Tuesday, 15 April 2014

Bill 42 protects children from CAS abuse


Retrieved from http://www.childrensaidsociety.org/files/imagecache/feature-image/images/feature-images/50best-3.jpg

Summary
 
“Bill 42 protects children from CAS abuse” is a web page review article written by Curtis Kingston. 
 
Mr. Kingston mentions in his article how Ombudsman oversight is necessary for Ontario Children’s Aid Societies. Over many years, families and children “had to endure horrific encounters with an unregulated and unaccountable private organization with funding models that create perverse incentives to destroy families (Kingston, 2013.).” Each children’s aid society in Ontario is a privately run organization and receives funding from the government through the number of children in their care and the number of open files on families.
 
There is going to be a change to the CAS funding model, as of April 1st,  where the funding will change by using a 3-year average of case files instead of every year and there will also be an introduction to boosts in funding cases involving minorities (including low-income families, single-parent families etc.). This new funding model now gives CAS a way to target minorities especially (Kingston, 2013).
 
Due to CAS funding models and lack of oversight/accountability, these privately-run organizations regularly act outside of the law and morals by unnecessarily keeping files open and by apprehending children from their homes without actual child-protection concerns as to increase their financial gain (Kingston, 2013). According to a MCYS operational review of Prince Edward County Children’s Aid Society (completed in January 2012), it was unfortunately found that “the Ontario average for CAS compliance with the Child and Family Services Act was only 66% (Kingston, 2013).” Therefore, “34% of CAS workers are acting outside of the law (Kingston, 2013).” Canada Court Watch has obtained documents proving in some circumstances where CAS has actually apprehended children when their warrant to apprehend these children has actually been denied in a court of law. These CAS workers are actually now possibly committing a criminal offence.  But the law does allow CAS workers to apprehend children without a warrant if there is an emergency situation where CAS finds the child in severe danger and there is just no time for a warrant (Kingston, 2013).
 
When children are apprehended they will go to foster families that fit that their individual needs. Unfortunately, Prince Edward County Children’s Aid Society (PECCAS) had “six foster parents charged and 3 convicted of sex crimes against children (Kingston, 2013)”. In January 2012, “PECCAS did not have one foster home or group home available that was legally considered a place of safety for children (Kingston, 2013).” This was largely due to the lack of criminal record checks of foster parents in the area. Sadly enough, not one PECCAS worker was held accountable for the horrors that took place.
 
Bill 42 has just passed its first reading in the Ontario Legislature, which would allow the Ontario Ombudsman the authority to investigate complaints in Children’s Aid Societies across Ontario. Now if this bill gets passed, it would give child welfare in Ontario the same accountability and oversight that all the other provinces in Canada have.
 
 
Opinion
 
The fact that children are being taken away for funding is quite scary. I've heard "money rules the world" but to the point  where people would go to the extent of abusing their job power by destroying the lives of children and their families for their own financial gain? Why hasn't the government stepped in?

What scares me most is finding out that CAS organizations were changing their funding model for the worst, attacking low-income families, single parents etc. Finances in these "minority" families are obviously low and having a child taken away by child protection court order will costs thousands upon thousands of dollars, which these families most likely will not be able to afford. Even with the availability of legal aid to these families, the amount of time a lawyer may work on the individual court procedures are limited. In the meantime, these families may not have enough money to carry out the necessary steps to ensure to the courts that they are indeed safe. Usually in these proceedings, psychiatric evaluations are required because they are requested by CAS (another tactic to making it even more difficult to get children back) and usually enforced by court order. They cost range between $5000-$12000 dollars alone and could take months to complete depending on availability of the psychologist performing the assessment. Imagine taking a psychiatric evaluation when your family has been ripped apart and you can only see your child under supervision of CAS protection workers for a few hours a week. Of course these parents are going to have some mental health issues (at minimum, depression and anxiety) when child protection court applications could take up to a year and half or longer to fight (leaving them to tight restrictions in their time and interactions with their children). Because court proceedings take quite a bit of time, children are stripped of their rights and left feeling hopeless that their life is not going to get better and it may even go to the extent of the children thinking it is their fault. This devastation lasts a life-time and affects the way these children will conduct their life in the future.
 
I found it terrifying to hear the facts that were stated in the article with respect to 34% of CAS workers do not abide by the Child and Family Services Act and what is even more scary is that was only in one CAS district. What if each individual CAS organization was closely looked at and compared to on a large-scale? I already have been told by some people who I have witnessed go through this system that certain children's aid societies are know to be "worse" then others. "Worse" meaning contain the most corruption. 
 
A large portion of families are having their children “kidnapped” and it is time for us to get involved in the fight to pass Bill 42 and finally put an end to all of this. This is so important to the present families and children in Ontario and to the future of our families. We need to speak up to our local MPP's. This Bill needs to be passed so these workers are held accountable for the pain and suffering these families and children have gone through and to prevent anymore damage to our society for years to come.
 
 
Citation
 
Kingston, Curtis. (2013). Bill 42 protects children from CAS abuse. Retrieved from            

The Children's Aid Society (n.d.). Retrieved from      
      http://www.childrensaidsociety.org/employment
 
 
Questions
 
1.      Would you support the passing of Bill 42?
2.      How could you help support Bill 42?
 
 
 


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