Purpose

The purpose of this policy directive, under s. 42 of the Child, Youth and Family Services Act, 2017 (CYFSA), is to require non-Indigenous children’s aid societies (societies) on the Child Protection Information Network (CPIN), to collect, and to report to the Ministry of Children, Community and Social Services (ministry), self-reported and consent-based identity-based data about the children and youth they serve.

Identity-based data refers to the socio-demographic information about a person including, but not limited to, their Indigenous identity, race, ethnic origin, sexual orientation and gender identity.

This policy directive replaces Policy directive CW 005-17. The requirements in this policy directive are generally consistent with those issued under Policy directive CW 005-17, with the following changes:

  • updates have been made to remove reference to the former Child and Family Services Act, 1990 (CFSA) and have been replaced with requirements under the CYFSA, including consent-based requirements established under Part X
  • updates have been made to specify that Indigenous societies on CPIN are not required to collect and report identity-based data under this policy directive, in respect of discussions underway with Indigenous societies and Indigenous partners on Indigenous data governance
  • updates have been made to fully align the policy directive with requirements under the Anti-Racism Data Standards (ARDS) for non-Indigenous societies listed in O. Reg. 267/18 (the Regulation) under the Anti-Racism Act, 2017 (ARA)
  • replacement of the previous Identity-based Data Standard with an updated version (as reflected in the CPIN Field Tool for Identity-based Data in the Appendix) to ensure alignment with the ARDS requirements and the ministry’s standardized approach to identity-based data collection

Issuance date

The issuance date of the policy directive is June 28, 2021.

Effective date

The policy directive will take effect on July 1, 2021.

Introduction

The Preamble of the CYFSA outlines the Government of Ontario’s commitment to the principle that services provided to children and families should respect their diversity and the principle of inclusion, help maintain their connections to their communities, and should be informed by an awareness of systemic biases and racism.

These principles are reflected in the CYFSA’s additional purposes provisions, where it is established that services should be provided in a manner that takes into account a child or young person’s race, ancestry, place of origin, colour, ethnic origin, citizenship, family diversity, disability, creed (which is defined in section 2 of the CYFSA as including religion, sex, sexual orientation, gender identity, gender expression or cultural or linguistic needs).

Similarly, the ARA outlines the Government of Ontario’s commitment to eliminating systemic racism and advancing racial equity by requiring specific public sector organizations (PSOs) to identify and monitor systemic racism and racial disparities. To support PSOs in fulfilling these obligations, the ARDS were established, setting out requirements for the collection, use and reporting of information, including personal information, related to Indigenous identity, race, religion and ethnic origin. Under the ARA and its Regulation, PSOs, including specified societies, are required to collect and report on race-based data in compliance with the ARDS as of July 1, 2021. Societies specified in the Regulation under the ARA are all non-Indigenous; Indigenous societies are not currently listed in the Regulation under the ARA as being required to collect and report on race-based data.

Societies are advised to seek legal advice to ensure full compliance with the ARA and the ARDS. Where this directive conflicts with the ARA or the ARDS specifically in relation to the race-based questions, the provisions in the ARA and the ARDS prevail.

Collecting standardized identity-based data, including data elements required under the ARDS, is one way in which societies and the ministry can better understand who is receiving child protection services and the outcomes for specific groups of children and youth. This information will better support planning across the provincial child welfare system and locally at the level of individual societies, including work to address ongoing disproportionalities, disparities and inequities experienced by children, youth and families from equity-deserving communities.

It also provides children and youth a voice in how they choose to identify themselves, which will inform child protection workers in their case planning with diverse children, youth and families.

The collection of identity-based data under this directive is not intended to alter or replace societies’ existing data collection practices, including of socio-demographic information, undertaken in providing services to children, youth and families. This includes the collection through third parties or official documentation (e.g., inquiring about aspects of a family’s identity at the time of referral, gathering information and records from medical professionals).

