Overview

Because I am a young person living in a youth justice facility and receiving a service covered by the Child, Youth and Family Services Act, 2017, I have rights that must be respected.

I have the right to have my rights explained to me in words that I can understand.

I have the right to:

  • take part in decisions that service providers make about my life
  • talk freely and safely about my feelings, thoughts and opinions
  • to have my feelings, thoughts and opinion considered, and for them to have an impact on how decisions are made and what happens
  • talk about services that I am worried or unhappy about
  • ask for changes to those services
  • hear an answer back from my service provider

This page is a summary only. To understand my complete rights under the law, I can read the Child, Youth and Family Services Act, 2017.

Important words to know

Some of the words on this page might have a special meaning when I’m talking about my rights under the Child, Youth and Family Services Act, 2017.

A child is someone younger than 18 years of age.

A young person is someone who has been charged with or found guilty of an offence under a law called the Youth Criminal Justice Act, or the Provincial Offences Act,while they were between 12 and 17 years old.

A youth justice facility is a place where young persons who are involved with the youth justice system are told by a court to live for a specific period of time. Youth justice facilities might be “secure,” which are separated from the community by security fencing and other security features, or “open,” which are similar to group homes.

The word services appears throughout this page. There are many different types of services under the Child, Youth and Family Services Act. Some examples are:

  • services for children with developmental or physical disabilities or their families
  • mental health services for children or their families
  • services that are related to residential care for children
  • services for children who are or may be in need of protection and their families
  • services that are related to adoption
  • counselling for a child or for a child’s family
  • services that support children and families or help prevent child abuse and neglect
  • services and programs for young persons involved in the youth justice system

A service provider is a person or organization who provides a service under the Child, Youth and Family Services Act. Under the act, foster parents are not service providers.

A foster parent is an adult who provides care for a child but is not the child’s parent.

Right to voice my opinion and talk about situations that affect me

I have my own feelings, thoughts and opinions about things or situations that affect me. I have the right to talk freely and safely about these feelings, thoughts and opinions.

Read the law about section 3 of the Child, Youth and Family Services Act.

Decisions that affect me

Service providers who work with me will make decisions that affect me. I may have feelings, thoughts and opinions about these decisions.

I have the right to:

  • have honest and respectful discussions about how and why these decisions are made
  • share these feelings, thoughts and opinions
  • have my feelings, thoughts and opinions considered and for them to have an impact on how decisions are made and what happens

As I get older and more mature, my feelings, thoughts and opinions should have more impact on the decisions that are made about me.

Services I receive

Service providers that work with me make decisions about the kind of services I receive right now and about the kind of services I might receive in the future.

I have the right to be:

  • asked for my feelings, thoughts and opinions about these services
  • involved in decisions that are made about these services
  • told what decisions have been made about these services

I may have worries, be unhappy with or want changes made to the services I receive or the services that I will receive in the future.

I have the right to talk about these things without feeling:

  • like I will get into trouble
  • intimidated or pressured to change my views
  • like I will be treated differently

If I say that I am worried or unhappy with the services I am receiving or will receive, or if I ask for changes to these services, I have a right to hear an answer back from my service provider.

Right not to be physically punished

A service provider or foster parent can never punish me by hurting me. A service provider or foster parent cannot allow anyone else to punish me by hurting me.

Read the law about section 4 of the Child, Youth and Family Services Act.

Rights about when I can be placed in a locked room or facility

No service provider or foster parent can lock me in a place where I can’t get out, unless:

  • I am in a secure treatment program
  • I am a young person living in a secure youth justice facility
  • I am receiving services in a place where a special locked room has been approved

These are the only situations when a service provider or foster parent can allow anyone else to lock me in a place where I can’t get out.

A locked room can never be used as a form of punishment.

Read the law about section 5 of the Child, Youth and Family Services Act.

If I am in a secure treatment program, or I am a young person living in a secure youth justice facility, the facility I am in can be locked and my room can be locked at night.

If a locked room is allowed

If I am in a place where a locked room has been approved, there are laws about:

  • when I can be locked in a place
  • how long I can be locked in a place
  • what that place must look like
  • who must be watching me so I am safe
  • reviews of my placement in a locked room

There are also rules depending on my age. There are different laws if I am under 12 years old and different laws if I am 16 years or older and in a secure youth justice facility.

All these laws are in the Child Youth and Family Service Act.

If I have questions about these laws, I can talk to a staff member, worker or lawyer. Get information about:

Read the laws about:

Rights about when I can be physically restrained

No service provider or foster parent can:

  • use their strength to stop me from moving, except in very specific situations
  • allow anyone else to use their strength to stop me from moving
  • use their strength to stop me from moving as a form of punishment

There are laws that describe how and when a service provider or foster parent can use their strength to stop me from moving so I stay safe. Read the law about section 6 of the Child, Youth and Family Services Act.

I can talk to a staff member, worker or lawyer if I have questions about these laws. Get information about:

Rights about when restraints can be used to limit my movement

Mechanical restraints can never be used on me as a form of punishment or because it is convenient for my service provider to use them.

Mechanical restraints can only be used if:

  • I am in a secure treatment program
  • I am a young person living in a secure custody or secure temporary detention youth justice facility, including during transportation (this means transportation to another place of secure custody or temporary detention, or to or from court or the community)
  • a mechanical restraint is needed to help me with my daily living (such as washing, dressing, eating or going to the washroom) or with my health needs

In these situations, there are laws that my service provider must follow that describe:

  • when they can use mechanical restraints
  • when they must remove a mechanical restraint
  • how they must use mechanical restraints for my safety and the safety of others around me

Read the law about section 7 of the Child, Youth and Family Services Act, including the laws:

I can talk to my worker, a staff member or lawyer if I have any questions about mechanical restraints. Get information about:

Rights about being heard when decisions are made about me

I have the right to have honest and respectful discussions when other people make decisions that affect me. I have the right to share my feelings, thoughts and opinions, for them to be considered and for them to have an impact on how decisions are made about me and what happens.

