Child Protection: How you can help a friend in need

Daniel is fourteen years old and in grade nine.  He is on his school’s junior basketball team, and practices in the mornings before school.  One morning Daniel and his teammates are in the change room, suiting up for their basketball practice.  They are all talking about an upcoming game against their rival school.  Daniel’s friend Eric is changing next to him.  When Eric is changing into his basketball jersey, Daniel notices a huge bruise on Eric’s shoulder.  Daniel asks him about it and Eric immediately says, “Oh it’s nothing. I’m such a klutz – I fell down the stairs yesterday!”  With that Eric finishes changing at lightning speed and practically runs out into the gym, away from Daniel.  Daniel gets an uneasy feeling in his stomach.

At the end of the day, Daniel and Eric walk home from school together.  At first Daniel keeps the conversation light, talking about class and their upcoming basketball game.  But Daniel can’t shake the uneasy feeling about what had happened that morning.  Daniel decides to bring up the subject with Eric.

“Eric, that bruise on your shoulder looks pretty bad.”

Eric’s walk slows, but he responds, “Oh, it’s nothing.  It doesn’t hurt that bad.  It was my fault, I fell on the ice at hockey practice last night.”

“But this morning you said that you fell down the stairs.” 

“Yah…  I fell down the stairs and I tripped on the ice – I’m a klutz.  Drop it.”

Daniel doesn’t want to drop it.  He has a terrible feeling and asks, “Eric, did someone give you that bruise?”  Eric won’t make eye contact with Daniel and doesn’t answer the question.   Daniel says, “I’m just worried.  Are you okay?”

Eric asks Daniel if he can keep a secret; Daniel says, “Of course.”  Eric then confesses to Daniel that the bruise wasn’t an accident.  His stepfather got angry last night when Eric forgot to unload the dishwasher, and he hit him. 

“Eric, that’s not a reason for him to hit you.  You should tell your mom… or Mrs. Matthews the principal.  I’m sure that one of them can help.”

Eric responds, “Look it was my fault.  It’s always my fault!  I should have unloaded the dishwasher.  I always forget to do stuff, and if I didn’t he wouldn’t have to remind me!  I just have to be better.  I’m not telling anyone.  And you promised you wouldn’t say anything!”

Daniel says, “Yah I promised, but…”

“No ‘buts’! You promised!”

“Okay, okay.  I won’t say anything.”  Daniel promises. 

That night, Daniel wants to talk to his parents about what Eric said, but he is afraid that he will get in trouble, or that he’ll get Eric in trouble.  And he doesn’t want to break Eric’s trust.

http://www.papsyblog.org/2011/11/doctors-might-miss-some-cases-of-child.html

WHAT CAN DANIEL DO?

Daniel can tell his parents, or Mrs. Matthews the principal or one of the teachers about the information that Eric told him.  Abuse is harm that can take many different forms, including both words and physical actions. No person ever deserves abuse, and regardless of whether Eric forgot to do his daily chores or misbehaved, his stepfather has no right to hit him in anger. Eric needs to realize that it is not his fault and he by no means deserves the abuse from his stepfather. 

The adult that Daniel chooses to confide in about his concerns for Eric may talk to Eric to find out what is going on.  If this adult thinks that Eric is being abused then he/she has a legal duty to report the situation to the Children’s Aid Society (CAS).  The Children’s Aid Society is responsible for protecting children under the age of 16 from harm. CAS also works with families to help take better care of their children. According to Ontario law, every member of the public must contact CAS to report suspicions if they have reasonable grounds to believe that a child is being abused or neglected. The law defines the phrase "child in need of protection" and sets out what must be reported to a children's aid society, which includes physical, sexual and emotional abuse, neglect, and risk of harm. In this case, if Daniel speaks to an adult, the adult will have a duty to report suspicions of abuse (bruise on Eric’s shoulder and his explanation of it). CAS has the authority to investigate a situation if they are contacted.