Guiding principles

The following principles will guide the collection of identity-based data in societies:

  • Responsive services – Identity-based data collected under this directive will be used to promote access to child welfare services that is responsive to individuals’ unique needs; improve service experience and the well-being of children, youth and families; address any disparities and disproportionalities that exist in the child welfare system; and for service and system planning.
  • Voluntary participation & capacity to consent – A child or youth is presumed to be capable of consenting to participate in identity-based data collection, unless a child protection worker has reasonable grounds to believe otherwise. Where they are determined to have the capacity to consent, children and youth freely agree to the collection, use, retention and disclosure of their identity-based data for the purposes identified in this directive.
  • Self-reporting – Capable children and youth have the opportunity to describe their own identities, where capable. Data collected is self-reported (or where not possible, reported by a parent), and is not based on staff or third-party observation.
  • Confidentiality & security – Safeguards are in place to protect the privacy of children and youth and the security of the data collected. Staff involved in the collection, use, retention and disclosure of identity-based data are familiar with the requirements established under Part X of the CYFSA.
  • Child & youth-centered – Staff involved in the collection of identity-based data have training on how to collect information in a culturally appropriate and anti-oppressive manner, and do not discriminate against a child or youth based on their multiple intersections of identity. Staff should also have sufficient information to respond to questions from children, youth, and families about identity-based data collection and the purposes for the collection of the information.

Requirements

Data collection:

Who to collect data from:

  1. Population of children and youth: Societies will provide all children and youth who meet the below criteria, with the opportunity to participate in identity-based data collection, provided there is consent:
    1. children and youth who are the subject of a child protection investigation, or in receipt of ongoing services
    2. children and youth who are in care, in customary care, or who have entered into a Voluntary Youth Services Agreement (VYSA) with a society or are in receipt of Continued Care and Support for Youth (CCSY)
    3. children and youth receiving kinship services
  2. Exclusions: The policy directive does not apply to children and youth who are:
    1. the subject of a referral about child protection concerns, where the referral disposition chosen is either community link or no direct client contact/information only in accordance with the Ontario Child Protection Standards (2016)
    2. siblings or other children and youth living in a foster, kinship service/care, and customary care home with a child or youth who is in care or receiving protection services who are not themselves receiving protection services (or society services)

What data to collect:

  1. Identity-Based Data Standard: Societies will collect identity-based data, with consent, by administering the Identity-based Data Standard (the Data Standard) in its entirety (see Appendix A) and record this information in CPIN on the Identity-based Data List Page under the Identity Tab of the child or youth’s Person Record.
  2. Direct collection: Societies will collect identity-based data directly from children and youth (or their substitute decision-maker, e.g., parent, legal guardian, if the child or youth does not have capacity to consent).
  3. Exceptions: Societies may make the following exceptions when administering the Data Standard:
    1. gender identity: not required to collect for ages 0-9 years
    2. sexual orientation: not required to collect for ages 0-9 years
    3. marital status: not required for ages 0-15 years
    4. family status: not required for ages 0-12 years

When to collect data:

  1. Initial point of data collection: Societies will first administer the Identity-based Data Standard:
    1. where a child protection investigation is newly opened following the effective date of this directive, during the investigation, prior to the investigation’s completion
    2. where the case was opened to investigation or ongoing service prior to the effective date of this directive, at the first reasonable opportunity, or at minimum at the first service plan review
    3. where a child was in care, in customary care, or receiving supports under a VYSA or CCSY agreement prior to the effective date of this directive, at the first reasonable opportunity (e.g., as part of plan of care meetings, as part of conducting the Assessment Action Record, or as part of the youth plan meetings if in receipt of CCSY or in a VYSA).
  2. Confirming data collected at regular intervals: Many aspects of identity can be fluid and may change over time. Societies will confirm data collected about children or youth, annually at minimum, at a regular point of contact (e.g., as part of the review of the service plan, plan of care meetings, conducting the Assessment Action Record, or the youth plan meetings if in receipt of CCSY or in a VYSA).
  3. Updating identity-based data at a child or youth’s request: At any time, a child or youth for whom identity-based data has been collected under this directive must be given the opportunity to request a correction to their identity-based data.

