional relationships between staff andyoung people,

OPACY Themes: During the past year, themajority of the youth justice activity related toone of the following themes:

i) access to the Advocate’s Office; youngpeople told advocates are “on vacation forthe summer,” no posters in units, staffrefusing to put calls from the Advocatethrough to the young people, calls toadvocate delayed or denied

ii) lack of programming; little access toprogramming that would assist in therehabilitation or reintegration of youth

iii) poor staff-youth relationships; staff havenot embraced relationship custody, staffare disrespectful, staff are not good rolemodels, staff spending majority of timewith other staff and not with the youth

iv) safety; frequency of peer-on-peer violence,staff message that young people need tobe able to “handle themselves” vs. role ofstaff to protect and supervise

v) neglect of basic care; limited access todrinks including cups of water, small meals,unclean bedding, cold facilities- difficultyaccessing blankets

vi) lack of proper investigations; young peopleallege excessive force was used againstthem; thorough and proper investigationsto determine whether staff actedappropriately or inappropriately in aparticular situation; unable to ascertainwhether additional safety measures shouldbe taken at the facility.

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Significant System Events• The Youth Justice Services Division fulfilledits pledge to close all youth justice unitshoused in adult correctional facilities. Thismove was strongly supported by OPACY,as is MCYS’s focus on the philosophy ofrelationship-custody.

• In the early spring, OPACY began toreceive concerning reports from youngpeople at Brookside Youth Centre, Inaddition to responding to these calls; OPACYconducted a ‘systemic review’ at the Centre,interviewed young people and reported tothe ministry. MCYS responded byconducting internal reviews of the operationsof the facility and implementing a number ofchanges.

• In the summer, youth from the RoyMcMurtry Youth Center, the largest andflagship youth centre for the proposedrelationship custody model, called OPACY onregular basis with serious concerns. Thesecalls substantially increased the total numberof youth justice calls received over last year.As the result of these cumulative issues andconcerns, OPACY established a weeklypresence at the facility, meeting with youngpeople on each unit during the summer.

• OPACY requested, and receivedco-operation from Youth Justice ServicesDivision to ensure that staff and programoperators at youth justice facilities throughoutOntario received direction to respect the rightof young people to receive visits and speakprivately with the Provincial Advocate.

• OPACY initiated a systemic review on the useof ‘secure isolation,’ often understood as‘solitary confinement’. Concerns reportedabout its use in custody facilities across theprovince include unclean units; poor access toarticles of religion such as Bibles and prayerrugs; lack of mental stimulation for youngpeople housed in these tiny cells; and theplacement of young people with seriousmental health problems in secure isolation forlengthy periods.

• During a meeting with the ministry inDecember, OPACY was informed thatinvestigation reports would not be disclosedto the Office. OPACY believes that receivingthe full investigation report and relateddocuments is necessary to ensure that they arethorough and impartial, adequately respondto the concerns of young people and helpavoid other young people being subject tosimilar treatment.

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OPACY will:� Complete its review of the use of secure

isolation in youth justice facilities across theprovince. The outcomes of this evaluativeprocess will be shared in a formal report tobe created by OPACY.

� Continue to monitor the progress beingmade on complaints brought forward byyoung people against the Roy McMurtryCenter and will conduct a review of theCentre in conjunction with its firstanniversary of operation.

� Monitor the province’s commitment toimplementation of ‘relationship custody.’

C) Mental HealthMental Health System: The children’s mentalhealth service component of the broadchildren’s service system is provided, for themost part, to children and families on avoluntary basis. Funded agencies and institutionsprovide a range of both residential andnon-residential counselling and support.Children and youth get services from more than260 mental health agencies, 17 hospital-basedoutpatient programs and two governmentoperated programs. In rural, remote andunderserved communities, video-conferencingtechnology provides consultation through theOntario Telepsychiatry Program.