IF CAS IS CONTACTED:

Once contacted, the CAS will do an initial screening of the report. The CAS worker will take some steps to decide whether CAS needs to become involved. If the CAS worker decides that the children are well cared for, then it may decide not to become involved. After the first step, screening, the CAS may decide to do a child protection investigation. If this happens, the CAS worker will visit Eric’s family home and talk to the family. They may also talk to other people, such as Eric’s teachers or neighbours. At the end of the investigation, they CAS worker may decide that the children are not in need of protection, and no further action will be taken. If, however, the CAS decides that the children are in need of protection, they will take steps to make sure the children are safe. This can include working with the family to try to address the issues and problems the family is facing. If the CAS feels there is no other way to keep the children safe, it can remove, or apprehend, the children. It is important to note that if a decision is made for you to be removed from your home against your parents wishes then the case would have to be heard in court. Children in Ontario have the right to lawyer from the Office of the Children's lawyer who would represent your best interests at court. 

NOTE:  Having involvement from a Child Protection Agency can be scary and overwhelming. It is important for a young person to know that they have rights and there are agencies that can help explain what is happening and offer support and advice. 

If live in Ontario and are under 18 and you have questions about child protection you can call us at Justice for Children and Youth for more information and legal advice at (416) 920–1633 or 1-866-999-5329. It is important to note that while most adults who Eric spoke to about his situation may have a legal obligation to report their suspicion/concern to the local child protection agency this rule does not apply to youth who contact a lawyer for legal advice. Most of the time, a lawyer will not be obligated to report a child protection concern.  If you want legal advice - call and we'd be happy to speak with you. 

Furthermore, if a local child protection agency has been contacted and you want added assistance the Office of the Provincial Advocate for Children and Youth has advocates who are happy to assist young people who want help advocating for their rights related to entering into care. You can contact them by calling 1-416-325-8326 or 1-800-263-2841.

To find more information or to contact your local Children’s Aid Society, please visit:

Ontario Association of Children’s Aid Societies: http://www.oacas.org/

Native Child and Family Services of Toronto: http://www.nativechild.org/

Catholic Children’s Aid Society of Toronto: http://www.torontoccas.org/

Jewish Family and Child: http://www.jfandcs.com/  

This blog scenario was written by Marsha Rampersaud, a volunteer on the JFCY's PLE Team. The legal content was written by Lauren Grossman, a first year law student at the University of Toronto who is volunteering at JFCY as the PLE team leader through her law school's Pro Bono Students Canada program. All legal content was reviewed by a JFCY lawyer.

Child Protection and the Law in Ontario

Image Source: https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhMS6pIjmC1VLoh0z_O07MsHt6qAI1Pf1QFF6FlINKSGfomCIZJ5jo6OTTFm9-RA0_A-CekdDms00QX5UKG4pIPdv0gtOuqcmRmN7znIEhys7ZEpLd29G3nJ4ogfc04f-iPqJSN8ezmXD2N/s1600/family.jpg

Scenario:

Rochelle is 14 years old. She lives with her mother, father, and her younger sister, Georgia. Rochelle’s father lost his job a year ago and has been struggling to get back on his feet. They are currently receiving social assistance, but the family only receives about $1200 a month. After paying their $900 rent each month, there is not much money left for food. Sometimes Rochelle and her sister go to school without a lunch. One day, Rochelle’s teacher noticed a bruise on her arm. When she asked her about it, Rochelle said she fell off her bike. Her teacher also noticed that Rochelle and her sister often did not eat at lunch. Her teacher was worried about Rochelle and her sister, so she called the Children’s Aid Society (CAS).

Legal Information

The Children’s Aid Society is responsible for protecting children under the age of 16 from harm. It also works with families to help take better care of their children.

The law in Ontario requires that members of the public, including professionals who work with children (i.e. teachers) must report any suspicions that a child is or may be in need of protection to the CAS. The law defines the phrase "child in need of protection" and sets out what must be reported to a children's aid society, which includes physical, sexual and emotional abuse, neglect, and risk of harm. In this case, Rochelle’s teacher had a duty to report her suspicions of abuse (bruise on Rochelle’s arm) and neglect (lack of food).

Once contacted, the CAS will do an initial screening of the report. The CAS worker will take some steps to decide whether CAS needs to become involved. If the CAS worker decides that the children are well cared for, then it may decide not to become involved. After the first step, screening, the CAS may decide to do a child protection investigation. If this happens, the CAS worker will visit the family’s home and talk to the family. They may also talk to other people, such as teachers or neighbours. At the end of the investigation, they CAS worker may decide that the children are not in need of protection, and no further action will be taken. If, however, the CAS decides that the children are in need of protection, they will take steps to make sure the children are safe. This can include working with the family to try to address the issues and problems the family is facing. If the CAS feels there is no other way to keep the children safe, it can remove, or apprehend, the children.

