CHYS- 2001 Flashcards
Views of Children & Youth
4 social events arising from political, economic and social transformations have profoundly influenced youth (and laws that deal with youth) today:
Compulsory education- how has this change the formation of childerns childhood
Youth justice movement
Children’s rights movement
Digital and global movements- infected the speed of when they should get information, hard to disconnect, useful information, coivid= social assimilation (cues)
Social Constructions about children
Little consensus about how children and childhood are defined. Laws that respond to young people are fluid and changing. \
What is meant by a child varies based on chronological age, level of maturity, physical maturation, economic dependence
While all societies acknowledge that children are different from adults, how they are different and what expectations are placed on them, change according to the society in which they live.
Constructions primarily comes from the views of adults
Why are social constructions important ?
Constructions of children and youth have a profound impact on how they are viewed and treated.
Impacts the creation of laws and legislation that govern youth
For example: the construction of youth as ‘deviant’ and ‘ out of control’ results in ‘tough on crime’ legislation
How might your own perceptions of young people influence your work with them?
As professionals we will have our own ‘mental models’ of childhood, which are the images, assumptions, and stories we carry in our minds. It is important that we ask how these internal images influence the way we work with young children and their families.
Who created the law/policies? /Who benefits from it
think piece
Are all children and youth impacted in the same manner?
think piece
Are the voices of young people included?
think piece
Social Constructionism
Differing experiences and definitions of childhood
Experiences differ depending on intersecting factors such as class, race, ability, sexuality etc
Connection between social constructionism and child rights?
Child Rights
December 13, 1991 - Canada made a moral and legal commitment to all children by ratifying the United Nations Convention on the Rights of a Child (CRC)
What is the CRC?
54 Articles covering all aspects of a child’s life
Civil, political, economic, social and cultural rights that all children everywhere are entitled to.
Explains how adults and governments must work together to make sure all children can enjoy all their rights.
What is the CRC?
State Parties must ensure that ALL children – without discrimination in any form – benefit from special protections, measures and assistance; have access to services such as education and health care; can develop their personalities, abilities and talents to the fullest potential; grow up in an environment of happiness, love and understanding and are informed about and participate in achieving their rights in an accessible and active manner (Unicef)
What does signing the CRC mean
No biding legal obligation, but does demonstrate the State’s intent to consider ratifying it.
Obligation to refrain from acts that would undermine the CRC’s objective and purpose.
what does ratify the CRC mean
(ratified = also signed )
Legally bound by international law
Commitment to integrate principles into policies and laws.
Commitment to reporting
Ratification of the CRC
Near-universal ratification reflects a global commitment to the principles of human rights.
By ratifying , governments state their intention to put this commitment into practice. Obligation to amend and create laws and policies to fully implement the CRC.
what are the three 3p’s of the CRC
Provision –basic economic & social needs
Protection –from harmful or exploitative practices
Participation - Express views in matters affecting the child, and to have views heard in administrative and judicial proceedings
what are 4 Guiding Principles of the crc
Non-Discrimination (Article 2): Protection from all forms of discrimination or punishment.
CRC refers to “every child” or “the child” without qualification or restriction.
Best Interests of the Child (Article 3): In all actions concerning children the best interests of the child must be a primary consideration. (a take it in to consideration but doesn;t mean it will have have an impact on the overall outcome)
Adults must consider how their decisions impact on children
Right to Life, Survival and Development (Article 6)
**Participation (Article 12): The right to express views in all matters affecting the child.
Views of the child must be given due weight in accordance with age and maturity
the compliance & enforcement of the crc
Not “hard law” – cannot enforce CRC rights in a court of law.
“Soft law” – law enforced indirectly over time through a reporting system and on the basis of public opinion and national and international pressure
Compliance & Enforcement
State Parties send a report to the UN Committee on the Rights of the Child every 5 years documenting compliance and implementation of the CRC.
The Committee sends back a report to State Parties called Concluding Observations in which progress, shortcomings and recommendations are noted.
what are some critiques of the CRC
Too open to interpretation
Biased towards western conceptualizations of childhood
Notions of choice, freedom and autonomy
Notion of “best possible childhood” may go against traditional or cultural values.
Protection versus participation
Lack of resources
Ratifying is merely symbolic. Countries just want to “look good.”
There is no system of enforcement – therefore, it does very little to improve the lives of children.
Challenges evaluating children’s rights due to poverty, conflict, and institutional limitations.
what is article 42
Make the principles and provisions of the Convention widely known, by appropriate and active means, to adults and children alike.
what are some Lack of Knowledge and Denial of Citizenship reasons
Ignored or downgraded as citizens – notion of ‘future’ citizen(more of an entitlement for adults)
Lack of capability and competence to exercise rights and responsibilities
Economic dependence
Lack of cognitive ability
What is the importance of children knowing about the crc
Serves as a new global standard on the treatment of children
Elevates the status of children worldwide to persons and citizens.
