I’d like to ask my friend from Ottawa Centre what is really missing in this act. There are so many things that could have been done to make life better in Ottawa Centre and across Ontario. What’s really missing that could have been addressed in this plan?

Thank you to the member for Ottawa Centre for your presentation. I want to raise some concerns that the Ontario Association of Children’s Aid Societies raised. They talked about how, while this bill does something to improve people while they are in care, there’s nothing in the bill that addresses why children end up in care in the first place.

Can you speak to what you’ve heard from stakeholders or from your own experience in your riding about what we can do keep kids safe and loved in their families, in their homes?

Further questions?

Thank you to the member opposite for his statement this morning.

Yesterday afternoon, we heard in the Legislature from the member for Hamilton Mountain, who said that this legislation has taken a number of steps in the right direction, that this area has been neglected for years, and that we are doing good things in the legislation.

With that, I want to ask if you thought new enforcement tools proposed in the bill and more information about the track record of service providers with a history of non-compliance posted on the government’s website is a good step in the right direction, if you would support that, and if you want to tell us about any other parts of the bill that you think are worth supporting and a step in the right direction.

Please direct your comments through the Chair.

You’ve been here long enough to know that.

I’m pleased to rise and ask a question of the member of Ottawa South.

One of the features of this legislation is that it creates new tools to ensure compliance, which will apply in every licensed out-of-home care setting. The new tools include orders to return funds, administrative monetary penalties and increased fines to ensure that it simply will not be possible to make a profit by providing poor care to children.

To my question, though, to the member from Ottawa South—Bill 188 proposes to entrench rights for youth overall. How are they doing that—the past relied on the Ombudsman Act. This particular legislation now would put that right within the Child, Youth and Family Services Act to remove any lack of clarity on the rights youth have with respect to the Ombudsman—

I thank you for the question.

As I said, we’ll be supporting this bill.

There was something you said that kind of stuck in my head, and that’s that people can’t make a profit from delivering poor care to children. Well, I’m not sure getting a profit in caring for children who are wards of the crown is something that we should be encouraging or doing—and again, that’s all of us. I’m not trying to point a finger over there. Governments have done that—started to do that. I think we have to not do that anymore and ensure that we’re working with people who aren’t making a profit, or we’re delivering the services ourselves.

I thank you for the question and your kind words.

I want to say something about my mom. My dad would not be there all day, so my mom was there. There was a cook, but she had three children under three. At the same time, there were a whole bunch of children who required care and required a parent—like a parent and someone there who was in residence. I sometimes romanticize it, but I’m sure, for my mom, with three kids under three, it was sometimes a lot to handle. I’m glad they did it.

Again, in coming here, there are a lot of things that we have to remember. That’s why the child advocate is important. We need to remember we have these children who are wards of the crown—that’s us, folks. That’s our job, so we have to strive to do better all the time. And as I said earlier, we’ll always come up short.

We have to do more to give families the support with regard to mental health and addictions. Again, it’s something we’ll come up short in.

Yes, it’s heartbreaking when you think that you turn any child over just simply because you couldn’t give them what they needed.

The point I was trying to make about it—and it wouldn’t force me to vote against the bill—is that there are things that are missing in terms of the support that we need to prevent and to enforce. That’s not pointing a finger. It has been the constant problem with governments, not just in here, but across this country. That’s what my point is. We need to do better at that.

And it really would be good for all of us, no matter what side we sit on, to have an independent child advocate. Those children need a voice. Their voices are really hard to hear.

Response?

To my friend from Ottawa South, thank you for the remarks.

I’m wondering if, in this question and answer, we can brainstorm about other ways in which we can encourage people to become foster families, to encourage the creation of non-profit, safe homes for kids interacting with the child protection system.

Just as a thought exercise, I think about our great pension plans that exist in the province of Ontario and the fact that they need more contributors to survive, and that these huge pension plans—be they OMERS or HOOPP or teachers—need more contributors. So instead of having a for-profit element to the child protection system and thinking of incentivizing people to get involved on the basis of a money-making enterprise, what if we told foster families that they could be part of an established pension and benefits program maintained by the province of Ontario? What if we brought that to Indigenous communities so people who made that sacrifice of opening up their family homes could enjoy a dignified retirement, thanks to their service, and the province had their back? That’s a way in which we can reward people who do this kind of caring profession. I’m wondering what the member thought.

I’d like to commend your parents for what they did. It’s wonderful to hear something like that.

