CANADA

Nearly half of all Ontario youth being held in open custody came from the province's child welfare system, says a report by the Office of the Child and Family Service Advocacy.

Troubled kids ‘criminalized’: Report

Judy Finlay, Ontario's child advocate, says kids taken into care from troubled, abusive or neglectful homes are not properly managed by the child welfare system. Instead, she says, they end up being criminalized by minor charges that lead to detention in open custody units. "The system is penalizing kids for their background and moving them into the youth justice system where it will be very difficult for them to be successful for the rest of their lives," Finlay said in an interview. "I think we have to acknowledge that these kids have complex needs, have to acknowledge that they need special care and special programming, so they can be successful."

The findings came from a January review of open custody care in Ontario, in which 209 boys and 39 girls were interviewed by Finlay and her researchers. While most gave favourable reviews of open custody settings (where young people convicted of minor crimes are sent for detention), researchers found that 48 per cent came from the child welfare system, and many were charged after staff in the group homes called in police to deal with their behaviour.

In one case, police were called to a group home 400 times over one year, the report said.

It gave examples of youth who were charged with failing to comply with a bail or probation order, by not following the "routine or discipline of a residence" by refusing to end a telephone call or by refusing to read when directed to do so by staff. In one instance, a youth was charged with assault for throwing a tea towel, the report said.

"Kids are telling us that their first charge is in group care," said Finlay. "So they have been taken out of their family, they are in child welfare care, they are acting out behaviourally and we are charging them and moving them to the youth justice system. There's something wrong with this system."

Part of the problem, Finlay said, stems from inadequate standards in group home care, an issue that is being addressed by changes to the Family and Child Services Act, which governs child protection in Ontario.

Children and Youth Services Minister Mary Anne Chambers said the legislative changes will increase accountability and enforcement through licensing of homes and provide a better complaint process. "It is very unfortunate that there are group homes out there that are making these kinds of decisions, heavy-handed decisions in some cases, because if those kids are in a home with families and seen as part of the family, I don't think they would be calling the police," she said.

The legislative changes will put more emphasis on permanent care and more stable homes for children in need of protection, Chambers said.

Finlay said the changes could "go a long way" if the government puts enough resources into place so homes have the training and expertise needed.

Moira Welsh
8 March 2007

http://www.thestar.com/News/article/189569

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