Introduction

This policy directive, under s. 42 of the Child, Youth and Family Services Act, 2017 (CYFSA), sets additional requirements for the delivery of child protection services to 16- and 17-year-olds. It includes new requirements introduced through Bill 251, Combating Human Trafficking Act, 2021 with respect to child sex trafficking.

This policy directive will come into effect on October 1, 2021 and replaces Policy directive CW 003-18 Protection services for 16-17 year olds, which came into effect on April 30, 2018.

For the purposes of this directive, a child who is 16 or 17 years of age is defined as a “youth”.

This directive requires all children’s aid societies (societies) to provide the full range of child protection services to eligible youth, where appropriate, until their 18th birthday, including the society agreements with 16- and 17-year-olds under s. 77(1) of the CYFSA (referred to as Voluntary Youth Services Agreement (VYSA) in the directive).

Guiding principles

Access to the full range of protection services for 16- and 17-year-olds will be guided by the following principles, consistent with s. 1 of the CYFSA.

Youth-centred protection service – Youth receiving service may have experienced traumatic events or circumstances. Societies will actively engage the youth in decision-making and promote the youth’s voluntary participation in service, assisting the youth to build on their strengths and address the protection issues that are impacting them. Wherever possible, service should support youth to make decisions that help to minimize risk and promote their best interests, protection and well-being.

Least disruptive approach – Youth are often best supported within their families, extended families and communities. Service should favour the least disruptive course of action to protect the youth. Service should promote the involvement of families, extended families and communities in decision-making about the youth’s safety and well-being, where appropriate.

Permanency – Youth who are 16 or 17 are beginning the transition to independence, and societies will engage them to identify their permanency goals. Service should support the youth in identifying and developing permanent relationships that are meaningful and beneficial to the youth, and incorporate broad definitions of family, extended family, kin and community.

Connection to kin, community and culture – Maintaining connection to kin, community and culture are closely connected to permanency planning and positive outcomes for youth. Youth should have access to culturally appropriate services, community-based supports and opportunities to support their self-development and connection to their cultures, heritages, traditions and identities.

Culturally appropriate services for First Nations, Inuit and Métis Youth – Service to First Nations, Inuit and Métis youth should promote connections with community, culture, heritage and traditions and reflect holistic approaches and support First Nations, Inuit and Métis youth to remain connected with family, extended family and communities.

Diversity – Individuals are unique and service should be responsive to the diversity of youth and families served and be provided from an anti-oppression and anti-racism perspective.

Youth-centred responses to child sex trafficking – Youth who are at-risk of trafficking, or have been trafficked, may have experienced significant trauma. Societies should take a trauma-informed approach and make every effort to engage the youth, making them feel as comfortable, safe and supported as possible.

Requirements

Service approach

  1. Delivery of protection services: Statutory, regulatory and policy directive requirements apply to this cohort of youth and should be consulted for further direction, including the following:
    1. The Ontario Child Welfare Eligibility Spectrum (2016) will be applied to determine whether the reported information meets the threshold for an investigation.
    2. The Ontario Child Protection Standards (2016) will guide child protection workers in each phase of service delivery and is the mandatory framework for service to youth and their families.
    3. Consultation and notice provisions with respect to bands or First Nations, Inuit and Métis communities in the CYFSA and regulations respecting First Nations, Inuit and Métis youth, including ss. 72-73 of the CYFSA.
    4. O. Reg. 156/18 and the Ontario Kinship Service Standards (2006) apply to family and community placements. The 2016 Ontario Permanency Funding Policy Guidelines apply.
    5. Societies must make all reasonable efforts to pursue a plan for customary care where a First Nations, Inuk or Métis child is in need of protection, and cannot remain in or be returned to the care and custody of the person who had charge of the child immediately before intervention under Part V of the CYFSA or, where there is an order for the child’s custody that is enforceable in Ontario, of the person entitled to custody under the order. The 2016 Ontario Permanency Funding Policy Guidelines apply.
    6. A court order will not be sought by a society to admit a youth to care unless a voluntary agreement (i.e., VYSA) has been offered by the society and refused by the youth.
    7. Before entering a Temporary Care Agreement (TCA) with a youth, the society will consider whether a VYSA is appropriate.
    8. If a youth is admitted to the society’s care by court order or a TCA, the policy requirements regarding children in care apply.
  2. Notification of the Office of the Children’s Lawyer (OCL): A referral must be made to the OCL in a form provided by the ministry in any of the following circumstances:
    1. when a society determines that a youth is in need of protection, including in situations where the youth has been removed for the purpose of offering services related to child sex trafficking, and is considering one of the following:
      1. a VYSA
      2. a kinship service placement
      3. a TCA
      4. seeking a court order to bring the youth into the society’s care
    2. when a youth has requested that the society support them through:
      1. a VYSA
      2. a kinship service placement
      3. a TCA
      4. admission to care through a court order
    Referral to the OCL promotes the rights afforded to youth under section 3 of the CYFSA, including their rights to participate in decisions made about the services provided to them and to be informed of all of their rights under the Act. The OCL supports youth in a variety of ways, including by reviewing and advising the youth on the options available and by assisting the youth through discussions with the society. Additionally, the OCL may provide legal representation to the youth entering into a VYSA, if in the opinion of the OCL, such legal representation is appropriate (CYFSA s. 77(7)).