OPACY Themes: During the past year, themajority of the mental health activity hasrelated to one of the following themes:

i) waiting lists to access treatment service;lack of dual diagnosis services, per diemhomes with no real capacity, lack ofresources for First Nations and in thenorth

ii) lack of supports for youth to transition;from residential to independent living,latency to adolescence to adult

iii) regional discrepancy; resources vary byregion, lack of resources in the north.

Significant System Events• Calls from youth in all sectors indicate thata significant issue facing the mental healthcomponent of the children’s system is thelength of time it takes to access service, thelack of services in First Nations communitiesand the reality that young people in YouthJustice and Child Welfare often have highneed for crossover mental health services.

• OPACY learned from youth in care thatsome adults, doctors and care givers, denythem medical information, do not respecttheir privacy and make decisions on theirbehalf, under the misconception that the“guardian can decide”. In fact, the lawassumes a youth is capable.

• OPACY supported the work of the Centrefor Excellence in Children’s Mental Healthand the Federal Commission on Children’sMental Health.

• The Ministry of Health released its EveryDoor Is The Right Door discussion paper andrequested submissions.

• The New Mentality, a youth engagementproject co-led by Children’s Mental HealthOntario and the Provincial Centre forExcellence for Child and Youth Mental Healthis working with OPACY to create submissionsin response to Every Door Is The Right Door.

OPACY will:� Complete and make public its study and

paper on ‘Consent and Capacity’, anddevelop and provide a public educationprogram as part of a broader OPACY focuson children’s mental health.

� Advocate for increased provincialpsychiatric consultation capacity forchildren and youth, both in person andthrough video conferencing.

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D) Demonstration/Provincial SchoolsDemonstration/Provincial Schools System: TheMinistry of Education is responsible for Ontario’sprovincial and demonstration schools for the deaf,blind, deaf-blind and severely learning disabledand students with Attention Deficit HyperactivityDisorder (ADHD), as mandated under section 13of the Education Act. There are currently eightschools serving children and youth: three for thedeaf; one for the deaf-blind; one Francophoneschool for the deaf, with learning disabilities; and,three demonstration schools.

There are approximately 660 students attendingthese schools: the majority live in the schoolresidence during the week.

OPACY Themes: During the past year, the majorityof the demonstration/provincial schools activityhas related to one of the following themes:

i) dissatisfaction with the residentialcomponent of the schools; some youngpeople/potential new students deniedadmission to the school

ii) communication and systemic barriers forOPACY and the young people in theseschools; youth not always told aboutOPACY, limited youth access to OPACY.

Significant System Events• Orientation to the role of OPACY wasprovided on-site to students in all theProvincial/Demonstration Schools.

• Participation of children and youth fromCentre Jules-Léger in the UNCRC Day atThe Legislature, including translation resourcesto support speakers.

• Two Hub meetings at Schools for the Deaf.

• One Hub meeting at the School for the Blindand Deaf Blind.

• Teachers with fluency in American SignLanguage (ASL) or langue de signes québécoise

(LSQ) are in short supply. OPACY has faced anumber of barriers in accessing ASL and LSQresources to provide translation services foryoung people accessing our resources and aspart of bringing this group of young peopleinto events involving youth participation.

OPACY will:� Expand its capacity to communicate using

ASL and LSQ.

� Continue meeting with the Ministry ofEducation regarding services and OPACYexperience with Schools for the Deaf andDeaf Blind.

� Develop a youth participation strategy withstudents at Provincial and Demonstrationschools.

E) First NationsFirst Nations System: There are 134 First Nationscommunities with members living on and offreserve across Ontario. It is well documentedthat many of these communities face challengesassociated with inadequate housing, extremepoverty, social isolation and the lack of a rangeof services and supports for children andfamilies. In many First Nations communities,children’s social services are practicallynonexistent. There are five designated northernchildren’s aid societies and one in Toronto, allserving Aboriginal communities. There are alsoseven pre-mandated Aboriginal family serviceagencies working towards designation.