This bill proposes a modern and flexible suite of tools that will empower the ministry inspectors to improve compliance rates among licensed providers of out-of-home care to children and youth. A high rate of compliance would mean that young people in out-of-home care receive a consistent, high quality of care that is safe, supportive and responsive to their needs.

Does the member opposite support stronger oversight and accountability for those providing care for Ontario’s most vulnerable young people?

Thank you to the member from Ottawa South for his comments.

I appreciate the fact that you said it’s a good bill and you’ll be supporting the bill. We don’t have enough of the support that I would like to see coming from the other side of the Legislature on some of our bills, so I’m glad you like this one and you’re going to work with us.

In that regard, I think that the bill proposes a number of things that are very useful. One is that any appeals of the Licence Appeal Tribunal to the Divisional Court will not automatically result in a stay of decision. The Divisional Court would need to be satisfied that a stay would not pose a risk to the health, safety and welfare of a child. I would imagine the member agrees that the welfare of children and youth must always come first when considering matters of administrative fairness for service providers. I know you said that the money has to be there to make this a reality. But I do think some of these changes, like this one, can also make things better. That’s what we do here in the Legislature—improve the legislation. Would you agree?

It’s a pleasure to join the debate on this important legislation this morning, on behalf of the residents of Simcoe–Grey.

Bill 188 is titled Supporting Children’s Futures Act. I ask this House, what can be more important to our collective future than the well-being of our children? This question encompasses all children, including those at risk of abuse and neglect—in fact, probably particularly those children. It is said that a society can be judged by how it treats the most vulnerable, and I think we can all agree that our children at risk are among our most vulnerable. I appreciate the comments that I have heard from both my colleagues from Ottawa and their support for this legislation. It is an ongoing and evolving sector, and this legislation is part of this government’s effort to continue to improve our services for our most vulnerable.

Protection services are mandated under the Child, Youth and Family Services Act, 2017, and these services are provided by children’s aid societies.

Licensed out-of-home care refers to the provision of care to a young person in a home or setting that is away from the home of their parent or guardian.

Children and youth are placed into out-of-home care for a range of reasons in addition to child protection concerns, including being in conflict with the law, human trafficking, complex special needs or mental health and/or addiction treatment needs.

Care may be provided in foster homes, children’s residences or staff-model homes. Most children placed in out-of-home care are cared for in foster care.

Children’s aid societies are also responsible for Ontario’s public adoption system, adoption planning, recruiting adoptive parents, training, matching, facilitative adoption placements and providing supports. Private and intercountry adoptions are managed by licensees under the CYFSA of the Intercountry Adoption Act.

Over 7,000 children and youth in care in Ontario are served by 424 licence holders, and 301 group homes serve approximately 1,680 children, and 4,038 foster homes serve approximately 5,700 children.

Speaker, our government has undertaken a comprehensive redesign of the child welfare system in Ontario, and we did this because every child and youth deserves a decent start in life and a safe and stable home, regardless of their circumstances. Through the redesign, this government has introduced new initiatives to improve the quality of care in out-of-home settings which include:

—developing a new framework for what out-of-home care looks like;

—increasing and enhancing oversight and accountability for out-of-home care;

—supporting that oversight by adding 20 new positions across the province to support the management, inspection and oversight of out-of-home care for children and youth; and

—launching the Ready, Set, Go program, which provides youth in the care of children’s aid societies with the life skills they need, starting at 13, and financial support when they leave care, up to the age of 23, so that they can focus on post-secondary education, including the skilled trades, or pursuing employment.

In addition, we’ve implemented these initiatives after consulting widely in the community and with these service providers to better serve children and youth and understand their needs; and bolstering customary care arrangements to focus on family-based options, like kinship and foster care, to ensure children, youth and families have a strong voice in decisions about their care.

We have worked extensively on improving the quality of the child welfare data to establish a baseline of common measures across children’s aid societies that can be reported publicly. We all know that data is important to measuring our evolution and our progress, and what gets measured gets accomplished. And along with that, we have developed an outcomes-based performance measurement framework.

Speaker, we have also updated the Child, Youth and Family Services Act to better protect youth in care from human trafficking. Through those changes, we have made the role of children’s aid societies clear so they can intervene in situations where a child is a victim of sex trafficking or is at risk of being trafficked—and we know this is an ever-present and ever-growing trend. We have allowed child protection workers and police to remove 16- and 17-year-old victims of child sex trafficking, to voluntarily access protective measures and supportive resources. And we have increased penalties for traffickers who interfere with or harbour children who are subject to an order of supervision or care by a children’s aid society. These changes have strengthened children’s aid societies’ ability to intervene in child sex trafficking, made the role of societies in these cases more clear, and promoted consistent responses across the province.