Voluntary Youth Services Agreements (VYSA)

  1. Eligibility for a VYSA: A youth is eligible to enter into a VYSA with a society consistent with s. 77(1) of the CYFSA. The following eligibility criteria apply:
    1. the society has jurisdiction where the youth resides
    2. the society has determined that the youth is or may be in need of protection
    3. the society is satisfied that no course of action less disruptive to the youth, such as care in the youth’s own home or with a relative, neighbour or other member of the youth’s community or extended family member, is able to adequately protect the youth
    4. the youth wants to enter into the agreement
  2. Term of a VYSA: The term of a VYSA may be for any period of time up to, but not exceeding, 12 months. The society may renew the agreement with the youth providing that the total term of the agreements does not exceed 24 months or continue beyond the youth’s 18th birthday.
  3. Living arrangements: The society will work with the youth to develop a plan and secure an appropriate living arrangement that will best meet the youth’s needs, is informed by the youth’s wishes, and is appropriate to the youth’s development and readiness for independence.
  4. Information, referrals and notifications: Prior to entering a VYSA with a youth, societies will:
    1. inform the youth about the voluntary nature and terms of the agreement. These will be explained in a manner that may be understood by the youth.
    2. give the youth an opportunity to consult with a lawyer, an advocate, and/or another trusted adult prior to signing the agreement, and/or to have a support person attend the meeting with the youth. The society will make all reasonable efforts to include these individuals in a planning meeting, where appropriate.
    3. in the case of First Nations, Inuit and Métis youth, provide notification to a representative chosen by the youth’s band or First Nations, Inuit or Métis community that the society is preparing to enter an agreement with the youth.
    4. make a referral to the OCL in a form provided by the ministry (see Requirement 2). Under s. 77(7) of the CYFSA, the OCL may provide legal representation to the youth entering into a VYSA, if in the opinion of the OCL, such legal representation is appropriate. This includes VYSAs that are being offered as a result of a removal to offer services as a result of child sex trafficking as described below.
  5. Complaints and conflict resolution: Societies will inform the youth about options to resolve any issue related to the youth or a plan for the youth’s care, including access to Alternative Dispute Resolution. Societies will also inform the youth about the complaints procedure in a manner that may be understood by the youth, and provide the youth with written information about the complaints process at the following junctures:
    1. signing of a VYSA
    2. development of the Voluntary Youth Services (VYS) Plan and reviews of the VYS Plan
    3. placement changes
    4. upon admission to care by court order or Temporary Care Agreement under s. 75 of the CYFSA
    5. upon request of the youth
  6. Contents of the Agreement: The VYSA will include, at a minimum, the following elements:
    1. the term of the agreement, and information about terminating and renewing agreements (see Requirements 4 and 10)
    2. the name and date of birth of the youth entering the agreement
    3. the name of the society entering the agreement with the youth
    4. a commitment to complete a VYS Plan within 30 days of signing the VYSA (see Requirement 9)
    5. the supports that will be provided to the youth, including any financial supports (e.g., allowance, rent, transportation)
    6. the obligation of the youth to maintain contact with the society
    7. information about the complaints process (see Requirement 7)
    8. information about the documents that will be provided to the youth (see Requirement 11)
    9. the signatures of the youth, the youth’s worker, and the local director (or designate) of the society providing service
    10. a checklist, signed by the worker and the youth, confirming the following:
      1. the youth has been informed about the voluntary nature and terms of the agreement, in a manner that may be understood by the youth
      2. the youth has been given an opportunity to consult with a lawyer, an advocate, and/or another trusted adult prior to signing the agreement, and/or to have a support person attend the meeting with the youth. The society has made all reasonable efforts to include these individuals in a planning meeting, where appropriate
      3. in the case of First Nations, Inuit and Métis youth, the society has provided notification to a representative chosen by the youth’s band or First Nations, Inuit or Métis community that the society is preparing to enter an agreement with the youth