Consent

  1. Capacity to consent: A child or youth is presumed to be capable of consenting to participate in identity-based data collection unless a child protection worker has reasonable grounds to believe otherwise. Child protection workers will use their professional judgement to determine whether a child or youth is capable of providing consent given their age, maturity, psychological and developmental state. In determining capacity to consent, workers will consider the following:
    1. does the person have the ability to understand the information required to make a decision?
    2. does the person understand what it means to give, withhold or withdraw consent?
  2. Substitute decision-maker (SDM): If it is determined that a child or youth does not have the capacity to consent, consent will be sought from the child or youth’s SDM as set out in s. 301 of the CYFSA.
  3. Obtaining consent: In obtaining consent, societies will, in a manner that can be understood by the individual (i.e., given their age, literacy level, language):
    1. Outline the purposes of data collection and how information will be used:
      1. to support planning across the provincial child welfare system and locally at the level of individual societies.
      2. to inform child protection workers in their case planning with diverse children, youth and families.
    2. Communicate the following about their participation:
      1. It is voluntary. The child or youth can choose to provide certain information and not to provide other information (i.e., they can opt not to respond to any or all questions).
      2. Should they choose to participate, they can change their mind, or the information provided, at any time.
      3. Should they choose not to participate, it will not have an impact on the services they receive.
      4. Consent applies to identity-based data collection under this directive only (i.e., data collected through administering the Data Standard).
    3. Communicate the following about the information that is collected:
      1. The safeguards that the society has in place to protect the child or youth’s privacy and confidentiality
      2. Information collected will be stored in CPIN, and could be viewable to all society staff, and staff of other societies, that have access to CPIN.
      3. Information they provide may be disclosed, if relevant, to a court proceeding and where required by law (e.g., under the Family Law Rules) or society policy.
      4. Should they choose to withdraw their consent, or change their identity information, any identity-based information they previously provided will no longer be accessible in CPIN. Only the history of consent statuses will remain visible in CPIN.
      5. Should they no longer receive services from a society, that their consent expires and any identity-based information they previously provided will no longer be accessible in CPIN.
    4. Communicate the following about reporting:
      1. the child or youth will not be identifiable through the data that is reported
      2. should they choose to withdraw their consent, their information will no longer be reported
      3. that other limited information about them (e.g., the type of placement they are in, their legal status) will be included in the de-identified reports to the ministry
      4. in alignment with the ARDS, societies will publish collected de-identified race-based data on their website and periodically within a public report(s) that outlines the information about and results of data analyses, including racial disproportionality and/or disparity indices
    5. Provide the title and contact information of an employee at the society who can answer questions and respond to concerns about identity-based data collection, including race-based data collection under the ARDS.
    6. Provide the individual with the opportunity to actively communicate positive agreement to the collection of their personal information.
  4. Reviewing consent: At subsequent follow-up points (as outlined in Requirement 7), societies will determine a child or youth’s capacity to consent, and will obtain consent at every instance that identity-based data is collected under the policy directive.
  5. Withdrawal of consent: An individual may communicate their withdrawal of consent, at any time, either verbally or in writing. Following their withdrawal of consent, societies will update the Identity-based Data List Page under the Identity Tab of the Person Record in CPIN to reflect that consent has been withdrawn at the earliest reasonable opportunity.

Data management

  1. Storage of identity-based data: Societies will store all collected identity-based data on the Identity-based Data List Page under the Identity Tab of the Person Record in CPIN
  2. Protection of privacy: Societies will ensure that access, storage and retention of identity-based data is consistent with applicable policies and legal requirements for societies, including the Information Sharing Guidelines for Children’s Aid Societies (CASs) using CPIN (2014), the CPIN privacy procedures (2014), Part X of the CYFSA, and the ARA and ARDS.
  3. Accuracy and corrections: In accordance with requirements in Part X of the CYFSA, societies will have a procedure in place to correct personal information, which may include correcting inaccurate identity-based data collected under this policy directive, upon the request of the child or youth whose information is inaccurate.

