Annual Report 2014-15

Second Report

The Legislative Assembly of British Columbia

Annual Report 2014-15

Select Standing Committee on
Children and Youth

Second Report

4th Session, 40th Parliament

July 20, 2015

Table of Contents

Composition of the Committee

Terms of Reference

Work of the Committee

Representative for Children and Youth, 2013/14 Annual Report and 2014/15 to 2015/16 Service Plan

Reports Reviewed

Representative for Children and Youth Investigative Report, Lost in the Shadows: How a Lack of Help Meant a Loss of Hope for One First Nations Girl

Representative for Children and Youth Special Report: On Their Own: Examining the Needs of B.C. Youth as They Leave Government Care

Representative for Children and Youth Report: Not Fully Invested: A Follow-up Report on the Representative’s Past Recommendations to Help Vulnerable Children in B.C.

Representative for Children and Youth Report: Who Cares? B.C. Children with Complex Medical, Psychological and Developmental Needs and their Families Deserve Better

Ministry Updates

Ministry of Children and Family Development: MCFD Operational and Strategic Directional Plan

Ministry of Children and Family Development: Status Update on Implementation of Recommendations from the Representative for Children and Youth

Ministry of Children and Family Development: Status Update on Implementation of Recommendations from the Representative for Children and Youth

Ministry of Children and Family Development: Quality Assurance Program

Statutory Review of Section 6(1)(b) of the Representative for Children and Youth Act

Special Project on Youth Mental Health

 

July 20, 2015

To the Honourable
Legislative Assembly of the
Province of British Columbia

Honourable Members:

I have the honour to present herewith the Annual Report 2014-15 of the Select Standing Committee on Children and Youth.

The Report covers the work of this Committee from February 26, 2014 to March 25, 2015.

Respectfully submitted,

Jane Thornthwaite, MLA
Chair

MEMBERS

Committee Staff
Kate Ryan-Lloyd, Deputy Clerk and Clerk of Committees
Byron Plant, Committee Research Analyst
Aaron Ellingsen, Committee Researcher

On February 25, 2014, October 9, 2014, and February 11, 2015, the Legislative Assembly agreed that the Select Standing Committee on Children and Youth (the “Committee”) be appointed to foster greater awareness and understanding among legislators and the public of the BC child welfare system, and in particular to:

1. Receive and review the annual service plan from the Representative for Children and Youth (the “Representative”) that includes a statement of goals and identifies specific objectives and performance measures that will be required to exercise the powers and perform the functions and duties of the Representative during the fiscal year;
2. Be the committee to which the Representative reports, at least annually;
3. Refer to the Representative for investigation the critical injury or death of a child;
4. Receive and consider all reports and plans transmitted by the Representative to the Speaker of the Legislative Assembly of British Columbia; and
5. Pursuant to section 30(2) of the Representative for Children and Youth Act [SBC 2006 c. 29], complete an assessment by April 1, 2015 of the effectiveness of section 6(1)(b) in ensuring that the needs of children are met.

In addition to the powers previously conferred upon Select Standing Committees of the House, the Select Standing Committee on Children and Youth be empowered to:

1. appoint of their number one or more subcommittees and to refer to such subcommittees any of the matters referred to the Committee;
2. sit during a period in which the House is adjourned, during the recess after prorogation until the next following Session and during any sitting of the House;
3. conduct consultations by any means the committee considers appropriate;
4. adjourn from place to place as may be convenient; and
5. retain personnel as required to assist the Committee;

and shall report to the House as soon as possible, or following any adjournment, or at the next following Session, as the case may be; to deposit the original of its reports with the Clerk of the Legislative Assembly during a period of adjournment and upon resumption of the sittings of the House, the Chair shall present all reports to the Legislative Assembly.

The all-party Select Standing Committee on Children and Youth (the Committee) works to foster greater awareness and understanding among legislators and the public of the BC child and youth-serving system. The Committee also provides a public forum for discussion of reports by the Representative for Children and Youth (the Representative). An independent Officer of the Legislature, the Representative has a three-part mandate that includes: reviewing, investigating and reporting on the critical injuries and deaths of children in care or children receiving reviewable services from public bodies; advocating on behalf of children and their families respecting designated services; and monitoring, reviewing, and auditing the provision of designated services.