Funding allocations for children and youthservices do not reflect the real costs of providingservices in remote communities or thesignificantly higher and more complex needs ofmany Aboriginal children and families. TheOntario Association of Children’s Aid Societiesundertook, at the request of MCYS, theNorthern Remoteness study of funding needsfor Tikinagan Child and Family Services andPayukotayno James Bay and Hudson Bay FamilyServices. This continues to be an issue and

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based on the 2009/10 allocations to CASs thegap between what these two Aboriginal agenciesspent last year and their funding for this yearincreased.

The hearings of the Canadian Human RightsCommission Tribunal into a complaint addressingthe historic and ongoing inequities in fundingprovided to First Nations communities for childwelfare will bring attention to the issue.

OPACY Themes: During the past year, the majorityof the First Nations activity has related to one ofthe following themes:

i) lack of, or inappropriate service in theNorth; Thunder Bay fly-in high school,crisis response doesn’t build capacity,advocacy is labour intensive

ii) lack of, or inappropriate service in urbanand southern communities.

It is evident from the First Nations Identificationby Ministry Program chart that First Nationschildren and youth call about the same fourprograms as the general population, i.e., YouthJustice, Child Welfare, Children’s Mental Healthand Group/Foster Homes, but have made 75 percent more calls related to Child Welfare than thegeneral population.

Significant System Events• In September, OPACY attended the firstdays of hearings of the Canadian HumanRights Commission Tribunal in Ottawa into acomplaint addressing the historic andongoing inequities in funding provided toFirst Nations communities for child welfare.The complaint was filed by the First NationsChild and Family Caring Society of Canadaand the Assembly of First Nations.

• OPACY has standing at the Reggie BushieInquest into the death of a youth in ThunderBay which will explore issues as to how FirstNations youth are impacted when attendingschool far away from their homecommunities. The group of youth who areadvising OPACY had the opportunity to sharetheir list of recommendations with theleadership of Nishnawbe-Aski Nation andNorthern Nishnawbe Education Council.Youth have continued to meet about therecommendations.

• The Coroner’s office is in the early stages ofundertaking a review of the suicide deaths ofFirst Nations Children and youth and askedOPACY to be a stakeholder in the workundertaken.

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• While MCYS has approved emergency childwelfare funding, it has not addresseddocumented historic inequities that continue tobe the reality of First Nations communities.

• In providing its services, OPACY experiencesand hears first hand that the needs of serviceproviders in the north and the communities theyserve are unique given the distance and timefactors that staff must manage as they travelfrom community to community. Those workingfor agencies such as Tikinagan and Dilico havethe added stressors of doing their work in theabsence of the full range of supports and servicesavailable to children and youth in urban andnon-First Nations communities.

• OPACY continued to meet with the Chiefsof Ontario and First Nations in support ofdeveloping the OPACY strategy for the north andfor First Nations, and initiated a trip toNew Brunswick to gain insight on how NewBrunswick engages First Nations communitiesin its child and youth advocacy work.

• In response to serious environmental concernsand health risks to young people, and as

advocated by local community leadership,young people and others including OPACY, theFederal Government made a commitment tobuild a new school for the Attawapiskat FirstNation by identifying capital funding for thiscritically needed school.

• OPACY continued active membership in theNorth South partnership, a coalition of serviceorganizations in the south and Chiefs in the north.

OPACY will:� Continue to work with the Chiefs of Ontario and

other northern and First Nations communities todevelop its strategy for the north.

� Facilitate, in partnership with New Mentality,First Nations youth engagement and a responseto the Ministry of Health’s Every Door Is TheRight Door discussion paper.

� Continue to maintain its involvement in theReggie Bushie Inquest.

F) Special NeedsSpecial Needs System: The term ‘special needs’includes but is not necessarily limited to physical,

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Child Welfare41.3%

Children’s Mental Health13.5%

Provincial/Demonstration Schools2.6%

Group/Foster Home15.5%

Youth Justice18.7%

Other5.8%

First NationsIdentification byMinistry Program

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intellectual, emotional, developmental disabilities,and chronic, severe or terminal illness. Servicesand supports are provided through unconnectedagencies and direct funding options that supporta wide range of disparate diagnoses. Thesediagnoses complicate service provision when theyoccur in a young person who is also getting serviceas part of another “mandate” group, e.g., a youngoffender with special needs. Services do notfunction as an interconnected system.

