The Ontario Association of Children's Aid Societies (OACAS) and Premier Doug Ford agree that there is a big problem with the province's child welfare system, and that focussing on money is the only way to fix it. But that seems to be all they can agree on.
Premier Ford announced plans to conduct a "complete audit" of Ontario's children's aid societies (CAS) in light of "nightmare stories" of misuse of public funds.
The pledge was, in part, a reaction to an open letter from OACAS "sounding the alarm about kids and teens with complex health needs being housed in hotels, Airbnbs and office buildings because they are unable to get the medical help and specialised treatments they need." Ford suggested it's unconscionable to hear that high needs children are living in these places when he's "heard stories of some of these agencies working in Taj Mahals."
By conducting this war of words in the media, everyone involved in managing this system is hoping to shift blame for how this sorry state of affairs came to be. But wasting time trying to assign blame helps no one - least of all the high-needs children in care who are experiencing uncertainty, instability, and substandard care.
In this blog post, as a sexual abuse lawyer who has represented many survivors of CAS abuse, I agree that a full audit and review of Ontario's children aid societies could help the Ministry of Children, Community and Social Services to refine or redesign the system to better meet the child welfare mandate, but only if it considers this sector's position in a much broader context.
Finding Savings.
An audit of any large organisation - particularly one as expansive and decentralised as Ontario's children's aid societies - is likely to uncover areas where money could be better spent. Identifying redundancies, creating efficiencies, and considering whether these societies are using best practices to stretch every dollar of public funding as much as reasonably possible will likely bring about at least some positive changes - hopefully resulting in more savings than the cost to do such an audit in the first place.
As non-profit organisations with a critical service role, it's important to ensure overhead expenses are kept in check in order to maximise direct funding for children in great need. If the audit uncovers objectionable decisions that misuse public funds, I'm sure many Ontarians would agree with the premier that the people responsible should no longer be working for the CAS.
But, is it likely that this audit and review come to the conclusion that once these fixes are put in place that the system will run comfortably on its existing share of the provincial budget? That is highly doubtful.
More Demand Means More Money Needed.
In OACAS's open letter calling for better support for children, youth, and families, the organisation highlighted a recent report from the Financial Accountability Office of Ontario. The report estimated the provincial government had underfunded the Ministry of Children, Community and Social Services by $3.7 billion. This shortfall meant the Ministry, which is a major funder of the CAS, did not have the funding required to fulfil its existing programs and announced commitments.
While the number of children in care has actually fallen by a third over the last decade, child welfare leaders explained that they are running deficits in spite of increased government funding because of the need to create emergency placements for children with complex needs who were not accepted into existing foster homes or private group homes. The number of children who fall into this category has doubled in only three years.
During the summer, the Children's Aid Society of Ottawa (CASO) issued a highly unusual joint union-management press release that alerted the public to the child welfare sector being "at a tipping point where (it) can no longer provide the necessary care for our most vulnerable youth."
The statement reported that the lack of community treatment options has left some parents overwhelmed, unable to provide care at home, and forced them to "voluntarily surrender their children to CASO for placement, in the hope that they will receive the necessary care." According to Jess Uddenberg, executive director at Highland Shores Children's Aid Society, voluntary surrenders have become "rampant."
According to the Financial Accountability Office, more than 70,000 youth are registered with the Ontario Autism Program, but Ministry of Children, Community and Social Services funding for core services - an essential part of the program - would cover less than 20 per cent of them.
Michele Thorn, a CASO adoption worker, revealed that the families of youth with autism coming to the agency are "not incapable of parenting, but they need the resources to help them do it, and those aren't out there." Ontario's children's aid societies are mandated to support parents of children who are unable to manage their responsibility to meet the child's needs. These organisations cannot turn a child away, but that doesn't mean that they are always in a better position to access necessary services for the child if these services are simply not available.
In speaking to The Trillium, Uddenberg noted that one child in the care of CAS was rejected by 40 different placement options, including "group homes that are trained and outfitted and have programs to support youth with these types of challenges" due to the child's history and needs.
