A Proposal for a Series of Child Welfare Policy Resolutions
Proposed by party member Michele Farrugia, Peterborough Ontario
Date: 25/06/2011
For consideration for inclusion in the platform at the pre-election Policy Assembly.
FOSTER CARE
WHEREAS too many children end up in foster care when they could be placed with family members.
AND WHEREAS Grandparents are not automatically deemed parties to a child welfare proceeding or protection application.
THEREFORE BE IT RESOLVED that the Socialist Party of Ontario makes it their position to advocate for changes to the appropriate legislation which would make grandparents automatic parties to child protection proceedings so a judge can decide if they are more appropriate than a foster placement
WHEREAS some agencies have developed a list of Rights for their local foster parents.
AND WHEREAS these documents differ greatly, leaving foster homes without the rights afforded to other community sectors.
THEREFORE BE IT RESOLVED that the Socialist Party of Ontario advocate for a Provincial Foster Care Bill of Rights.
WHEREAS Foster Parents have adopted 58% of all children available for adoption in Canada, if agencies had specific money designated for adoption subsidies, this money would enable a greater number of children and youth with challenges to be adopted.
THEREFORE BE IT RESOLVED that the Socialist Party of Ontario advocate that the Ministry of Children and Youth services direct funds for the purposes of adoption subsidy.
WHEREAS foster parents should not be expected to cover treatment costs for a seriously injured child under their third party liability insurance due to a shortfall in the agency coverage.
THEREFORE BE IT RESOLVED that the Socialist Party of Ontario advocate that the Ministry of Child and Youth Services provide an insurance rider to agency insurance policies to cover contingencies or exceptions for foster children who are seriously injured.
WHEREAS the majority of youth in care find themselves turning 18, having not yet completed high school. This is due to trauma and some of the life experiences that foster children have faced in contrast to the general population as well as when their birthday falls within a calendar year. Lack of a high school diploma is the primary obstacle in the way of our children achieving a post secondary education.
THEREFORE BE IT RESOLVED that the Socialist Party of Ontario will extend the foster home per diem for our youth in high school and post secondary institutions.
WHEREAS deaths sometimes occur of children under the protection of Children’s Aid societies.
AND WHEREAS the public has no way now of learning even how many there are.
THEREFORE BE IT RESOLVED that the Socialist Party of Ontario will advocate for an indepenant body to investigate any deaths related to foster care.
Child and Family Services Act
WHEREAS subsection 15 (6) of the Child and Family Services Act (CFSA) states “No action shall be instituted against an officer or employee of a society for an act done in good faith in the execution or intended execution of the person’s duty or for an alleged neglect or default in the execution in good faith of the person’s duty.”
AND WHEREAS this provision of the CFSA creates too high a bar as a barrier for those attempting to hold accountable the officers or society employees for their wrongdoing
AND WHEREAS it is commonly expressed by child welfare clients that society employees often, if not regularly put false or misleading information in court documents and affidavits which can be contradicted by audio recordings made of meetings with society employees
AND WHEREAS this provision has the effect of protecting officers and society employees from liability once they have done wrong
THEREFORE BE IT RESOLVED that the Socialist Party of Ontario will advocate for the removal of subsection 15 (6) of the CFSA to eliminate the “Good Faith” immunity from liability for officers and society employees
WHEREAS youth who are aged sixteen and seventeen who are not in the child welfare system are not able to be protected by CAS’s because of their age
AND WHEREAS youth who are sixteen and seventeen years of age who are in care may wish to leave foster care before their 18th birthday
THEREFORE BE IT RESOLVED that the Socialist Party of Ontario will advocate to increase the age of protection to 18 with the provision to allow sixteen and seventeen year olds to leave foster care if they so choose
WHEREAS life can be difficult for young people leaving the child welfare system.
AND WHEREAS youth sometimes realize they need assistance or support only after they have left foster care.
THEREFORE BE IT RESOLVED that the Socialist Party of Ontario will advocate for an Open Door Policy which would allow youth of any age who have left the child welfare system to come back for services before their 25th birthday
WHEREAS often CAS employees do not provide full disclosure to those parties involved in child protection proceedings.
AND WHEREAS foster families, foster children, natural families, adoptive families, and adopted children are often left in the dark as to what is in their records for medical or court purposes.
THEREFORE BE IT RESOLVED that the Socialist Party of Ontario will advocate to make all foster care, medical, and other applicable records available to the relevant parties.
WHEREAS the CFSA does not currently define “Medical Treatment” in it’s definitions section
AND WHEREAS “Medical Treatment” is used in the act but its interpretation is unfairly left up to the individual society employees
THEREFORE BE IT RESOLVED that the Socialist Party of Ontario will advocate for a clear definition of “Medical Treatment”
Group Homes
WHEREAS clients are often told that the ministry is licensing the agency, to clean their rooms and be on their best behaviour,
AND WHEREAS agencies often do major last minute repairs in the homes.
