Rights & Responsibility

PREAMBLE
While in care, children/youth have specific rights which are outlined in Part V of the Child and Family Services Act (CFSA) and which define basic safeguards in their relationship with the Society as their guardian and provider of alternate care.

The Society ensures that all staff are aware of the rights of children/youth in care and that they are respected and that any reported , observed or suspected violation of the rights of children in care are investigated and addressed in the manner determined by the Society.

DEFINITION
A child/youth in care is defined by the CFSA as a child under the age of 18 years who is receiving services from the Society with one of the following legal statuses: Temporary care by agreement (TCA); Care and Custody; Society Wardship; Crown Wardship.

REVIEW OF RIGHTS
The Social Worker advises the child/youth of his/her rights upon admission to care; upon replacement; and at least on an annual basis.

What are your rights?
A child/youth in Care has the right:

• TO HAVE some of your own things with you such as your valuables, clothes, memories;
• TO HAVE reasonable privacy–such as knocking on the door before entering (unless there is a threat to safety); and to inform youth if a room search is to be done;
• TO RECEIVE well balanced meals which are of good quality and appropriate;
• TO TAKE PART in recreational or athletic activities on a seasonal basis such as after school activities; sports teams; music lessons;
• TO RECEIVE an education which corresponds with your aptitudes and abilities, in a community setting whenever possible;
• TO RECEIVE medical and dental care at regular intervals and whenever required;
• TO PARTICIPATE in the religious worship/instruction of your choice;
• TO BE INFORMED upon admission to your placement about the general rules, the structure and discipline of the home you are residing in;
• TO PARTICIPATE in planning for your future and to be consulted whenever significant decisions are made;
• TO ACCESS technology to assist in your educational and employment endeavours.
• YOU HAVE THE RIGHT to age appropriate discipline which does not include corporal punishment;
• YOU HAVE THE RIGHT to be subject to detention in locked premises only when under court order (Youth Criminal Justice Act, Secure Treatment);
• TO LOOK at your own records (except those parts that have information about someone else or that is likely to be harmful to you);
• TO SIGN (with your parents) your own Care by Agreement (the form which admits you into care of the CAS;
• TO CONSENT to your counselling;
• TO BE NOTIFIED of and attend court (unless the judge deems it would be harmful for you to do so);
• TO HAVE your placement reviewed (if you object to it);
• TO RECEIVE a copy of a court ordered assessment (unless the judge feels it would be harmful);
• TO REQUEST continued support after the age of 18 years, if you are attending school and/or require assistance.

You can:

• Send and receive mail that is not censored, read or examined unless deemed by the Society that such mail is not in your best interest;
• Have private access to your family unless deemed by the Society that such access is not in your best interest and is prohibited by the Court;
• Have private access to your lawyer or advocate.

Who can you talk to about your concerns or issues?

• Your social worker
• Your foster parents
• The staff in your placement

Responsibilities
You have responsibilities as well while in your placement:

These include:

• Following the rules in your placement;
• Accepting the consequences when you break the rules;
• Respecting the rights, property, privacy and special needs of others;
• Meeting with and talking to your social worker.
• Knowing your social worker’s telephone number
• Utilizing technology in a safe and responsible manner

Avenues for Complaint

1. TO REGISTER A FORMAL COMPLAINT
   With your placement: Request a complaint form from your group home and complete it with the appropriate details. Group home will follow-up. With your foster home: Telephone your social worker to discuss your concerns. If you are not satisfied with the response you receive, you may speak with the supervisor.
   
   
2. TO REQUEST A PLACEMENT REVIEW
   You may request that R.P.A.C. (Residential Placement Advisory Committee) review your objections to your placement between the 14th and 21st day of your placement. R.P.A.C. will review your placement and make recommendations. TEL: 1-888–741–2599 or 613–741–2599
   
   
3. TO SPEAK WITH A CHILD ADVOCATE
   Ontario’s child advocate represents children and youth who are seeking or receiving services under the CFSA, in the youth justice system, the children’s mental health system, the child welfare system (children’s aid societies), and provincial and demonstration schools for the deaf and blind. Legislation requires that children in care be made aware of their rights and how to make complaints to the child advocate about unacceptable treatment.

   Child and Family Service Advocacy
   250 Davisville Avenue , 5th floor, suite 503
   Toronto , ON M7A 1G2
   Toll Free: 1–800–263–2841
   

4. CHILD AND FAMILY SERVICES REVIEW BOARD
   You may choose to take your complaint to an independent board–the Child and Family Services Review Board (CSFRB).

   Consult the complaints pamphlet entitled “Do you have a complaint about services you have sought or received from an Ontario Children’s Aid Society?” which outlines the steps of making a complaint. Pamphlets are available from any CAS.

   Child and Family Services Review Board
   2 Bloor Street West , 24th Floor
   Toronto , On. M7A 1E9
   Toll Free: 1–888–728–8823