"They have the right to say no - a lot of these are private businesses and for-profit businesses, and when they look at the risk profile, and it may have things like they're prone to assaulting others, or arson, or self-harm, they'll say, 'You know what? The risk is simply too high to have this youth in our care,' and they don't want to take on that level of responsibility and accountability. Per the legislation, we're still responsible for this child, and so we're placing this child in a hotel with a two-to-one supervision ratio with my staff."
An Ounce of Prevention Is Better Than a Pound (Or a Million Dollars) of Cure.
Ontario's children's aid societies appear to be facing a perfect storm: some health and community social service providers have ceased operations, some children with complex needs now have worsened conditions due to unmet needs during the pandemic, and an acute housing crisis is driving up the cost of temporary accommodations for children who cannot be placed in private or group homes.
Some events, such as the social and economic fallout from a disruptive pandemic, are beyond the control of anyone involved in the child welfare system - including the government. But when the unexpected happens, certain parties have more capacity to respond.
In this case, the provincial government needs to respond by providing temporary, critical funding to these agencies to allow them to fulfil their legally mandated responsibility without spreading resources too thinly. Longer-term, an audit and review of the system as a whole may point to ways in which the system could be revamped to become both more efficient and responsive to the needs of all children requiring its services.
But treating the symptoms of a failing system indefinitely is unfathomable if there is a viable cure that has already been identified - prevention. Children come into the child welfare system for a variety of reasons. Some of the problems that could result in a child going into care could be solved before they become insurmountable for the individuals caring for these children.
No parent should ever, ever have to voluntarily surrender a child if they are willing and capable to raise them with the proper support. It is inexcusable to cause this kind of trauma when there is another option. And, as if the moral imperative of supporting children in their family homes whenever reasonable is not enough of a motivator, surely the long-term societal benefits make this a good investment for anyone concerned about taxpayer dollars.
Studies have found that children who have been in the child welfare system are much more likely to become involved in the youth criminal justice system. Being in care does not necessarily "cause" justice system involvement, but there is an overlap. Moreover, while it is generally assumed that children who are in care are living outside of their family home for their own safety and security, I have had the misfortune of hearing the stories of survivors of physical, emotional, or sexual abuse who suggest this is not always the case. Sometimes life in the child welfare system is just as unsafe, or even more unsafe, than the living situation they came from.
Adequate funding for health and social services can significantly reduce the number of homes that become unsafe for children. Supporting families at risk of homelessness, addictions, or mental health crises before there is a breakdown in a home could significantly reduce the number of children in care and ensure that a children's aid society's precious resources are focussed on providing the best care possible for children with complex needs or children who cannot safely live in their family home.
Stop the War of Words, and “Get It Done”.
In recent months there has been a war of words between the provincial government, unions representing CAS workers, and other observers with an interest in the child welfare system. But arguing about who is responsible for the mess we are in only creates resentment between the very people who can and must fix it together.
Everyone now knows the child welfare system is like an old car being held together with duct tape and a prayer. This vehicle needs a full overhaul by experienced mechanics, not just a patch job that will keep it from breaking down until it can be passed on and become someone else's problem down the line.
It's unreasonable to say "money should be no object" when it comes to our children, even if that's how many of us feel. But it's also unreasonable to expect people to continually do more with less - especially when there are factors beyond their control.
The provincial government recently passed legislation called the Get It Done Act. The backgrounder for this omnibus bill said "Ontario is getting it done for people across the province by delivering policies that will grow the province's economy and make it easier to build the infrastructure we need to support growing communities while helping families keep more of their hard-earned money in their pockets, right where it belongs."
It's time for everyone who cares about child welfare in our province to show support for a new Get It Done Right Act that squarely focuses on the social policies and social infrastructure to support growing communities while helping families keep their beloved children in their own homes, right where they belong.
Removing children from their homes must always be a last resort. And knowing that there are voluntarily surrendered children forced to reside in "motels, cottages and even office spaces," who could and should otherwise be supported at homes is a complete failure of public policy that urgently needs to be fixed.
If you or a loved one has suffered from abuse while in care and you want to know more about your legal rights and options, contact our team of children's aid society abuse lawyers at Jellinek Ellis Gluckstein for a confidential no cost initial consultation.