      4. the society has made a referral to the OCL in a form provided by the ministry (see Requirement 2)
      5. the worker has provided the youth with the required written materials (see Requirement 11)
  7. Voluntary Youth Services (VYS) Plan: The society will work with the youth to develop a VYS Plan that is based on the youth’s individual strengths, needs and goals, as follows:
    1. the VYS Plan will be completed within 30 days of signing the VYSA, and updated at least once every six months
    2. the society and the youth will review the VYS Plan, in person, at least once every three months
    3. the VYS Plan will include, at a minimum:
      1. consideration of the following:
        • permanent relationships (e.g., an enduring relationship with at least one trusted adult)
        • connection to communities, cultures, heritages and traditions
        • health and well-being
        • housing
        • education and/or employment
        • life management skills and personal development
        • identity (e.g., race, ancestry, place of origin, colour, ethnic origin, citizenship, family diversity, disability, creed, sex, sexual orientation, gender identity and gender expression)
      2. the financial and social supports that will be provided to and/or on behalf of the youth
      3. roles and responsibilities, including any expectations of the youth (e.g., regular visits with a child protection worker) and commitments of the society (e.g., frequency of contact, supports to be provided)
      4. specific planning with respect to transitioning to adulthood and independence including plans to build financial literacy and household management skills
      5. a reference to the youth’s eligibility for Continued Care and Support for Youth (CCSY) until their 21st birthday if the VYSA expires on the youth’s 18th birthday
  8. Terminating Agreements: Terminations of VYSAs will be governed by the legislation, as well as the following parameters:
    1. where an agreement is being terminated by either the youth or the society, written notice must be given to the other party
    2. when a termination notice is received or issued by a society, the society will provide notice to the OCL in a form provided by the ministry. The youth will be advised of the option to access the OCL respecting the termination
    3. an agreement may be terminated if protection concerns are resolved, and terminating the agreement would not result in the youth being in need of protection
    4. a society may terminate an agreement if the youth cannot be located, and all reasonable efforts have been made to locate the youth
    5. when the society is initiating termination of the VYSA:
      1. the local director (or designate) must sign the termination notice
      2. the notice will be provided to the youth (where possible) and the OCL. A notice period of a minimum of three months will be observed, and the notice period will begin at the point the notice is issued by the society. The youth will continue to receive service, including financial supports, during the notice period
      3. if the youth cannot be located to serve the notice, efforts to locate and give notice to the youth will be documented
      4. the youth will be advised of the option to seek protection services at any point until the youth’s 18th birthday (subject to Requirement 3), and be informed of eligibility for CCSY up to 21 years of age where a VYSA expired on the 18th birthday
      5. the society will make every effort to engage the youth in planning for appropriate supports following termination
    6. when the youth is initiating termination of the VYSA:
      1. the society will make all reasonable efforts to address the concerns of the youth so that the VYSA can continue, if the eligibility requirements are met
      2. the youth will be advised of the option to seek protection services at any point until their 18th birthday
      3. the society will make every effort to engage the youth in planning for appropriate supports following termination
    7. if the youth has taken action to complain about a society notice to terminate its agreement with the youth, the youth will continue to receive service throughout the notice period and throughout the complaints process
    8. where an agreement has been terminated or not renewed, the society and youth may enter into a new agreement at any time in the future providing that the youth meets the eligibility requirements as set out in the act and restated in Requirement 3
  9. Documentation: the society will provide every youth in a VYSA the following documents, in hard copy or electronically, and will indicate in writing in the VYSA that the documents have been provided.
    1. a copy of the VYSA
    2. a copy of the VYS Plan
    3. written information about:
      1. the OCA
      2. the OCL
      3. the complaints process