After the children are initially removed from their home, the CAS must go to court within five days to have what is called a child protection proceeding. A judge will then decide what happens next and make a temporary order as to where the children should live while the case is being worked out. If the judge says the children must be removed from their home, they can be placed with another family member or friend if it is safe and appropriate to do so. If this is not possible, the children will be placed in residential care, which could be a group home or a foster home. What happens next will depend on many different factors. Child protection proceedings can be complicated and involve many different steps. For more information on child protection proceedings in court, check out this booklet.

If you are a child and have been removed from your home, you have rights, which include the following:

a. You have the right to a plan of care. This plan describes:

• What you need,
• What you and the staff are trying to do, and

• How you and the staff are trying to meet your needs. You have the right to take part in making and changes to it.

b. You have the right to take part in making important decisions about your care. These decisions include medical treatment, education, religion, ending or transferring your placement.

c. You have the right to speak with and visit members of your family on a regular basis except when there is a court order which says otherwise.

d. You have the right to speak to and receive visits from your lawyer, an adult person representing you, the Ombudsman, or the Office of the Child and Family Service Advocate.

e. You have the right not to be punished physically.

f. You have the right to proper food and clothing.

g. You have the right to proper medical and dental care.

h. You have the right to proper education.

i. You have the right to participate in sports and recreation programs.

j. Within reasonable limits you a have the right to privacy and to your personal property.

k. You have the right to receive and send mail. Your mail cannot be kept from you and usually should not be read by anyone else. If the person looking after you believes that the mail you are sending or receiving is harmful to you or others, they may open it. Your mail to or from your lawyer may not be read.

l. You have the right to be told of the complaint procedure and to make complaints. You have the right to make complaints to an independent person who is not looking after you.

No matter how you end up in residential care you keep these rights. You must be told of these rights by a social worker, child care worker, or other person. If you have any questions about your residential care you should ask your worker, phone a lawyer or the Office of the Provincial Advocate for Children and Youth at 416-325-5669 in Toronto or 1-800-263-2841.

There are special Children’s Aid Societies that you should be aware of. If you are First Nation, Aboriginal, Metis, or Inuit you have the right to access services from Native Child and Family Services. If you are Catholic, you have the right to access services from the Catholic Children’s Aid Society and if you are Jewish, from the Jewish Family and Child.  Please note that not all communities have these special Children’s Aid Societies.

To find more information or to contact your local Children’s Aid Society, please visit:

Ontario Association of Children’s Aid Societies: http://www.oacas.org/

Native Child and Family Services of Toronto: http://www.nativechild.org/

Catholic Children’s Aid Society of Toronto: http://www.torontoccas.org/

Jewish Family and Child: http://www.jfandcs.com/  

If your family is involved with a Children’s Aid Society in Ontario and you are under 18, you can call Justice for Children and Youth form more information and legal advice at (416) 920 – 1633.

This post was written by PLE Team volunteer Christine Doucet.  Christine recently graduated from Osgoode Hall Law School. 

What is the Office of the Children's Lawyer?

The Office of the Children’s Lawyer

In this post, we look at the Office of the Children’s Lawyer (OCL), which is a law office in the Ministry of the Attorney General that provides legal services to children and youth who are under the age of 18 in Ontario.

While they both represent children and youth on legal issues, JFCY and the OCL are different organizations doing different things.

What is the Office of the Children’s Lawyer?

The physical office where the OCL operates is in downtown Toronto, but there are lawyers and social workers across the province that work with the OCL, and services are available to children and youth anywhere in Ontario.

Lawyers who work for the OCL represent children in many areas of the law including custody and access disputes (when parents separate or get divorced), child protection (when a Children’s Aid Society is involved), and civil litigation (more about this below).

Social workers, who are also called Clinical Investigators at the OCL, may be involved in a case to prepare a report to the court in custody and access disputes and may also help lawyers who are representing children in these cases.