This report covers the activities of the Committee from February 26, 2014, to March 25, 2015, which included the Second, Third, and part of the Fourth Session of the 40th Parliament. During that time, the Committee reviewed the Representative’s 2013/14 Annual Report and 2014/15–2015/16 Service Plan, and four other reports. Two meetings were held to receive updates from the Ministry of Children and Family Development (MCFD).

In addition, the Committee initiated a special project examining youth mental health in BC and completed a statutory review of section 6(1)(b) of the Representative for Children and Youth Act. The special project and the statutory review are each covered in detailed separate reports released by the Committee, and are briefly summarized below.

Schedule of Meetings

Committee minutes, transcripts, and reports are available on the Legislative Assembly website at: www.leg.bc.ca/cmt/

Copies of the Representative’s reports are available at: www.rcybc.ca

The Representative for Children and Youth (the Representative), Mary Ellen Turpel-Lafond, appeared before the Committee on February 24, 2015 to discuss the 2013/14 Annual Report and 2014/15–2015/16 Service Plan. Accompanying the Representative were Dawn Thomas-Wightman, Acting Deputy Representative; John Greschner, Executive Lead, External Relations and Strategic Direction; and Bill Naughton, Chief Investigator and Associate Deputy Representative, CID and Monitoring.

Representative’s Presentation

The Representative started by noting that Dawn Thomas-Wightman has been appointed Acting Deputy Representative. The Committee heard that she is taking over the position from John Greschner, who moved into a new role as Executive Lead, External Relations and Strategic Direction.

Turning to the 2013/14 Annual Report and 2014/15–2015/16 Service Plan, the Representative provided a brief summary of office operations, noting that the service plan and budget for the next fiscal year was approved by the Select Standing Committee on Finance and Government Services in December 2014. She stated that the service plan contains strong performance measures for the Office of the Representative for Children and Youth (the Office), including key performance indicators for relevance, responsiveness, accountability, and excellence. The Committee also heard how the Office has a complement of fifty staff in three locations, and that they are skilled in dealing with extremely difficult material and complex situations.

Next, the Representative provided an overview of her critical injuries and deaths function. She stated that the Office fulfills an important investigative role, and performs quality and well-organized work. The Committee heard that careful decisions are made on how investigations are chosen, and that she continues to urge the Coroners Service and other bodies to assist and support this work.

On her advocacy function, the Representative stated that the Office is continuing to work on the transition of young adults with special needs. The Committee was told that the Office has had an effective working relationship with Community Living British Columbia regarding the new classifications of youth that will be eligible for services. The Representative also reported that she was unsuccessful in seeking from the Ministry of Justice an additional designation to broaden the Office’s authority such that the Representative could undertake a specific examination of minors’ access to liquor following changes to liquor regulation. The remainder of the presentation focused on other Office functions, reports, and projects underway.

Committee Inquiry

The Representative was asked about the implications of the new liquor regulations, and whether other options exist for reporting on the impact of the changes on children. The Representative stated that she has deep concerns over how the deregulation may increase youth access to liquor. She stated that almost all reported infractions around liquor involve minors, and that liquor deregulation is not going to address adolescent access and problematic drinking.

The Committee completed reviews of four reports by the Representative, including one investigative report and one special report. The Committee also received several updates on Office activities.

Representative for Children and Youth Investigative Report, Lost in the Shadows: How a Lack of Help Meant a Loss of Hope for One First Nations Girl

Released on February 6, 2014, Lost in the Shadows: How a Lack of Help Meant a Loss of Hope for One First Nations Girl is the Representative’s report of an investigation into the suicide of a 14-year-old First Nations girl on a rural BC First Nations reserve.

The Representative appeared before the Committee on March 26, 2014 to discuss the report. She was accompanied by John Greschner, Deputy Representative; and Bill Naughton, Chief Investigator and Associate Deputy Representative. The Chief from the affected First Nation community was also in attendance to observe the proceedings.