This includes decisions about:

  • my health, the doctors I see and my medication
  • my schooling, training or work programs
  • my culture, community, identity, religion and beliefs
  • moving into a new place or out of my current place
  • other things that may affect me

As I get older and more mature, my feelings, thoughts and opinions should have more impact on the decisions other people make about me.

Read the law about section 8 of the Child, Youth and Family Services Act.

Rights about understanding my rights and making complaints

The first time I go to a new place to live, and at regular times after that, I must be told about the following in words that I can understand:

  • my rights as someone receiving services under the CYFSA
  • my additional rights as someone living in a foster home, group home, secure treatment facility or youth justice facility
  • as a young person residing in a youth justice facility, my right to a review of my placement by the Custody Review Board
  • what my responsibilities are in the place I am living
  • the specific day-to-day rules in the place I am living, including rules about discipline

I must be reminded regularly about these rights to make sure I understand them. 

Rights about who I can talk to and visit, and the privacy of my communication

I have the right to have regular private conversations and visits with members of my family and extended family, except if I am in extended society care.

If I am in extended society care, I only have a right to visit or speak with my family or extended family if a judge makes an order saying that I can.

To learn more about my rights to see or speak with my family or extended family, I can speak to my worker or my lawyer. Get information about:

I have the right to talk and visit in private with:

  • my lawyer or another person representing me
  • the Ombudsman or members of the Ombudsman’s staff
  • an adult who is an elected representative in the province of Ontario (also called a Member of Provincial Parliament or MPP)
  • an adult who is an elected representative in Canada (also called a Member of Parliament or MP)

I have the right to send and receive written communications, including:

  • letters
  • emails
  • texts
  • posts

As a young person living in a youth justice facility, there are laws about who can open and read my written communication.

If I send or receive any written communication from my lawyer, a service provider is allowed to open, check for and remove any objects that I am not permitted to have. A service provider is not allowed to read my written communication with my lawyer.

A service provider is not allowed to open or read my written communication to or from:

  • the Ombudsman or members of the Ombudsman’s staff
  • an adult who is an elected representative in the province of Ontario (also called a Member of Provincial Parliament or MPP)
  • an adult who is an elected representative in Canada (also called a Member of Parliament or MP)

If I send or receive written communication to or from someone else, for example, a friend, a service provider is allowed to open it and remove any objects that I am not permitted to have. A service provider is also allowed to read and/or keep my written communication if they think it might:

  • hurt me physically or emotionally
  • might not be in my best interests
  • be a safety or security risk to the youth justice facility where I live
  • might not be allowed by a court or under a law called the Youth Criminal Justice Act

Read the law about section 10 of the Child, Youth and Family Services Act.

Rights about who can visit me in a youth justice facility and when visits can be stopped

A service provider can make rules about who can visit me while I am living in a youth justice facility. These rules should make sure that myself and others are safe.

A service provider can stop people from visiting me for a period of time if there is an emergency in the youth justice facility or in the community.

My service provider must explain how I can make a complaint if I do not agree with the rules about who can visit me. My visitors are also allowed to make a complaint about these rules.

Unless there is a safety concern, I can still have visits with:

  • the Ombudsman or a member of the Ombudsman’s staff
  • an adult who is an elected representative in the province of Ontario (also called a Member of Provincial Parliament or MPP)
  • an adult who is an elected representative in Canada (also called a Member of Parliament or MP)

Read the law about section 11 of the Child, Youth and Family Services Act.

Rights about my privacy, my personal belongings and certain activities

As a young person living in a youth justice facility, I have the right to my privacy and to have my own personal belongings with me. Information about my involvement in the youth justice system is also protected under a law called the Youth Criminal Justice Act.

For safety and security reasons, there are laws that permit staff to search me, my belongings or my room. For example, a service provider can take away items that are not allowed in the facility. There are laws about what a service provider can do with items they take away from me.

I have the right to learn about and participate in activities related to my religion, beliefs, community, identity and culture. In some cases, I may need permission from my parents to learn about and participate in some of these activities.

Read the law about section 12 of the Child, Youth and Family Services Act.

Rights about my plan of care and the care I receive

I have the right to a plan about the care that I receive in the place I am living. My plan of care must be made within 30 days of moving into a new place to live.

I have the right to take part in creating my plan of care and making changes to it.

There are laws about what needs to be in my plan of care. If I have any questions about my plan of care, I can speak with my service provider or my lawyer. Get information about:

I have the right to:

  • have access to good-quality food and meals that are well-balanced for me
  • be given clothing that is good quality, fits and is appropriate for my activities and the weather
  • get medical and dental care regularly and whenever I need it (I may need parental consent)
  • get an education that matches my skills and abilities and to go to school somewhere in the community whenever possible
  • take part in sports and creative activities that I enjoy, that take place in the community whenever possible

Read the law about section 13 of the Child, Youth and Family Services Act.

Rights about my personal information

Information about my involvement in the youth justice system is also protected under a law called the Youth Criminal Justice Act (YCJA).

Read about how the YCJA protects the privacy of young persons involved in the youth justice system.