What does the office do?

There are two broad areas in which the OCL works – personal rights and property rights. The OCL does not provide representation or assistance in criminal matters. If you have an issue you think is related to criminal law, contact Justice For Children and Youth for further information and assistance. 

Personal Rights

Personal rights cases include custody and access matters and child protection proceedings. Often, in custody and access cases, parents are able to agree on many issues. There are times, however, where the adults cannot agree and the issues may become complicated. Usually, parents will have the opportunity to have a lawyer help them with their case. If the court thinks it is a necessary for the child or youth to have a lawyer, the court may request that the OCL provide representation to the child or youth. The court will ask the OCL to become involved when the court feels that it needs more information to protect the interests and needs of the child or youth.

One of your parents or the judge can make a referral to the OCL to request that the office becomes involved. If no one has made a request and you feel like you need a lawyer, you can ask one of your parents to ask the court for a referral to the OCL. However, just because the court asks the OCL to assist, it does not mean that the OCL will always become involved. The OCL makes the final decision whether or not to become involved in a custody or access case.

In cases where a Children’s Aid Society (CAS) is involved, the CAS may apply to the court for an order that a child is in need of protection, and remove a child or youth from his or her home. This may happen for many reasons, including abuse and neglect. In most cases, the CAS, and the parent(s) or other adults involved in the case usually have their own lawyers. If the court thinks it is necessary to protect a child’s interests, the court may ask the OCL to provide a lawyer to represent the child or youth. If the court requests the OCL to provide representation in child protection cases, the OCL must do so.

Property Rights

Property rights cases involve civil litigation and estate and trust matters. In Ontario, children and youth (under 18 years of age) cannot sue or be sued in their own name. In a situation in which a child has a right to sue, or is being sued, the child needs someone to act as a Litigation Guardian, who will make decisions for a child in legal proceedings. This would most often come up in personal injury cases, for example if a child was in an accident.

Often, a parent, guardian, or other adult may be appointed by the court as a Litigation Guardian. However, there may be cases where this is not appropriate, or there is no one who is willing and able to act as a Litigation Guardian. If there is no other person available, the court may order that a lawyer from the OCL act as a Litigation Guardian. 

The OCL also represents children and youth estate and trust cases. If a parent, guardian or relative passes away, there are many legal issues that come up for children and youth, including looking at the will, if there is one, to make sure it is valid, and making sure there is adequate support for the child from the estate of the person who has died. 

Where can I get more information?

For more information, check out the Office of the Children’s Lawyer’s website here.

For more information on your rights in cases of separation and divorce, you can check out this pamphlet: Where Do I Stand? A Child's Legal Guide to Separation and Divorce.

This blog post was written by JFCY volunteer Christine Doucet. Christine is a member of the PLE team and YouTube subcommittee, and is a recent graduate of Osgoode Hall Law School. 

Photo Sources: www.business-clipart.com/  and

http://www.kintera.org/AccountTempFiles/account21259/images/justice_scales.jpg

Video: Leaving Home

Check out this new video that deals with legal issues that can arise when youth leave home.  

Click on the link below to learn about the legal and practical issues that Terence must consider as he decides whether to leave home and live on his own at the age of 16. 

To read more about leaving home legal issues in Ontario, check out this JFCY pamphlet, as well as our past blog posts here and here.

A special thanks to the volunteers from the YouTube Subcommitte of the PLE Team for their efforts in making this video: Arif, Terence, Lucas, Tracy, Cydney, and Chrsitine, as well as JFCY staff lawyer Andrea.

To view the JFCY YouTube channel click here.

Child Abuse and the Legal Obligation to Report

Blog scenario was written by JFCY volunteer and PLE Team Member Cydney Kim, a grade 11 student at UTS.  Legal info by JFCY. 

Ashley is a 14 year old student who has just started high school. After moving with her mom and her new step-father to another city, her school and neighborhood are both unfamiliar and daunting.  Luckily, she befriends Jasmine on the first day and soon begins to confide in her. The biggest challenge that Ashley faces is getting used to her new step-father. While she respects her mom’s decision to marry him, she finds it hard to warm up to him.