Reporting

  1. Requirements: Societies will report identity-based data to the ministry, in a form requested by the ministry.

    In alignment with the ARDS, societies are required to publish on their websites de-identified race-based data that they have collected and used in reported analyses. Societies are also required to develop and make public a report on a regular and timely basis that outlines the information about and results of their analyses, including racial disproportionality and/or disparity indices. Societies must provide the Minister Responsible for Anti-Racism with notice of these publications within a reasonably short time of public release.

    Further information on all reporting requirements, including those prescribed under the ARDS for societies, will be communicated by the ministry at a later date.
  2. Timelines: Uptake reports and identity-based data will be reported to the ministry as requested by the ministry. Further information on reporting requirements, including those prescribed under the ARDS for societies, will be communicated by the ministry at a later date.
  3. Signoff: Societies should obtain approval from their Executive Director and Board President on all reports submitted to the ministry. An approved copy of the report must be submitted to their ministry regional office by a time to be specified by the ministry.

Original signed by

David Remington
Assistant Deputy Minister
Child Welfare and Protection Division
Ministry of Children, Community and Social Services

Appendix A – CPIN Field Tool for Identity-based Data

The Ministry of Children, Community and Social Services’ Identity-based Data Standard provides standardized questions and answers (categories) to support the collection of standardized identity-based data.

The following Child Protection Information Network (CPIN) Field Tool can be used by societies to administer the Identity-based Data Standard with applicable children and youth receiving their services.

  1. Do you identify as First Nations, Métis and/or Inuk/Inuit? (If yes, select all that apply. Cannot select both Yes and No.)
    • Yes
      • If you identify as First Nations, Métis and/or Inuk/Inuit, are you: (Select all that apply)
        • First Nations
        • Métis
        • Inuk/Inuit
        • Another Indigenous identity (please specify): ________________ (write in response)
    • No
    • Do not know
    • Prefer not to answer
    Note: These categories reflect the Anti-Racism Data Standard question and categories for Indigenous in Ontario (Anti-Racism Directorate).

  2. What is your religion and/or spiritual affiliation? (Select all that apply)
    • Buddhist
    • Christian
    • Hindu
    • Indigenous Spirituality1
    • Jewish
    • Muslim
    • Sikh
    • No religion
    • Another religion or spiritual affiliation (please specify): ________________ (write in response)
    • Do not know
    • Prefer not to answer
    Note: These categories reflect the Anti-Racism Data Standard question and categories for religion in Ontario (Anti-Racism Directorate).

    1 - The Ontario Human Rights Commission defines “Indigenous Spirituality” as the spiritual beliefs and practices that Indigenous peoples identify as being “traditional” or “customary” among Indigenous peoples. This may sometimes include and be practiced in combination with other faith traditions, such as Christianity.

  3. What is your ethnic or cultural origin(s)? (Specify as many ethnic or cultural origin(s) as applicable)
    • Please specify: ________________ (write in response)
      (For example, Anishnaabe, Canadian, Chinese, Colombian, Cree, Dutch, East Indian, English, Filipino, French, German, Guyanese, Haudenosaunee, Inuk/Inuit, Iranian, Irish, Italian, Jamaican, Jewish, Korean, Lebanese, Mi’kmaq, Métis, Ojibway, Pakistani, Polish, Portuguese, Scottish, Somali, Sri Lankan, Ukrainian, etc.)
    • Do not know
    • Prefer not to answer
    Note: These categories reflect the Anti-Racism Data Standard question and categories for ethnicity in Ontario (Anti-Racism Directorate).