With the Supporting Children’s Futures Act, we are continuing this hard work to build on what our government has achieved, and moving forward towards an Ontario where no one is left behind.

Speaker, as part of the development of Bill 188, this government consulted across the child welfare sector to develop the measures contained in this bill. Ministry staff held over 30 virtual engagements with various stakeholder groups, including youth with lived experience. We have also engaged stakeholders through the Ontario Regulatory Registry, where we received over 35 written submissions on the proposed changes.

As a result of this consultation process, Bill 188, at its core, is about protecting children and youth in Ontario’s care today, through new measures for safety, service, oversight, accountability and privacy, and providing better opportunities for children and youth who are in care in Ontario today to thrive as the adults of tomorrow, as they grow.

Speaker, if passed, this bill will protect children and youth in care and provide them with a better future by strengthening oversight and enforcement tools for out-of-home care, protecting privacy of youth formerly in care, and updating the Child, Youth and Family Services Act with lessons learned since it became law. The proposed changes in this bill will improve safety and independence for children and youth in care and assist them in moving on from care. In the short term, these measures will ensure safer and more consistent services for children and youth who need to live away from home. In the longer term, these measures will ensure these children and youth will be better prepared for adulthood and for success in their lives.

We are strengthening oversight for a number of critical reasons. To make sure applicants are fit to provide quality care, this bill proposes a more thorough application process and new powers to refuse a licence on several grounds, most importantly in the public interest. To ensure all children and youth in care receive safe, high-quality services, this bill proposes to increase accountability for all operators. This includes requiring inspectors to take certain actions when they find non-compliance.

In addition, we are introducing a better range of penalties, including compliance orders, administrative monetary penalties, and enhanced charges with larger fines.

All members of this House have seen the shocking instances where some providers have failed to provide high-quality care. And our government has been very clear that there is no room in our province for these bad actors who do not operate in compliance with the law.

As a result, this bill proposes new, high impact enforcement tools to root out bad actors, such as:

—an order for funding to be returned where a licensee has failed to use funds in accordance with the terms of service agreement for a child;

—an order for new management for an out-of-home care setting; and

—restraining orders which would restrain individuals employed or otherwise engaged by the licensee to provide direct care to or supervise a child or a young person in a children’s residence where there are reasonable grounds to believe that there’s an imminent threat to the health, safety and welfare of any child or young person by that care setting.

We’ve also introduced a new type of order, compliance orders, which would instruct the licensee to do something or refrain from doing something to achieve compliance.

We are creating new provincial offences for people in the sector who violate a youth’s rights to be free from corporal punishment, physical and mechanical restraints, and detention.

And we are enhancing the penalties for provincial offences under the act to fines of up to $250,000, imposing imprisonment for a term not more than one year, or both; and for a corporation convicted of offence, fines of up to $250,000. We are also introducing new administrative monetary penalties of up to $100,000.

Bill 188 proposes a number of important procedural changes to existing processes which include the following:

—for inspectors to follow certain steps when they find instances of non-compliance during inspections;

—for inspectors to conduct an investigation with a warrant when there’s reason to believe an offence has been committed;

—changes to the appeal process for licensing decisions, conditions, suspensions and revocations, and ensuring that any appeals of these decisions will not automatically result in a stay of the decision; and

—changes to the appeal process to require the applicant or licensee to file more information with the ministry, to clarify what constitutes evidence before the tribunal, and to clarify the orders that the tribunal can make following an appeal.

These changes are crucial new tools to uphold service providers to the high standard of care that our children and youth deserve and our government expects. These new and enhanced penalties give ministry inspectors a more responsive and useful range of tools to use when they find a service provider that isn’t consistently complying with the requirements and providing the best care for their wards. The offences are new. The fines are new or enhanced. The amounts are raised by orders of magnitude sufficient to deter service providers from thinking they can profit by providing poor or dangerous care.

Speaker, this act also strengthens the privacy of the individual children and youth. To protect the privacy of the children and youth once they leave care, this bill restricts access to records held by the children’s aid societies about a child or youth once they are no longer in care. These changes aim to enhance the privacy of children and youth with a history in the child welfare system by restricting access by others to their child welfare records, through regulations to be developed.

This bill will also enable adults with a history of child protection involvement to publicly identify themselves and speak about their experiences.