Child sex trafficking – removal to offer services

  1. Grounds for removal: Pursuant to s. 77.1 of the CYFSA, a child protection worker or a peace officer may bring a child who is 16 or 17 to another location for up to 12 hours for the purpose of offering services and supports to the child, including entering a VYSA (s. 77, CYFSA), if the child protection worker or the peace officer has reasonable and probable grounds to believe that the child is in need of protection because the child has been sexually exploited as a result of being subjected to child sex trafficking (s. 74 (2)(d.1), CYFSA)) and that,
    1. the child has suffered physical harm inflicted by a person involved in subjecting the child to child sex trafficking or received threats of physical harm by such a person
    2. the child is dependent on alcohol or controlled substances as defined in the Controlled Drugs and Substances Act (Canada) or is being provided with alcohol or such controlled substances by another person in order to facilitate the sexual exploitation of the child
    3. the child has a disorder of emotional processes, thought or cognition, a developmental disability or a brain injury and the disorder, disability or injury significantly impairs the child’s capacity to make reasoned judgements regarding the circumstances surrounding their sexual exploitation
    4. the child does not have access to housing other than as provided by a person involved in subjecting the child to child sex trafficking
    5. the child’s finances are being controlled by a person involved in subjecting the child to child sex trafficking or such a person is threatening to control their finances
    6. the child’s personal effects or identification documents are under the control of a person involved in subjecting the child to child sex trafficking
    7. the child does not have Canadian citizenship and information about their immigration status is being used by another person in order to coerce the child into being sexually exploited
    8. the child is otherwise unable to exercise mature and independent judgement regarding the circumstances of their sexual exploitation because the youth is being coerced, manipulated or unduly influenced by a person involved in subjecting the child to child sex trafficking
  2. Purpose of removal: the purpose of a removal under s. 77.1 of the CYFSA is to provide for the immediate safety of a youth who is believed to be subject to child sex trafficking, and to attempt to engage them in voluntary services to secure their long-term protection.
    1. The CYFSA prohibits child protection workers and peace officers from using mechanical restraints, including handcuffs, when temporarily removing a 16- or 17-year-old from a trafficking situation. In situations where there are compounding circumstances (e.g., severe mental health crisis), the police can determine whether they have grounds under other legislation to restrain the youth.
    2. If a child protection worker is temporarily removing a 16- or 17-year-old from a trafficking situation, they must do so in a manner that is consistent with the principles of this directive. In particular:
      1. wherever possible, the youth should be taken to a location where the youth will feel comfortable and supported, and that is not perceived by the youth as punitive
      2. when a 16- or 17-year-old is temporarily removed, they should be taken to a location where their immediate needs can be met (e.g., place to rest, something to eat)
  3. Information, referrals for supports and services, and notifications: when conducting a removal to offer services, the child protection worker will:
    1. inform the youth of the nature of the removal; specifically:
      1. that the removal is temporary and they may be held no longer that 12 hours
      2. that they will be provided with information and be offered voluntary services
      3. that if they are not interested in services, before 12 hours have elapsed, they will be released
    2. provide the youth with detailed information about supports and services, including:
      1. protective services available through the children’s aid society, including an active offer of a VYSA as eligibility requirements will have been met due to reasons for the removal
      2. community-based supports and services, including those that support victims of child sex trafficking, where available
    3. provide the youth with information about and/or an opportunity to consult an advocate and/or another trusted adult, if they wish to do so including:
      1. where the youth already has an OCL, the youth should be provided an opportunity to contact them
      2. advising the youth of the requirement to notify the OCL as per requirement 2 of this directive and seeking direction from the youth about the safest way for the OCL to make contact with them if the youth continues to be exploited by the trafficker
    4. In the case of a youth who is First Nations, Inuk or Métis, the society must consult with or provide notification to the youth’s bands and First Nations, Inuk or Métis communities, if the outcome of the temporary removal triggers a requirement to consult or notify a child’s bands or First Nations, Inuit or Métis communities. (e.g., preparing to enter a VYSA, developing a safety plan).
    5. Provide the Notification to the OCL under section 2 of this directive.

Reporting requirements

  1. Societies are required to provide quarterly and year-to-date service and financial data regarding youth served. Reporting requirements will be further defined through the Child Welfare budget process. Additional reporting requirements may apply.

Effective date: This policy directive is effective October 1, 2021.

Original signed by:

Saba Ferdinands, Assistant Deputy Minister (Acting)
Child Welfare and Protection Division
Ministry of Children, Community and Social Services