One day, Ashley accidentally breaks a plate while her mom is not home. Suddenly, her step-father begins to scold her. While it began as a lecture, it gets more heated until he harshly pushes her up against a wall, bruising her back. Later that day, he approaches her and apologizes, claiming that he acted out rashly in a moment of anger. However, it doesn’t stop there. These incidents of physical abuse grow more frequent and Ashley begins to fear going home. Not wanting to end her mother’s marriage, she doesn’t tell her mother and keeps it to herself. After all, her step-father always apologizes to her afterwards.

                

However, her friend Jasmine soon realizes that something is wrong when Ashley begins to come to school with bruises on her arms and worried expressions. Eventually Ashley explains how she received the bruises but brushes the situation aside; saying that her step-father didn’t mean it and that time would solve the problem. As Ashley walks away, Jasmine realizes that these incidents will only grow worse if nothing is done.

What can Jasmine do?

Legal Information

This blog post covers what happens when someone suspects that a child is being harmed or is unsafe at home, and the beginning of the process where child protection services become involved with a family.  It does not describe what happens after the first court hearing if a child is removed from home.  For more information about child welfare court from a young person’s perspective, check out this JFCY pamphlet.  For information for parents and guardians on child protection, check out Family Law Education for Women’s page on child protection.

If Jasmine is concerned about Ashley, she can talk to a teacher or other trusted adult.

Jasmine can tell an adult that she thinks that Ashley may be suffering from abuse at home.  For example, she can tell one of their teachers. Abuse is harm that can take many different forms, including both words and physical actions. Many times, abuse takes place between people who are in close relationships, like people in a sexual relationship or a parent and child.  This can make abuse very difficult to discuss and respond to.  However, no person ever deserves abuse, and regardless of whether Ashley broken things or misbehaved, her step-father has no right to hit her in anger.  For more info on the laws around physical punishment (or “spanking”) click here.  

The adult that Jasmine confides in about her concerns for Ashley may talk to Ashley to find out what is going on.  If this adult thinks that Ashley is being abused then that person has a legal duty to report the situation to the Children’s Aid Society (CAS).  According to Ontario law, every member of the public must contact CAS if they have reasonable grounds to believe that a child is being abused or neglected.  CAS has the authority to investigate situations after they are contacted. This means that CAS will get in touch with the family to find out what is happening.  If necessary, they may act to make sure that the child is safe. 

For more info on what happens once that CAS is involved with a family see our earlier post here.

Toronto Star: Ontario should help foster kids until they turn 25

An editorial was published in the Toronto Star earlier this week about extending support for youth in the care of Children's Aid Societies to age 25.  Youth "aging out" of care is an important issue, because, at 18 or 21, many young people are not prepared or able to live independently - in fact, Canadian youth and young adults today are living with their parents longer than ever before.  However, young people in Ontario leave care at 18 or 21, and they are no longer able to receive support from Children's Aid after that point.  The editorial argues that support should be extended, and that there are good financial reasons to do so: "For every $1 the province of Ontario spends supporting its youth by extending supports to age 25, we estimate that governments could save or earn an estimated $1.36 over the working lifetime of that person."

The article is informative and worth a read - it draws on many of the same issues that JFCY referred to in its submissions to the Youth Leaving Care hearings in Ontario earlier this year.

Abuse at home - how can I get help?

Maria is twelve years old. Her mother has just married Craig. Maria has a good relationship with her mom, but is becoming aware her mother could be in an unhealthy relationship. Craig swears a lot and calls her mother inappropriate words. Before the marriage, Craig had hit her mom on several occasions and her mom tried to leave. Maria’s mom told her that she has chosen to be with Craig due to her financial situation.

Since the marriage, Craig has moved into the household. Maria is rebellious about this new adjustment as she does not like Craig. Maria’s mom has not told anyone about Craig’s abuse and has told Maria not to tell anyone. At this point, Craig has never physically hit Maria but has been verbally abusive.

However, one night, Maria’s mom is not home because she is working a night shift. Craig, who has cooked dinner for Maria, is telling her to come eat food. Maria expresses that she is not hungry and does not want to eat. Craig becomes agitated at this and orders her to eat her dinner. He yells at her and calls inappropriate words such as “stupid brat” and even threatens her with “if you don’t eat I am going to kill you.”