Representative’s Presentation

The presentation focused on results of the investigation and key events in the girl’s life. The Representative described how the girl’s mother had a serious mental illness and had unsuccessfully requested to give up the child for adoption. Mostly raised by her grandparents, the girl demonstrated cognitive and mental health issues from an early age, and was never properly diagnosed or provided with a model of care for development.

The investigation examined traumatic events prior to the suicide, including incidents of sexual and physical abuse, school suspensions, and self-harm. It found that the girl had unsuccessfully appealed at various times to police, school staff, and others for assistance, and that instances of risk were not reported to the Ministry of Children and Family Development (MCFD, or the Ministry) by medical professionals. The report identified systemic shortfalls in the child protection system, including failure by the Ministry, medical providers, and numerous other service providers to adequately protect the girl from physical and emotional harm.

The report makes six recommendations, beginning with the lead recommendation that the governments of BC and Canada work with First Nations leaders to remove barriers to services to ensure the safety and well-being of children and families in First Nations communities. Other recommendations target Aboriginal mental health and special needs services; cross-ministry service coordination and collaboration; statutorily-required reporting; and Ministry staffing, workload, and safety challenges. The Representative stated that the Ministry has accepted all of the report recommendations.

Members’ Questions

Committee members asked about MCFD timelines for implementing recommendations, regional Office staffing levels, and the need for better local support services. Other questions concerned specifics of the case, the role of First Nations health providers, and collaboration with First Nation communities.

Representative for Children and Youth Special Report: On Their Own: Examining the Needs of B.C. Youth as They Leave Government Care

Released on April 28, 2014, On Their Own: Examining the Needs of B.C. Youth as They Leave Government Care is a special report examining BC youth as they “age out” of the provincial care system at the age of 19. 

The Representative appeared before the Committee on May 7, 2014 to discuss the report. She was accompanied by John Greschner, Deputy Representative; and Grant Charles, Special Advisor to the Representative.

Representative’s Presentation

The Special Advisor began the presentation by stating that there is not a lot of information on youth transitioning out of government care, and that the report was based on interviews with young people, foster parents, and social workers, and consideration of practices in other Canadian jurisdictions.

The Committee heard about the unique challenges facing youth transitioning out of care. The Special Advisor described how transitioning youth tend to lack home and parental supports, have trouble choosing career paths, and require support once they get into college or university. A comprehensive set of supports, he stated, are needed and these are not necessarily expensive. The Committee was told that youth who successfully transition into adulthood lead productive lives as citizens and taxpayers.

Next, the Representative summarized the report’s three main recommendations, starting with the recommendation that MCFD immediately take steps to establish a youth secretariat to ensure successful transitions to adulthood for youth leaving care and out-of-home placements. She explained that the youth secretariat should carry out a number of functions, such as leading cross-ministry collaboration and conducting regular evaluations of programs.

The second recommendation calls on the Ministry of Education to begin a targeted initiative in all BC school districts to ensure that every youth in care or in an out-of-care placement has a clear education plan and skills training pathway to guide them as they progress in school and transition out of government care and high school. The third recommendation is for MCFD to build a durable policy foundation for youth programs and services to ensure that vulnerable youth, such as those in care and out-of-home placements, are provided guaranteed access to training, skills and other programs, as well as adequate social supports. The Representative explained her view that there needs to be expanded foster care on a case-by-case basis beyond the age of 19, and that other jurisdictions such as Saskatchewan and Ontario permit foster care up to the age of 21.

Members’ Questions

Committee members asked about retention rates in universities, Aboriginal and rural training programs, the proposal to create a youth secretariat, teacher training, and foster care beyond the age of 19.

Representative for Children and Youth Report: Not Fully Invested: A Follow-up Report on the Representative’s Past Recommendations to Help Vulnerable Children in B.C.

Released on October 9, 2014, Not Fully Invested: A Follow-up Report on the Representative’s Past Recommendations to Help Vulnerable Children in B.C. is the Representative’s report on the implementation status of recommendations contained in 22 reports released by the Office from 2008 to 2013. The report summarizes a six-year period of the Office’s reporting, and assesses the government’s responses to that work.

The Representative appeared before the Committee on February 24, 2015 to discuss the report. She was joined by Dawn Thomas-Wightman, Acting Deputy Representative; John Greschner, Executive Lead, External Relations and Strategic Direction; and Bill Naughton, Associate Deputy Representative, CID and Monitoring, Chief Investigator.