These are important changes. It is important that children who grow up in these types of environments have the same rights as others to talk about their past, to talk about their experiences and to move forward in their lives. This change clarifies an ambiguity in the CYFSA that permitted the interpretation that former children and youth in care were breaching their own privacy by talking publicly about their past experiences in care. This clarification aims to better protect the privacy of adults who were former children and youth in care by restricting access to their records by others, while permitting them to speak freely about their lived experience, as can any of us in this House. This clarification gives former children and youth in care the same right to speak about their childhood as everyone else.

Through Bill 188, we are also updating the Child, Youth and Family Services Act to make it clear and consistent across the sector. Bill 188 proposes to establish clear and consistent practices in the Child, Youth and Family Services Act through a number of new measures. This bill has provisions that will permit information-sharing between children’s aid societies, the College of Early Childhood Educators and the Ontario College of Teachers, to enable timely action when there is an allegation of a risk to children involving a teacher or an early childhood educator. This information-sharing would support investigations or hearings by the professional colleges.

Speaker, this change will also expand the current list of professionals who can receive personal information from children’s aid societies, beyond regulated child professions, social workers and social service workers, to include teachers and ECEs.

If passed, this bill will clarify that ECEs are a profession with a duty to report children in need of protections. Currently, under our system, only ECEs working in designated roles have an explicit duty to report. This change will also mean that ECEs who fail to report a child in need of protection may be subject to penalties, like the other professionals who have this obligation.

The bill will also enable the Ontario College of Social Workers and Social Service Workers to share information about its members with bodies that govern other professions and with others such as children’s aid societies. Currently, the Ontario College of Social Workers and Social Service Workers is not permitted to inform other parties that an investigation against a member is under way unless the member consents or until the investigation concludes. The college itself has requested this change, to be more consistent with other health professionals whose professional colleges are able to disclose information in a timely manner to reduce or eliminate the risk of harm.

Another important aspect of Bill 188 is to clarify the circumstances when children and youth must be informed about their rights to complain to the office of the Ombudsman. Currently, the Ombudsman Act guides how and when children and youth in care are informed about the office and the role of the Ombudsman. Currently, service providers rely on the CYFSA and not the Ombudsman Act to determine their responsibility to children and youth in care, and this creates a gap so that not all service providers, let alone children and youth, are aware of their right to contact the Ombudsman. We believe that by clarifying these obligations in the CYFSA in Bill 188, we are ensuring that all licensees will be aware of their obligations and able to utilize them if necessary.

Bill 188 will enhance transparency in reporting by allowing sector workers to file enabling offence declarations, to ensure that everyone who needs to provide a police record check as a condition of their employment is able to notify their employer if there is any change in their record between the required updates.

Speaker, there are also a number of actions that are not in this bill but that are contained in recently filed regulation changes. Our government has been clear that Bill 188 is an important step in the child welfare design process. That is why, in tandem with introducing this bill, we filed two regulations—namely, O. Reg 155 and O. Reg 156—that will come into force on January 1, 2025, containing a number of new measures, including the following:

—mandating information-sharing between children’s aid societies and the ministry about specific health and safety risks to children in licensed out-of-home care settings;

—requiring information-sharing between different children’s aid societies, as needed, to support service planning of children placed by one children’s aid society into the jurisdiction of another;

—requiring children’s aid societies to visit children in their care placed in out-of-home care more frequently, so every 30 days instead of every 90 days;

—requiring unannounced in-person visits by children’s aid societies in certain circumstances; for example, if a visit cannot be scheduled because the society was unable to contact the child or the caregivers, or if there are concerns related to the well-being of the child; and

—clarifying and enhancing rules prohibiting certain methods of discipline in licensed settings, like rules prohibiting the use of derogatory or racist language directed at or even used in the presence of the child;

—requiring licensees, their staff, and others to report to the ministry where there are reasonable grounds to suspect the use of prohibited methods of discipline in a licensed setting;

—requiring that licensees ensure that staff and foster parents providing out-of-home care do so in accordance with the licensee’s program description set out in their application;

—enhancing rules for record-keeping of financial arrangements with respect to the provision of licenced out-of-home care for the child;

—requiring bedrooms in children’s residences to have doors, to provide a reasonable degree of privacy;

—requiring bedrooms in a foster care home to have a physical or visual barrier, to provide foster care children with reasonable privacy;

—providing clarity in cases where there is a conflict between the regulations applicable to licensees and recommendations made by the local medical officer of health;

—enhancing rules on financial reporting to be prepared by licensees;

—clarifying the rules governing the use of physical and mechanical restraints by foster parents; and

—adding new provisions to set out offences for contravention of rules specific to the use of physical and mechanical restraints, prohibited methods of discipline and intervention that may be used in licensed out-of-home care settings, and nutrition and food to be made available to residents in licensed children’s residences.