Maria has now become frightened about the current situation. She decides to hide in the attic of the house. Craig is unable to control his anger.  He eventually finds Maria and hits her.  He leaves bruises on her body. Craig also threatens Maria not to tell her mother or he “will kill her.”

Maria, unsure as to what to do, decides to tell her mother when Craig is not home. However, her mother does not believe she is telling the truth. Maria has reasons to believe that Craig would hit her again when her mother is not home. Over a few months, this abuse persists when Maria’s mother is not home, leaving Maria scared and unsure as to what to do. Her mom continues not to believe her, leaving Maria left to deal with her abuse alone.

Maria considers telling her teacher at school about this abuse, but is unsure as to what can be done.  She does not want to continue living in a place where she feels unsafe.

Legal Information

This blog post covers what happens when a child feels unsafe at home, and the beginning of the process where child protection services become involved with a family.  It does not describe what happens after the first court hearing if a child is removed from home.  For more information about child welfare court from a young person’s perspective, check out this JFCY pamphlet.  For information for parents and guardians on child protection, check out Family Law Education for Women’s page on child protection.

If Maria feels unsafe at home, who can she contact?

Maria has been abused by Craig.  Abuse is harm that can take many different forms, including both words and physical actions.  Many times, abuse takes place between people who are in close relationships, like people in a sexual relationship or a parent and child.  This can make abuse very difficult to discuss and respond to.  However, no person ever deserves abuse, and regardless of whether Maria has argued with or disobeyed Craig, he has no right to hit her.

If Maria tells her teacher or another adult about the abuse, that person has a legal duty to report the situation to the Children’s Aid Society (CAS).  According to Ontario law, every member of the public must contact CAS if they have reasonable grounds to believe that a child is being abused or neglected.  CAS has the authority to investigate situations after they are contacted. This means that CAS will get in touch with the family to find out what is happening.  If necessary, they may act to make sure that the child is safe.  Even if Maria does not tell her teacher, she can contact CAS herself.

The next section discusses what happens if CAS gets involved with Maria’s family.  However, if CAS does not think that Maria needs protection, and Maria disagrees, she can apply to the court to get protection.  This is an option available to young people under 16, and it is called a “third party application.”

What happens when CAS gets involved with a family?

When CAS is contacted about child abuse, it will do an initial screening to decide whether it needs to become involved with a family.  After this screening, it may decide that the child is well cared for and that CAS doesn’t need to be involved.  It may also decide to investigate.  CAS will most likely decide to investigate in Maria’s case, and they will visit her home to talk to her, her mom, and Craig.  CAS may also talk to people lilke Maria’s teachers or the family’s neighbours.  The goal of the investigation is to determine whether Maria is in need of protection.  The fact that Craig has hit Maria is a good reason for CAS to see her as needing protection, and so is the fact that she has seen Craig hitting her mom at home.

If CAS finds that Maria needs protection, it will work with her, her mom, and Craig to solve the problem.  CAS tries not to disrupt families more than necessary , which means that Maria may be able to stay at home with her mom.  However, it will be very important for Maria’s mom to get a lawyer to help her as soon as CAS becomes involved with Maria’s family.  When CAS works with a family to ensure that a child is safe, they will ask the family to sign an agreement called a Plan of Service.  The agreement sets out exactly what is required to make sure that the child is safe.  What is in the plan will depend on what CAS sees as necessary for Maria’s safety.  If Maria’s mom is unwilling to sign the Plan of Service, or she does not follow its conditions, CAS may take Maria from her home.  For example, if CAS does not think Maria will be safe around Craig, and Maria’s mom will not consider living without Craig, this could mean that Maria can no longer live at home.  CAS has the authority to make this decision.

If CAS decides that Maria cannot live at home, they can place her with a family member, in a foster home, or in a group home.  CAS may also call the police to tell them about the abuse.  The police could lay criminal charges against Craig for assaulting Maria.  Assault is a crime that happens when one person touches another person without that person’s permission.  It is possible that Maria’s mom could also face criminal charges if the police feel that she helped Craig with the abuse or failed to properly care for Maria.

What happens if Maria is removed from her home?

