On April 13, 2023, the Ontario Ombudsman released his report “Rights Unrecognized: Mia’s Story.” The Ombudsman’s investigation concerned the adequacy of the services provided by the York Children’s Aid Society to 16-year-old “Mia.”
In fall 2019, Mia found herself in a state of emotional crisis unwelcome in her mother’s home without family members or friends willing or able to provide her with stable housing. She was desperately seeking a safe and secure place to live along with a way to finish high school. The York Children’s Aid Society (the “Society”) spoke to Mia about the option of entering into a Voluntary Youth Services Agreement (“VYSA”). The Child, Youth and Family Services Act, 2017 allows children’s aid societies to provide services to 16- and -17-year-olds, including through a voluntary youth services agreement, if the youth is in need of protection and an out-of-home placement is required. Under such agreements, children are entitled to receive the full range of protection services. After discussing the expectations and responsibilities relating to the agreement with a lawyer from the Office of the Children’s Lawyer, Mia entered into a VYSA with the Society in December 2020.
Mia made it clear to the Society that she was not ready for independent living and desired the stability and support that a foster home would provide. While there were external foster placements available, senior management at the Society refused to approve a placement for Mia. Instead, frontline staff were encouraged to keep exploring family options. One official even suggested that in the meantime Mia could “stay in a shelter.”
Mia did not achieve her goal of stable housing and returning to school before she died suddenly in January 2020. The Coroner’s Officer determined that Mia’s death was unconnected to the child protection services that she received. However, responding to concerns raised about Mia’s interactions with the Society, the Ombudsman subsequently commenced an investigation.
In his report, the Ombudsman found that Mia received virtually no support from the Society. He also observed that Society staff had received limited training in how to administer VYSAs and were unfamiliar with how to offer services under them. In addition, he identified serious issues with the Society’s consideration of Mia’s wishes and best interests when it made important decisions affecting her. The Ombudsman concluded that the Society provided inadequate services to Mia and that its conduct was unreasonable and wrong under the Ombudsman Act. The Ombudsman made 20 recommendations to enhance services provided to 16- and 17-year-olds who are in need of protection.
In addition to addressing Mia’s story, the Ombudsman’s report indicates that since 2019 his Office has received 90 complaints relating to 30 different children’s aid societies raising concerns about VYSAs. It also notes that there is considerable uncertainty and inconsistency surrounding the provision and scope of voluntary protection services offered to 16- and 17-year-old children by children’s aid societies. The report explains that the Ministry of Children, Community and Social Services was offered an opportunity to review the Ombudsman’s findings and recommendations before they were released, and includes a statement from the Ministry committing to working with the child welfare sector, including reviewing the training provided, to enhance knowledge of VYSAs and their administration.
Mia’s voice went largely unheard when she sought support from the Society prior to her death. Hopefully, in future, her story will inspire improvements that support the best interests of youth seeking and receiving services under Voluntary Youth Services Agreements.
About the Author
Laura Pettigrew is General Counsel with the Office of the Ontario Ombudsman.
The views expressed are those of the writer and do not necessarily represent the views or opinion of the Office of the Ontario Ombudsman.
Any article or other information or content expressed or made available in this Section is that of the respective author(s) and not of the OBA.