  4. In our society, people are often described by their race or racial background. For example, some people are considered ‘White’ or ‘Black’ or ‘East/Southeast Asian,’ etc. Which race category best describes you? (Select all that apply)
    • Black (e.g., African, Afro-Caribbean, African-Canadian descent)
    • East/Southeast Asian (e.g., Chinese, Korean, Japanese, Taiwanese, Filipino, Vietnamese, Cambodian, Thai, Indonesian, other Southeast Asian descent)
    • Indigenous (e.g., First Nations, Métis or Inuk/Inuit descent)
    • Latino/Latinx (e.g., Latin American, Hispanic descent)
    • Middle Eastern (e.g., Arab, Persian, West Asian descent e.g., Afghan, Egyptian, Iranian, Lebanese, Turkish, Kurdish etc.)
    • South Asian (e.g., Indian, Pakistani, Bangladeshi, Sri Lankan, Indo-Caribbean etc.)
    • White (e.g., European descent)
    • Another race category (Another race category not described above) (please specify): __________ (write in response: should not be used to indicate mixed race)
    • Do not know
    • Prefer not to answer
    Note: These categories reflect the Anti-Racism Data Standard question and categories for Race in Ontario (Anti-Racism Directorate).

  5. Where were you born? (Specify one response only, according to present boundaries)
    • Born in Canada (please specify Canadian province/territory): ________________ (write in response)
    • Born outside Canada (please specify country): ________________ (write in response)
    • Do not know
    • Prefer not to answer
    Note: These categories are aligned with 2016 Census, long form (National Household Survey, Statistics Canada).

  6. What is your citizenship status? (Select all that apply)
    • Canadian (by birth)
    • Canadian (by naturalization)
    • Another citizenship (please specify): ________________ (write in response)
    • Do not know
    • Prefer not to answer
    Note: These categories are aligned with the 2016 Census, long form (National Household Survey, Statistics Canada).

  7. What language(s) did you first learn at home in childhood and still understand? (Select all that apply)
    • English
    • French
    • Indigenous Language
      • If you identify yourself as speaking an Indigenous language(s), please specify (Select all that apply):
        Algonquian languages (e.g., Cree languages, Anishinaabemowin/Ojibway, Oji-Cree, Innu/Montagnais, Mi’kmaq, Atikamekw, Blackfoot)
        • Ojibway
        • Oji-Cree
        • Cree languages
        • Innu/Montagnais
        • Mi’kmaq
        • Atikamekw
        • Blackfoot
      • Inuk/Inuit languages (e.g., Inuktitut)
        • Inuktitut
      • Michif
        • Michif
      • Athapaskan languages (e.g., Dene, Tlicho, Slavey, Carrier)
        • Dene
        • Tlicho
        • Slavey
        • Carrier
      • Haida
        • Haida
      • Iroquoian languages (e.g., Mohawk)
        • Mohawk
        • Oneida
        • Onondaga
        • Seneca
        • Cayuga
        • Tuscarora
      • Kutenai
        • Kutenai
      • Salish languages (e.g., Shuswap [Secwepemctsin], Halkomelem)
        • Shuswap [Secwepemctsin]
        • Halkomelem
      • Siouan languages (e.g., Stoney, Dakota)
        • Stoney
        • Dakota
      • Tlingit
        • Tlingit
      • Tsimshian languages (e.g., Gitksan, Nisga’a)
        • Gitksan
        • Nisga’a
      • Wakashan languages (Kwakiutl [Kwak’wala], Nootka [Nuu-chah-nulth])
        • Kwakiutl [Kwak’wala]
        • Nootka [Nuu-chah-nulth]
      • Another Indigenous language (please specify): ________________ (write in response)
    • If any other language(s) were first learned at home in childhood and are still understood, please specify (Select all that apply):
      • Arabic
      • Cantonese
      • Chinese (not otherwise specified)
      • Dutch
      • German
      • Greek
      • Gujarati
      • Hindi
      • Italian
      • Korean
      • Mandarin
      • Persian
      • Polish
      • Portuguese
      • Punjabi
      • Russian
      • Spanish
      • Tagalog
      • Tamil
      • Ukrainian
      • Urdu
      • Vietnamese
      • Another language (please specify): ________________ (write in response)
      • Do not know
      • Prefer not to answer
      Note: These categories are aligned with the 2011 National Household Survey and related analytical products (Statistics Canada).