If Maria is taken from home without her mom’s consent, there will be a child protection hearing in fewer than five days after removal.  A hearing is when the information in a case is heard by a judge.  The judge decides what will happen next – if Maria will go back home or if she will stay in her temporary living place.  At this hearing, a judge will decide whether Maria will continue to stay where she is placed and what will happen next.  This is NOT the final decision about where Maria will live. There will probably be a very long process until the situation is completely resolved.  Maria’s wishes will always be considered.  The judge may decide that Maria needs a lawyer, who will be appointed by the Office of the Children’s Lawyer, which is part of Ontario's Ministry of the Attorney-General.  This lawyer will represent her in the child protection process, and will talk to Maria about options available to her.  If Maria doesn’t have a lawyer, and feels she needs one, she can talk to the CAS worker who is responsible for her case.

Blog scenario by PLE Team Member and Volunteer Tracy Chen.  Legal information by JFCY.

Teen Pregnancy - Part Two (non-medical decisions)

Kiran and her boyfriend Rick are fifteen years old and in grade ten.  They have been dating for several months and spend most of their time together.  They care about each other and trust each other very much.  A few months into their relationship, Kiran and Rick felt ready to begin having a sexually intimate relationship. 

Kiran has a lot of questions about sex and the emotions that she is feeling but she has only discussed her relationship with her peers at school.  She has not told her parents or her doctor about her sexual relationship.  She is afraid that if she tells her parents she will get in trouble.  She also believes that she cannot see a doctor without her parents’ permission and if she does see a doctor, she is afraid they will tell her parents what they have discussed.

Since Kiran has not spoken with a doctor, she is not using any methods of birth control, (such as the birth control pill) other than condoms.  Both Rick and Kiran are shy and embarrassed to buy condoms in the store, so they only use condoms when Rick asks his older brother. 

This month Kiran missed her period and thinks she might be pregnant.  She and her friend go to the pharmacy and purchase a pregnancy test.  When she takes the test she sees a positive result, indicating that she is pregnant.  Kiran is overwhelmed, scared and doesn’t know what to do next.  What are her options?  What are her rights?

There are two parts to Kiran’s decision-making about the pregnancy: medical decisions, and non-medical decisions (like adoption, involving Rick in the pregnancy, and supporting a baby).  Last week’s post covered Kiran’s medical rights and decisions – today’s post is about her non-medical decisions and providing care for a baby.  This post does not include information about receiving financial support, such as government benefits or child support, for a baby.

If Kiran decides to carry her fetus to term, there are a number of decisions to consider.  She will have to think about whether she wants to raise a baby or put the baby up for adoption, what kind of parenting the baby will have, and how the baby will be supported.  While Kiran is pregnant, Rick has no legal rights to be involved with her pregnancy.  After the baby is born, both parents have legal rights regarding the baby.

Adoption: Legal Issues

If Kiran and Rick both do not want to raise the baby, they have the option of putting the baby up for adoption.  In an adoption, another person or people will raise the baby, and take on the legal responsibilities relating to the baby.  In Ontario, both parents must give their consent in order for an adoption to occur – this means that Kiran and Rick must both agree that an adoption is the right decision for them and for the baby.  The baby must be at least one week old before they can make this decision, and since both parents are under 18, a government lawyer (called the Children’s Lawyer) must confirm that each one understands the decision he or she is making and genuinely wants to give consent.

After Rick and Kiran have given their consent for an adoption, they may still change their minds and withdraw consent for up to 21 days following the initial decision.  Sometimes this time can be extended, but only if the baby has not yet been placed for adoption.

When the baby is put up for adoption, the Children’s Aid Society or a licensed private agency will take responsibility for placing the baby and ensuring that its new home and parents will be able to care well for it.  Kiran and Rick will still have input into what kind of home they would like the baby to be placed in, but it is the family that will best meet the needs of the baby that will be chosen as the adoptive parent(s).  The only exception to this is if a relative, like Kiran’s parents, choose to adopt the baby. 

After an adoption, biological parents like Kiran and Rick are normally not involved in the baby’s life and they will not have access to the baby.  Sometimes, adoptive parents will agree to an “openness agreement.” This agreement would allow Kiran and/or Rick to communicate with the adoptive parents, or to share pictures or letters as the child grows up.  However, the details of this agreement would have to be negotiated, and the adoptive parents are the ones who have full legal rights to the child.  Kiran and Rick can also make decisions about whether and how their biological child can contact them in the future as an adult.