Speaker, these are all changes that are part of our evolution ensuring that all children in this province have the best start to set them up for a successful and prosperous future—and from the conversations we’ve had this morning, we all can agree that is of critical importance.

I’d like to end my comments today with a quotation from Diana Frances, a former foster child who wrote to express her support for this legislation: “I am writing to express my support of Bill 188: supporting the futures of children and youth act, that is currently before the Ontario government. Speaking from my life experience, I believe with all my heart that these improvements to the safety, well-being and privacy of children and youth in care are of vital importance. Many important changes have been made to the system since I was adopted, given up again at 13 and placed with another family as a ward of the province. However, more issues need to be updated and amended as our social structure changes and social media poses new risks to privacy and safety.”

I want to thank Diana for sharing her lived experience. It’s part of the evolution, and this government is committed to—

Thank you to the member from Ottawa South.

I also want to thank the member from Ottawa Centre for your words earlier.

I want to put out a problem that I’ve encountered. I don’t know whether you can answer this or not. I’m aware of a family who was raising kind of an adopted niece—so it was sort of family. The niece got in trouble eventually, as a teenager, and needed addiction services, but the only way the family could get access to those services was to make her a ward of the crown. They could not access those services as the family who was actually caring for her. I’m wondering if you can speak to that, or perhaps this is something that could be discussed when this goes to committee.

It is now time for questions.

Thank you to the member opposite for your presentation.

I would like to draw attention to some feedback that the Ontario Association of Children’s Aid Societies gave on this bill. While the overall intent of the bill is certainly supportable and there are some wise changes here, the society raised the issue of how we stop children from ending up in this situation in the first place.

What steps is this government looking at taking to ensure that children don’t need to end up in care?

We know that children and youth involved in the child welfare system have already faced a lot of challenges, well before the time that they interact with the children’s aid society. Unfortunately, a lot of these youth often experience worse outcomes as they move through their lives. Our government has put in a year’s worth of work to reverse that trend.

My question to the member is, how will these proposed changes actually help our children and youth?

Thank you for the presentation.

There is an overrepresentation of Indigenous children in the child welfare system in Ontario, but also across Canada.

The federal government of Canada funds First Nations child and family services on-reserve through Indigenous Services Canada. Indigenous Services Canada requires that First Nations child and family service agencies use provincial-territorial child welfare laws as a condition of funding. I know one of the things that is followed is the 1965 Indian Welfare Agreement.

Are there any plans to update the 1965 welfare agreement?

I want to acknowledge what many of the people who live in Kiiwetinoong, 65% of whom are Indigenous, might think of when you mention the child welfare system. Earlier, I asked a question to the other side, to the member who did their 20 minutes—that there is quite a bit of representation of our children, of our people, in this place.

I know, when I see this legislation, to me, growing up, but also the teachings that we have—we’ve always, as First Nations people, as Anishinaabeg, Anishininewuk, had our own laws. Before settlers arrived, as First Nations people, as Anishininewuk, we did not write a lot of things down, but it was through stories; it was through talking to people, that those were our laws. I know that sometimes nowadays we try to create our own laws. And I remember when the minister came to KI last year around February or March, when he became the minister, when he signed off the agreement with the Kitchenuhmaykoosib Inninuwug Onaakonikewin. That was a good trip. It was the first time I saw the feds but also the provincial government, the First Nations—where they recognized Indigenous laws, First Nations laws, on how they are going to take care of their own children. They had their own laws. So I think it’s important to acknowledge that.

Every day, I talk about the impacts of colonialism, the impacts of oppression, the impacts of racism on Indigenous people. Every day, it’s the children who suffer first. I think, when we talk about the First Nations within Ontario, the care system represents the continuation of a history of colonial governments taking our children away, whether to force them to go to Indian residential school or placing them for adoption in mostly non-Indigenous homes.

Speaker, I’d like to remind the House: During the Sixties Scoop, around 16,000 Indigenous children were taken away from their families. They were taken away from the teachings. They were taken away from the ways of life and the ways of being. That is an example of the assimilationist policy that has caused repercussions and intergenerational trauma to this day. I see it. I see it when you see children that go missing.

I remember I was at this chiefs’ meeting one time, and there was First Nation leadership from my riding—they were under the child welfare system. She had five children under the age of four. She had no idea where they were—somewhere in Ontario; that’s all she knew. As a First Nation leader, she had no idea where those children were, and that should not happen—

Further questions?