  8. What is your sex at birth?
    • Female
    • Male
    • Intersex2
    • Do not know
    • Prefer not to answer
    Note: These categories are aligned with 2016 Census, long form (National Household Survey, Statistics Canada). This question is included to allow children and youth the opportunity to voluntarily and consensually self-identify their sex at birth, including the ability to self-identify as intersex. This information will provide children and youth a voice in how they choose to identify, and will help the ministry and societies better understand who is receiving child protection services and the outcomes for diverse children and youth to inform child protection workers in their case planning and support planning across the child welfare system.

    2 - This data element is included based on accepted academic and community practice.

  9. What is your current lived gender identity3? (Select all that apply)
    • Woman/Girl
    • Man/Boy
    • Gender Non-binary
    • Transgender4
    • Transgender Woman / Girl
    • Transgender Man / Boy
    • Two-Spirit
    • Another gender identity (please specify): ________________ (write in response)
    • Do not know
    • Prefer not to answer
    Note: This question is not required for collection for ages 0-9 years. Gender identity is an Ontario Human Rights Code ground. These categories are aligned with terminology used in the Ontario Human Rights Commission’s Policy on preventing discrimination because of gender identity and gender expression.

    3 - The Ontario Human Rights Code does not define “gender”. The Ontario Human Rights Commission does not provide a list of genders, but does give comprehensive definitions of both “gender identity” and “gender expression”. The term “gender non-conforming” is included in these definitions.
    4 - The Ontario Human Rights Code does not define “trans / transgender”. The Ontario Human Rights Commission provides a comprehensive definition of the term, stating that it is an “is an umbrella term referring to people with diverse gender identities and expressions that differ from stereotypical gender norms”.

  10. What is your sexual orientation5? (Select all that apply)
    • Asexual6
    • Bisexual
    • Gay
    • Lesbian
    • Pansexual7
    • Queer8
    • Questioning9
    • Straight or Heterosexual
    • Two-Spirit10
    • Another sexual orientation (please specify): ________________ (write in response)
    • Do not know
    • Prefer not to answer
    Note: This question is not required for collection for ages 0-9 years. These categories are aligned with related Ontario Human Rights Commission resources, accepted academic and community practice.

    5 - The Ontario Human Rights Code does not define “sexual orientation”. The Ontario Human Right Commission provides a comprehensive definition of the term, as well as lists the sexual orientations of lesbian, gay, bisexual and heterosexual.
    6 - Asexual, Two-Spirit, pansexual, queer and questioning have been added based on accepted academic and community practice.
    7 - See footnote 6.
    8 - See footnote 6.
    9 - See footnote 6.
    10 - See footnote 6.

  11. What is your marital status?
    • Single (never legally married)
    • Legally married (and not separated)
    • Separated, but still legally married
    • Divorced
    • Widowed
    • Common-law
    • Another marital status (please specify): ________________ (write in response)
    • Do not know
    • Prefer not to answer
    Note: This question is not required for collection for ages 0-15 years. These categories are aligned with the 2016 Census, long form (National Household Survey, Statistics Canada). Common-law included as this is a separate question in the Census.

  12. What is your family status11?
    • Single parent
    • Two parents
    • Inter-generational
    • Joint / extended family
    • Individual / single12
    • Another family status (please specify): ______________________ (write in response)
    • Do not know
    • Prefer not to answer
    Note: This question is not required for collection for ages 0-12 years. These categories are aligned with the 2016 Census, long form (National Household Survey, Statistics Canada). Common-law included as this is a separate question in the Census.

    11 - The Ontario Human Rights Commission defines “Family Status” as “the status of being in a parent and child relationship.” This can also mean a parent and child “type” of relationship, embracing a range of circumstances without blood or adoptive ties but with similar relationships of care, responsibility and commitment.
    12 - This category includes persons (regardless of age or marital status) in households where there are no parents present, person does not live with a spouse/partner, or children of their own.

  13. Disability includes physical, mental, and learning disabilities, hearing or vision disabilities, substance use dependencies, environmental sensitivities, as well as other conditions that limit activities of daily living. Do you identify as a person with one or more disabilities?
    • Yes
    • No
    • Do not know
    • Prefer not to answer
    Note: These categories are aligned with Statistics Canada 2012 Canadian Survey on Disability.