OPACY Themes: During the past year, the majorityof special needs activity has related to one of thefollowing themes:

i) lack of support to transition into adultservices

ii) lack of in- or out-of-home respite to supportmedically fragile children and youth

iii) lack of educational supportiv) lack of extended summer respite

programming for children and youthwith high needs.

Significant System Events• From responding to individual calls, OPACY isaware some individuals with “special needs”

21

lack capacity to give ‘voice’ to their rights.Life planning as a systems response is, at best,disjointed and at worst unresponsive to theneeds of these children and youth and theirfamilies.

• Work with community groups and parentsto press MCYS and the Ministry of Communityand Social Services (MCSS) to address thefunding gaps and significant waitlists that existprovincially for many of the services andsupports that specifically target families caringtheir children at home, i.e. Special Services atHome, Respite Enhancement funding formedically fragile and technologicallydependent children and assistance for childrenwith severe disabilities benefit.

OPACY will:� Map the Special Needs Service Realm with

the help of significant networks andcommunity groups

� Meet with relevant service providers andadvocacy groups to develop an advocacystrategy around special needs services

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ESTABLISHED BY LEGISLATION IN 2007,the Office of the Provincial Advocate for Childrenand Youth (OPACY) has continued to increaseits capacity to function as the “independentvoice of children and youth.” It is doing this by:

• Managing and planning the functions ofthe Office in an efficient way;• Responding to service needs within theaccountability needs of the Legislature, and;• Increasing staffing consistent with legislatedmandate and government direction.

Organizational CapacityOPACY responded to 3931 calls during the pastyear: an increase of 31 per cent. The requestswere for information and advocacy regardingyoung people’s rights. OPACY has responded tothe resulting increased casework and systemicchallenges as described in this Report.

OPACY did this in Canada’s second largestprovince, one that includes many small andremote Aboriginal First Nations communitiesin the far north and Toronto, Canada’s largestand most culturally diverse city in the south. Thelocation of the Office and staff in Toronto add tothe challenge of responding adequately to theunique needs of Ontario’s childrenand youth.

OPACY will:� Initiate a strategy for the North by

- Hiring three interim Advocates for the Northto respond to, and record, local needs- Meeting with young people in northerncommunities to define what advocacy capacitymeans for them- Applying an index to shape how resourcesare available to northern and First Nationscommunities.

Ontario’s child and youth population and itssystem of social services are larger than that ofother provinces. While still developing its newmandate, OPACY has fewer staff and financialresources per capita than other jurisdictions.

At the beginning of the year, the staffcomplement increased from 21 to 24. Theaddition of a Director of Advocacy Service, aDirector of Strategic Development and a Managerof Administrative Services has helped strengthenand focus the Office.

Over the next year staffing and resources will be akey part of determining how to position OPACY tomeet the geographic, cultural and linguistic needsof children and youth living in Ontario and itslegislated mandate.

Who We Are

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To continue its organizational development inthe coming year,

OPACY will:� Review and modify the OPACY database thatrecords and tracks all calls in support ofmanagement decisions and service delivery

� Increase Advocacy response capacity bycompleting the hiring of new approvedcomplement

Financial ExpendituresOPACY has developed an effective plan to makethe transition from its position within a ministryto its independent role. The plan covers allelements of the organization: staffing, internalstructures, policies and procedures.

To support OPACY and the actions prescribedin legislation, the approved budget for the Officein the ’08-’09 fiscal year was $3.9 million.

OPACY proceeded with its plan and prudentlymade expenditures totalling $3 million. Timingof some activities determined when costs wereincurred to put in place elements of its newindependence.

Independence includes new office space thatsevered the tenant relationship that existed withthe Ministry of Children and Youth Services.Costs related to the new office spaceconstruction and modifications required toaccommodate the planned increase in staff weredelayed from 2008/09 into 2009/10.

