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By way of introduction, I am the Chief Commissioner of the Ontario Human Rights Commission (OHRC). On December 16, 2015, the OHRC announced that it will use its mandate under the Ontario Human Right Code (Code) to examine the overrepresentation of Indigenous and racialized children and youth in the child welfare system.
Section 31.1 of the Human Rights Code gives the OHRC inquiry powers to request information from organizations. However, we welcome the opportunity to work in partnership with you and others including, the Ontario Association of Children’s Aid Societies (OACAS), the Ministry of Children and Youth Services (MCYS), the Association of Native Child and Family Services Agencies of Ontario, the Office of the Provincial Advocate for Children and Youth, as well as Indigenous and racialized community-based organizations to prevent and reduce the overrepresentation of Indigenous and racialized children and youth in the child welfare system.
We recognize the important legal and contextual differences that distinguish Indigenous peoples from other racialized groups. At the same time, we are concerned that the overrepresentation of Indigenous and Black children and youth in child welfare may be indicative of systemic and persistent discrimination.
As discussed in the OHRC’s guide, Count me in! Collecting human rights-based data, data collection that is consistent with the Code can help organizations more effectively monitor potential discrimination, identify and remove systemic barriers, address historical disadvantage, and promote equity in service delivery and programming. That is why we have called on MCYS to help all children’s aid societies (CASs) to collect and report disaggregated data for Indigenous and racialized children in their care.
We understand that Ontario’s child welfare sector is committed to using data to continually improve the services it provides to children in its care and their families. We commend MCYS and OACAS on the “One Vision, One Voice” project to develop a strategy to improve outcomes for African Canadian children and families who come into contact with the child welfare system. We look forward to the release of the report and Practice Framework from that project.
We are also aware of MCYS’ plan to work with CASs to implement a single, integrated data management system that will be used by CASs across the province by 2019/2020.
We hope that this data system will be used as an opportunity to enable CASs to report consistent disaggregated data which can inform efforts to improve outcomes and supports for Indigenous and racialized children and youth in care, and their families.
In the interim, however, and as a first step, we are writing to CASs across the province, including your agency, seeking the following available information from January 1, 2012 to December 31, 2015:
1.The data and data collection practices used to monitor and identify supports and services for children and youth in your care, and their families.
2.Demographic breakdown (number/proportion) of children, youth, and families your agency serves, disaggregated by Code grounds including age, race (e.g. Aboriginal peoples, White, Black, East/Southeast Asian, South Asian, Latin American, Middle-Easterners, and other racialized minorities), creed, sex, place of origin (place of birth), and citizenship.
3.First contact of child, youth and family with the child welfare system, including by mode of referral (e.g. who contacted the CAS), reason(s), type of supports and services provided, disaggregated by Code grounds including age, race (e.g. Aboriginal peoples, White, Black, East/Southeast Asian, South Asian, Latin American, Middle-Easterners, and other racialized minorities), creed, sex, place of origin (place of birth), and citizenship.
4.Admission of child and youth into your agency’s care, including by mode of referral and reason(s), disaggregated by Code grounds including age, race (e.g. Aboriginal peoples, White, Black, East/Southeast Asian, South Asian, Latin American, Middle-Easterners, and other racialized minorities), creed, sex, place of origin (place of birth), and citizenship.
5.Progress of child and youth in your agency’s care and their families through the child welfare system, including placement type(s), supports and services provided, disaggregated by Code grounds including age, race (e.g. Aboriginal peoples, White, Black, East/Southeast Asian, South Asian, Latin American, Middle-Easterners, and other racialized minorities), creed, sex, place of origin (place of birth), and citizenship.
6.Discharge from your agency, including supports and services provided, ultimate placement or resolution, disaggregated by Code grounds including age, race (e.g. Aboriginal peoples, White, Black, East/Southeast Asian, South Asian, Latin American, Middle-Easterners, and other racialized minorities), creed, sex, place of origin (place of birth), and citizenship.
7.Policies, programs and procedures designed to improve outcomes for Indigenous and racialized children, youth and their families that come in contact with your agency.
8.Intake, discharge or other forms and information that you believe would be helpful to inform the OHRC’s understanding of the particular experience of these groups with the child welfare system.
We look forward to receiving the information we have requested by June 1, 2016.
Please note that this letter may be made public in accordance with the OHRC’s public interest mandate under the Code.
If you require further information or have any questions, please contact Bipasha Choudhury at 416-314-5986 or via email at Bipasha.Choudhury@ohrc.on.ca.
Yours sincerely,
Renu Mandhane, B.A., J.D., LL.M.
Chief Commissioner
cc/
Name, Executive Director
Hon. Tracy MacCharles, Minister of Children and Youth Services
Mary Ballantyne, Ontario Association of Children’s Aid Societies
Irwin Elman, Office of the Provincial Advocate for Children and Youth