THEREFORE BE IT RESOLVED that the Socialist Party of Ontario will advocate for Mandatory Licensing Schedule
WHEREAS agency managers are granted a license each year based on rapport and
THEREFORE BE IT RESOLVED that the Socialist Party of Ontario recreate the licensing process to put emphasis on what clients have to say.
WHEREAS youth in care, their families and community advocates could advocate for improvements to the group homes they live in if their policy and procedure manuals were publicly available.
THEREFORE BE IT RESOLVED that the Socialist Party of Ontario will advocate for making public an online database of group homes and their policy and procedure manuals
WHEREAS ministry licensees are over burdened, over worked and cannot license every home within the year.
THEREFORE BE IT RESOLVED that the Socialist Party of Ontario will advocate for hiring at least 15 percent more group home licensing inspectors.
WHEREAS too often youth are physically restrained for improper reasons where harm is not imminent,
AND WHEREAS youth are often hurt and sometimes killed during physical restraints,
AND WHEREAS physical restraints do not encourage youth to learn to resolve problems without violence,
AND WHEREAS physical restraints are not permitted by natural family members as a form of discipline.
THEREFORE BE IT RESOLVED that the Socialist Party of Ontario will advocate for Ministry directives to group homes and foster homes to use “hands free” restraints or redirection and/or de-escalation techniques as opposed to physical restraints where ever possible.
MINISTRY
WHEREAS the ministry can make regulations behind closed doors and implement them while great effect on clients.
THERFORE BE IT RESOLVED that the Socialist Party of Ontario will make all regulations public and enforce a 30 day public comment period on proposed regulations.
WHEREAS youth are the future and filled with experiences from being impacted by the child welfare system.
THERFORE BE IT RESOLVED that the Socialist Party of Ontario advocate to the Ministry of Children and Youth, for a Youth Engagement Committee.
WHEREAS the public does not get enough notice for every CFSA five year review and often misses the deadline for submissions.
THERFORE BE IT RESOLVED that the Socialist Party of Ontario legislate that two months notice be given for every CFSA Review.
WHERAS the Child and Family Services Review Board (CFSRB) has no enforcement powers due to it being exempt from the Statutory Powers and Procedures Act
AND WHEREAS complaints about CAS staff and decisions should be heard by the courts
AND WHEREAS CAS staff will be more willing to resolve complaints earlier if knowing they will be faced with court action for wrongdoing.
THERFORE BE IT RESOLVED that the Socialist Party of Ontario will advocate to abolish the CFSRB as soon as possible in order to let judges decided complaints about child welfare.
WHERAS CASs are privately incorporated non-profit corporations
AND WHEREAS the Ministry of Children and Youth Services often responds to complaints about wrongdoing by CAS by stating that they only have a “monitoring role” over the agencies
THEREFORE BE IT RESOLVED that the Socialist Party of Ontario will advocate to have the government take over CAS as is the case is most other provinces in Canada.
FAMILY LAW
WHEREAS most courts dealing with criminal and civil matters are now open to public scrutiny, and family courts should be as well. This means that any person could walk in off the street and sit in the courtroom while a family court matter was being heard, and even more importantly, that anyone could examine the file full of documents that is where most of the legal action takes place. To be exact, any member of the public could read all of the documents presented to the judge.
WHEREAS the public has every right to scrutinize child protection proceedings.
THEREFORE BE IT RESOLVED that the Socialist Party of Ontario open all child welfare proceedings to the public.
WHEREAS unrepresented parents are silenced by court officers who make no statement on record, but menace parents with handcuffs when they try to speak.
THEREFORE BE IT RESOLVED that the Socialist Party of Ontario allow defence witnesses in child welfare proceedings.
WHEREAS unrepresented parents in child protection proceedings have to get vital material without specific application but this not the case in a criminal trial.
THEREFORE BE IT RESOLVED that the Socialist Party of Ontario provide an automatic right for parents to receive copies of case conference notes and all evidence used against them in court.
WHEREAS Persons accused of a crime are presumed innocent, meaning that the prosecution has the burden of proving that the accused committed the crime.
WHEREAS There is no such presumption in family court.
THEREFORE BE IT RESOLVED that the Socialist Party of Ontario create a legal presumption of innocence for accused parents.
WHEREAS When a family is examined by professionals, the family should select the professional.
WHEREAS Allowing the child protectors to choose the professional allows for collusion between the professional and the agency.
THEREFORE BE IT RESOLVED that the Socialist Party of Ontario end collusion between child protectors and psychiatrists and similar expert witnesses.
If you have any proposals to be voted on by the membership for inclusion in the platform of the SPO, please email them to socialistpartyofontario@hotmail.ca