Provides a blueprint for the betterment of children “by recognizing them not as vulnerable little not-yets in need, but as bearers of rights” (Howe & Covell, 2005)
Symbolic – Message that children are rights bearers, and deserve priority in public policy and law
Advocacy – Organizations provided a tool and standard to monitor governments and pressure for improvement
Legally – Government officials must account for their lack of effort. Not the case in the past.
what is article 2
Protection from all forms of discrimination or punishment.
CRC refers to “every child” or “the child” without qualification or restriction.
what is article 3
Best Interests of the Child (Article 3): In all actions concerning children the best interests of the child must be a primary consideration. (a take it in to consideration but doesn;t mean it will have have an impact on the overall outcome)
what is article 6
Right to Life, Survival and Development
what is article 12
the right to express views in all matters affecting the child.
Views of the child must be given due weight in accordance with age and maturity
Duty bearers have an obligation to create the time, space and opportunity for children to be heard, and to take the necessary action in response to their views.
Implementation is not optional, preferable, or to be encouraged. It is mandated (Landsown, 2014).
Explain Participation
No concrete definition. However, it involves….
Partaking in and influencing process, decisions, and activities.
Engagement with others around important issues.
Actively taking part in decisions and having views & opinions valued and heard:
at home
at school
in community
how do young people participate
social media
leading walkouts
the city of Oshawa youth council
When participation rights are implemented effectively, they aid in:
Critical thinking
Decision making
Problem solving
Confidence
Skill development
Teamwork
Civic engagement
what are the benefits if participation
Informs legislation, policies and services that lead to the best possible outcomes
New, unique perspectives, that can encourage innovation and lead to more effective service delivery
Better protection
Challenges to Participation?
Obstacles to quality participation including:
Lack of clarity over the definition
Tokenism
Lack of feedback*** (the will be aware of the research findings)
Challenges
Who is included or excluded?
Negative conceptualizations of childhood
Misunderstandings about competency
Power imbalances – Adult power (court)
Implementation
Lack of knowledge of Article 12
Too much work
what dose meaningful participation mean?
Meaningful Participation
Voices heard and taken seriously
BUT – it is more than just voice!!!!!-include them
Inclusion of voice and agency in shaping decision-making, policy and practice.
What are the
Requirements for Meaningful Child Participation
Transparent – Children provided with full, accessible, and age-appropriate information about participation rights, and how participation will take place
Voluntary – Never coerced, can stop involvement at any time.
Respectful – Provided with opportunities to initiate ideas and opportunities. Children feel like their views are valid
Relevant – Issues that matter
Child or youth-friendly – approaches adapted to working with children.
Inclusive – opportunities for all children to be involved
Supported by training for adults - for example, with skills in listening, working jointly with children and engaging them in accordance with their evolving capacities
Safe and Sensitive to Risk – minimize any harm. Children need to know where to go for help if needed
Accountable – commitment to follow up and evaluation. Inform children on how their participation impacted outcomes
what is the Lundy Model of Participation
Developed by Laura Lundy, Professor of international children’s rights at the School of Education at the Queen’s University of Belfast.
A way to conceptualize Article 12
Highlights four components that are necessary to ensure that Article 12 of the UNCRC is achieved.
Space= provide a safe and inclusive space for children to express their views
voice= provide appropriate information & facilitate the expression of children’s views
audience= ensure that children’s views communicated to someone with the responsibility to listen
influence= ensure that children’s views are taken seriously and acted upon, where appropriate
Child Welfare
Child welfare - a term used to describe a set of government and private services designed to protect children and encourage family stability (Canadian Child Welfare Research Portal, 2023)
Consideration of systemic and intersecting issues that impact children, youth, and families.
Primary purpose of CHFS (Child, Youth and Family Services Act )
primary purpose
Overall, the most important purpose is to:
Promote the best interests, protection, and well-being of children.
Secondary purpose of CHFS (Child, Youth and Family Services Act )
Preservation of the family:
Support autonomy and integrity
Choosing the ‘least disruptive course of action:’
Consider the child’s existing environment
-keep in the family, or extended family
Highlights of the CYFSA
Raises the age of protection from 16 to 18
Increases protection services for youth in unsafe conditions, to support their education, and reduce homelessness and human trafficking.
Inclusive and culturally appropriate services, to ensure every child receives the best possible support
Greater focus on early intervention to help prevent crisis situations.
Improving accountability and oversight for service providers, so that children and youth receive safe, consistent, and high-quality services across the province.