Representative’s Presentation

The Committee heard how Not Fully Invested is a considerable report, as it summarizes a six-year period of the Office of the Representative’s work and includes an assessment of the government’s responses to recommendations. The Representative stated that the Office has made a total of 148 recommendations stemming from detailed investigations and from the Representative’s monitoring, auditing, and research function.

She reported that 72 percent of the recommendations have been substantially or fully implemented, and that public bodies, including MCFD, have been willing to make changes to policy and procedure. However, some of the most significant recommendations, she stated, have not been implemented, including recommendations to government as a whole, which require the greatest effort to have a significant impact. The Committee also heard that there are challenges around implementing recommendations that involve multiple ministries.  Some of the areas identified by the Representative as having the most significant and ongoing challenges include child poverty, mental health, Aboriginal children and youth, and domestic violence.

Members’ Questions

Questions were asked about Aboriginal delegated agencies, Aboriginal adoption, MCFD staffing and leadership, and measuring the implementation of recommendations.

Representative for Children and Youth Report: Who Cares? B.C. Children with Complex Medical, Psychological and Developmental Needs and their Families Deserve Better

Released on December 10, 2014, Who Cares? B.C. Children with Complex Medical, Psychological and Developmental Needs and their Families Deserve Better is the Representative’s report of an aggregate review of 31 critical injuries and deaths of children in BC’s residential care system.

On March 25, 2015, the Committee met with the Representative to discuss the report. She was accompanied by Dawn Thomas-Wightman, Acting Deputy Representative; John Greschner, Executive Lead, External Relations and Strategic Direction; and Bill Naughton, Associate Deputy Representative, CID and Monitoring, Chief Investigator.

Representative’s Presentation

The Representative described the report as building on the previous 2013 report Who Protected Him? How B.C.'s Child Welfare System Failed One of Its Most Vulnerable Children, which examined the case of a child with complex needs who was tasered by police. Who Cares? examines a cohort of children who were injured or harmed while in the same category of residential services, and is based on over 100 interviews with youth and workers in the system.

The Representative stated that the review found BC’s residential care system lacks the capacity to provide adequate, appropriate, and supportive care to children with complex needs. She stated that these children are placed in group homes run by underqualified and poorly trained staff, and often experience sexual and physical assaults and self-harm. The care pathways for individuals with complex needs, she explained, are chaotic and often lead to harm.

The report makes three recommendations, the first of which is for MCFD to develop a proper complex care system that includes effective and responsive treatment and care. The report also recommends the creation of an oversight and accountability body to ensure quality assurance. The third recommendation is for the Provincial Director of Child Welfare to conduct regular audits of contractors that provide residential care services.

Members’ Questions

Committee members asked about the long-term costs of inaction, the need for external oversight, liability issues, respite care, and reporting of critical incidents.

On November 27, 2013, the Committee agreed to hold more frequent meetings with the Ministry of Children and Family Development to receive updates on the implementation of recommendations made by the Representative for Children and Youth. Two meetings were held with MCFD during the period covered by this report.

Ministry of Children and Family Development: MCFD Operational and Strategic Directional Plan

On February 26, 2014, the Committee met with MCFD officials to receive an update and to discuss the Ministry of Children and Family Development Operational and Strategic Directional Plan, Volume 2.   Mark Sieben, Deputy Minister, and Martin Wright, Executive Director and Chief Information Officer, appeared on behalf of the Ministry.

Ministry Presentation

The presentation focused on the Ministry’s efforts to increase public reporting on performance indicators. The Executive Director and Chief Information Officer stated that reporting is taking place twice a year in the Operational and Strategic Directional Plan, and is aimed at promoting public accountability, driving continuous quality improvement, and improving public understanding of the work of MCFD. He added that a comprehensive approach is being undertaken to performance management across the Ministry’s six service lines.

Next, the Executive Director and Chief Information Officer highlighted select performance indicators, including placement stability of children and youth in their first year of care, use of the “family development response” service as a response to a protection report, adoptions of children in care, and rates of recidivism in the area of youth justice. He concluded the presentation by stating that the Ministry is working on additional performance indicators for children and youth in care for the next report.