Click here for information about adoption in Ontario (government website)

Click here for information about access to adoption records in Ontario (government website)
Adoption law in Ontario is found in the Child and Family Services Act

Custody and Access: Legal Issues

If Kiran decides to raise the baby, she will have to work with Rick to make decisions about “custody” and “access.”  Having custody of a child means having the right to make important decisions about raising the child – things like school, religion, and health care.  One or both parents can have custody, but if a parent does not have custody, he or she may still have access to the child.  This means that both parents get to see the baby and have a relationship with it.  A parent who does not have custody also has the right to access custody-related information about the child, even if he or she doesn’t have the right to make those decisions.

Kiran will have to work with Rick, preferably with the help of a lawyer, to make decisions about custody and access.  There are many possibilities for arranging custody and access, but the most important thing to consider is the best interest of the baby.  For example, this could mean that the baby will live at Kiran’s house and spend the most time with Kiran if she is breast-feeding.  Rick would come to Kiran’s to visit the baby.  This arrangement could change as the baby grew older.  It is very rare that the court will refuse to allow one parent access to his or her child, although it is possible to put conditions on parental access.  As always, the most important thing is the child’s best interest.

When Kiran and Rick have agreed about access and custody, they will sign agreements that contain their decisions.  It is possible for Kiran and Rick to raise the baby without written custody and access agreements, but having these agreements will make sure that everyone knows who is responsible for what and who has what rights, so that arguments will be less likely.  When there is a written agreement, it can be enforced by a court.  In order to change custody and access decisions, the written agreement must also be changed.

If Rick and Kiran cannot agree about custody and access, they may work with a mediator.  A mediator is someone who helps work through disagreements in order to achieve a result that both parents are happy with.  If they are still unable to agree, they may go to court, where a judge will make an order about custody and access.  Both Rick and Kiran will have to follow the judge’s order.  If they want to change the order, they will have to go back to court.

Click here for a pamphlet on custody and access (external link – Your Legal Rights)
Law about custody and access in Ontario is found in the Children's Law Reform Act

Caring for a baby: When would CAS get involved?

Raising a baby can be scary for young parents, since they have a lot of new responsibilities.  While young people can be great parents and take good care of their new baby, sometimes there is concern about whether the baby is getting all the care and support that it needs.  In this situation, a Children’s Aid Society (CAS) or another child welfare organization will become involved with the family.  Since Kiran and Rick are teen parents, CAS may become involved with them and their baby right from the birth.  If Kiran or Rick was ever involved with CAS before, this is more likely to happen.

If CAS is concerned about Kiran and Rick’s baby, they will investigate.  There are certain rules that they must follow in this investigation in order to make a decision about what should happen next.  They may decide that they do not need to be involved with the family, or that the family needs extra support.  They may also decide that the baby is in need of protection, in which case they can remove the baby from Kiran or Rick’s care.  As in the case of custody and access, the most important consideration will be the best interests of the child.

If the baby is removed from its parents, there will be a child protection hearing in court soon after.  At this hearing, the court will make a decision about next steps.  The court will only keep the baby from Kiran and Rick if the court believes the baby is likely to suffer harm and can’t be protected through other means, like putting conditions on the parents'care.

If CAS becomes involved with Kiran and Rick, it is very important for them to have legal support.  Sometimes CAS involvement can lead to a parent's right of custody and access being terminated completely.  Kiran and Rick should each contact a lawyer to help them understand and protect heir parental rights throughout CAS’s involvement.

Click here for a pamphlet on child protection (external link – Your Legal Rights)
Child protection law in Ontario is found in the Child and Family Services Act

Having a baby is an important and life-changing decision, and there are lots of legal issues involved with raising a child as a young person or a person who is not living with the child’s other parent.  If you have specific questions or a personal situation, you should contact a lawyer for legal advice.  If you are a young person in Ontario and you need a lawyer to represent you, you can call Legal Aid Ontario: (416)598-0200, 1-800-668-8258 (outside GTA), or Justice for Children and Youth (416) 920-1633, 1-866-999-5329 (outside GTA)