CYFSA
Makes several commitments:
Focus on rights (Preamble – next slide)
Focus on child-centred practice
Strengthens the voice of children and youth
Attempts to addresses systemic racism
CYFSA Preamble
Government of Ontario acknowledges that…..
children are individuals with rights to be respected and voices to be heard
the aim of the CYFSA is to be consistent with and build upon the principles expressed in the UNCRC
Concluding Observations of CYHSA
Views of the child:
Ensure the views of the child are a requirement for all official decision-making processes that relate to children
Identity:
Preservation of identity for all children… ensure that Indigenous children in the child welfare system are able to preserve their identity
Abuse & Neglect:
Seriously concerned that the child welfare system continues to fail to protect Indigenous children and adolescents from violence. No national comprehensive strategy to prevent violence against all children.
Equitable Standards Reading
(Doucet & Mann-Feder, 2021)
Eight pillars – areas where youth in care require support to successfully transition to adulthood
Minimum standards
Accountability for government and service providers
Created in part by youth with lived experience in the system —foster homes and group homes.
Not listed in a particular order
Equitable Standards Reading
Financial: Financial resources to meet needs. Financial starting point above the poverty line, and allows youth to pursue their career interests and dreams.
Educational & Professional Development: Environment to meaningfully learn and grow at an individual pace.
Housing: A place to call home, without strict rules and conditions
Relationships: People to count on. Feeling heard and a sense of belonging
Culture & Spirituality: Meaningful connection to culture and spirituality
Health & Wellbeing: Timely ongoing services and benefits. Supports are trauma-informed, non-judgemental, based in harm reduction, no significant wait times.
Advocacy & Rights: Rights respected, voices heard
Emerging Adulthood Development: Environments that cultivate personal growth and development as youth transition into adulthood.
what are some Formal Child Advocacy In Canada
Led by Officers of respective Legislatures
Governing, guiding legislation with a mixture of mandates
Some powers of investigation
Children’s Rights based with emphasis on child participation
Children under 18 years of age
Provincial Advocate For Children And Youth Act 2007
Advocacy is “partnering with children and youth to bring their issues forward”
Mandated to “provide advocacy services to children and youth seeking or receiving services under the Child Youth and Family Services Act”
Advocacy is “partnering with children and youth to bring their issues forward”
What is Katelynn’s principle’s
that children must be at the centre when they are receiving services through the child welfare justice & or education system
what is child abuse
physical
emotional
sexual
neglect
explain the THE CHILD, YOUTH & FAMILY SERVICES ACT
Outlines how CAS delivers its mandate.
* Provides the definitions of abuse and neglect.
* Promotes best interests, protection and well being
of children.
* Defines and provides the regulationsregarding everyone’s
Duty to Report.
* Amendments to the CYFSA to strengthen Ontario’s
response to child sex trafficking.
THE FUNCTIONS OF A CHILDREN’S AID SOCIETY IS TO:
Investigate allegations or evidence that children may
be in need of protection.
* Protect children
* Provide guidance, counseling and other services to families for
protecting children or for the prevention of circumstances requiring
the protection of children.
* Provide care for children assigned or committed to its care under this
Act.
* Supervise children assigned to its supervision under
this Act.
* Place children for adoption under Part VIII.
* Perform any other duties given to it by this or any other Act.
SIGNS OF SAFETY ASSESSMENT & PLANNING FRAMEWORK
what are we worried about= harm, danger statements, complicating factors
what’s working well= existing strengths, existing safety
what needs to happen= safety goals, next steps
HOW do they WORK WITH FAMILIES?
Voluntary Service – Service Contract, service letter
* Supervision Order – with parent or kin
* Interim Society Care
* Extended Society Care (child will be legally available for
adoption)
* VYSA – Voluntary Youth Service Agreement
explain the DUTY TO REPORT
Anyone who has reasonable grounds to
suspect a child is in need of help is
required to report the concern.
WHY CALL DURHAM CAS?
Legal Obligation – CYFSA Section 125
* Despite the provisions of any other Act, if a person, including a
person who performs professional or official duties with
respect to children, has reasonable grounds to suspect any one
of the risks outlined in Section 74(2), the person shall
immediately report the suspicion and information on which it
is based to a Society.
* Must be a direct report (person with direct knowledge).
* Ongoing duty to report (new or additional information).
Penalty for failing to report.
* Conviction is liable to a fine.
MAKING A REFERRAL
Anyone can call with a concern about a child at risk.
* Call 24 hours a day, 7 days a week.
* Calls received outside of business hours are referred
to our after hours service.
* When you call you will speak to a member of our
Immediate Response Team.
* Explain your concern, including if you know if the family has
existing supports who can help.
* Provide as much information as possible
DETERMING THE BEST RESPONSE
The Ontario Child Welfare Eligibility Spectrum matrix
applied along with all known information to determine
most appropriate response.
* No direct contact/information only.
* Community link service.
* Non protection opening for prenatal service provision
* Child protection investigation.
* Determination of response time dependent on level of
urgency of child safety – 12 hours or 7 days for families, 12
or 48 hours for institutions.