Members’ Questions

Questions were asked about placements of children in care, adoption wait times, and recidivism rates. Committee members also asked about MCFD performance indicators, youth justice, and Integrated Case Management.

Ministry of Children and Family Development: Status Update on Implementation of Recommendations from the Representative for Children and Youth

On February 26, 2014, the Committee met with MCFD officials to receive an update on the status of recommendations made by the Representative for Children and Youth. Mark Sieben, Deputy Minister, and Cory Heavener, Provincial Director of Child Welfare appeared on behalf of the Ministry.

Ministry Presentation

The presentation began with an overview of how the Ministry responds to recommendations from the Representative. The Provincial Director of Child Welfare described how an Interface Team interacts with and coordinates information sharing between the Ministry and the Representative’s Office. The Interface Team also facilitates the development of action plans in response to recommendations. Committee members heard that all of the Representative’s reports are reviewed by the MCFD executive team, including individual recommendations, and it makes decisions around who will lead the implementation.

The status of recommendations from the Representative was discussed next. The Provincial Director of Child Welfare explained that 107 of the 131 recommendations contained in the 24 reports by the Representative have been directed to MCFD. Of these, she stated, 25 are fully completed, 37.5 are substantially completed, and 15.5 are partially completed. In addition, actions are underway for the remaining 29 recommendations.

Next, the Committee heard how the Ministry works with the Representative’s Office to implement report recommendations, and issues close-out reports once actions have been successfully undertaken. She reported that MCFD has submitted close-out reports covering ten Representative reports containing 53 recommendations. These are awaiting response from the Representative.

The Provincial Director of Child Welfare concluded the presentation by stating that the Ministry has a strong relationship with the Representative’s Office, and that they will be working to clarify their process to ensure that the Representative is provided with the information necessary in responses to the recommendations.

Members’ Questions

Committee members asked questions about the status of recommendations awaiting response, how actions for recommendations are decided, the work of MCFD Interface Teams, and relations with the Representative’s Office. Questions were also asked about the cost implications of implementing recommendations, who has responsibility for recommendations directed at other ministries, and the process for close-out reports.

Ministry of Children and Family Development: Status Update on Implementation of Recommendations from the Representative for Children and Youth

On March 4, 2015, the Committee met with MCFD officials to receive an update on the status of recommendations from the Representative for Children and Youth. Mark Sieben, Deputy Minister; Chris Welch, Manager, Interface and Provincial Partnerships, Office of the Provincial Director and Child Welfare; and Janice Chow, Director of Quality Assurance appeared on behalf of the Ministry.

Ministry Presentation

The presentation began with a summary of recent changes to how MCFD responds to recommendations from the Representative. The Manager of Interface and Provincial Partnerships stated that the Ministry revised its process in October 2014 to reflect the incorporation of accepted recommendations into MCFD’s strategic and corporate planning and reporting process. Accepted recommendations, he explained, are planned and reported on in the same manner as all other ministry priorities. The Committee heard that this has helped to smooth the transition between recommendations being accepted and an executive lead being assigned to implement recommendations and report on progress.

Turning to the status of recommendations, the Manager of Interface and Provincial Partnerships stated that the Representative has released 27 reports containing 120 recommendations and 545 additional details. Of these, he reported, 75 recommendations have been completed, 33 are underway, and 12 are outstanding. A total of 80 percent of recommendations, he summarized, have been implemented or are underway.

The Committee was also informed of changes to how the number of recommendations is calculated. The Manager of Interface and Provincial Partnerships explained that the Representative’s report Not Fully Invested: A Follow-up Report on the Representative’s Past Recommendations to Help Vulnerable Children in B.C. counted details from past reports as stand-alone recommendations, a departure from how recommendations were previously calculated. This change, he stated, has resulted in differences in reporting by the Representative and MCFD.

Members’ Questions

Committee members asked about differences in reporting between the Representative and MCFD, implementation of cross-ministry recommendations, tracking outcomes, and timelines for completion. Questions were also asked about the fiscal and staffing repercussions of recommendations, increases to MCFD staffing levels, and local and rural decision making.

