The Office of the Child and Youth Advocate

CAPHC Conference, Halifax, NS October 23, 2016Presented by: Norman J. Bossé, Q.C.Child and Youth Advocate, New Brunswick

Office of the Child and Youth Advocate

Overview

1- Children’s Rights2- Our Mandate3- Individual case advocacy4- Systemic investigations 5- Research, Education and Outreach

What is a right?• A Standard• An Obligation • An Entitlement• A Freedom

Universally recognizedAll rights are interdependentNon-negotiable

UN Convention on the Rights of the Child

• UN Declaration on the Rights of the Child – 1959

• UN Convention on the Rights of the Child – 1989

• Ratified in Canada – 1991

• The most Ratified Convention in 195 countries,(exception: United States of America)

• 54 Articles (3 optional protocols )(first human rights treaty to protect civil, political, social , cultural and economic children’s rights)

Core Principles

• Non-discrimination (article 2)• Best interests of the child (article3)• Right to life, survival and development(article 6)• Respect for the views of the child (article 12)

The Child and Youth Advocate

A new mandate with a broad jurisdiction-2006-2007; Like an Ombudsman, the Advocate is neutral but not

disinterested: He advocates for children and youth; The Advocate must be accessible, impartial, prompt and fair in

his dealings; The Advocate ensures the child’s voice is heard.

MandateThe Child and Youth Advocate Act establishes:

• An Advocate to ensure that children get the services promised them• To defend their rights and interests and ensure that their voice is heard• A process based first on advocacy, mediation and case conferencing• Strong investigatory powers and powers of recommendation• A clear mandate to educate and inform the public about children’s needs

and their rights• An advisory role to government on all laws, regulations or policies

affecting the rights of children and youth

Stategically our role is to move service providers from a more charitable needs-based approach towards a rights-based aproach centred on the child’s equal human worth and dignity.

Mandate

Child and Youth Advocate Act

A specialised Ombudsman for kids Advocate on behalf of children Convene case conferences Investigate complaints Educate the public Provide advice on laws, policies and

regulations affecting children and youth

Types of Advocacy

1. Defending the rights of individual children and youth on a case-by-case basis

2. Advocating for the collective rights of children and youth through systemic reform

3. Research, Education and Outreach

INDIVIDUAL CASE ADVOCACY

The Child and Youth Advocate as a team member in clinical case conferences

The Advocate’s process: a work in progress

Advocates first – investigation is a last recourseMulti-disciplinary processes are the normInsistence on child-centered, life-cycle approachInsistence on strengths-based practices /interventionsUnfettered access to information Privacy maintained in an expanded circle of careNo decision-making authority, only a power to plead and

recommend

The Advocate’s process: referral sources

Most often parents or guardians – but we are not parent advocates Not enough referrals from youth themselves Increasingly we act on referral from service providers: social

workers, custodial staff, educators and less frequently health care providers

The Advocate can act in an individual case on his own motion, with or without a young person’s consent

The Advocate’s process: a few case studies Case conference convened regarding a young male of 16 years where FASD was suspected, parents had recently split and young person had become homeless. He was charged twice with offences of increasing severity over a three month window. No resources were available but in case conference, social development, public safety, mental health and education services came together and drew up an integrated plan for his transition to foster care.

The Advocate’s process: a few case studies Another case study involved the discharge of an infant from hospital care into her parental home. The Advocate and neo-natal care providers had serious concerns about the discharge plan but child protection approved the discharge plan. An investigation was commenced following which, family services were intensified and within the month the infant was placed under child protection and removed from the home.

Systemic advocacy

The Child and Youth Advocate as a champion of research and systemic change

Child Rights Impact Assessments (cria)

• The essential purpose of Child Rights Impact Assessments is to bring children’s issues to the forefront of government decision-making.

• A CRIA provides a means of helping to ensure the implementation of children’s rights.

CRIA: what is it ?•CRIAs examine potential positive and negative impacts of a proposal on children’s rights.

•CRIA process examines proposed government decisions, including new or amended policies, regulations, or legislation.

•These assessments provide decision-makers with evidence-based perspectives on how proposed government action might affect children’s rights.

•The baseline is the Convention on the Rights of the Child.

Some of the potential benefits of government undertaking CRIA • Increasing the child focus of government•Providing a structured process to implement government’s obligations to children

• Increasing the legitimacy of government decisions impacting children, through accountability and the participation of affected stakeholders• Contributing to domestic implementation of the Convention (UNCRC)

• Avoiding or mitigating harmful effects on children• Considering not just potential short-term but also potential long-term effects of decisions•Improving cross-departmental coordination• Increasing effectiveness in government action and avoiding costly mistakes • Considering alternatives• Providing evidence and support to decision-making

Connecting the Dots•Lack of mental health services•Need for community based residential capacity•Criminalization of mental health behaviors•Better integration of mental health services•Gap in services for 16-18 group

NB’s changing paradigmWe are encouraged by the changing paradigm in New Brunswick, with the potential for positive changes for NB youth, their families, and the province. Evidence of such a paradigm shift is found in the following programs and initiatives:

The Integrated Service Delivery Framework Family Group Conferencing & Family Enhancement Services Youth Engagement Networks Community Inclusion Networks The Department of Education’s push for Community Schools The increased presence of the provincial government in First Nations communities The Centre of Excellence for Child and Youth with Complex Needs

State of the Child report and children’s Rights and Well-Being Framework

•An annual report accompanied by a rights based population health framework to measure children’s rights and well-being in New Brunswick

•Keeping account of our promises to children through nationally standardized year over year measures

•Data disaggregated by gender and ranked against other provinces

•Includes system wide performance indicators and a road-map for better enforcement of the UN Convention on the rights of the Child.

Phone: (506) 453-2789 Toll-free: 1-888-465-1100 Email: Advocate-Défenseur@gnb.ca Website:

http://www.gnb.ca/0073/Child-YouthAdvocate/index-e.asp Mailing Address: P.O. Box 6000 Fredericton, NB E3B 5H1

We want to hear from you!