OACAS Makes False Claim

December 10, 2012 permalink

The Ontario Association of Children's Aid Societies has realeased its Child Welfare Report 2012 (pdf). On page eight it makes the claim that children's aid societies lack the legal authority to protect youth over the age of 16. John Dunn unmasks the claim as an outright falsification. The authority is in the law now, but requires the consent of the person to be protected. What CAS really wants is authority to impose its services against the will of the beneficiary.

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Monday, December 10, 2012

OACAS Spreads False Information in Child Welfare Report 2012

The Ontario Association of Children's Aid Societies (OACAS) released a report titled 'Child Welfare Report 2012' wherein Recommendation #3 contains blatant lies to the public, to the Minister of Children and Youth Services, to the Media, and to MPPs, by spreading false information regarding Children's Aid Societies (CAS) inability to protect 16 and 17 year old youth.

In the recommendation, the OACAS knowingly, falsely claims that "Incredibly, Children’s Aid Societies are not permitted to protect children who come to their attention after their 16th birthday" and that "If a new case of possible abuse or neglect comes to the attention of a Children’s Aid and the youth is 16 or older, the agency is powerless to act."

Currently section 27 of the Child and Family Services Act already gives authority to CAS and to the courts to provide services to youth over sixteen if the youth want such services and enter into an agreement for such.

Section 27 reads as follows:

Consent to service: person over sixteen

A service provider may provide a service to a person who is sixteen years of age or older only with the person’s consent, except where the court orders under this Act that the service be provided to the person. R.S.O. 1990, c. C.11, s. 27 (1).

Source: CFSA

If you read it carefully it basically says that a CAS and a youth sixteen or older, if the youth wants it, can enter into an agreement for services (foster care or other services). It also says that even if the youth does not want the services, if the CAS convinces the court that the youth needs it, the court has the power to order those services.

If the OACAS and the CAS were to win changes to the legislation as they are asking government to do, it would take away the older youth's choice entirely making it mandatory that the sixteen and seventeen year old youth go into foster care or receive forced services even if they don't want them.

Basically throwing away the UN convention on the Rights of the Child to be heard and / or considered in the decision making process concerning their lives.

John Dunn of the Foster Care Council of Canada has sent the following e-mail to the OACAS to ask for clarification on this issue and the OACAS refuses to respond to it.

OACAS
Media Relations

According to the Home page of the OACAS, the OACAS and Ontario Children’s Aid Societies recommend raising the age of protection to 18 and they believe Children’s Aid should have the ability to intervene when older children are abused or neglected and be able to work with children and their families, and help them make connections in the community to access supports and services.

However, currently section 27 of the Child and Family Services Act already gives the Societies and the courts authority to provide services to youth over the age of sixteen as long as the youth wants to receive those services and gives consent. (See below)

Consent to service: person over sixteen

A service provider may provide a service to a person who is sixteen years of age or older only with the person’s consent, except where the court orders under this Act that the service be provided to the person. R.S.O. 1990, c. C.11, s. 27 (1).

Can the OACAS please explain why they are lobbying the government to increase the age of protection to 18 when they already have the ability to do so under the current legislation if the youth consents to such services?

Sincerely

John Dunn
Executive Director
Foster Care Council of Canada
http://www.afterfostercare.ca

As an MPP, please ensure youth in care or under the eye of a CAS can continue to choose whether they want to be apprehended or not, or to receive services against their wishes by default. Currently the CAS can do so with checks and balances in place via the courts. Don't take away the choice of youth in care to stay at home if they so wish.

Source: Foster Care News, John Dunn