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.
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