Ministry of Children and Family Development: Quality Assurance Program

On March 4, 2015, the Committee met with MCFD officials to receive an update on the Ministry’s Quality Assurance Program. Appearing on behalf of the Ministry was Mark Sieben, Deputy Minister; Alex Scheiber, Deputy Director of Child Welfare, Office of the Provincial Director and Child Welfare; and Janice Chow, Director of Quality Assurance.

Ministry Presentation

The Deputy Director of Child Welfare began the presentation by providing an overview of the Ministry’s Quality Assurance Branch. He stated that it oversees, supports, and reports out publicly on the quality of its services and compliance with standards. The Committee heard that there are five quality assurance programs. They cover reviews of reportable circumstances, case reviews, practice audits, complaints process, and accreditation.

Next, the Director of Quality Assurance spoke about initiatives in the Ministry’s three-year strategic plan. They include: completion of an aggregate analysis on findings from quality assurance activities, with reporting; development of a quality assurance/quality improvement working group to inform practice; and collation and support for the implementation of action plans and recommendations. The Committee also learned about other steps being undertaken by MCFD to monitor and improve quality assurance.

The Deputy Minister concluded the presentation with an explanation of Ministry reporting. He stated that the Ministry reported on its performance in four publicly released performance management reports. The Committee learned that Ministry reporting has evolved to include performance across all six MCFD service lines.

Members’ Questions

Committee members asked about measuring individual outcomes, the quality assurance improvement working group, and data gathering and measurement.

Section 30(2) of the Representative for Children and Youth Act (SBC, 2006, c. 29) requires the Committee to complete, by April 1, 2015, an assessment of the effectiveness of section 6(1)(b) in ensuring that the needs of children are met. Section 6(1)(b) provides for the Representative’s monitor, review, audit and research function.

On February 6, 2015, the Committee received a joint letter signed by the Representative for Children and Youth and the Deputy Minister of MCFD, which described their shared view that the Representative’s functions under section 6(1)(b) remain a required and important aspect of oversight and public accountability of the performance and outcomes of the Ministry.

The Committee subsequently met with the Representative (February 24, 2015) and the Ministry (March 4, 2015) to consider the letter and to receive an update on efforts underway to enhance performance measurement and reporting by the Ministry. Following these meetings, the Committee met in-camera to deliberate on the statutory review.

After due deliberation, the Committee released a report on March 26, 2015 recommending, in accordance with the shared view of the Representative and MCFD, that section 6(1)(b) not be amended at this time. The Committee further noted that there will be an opportunity to review this section during the next statutory review of the Act, which is required to be undertaken by the Committee before April 1, 2017, pursuant to section 30(1) of the Act.

In the 2014-15 reporting period, the Committee continued its special project examining youth mental health. As part of the first phase of its special project, the Committee held public meetings in Victoria (June 4, 2014) and in Vancouver (June 11, 2014) to hear presentations from 16 expert witnesses and stakeholders. A private meeting was held in Vancouver (June 10, 2014) with youth and family witnesses.

In addition, the Committee invited written submissions over an approximately four-month period, ending September 19, 2014. Four consultation questions were developed to guide the input:

• What are the main challenges around youth mental health in BC?
• Are there current gaps in service delivery?
• What are best practices for treating and preventing youth mental health issues?
• How should resources be targeted in the future?

A total of 137 written submissions were received from individuals and from organizations representing health professionals, service providers, Aboriginal groups, government, academics, and other stakeholders.

During its deliberations on the evidence, the Committee considered making recommendations to the Legislative Assembly. The Committee unanimously agreed that there is an urgent need for action to improve mental health services and supports for youth. However, it was decided that further discussions should take place with stakeholder ministries, health authorities, and other expert witnesses as part of the second phase of the special project.

The Committee released an interim report on November 27, 2014 covering the first phase of the special project. The report summarizes the results of the public consultations, key themes raised in responses to the four consultation questions, and the next steps for the second phase of the special project.

The Committee initiated phase two of the special project in the Fourth Session of the 40th Parliament that began on February 10, 2015.

© 2015 Legislative Assembly of British Columbia

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