Without additional space, OPACY could notproceed with hiring the approved new staff.Service costs related to the new office were notrequired in 2008/09.

OPACY moved to the new office space onNovember 30. It is now proceeding toimplement the approved staffing plan.

AUDITED STATEMENT OF EXPENDITUREfor the Period from April 1, 2008 to March 31, 2009

SALARIES & WAGES $ 1,501,327

EMPLOYEE BENEFITS $ 307,015

TRANSPORTATION & COMMUNICATION $ 276,602

SERVICES $ 871,375

SUPPLIES & EQUIPMENT $ 79,497

TOTAL $ 3,035,816

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Follow-up on OPACY Annual

3

5-7

7-8

8

10

15

16

“…asked for inquest into (Katelynn’sDeath)…transparent public investigation”.

“ ..good information is difficult to come by, andour legislated powers do not expend broadly”1. We appeared before standing committee andproposed amendment to Bill 103- failed2. Made application to Ontario Court of Justice-received some info3. will continue to seek amendments to PACY Actto allow access4. Near agreement on draft protocol with MCYS

“…we invited organizations .. to encourageyoung people to talk about… and strategies fordealing with youth violence…building on theseexperiences we have plans to form a referencegroups or hubs in at least five regions of theprovince”

“In response to recommendations in Falconer{safe school} report…our Office convened agroup at Westview… and will at…First Nationsschool in Toronto…”

“in the past, our Office has assigned oneadvocate to deal with all calls from these[Northern] communities…We will be focusingincreasingly in 2009 on how our office can betteradvocate…in the North”

“…our office undertook a Quality of Care Reviewof a large CAS…the report includedrecommendation that our office is pursuing…acted on.”

“Our office is concerned about the number ofcalls it receives from youth sating they are notpermitted to contact us…ensuring agenciespermit and encourage… will be one of ourobjectives in the coming year.”

Criminal process not yet completed

Protocol signed with MCYS January 13, 2009Meetings with Coroner’s Office- no protocol at presentRedacted information is problematic

Completed

Photovoice project completed by young people fromWestview H.S.

First Nations School Review not complete

Spent time in New Brunswick to understand how theirFirst Nations engagement process has gone and will bebuilding on some of their best practices; have begun initialdiscussions with COO (Chief’s of Ontario)and a numberof First Nations communities

Review completed; Follow up with Ministry, serviceproviders and Children’s Aid Societies on a number ofoversight issues in residential care facilities across theprovince such as use of physical restraints; calls to police bygroup home staff; locked doors in group homes; access tofamily; access to personal property; food. Plan to increasenumber of formal reviews of children’s residences in 2010.

Reports of not allowing access to our office- usually resultin report to Ministry; letter from Advocate’s office; Mostlikely to result in Advocate presence/attendance at facilityor children’s residence

PAGE RECOMMENDATION/ISSUE/STATEMENT FOLLOW-UP STATUS

Note: Quotations below, in the left-hand column, are from the 07-08 Report, available at http://provincialadvocate.on.ca/main/en/publications/ann_report.cfm

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Report 2007-08

PAGE RECOMMENDATION/ISSUE/STATEMENT FOLLOW-UP STATUS

16

17

17

17

19

19

19

“ Our office has been concerned about the use oftasers…on youth in care… we are currentlyinvestigating…and there should be amoratorium…”

“1. STRENGHTHEN ADVOCACY…increase our outreach…”

“2. DEATHS...KNOWN to SYSTEM…we will request standing at inquests held …death…in state care…”

“3. THE NORTH…1. begin by hiring a Director of Service or DeputyAdvocate…2. …an office located in the North? Virtualoffice?...3. additional funding as part of our 2009-2010budget submission”

“4. YOUTH PARTNERSHIPS…to form reference groups/hubs in five regions ofthe province…”

“5. JORDAN’S PRINCIPLE…We will work for (its) implementation inOntario…”

“6.CORONER’S RECOMMENDATIONS … wewish to follow the recommendations… to seehow many are implemented…Advocacy Office isnow well organized… to play a stronger role inadvancing the interests of children and youth

Wrote to Minister of Community and Correctional Serviceson January 30, 2009 requesting moratorium on use ofConducted Energy Weapons (CEW) on children and youth,and met with Minister on February 11, 2009 to discussissue. Minister wrote back on March 23, 2009 to indicatethat Ministry will defer any decision regarding restrictionon use until the Ministry review of CEW’s is complete.

‘Community Development’ week directly focuses onincreasing outreach and education about our officeand children’s rights

Have requested standing at 2 announced inquests; Havewritten to ask for standing at 1 other inquest

Spent time in New Brunswick to understand how theirFirst Nations engagement process has gone and will bebuilding on some of their best practices; have begun initialdiscussions with COO (Chief’s of Ontario) and a numberof First Nations communities

Completed

On April 22, 2009 the Ontario government announcedtheir support for Jordan’s Principle and pledged to workwith First Nations and the federal government to ensure itis honoured and applied in the province of Ontario.

The Advocate’s Office will be launching an InquestDatabase that will enable the public to access and trackinquest recommendations and the commitments of therecipients. It will also assist the Advocate’s Office inidentifying trends and issues across inquests and willprovide the Advocate’s Office with the tools to ensure thatpast inquests inform all aspects of case and systemicadvocacy.

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DESPITE THE SIGNIFICANT SYSTEM EVENTSoutlined in this report as well as the work ofOPACY and others in this past year, much workstill needs to be done to support Ontario’schildren and youth, and their families. We needto work harder for:

• Families within the disability communitywho have critical needs for support tomaintain a child at home. They feel trapped ina tug of war with government and serviceproviders and as waitlists for funding andresources grow, many parents are isolated andalone to address the extensive care needs oftheir children.

• The young people in custody who are oursons and daughters, friends and parents to be,Ontario’s next policy makers, plumbers,carpenters, doctors, nurses, entrepreneursand everyday workers. More must be done toinvest in the success that can result fromresponsive relationship custody. We cannotjust define this group of youth as “youngoffenders.”

• A young person requiring mental healthservices, a safe, warm and caring place, and/orformal assessment, diagnosis andclinical/psychiatric support. Mental healthmust remain a priority and be equitablyavailable across the province.

• Students in Ontario’s schools for the Deaf,Deaf-Blind and Demonstration schools whoprovide powerful insight into the complexities oflanguage, communication and culture within theeducation system. Language and communicationbarriers present in many aspects of their lives limittheir future.

• Youth, living in care and when they leave childwelfare care, to ensure they have better lives.Despite the often best intentions of serviceproviders, the child welfare system does not lenditself well to supporting permanent homes, or insome cases a sense of control which youngpeople need.

• Children and youth in our First Nationscommunities where high rates of attempted andcompleted suicides have moved beyond the pointof crisis in some communities. These children livewithout basic medical and mental health servicesand resources and in extreme poverty. In themidst of this overwhelming sense of hopelessness,some have attempted to end their own lives.

Why is it that some work so hard for rights thatcome so easily to others? In the coming year, I amcommitted to ensuring the Office of the ProvincialAdvocate for Children and Youth uses its resourcesto be a vehicle for lasting change.

Irwin Elman

Closing Message

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DEQUATE SHELTER LAUGH PRACTICE YOUR CULTURE RIGHT TO LIBERTY DIGNITY MEDICAL CACCESS TO INFORMATION FREEDOM OF CHOICE SAFETY HAVE A SAY ASSISTANCE BE AND FEEL SAULTURE ENJOY A DECENT LIFE EXPRESSION WORK COMMUNITY PARTICIPATION NUTRITIONEATED FAIRLY CARE SPEAK YOUR LANGUAGE CLOTHING RELIGION WELL-BEING REST VOICE YO

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YOUR RIGHTS ARE