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Child Protection Law in Ontario – Katelynn’s Principle & Bill 89

Published: January 14, 2017

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Child Protection Law in Ontario – Katelynn’s Principle & Bill 89

You’ve undoubtedly heard the name Katelynn Sampson along with the unforgettable details of the physical abuse she endured at the hands of the people charged with her care and safety. Seven-year-old Katelynn died in 2008 after her body went into septic shock. Her autopsy revealed that she had 70 wounds at the time of her death, and that she had been struck so hard at one point her liver ruptured.

Katelynn’s unemployed, crack-addicted legal guardians had lengthy criminal records and prior involvement with child welfare agencies, but the judge who put Katelynn in their care did not know these details. Donna Irving and Warren Johnson pleaded guilty in 2012 to second-degree murder and are serving life sentences. There is no doubt that ‘the system’ failed this young girl.

Katelynn’s Principle

The inquest into Katelynn’s death led to more than 170 recommendations for changes to Ontario’s child protection laws. The first recommendation of the jury detailed “Katelynn’s Principle”, a directive that the child must be at the centre when they are in receipt of child welfare, justice, and educational services:

Katelynn’s Principle

The child must be at the centre, where they are the subject of or receiving services through the child welfare, justice and education systems.

A child is an individual with rights:

  •  who must always be seen
  •  whose voice must be heard
  •  who must be listened to and respected

A child’s cultural heritage must be taken into consideration and respected, particularly in blended families.Actions must be taken to ensure the child who is capable of forming his or her own views is able to express those views freely and safely about matters affecting them.A child’s view must be given due weight in accordance with the age and maturity of the child.

A child should be at the forefront of all service-related decision-making.

According to their age or maturity, each child should be given the opportunity to participate directly or through a support person or representative before any decisions affecting them are made.

According to their age or maturity, each child should be engaged through an honest and respectful dialogue about how/why decisions were or will be made.

Everyone who provides services to children or services that affect children are child advocates. Advocacy may potentially be a child’s lifeline. It must occur from the point of first contact and on a continual/continuous basis thereafter.

Bill 89 – Supporting Children, Youth and Families Act, 2016

On December 8, 2016 the Minister of Children and Youth Services tabled Bill 89, an Act aimed at introducing sweeping changes to child protection legislation in the province. If Bill 89 becomes law, it will amend and repeal Ontario’s Child and Family Services Act (an Act that has been in place since 1985), and enact a new piece of legislation called the Child, Youth and Family Services Act, 2016.

The Child, Youth and Family Services Act, 2016 gives teeth to the recommendations coming out of Katelynn’s inquest, putting children front and centre when it comes to their care. When unveiling the new Act, Michael Coteau, the Minister of Children and Youth Services, told reporters that it still “baffles” him that a system is in place were children don’t get a say in their care. He called the proposed legislation “the biggest game-changer in child protection in decades.”

Major Changes to Child Protection Law

Highlights of the extensive changes to Ontario’s child protection laws proposed by Bill 89 include:

  • Increasing the age of protection from 16 to 18;
  • Implementing more culturally appropriate services, particularly for Indigenous and black children and youth;
  • Improving the oversight of service providers, including Children’s Aid Societies; and
  • Strengthening the focus on early intervention to help prevent families from reaching crisis situations at home.

It is expected that the government will use experts from the child welfare field to help implement the new legislation.

Answering Your Questions

If you have any questions about child protection, welfare, or custody, don’t hesitate to contact our team. You can contact us online or directly at 416-736-0200. We also provide an online legal issues forum where you can post a topic or question and lawyers at Gelman & Associates will respond.

Written by Lisa Gelman

Senior Lawyer

Senior Lawyer Lisa Gelman has over 25 years of family law experience and founded Gelman & Associates to provide strategic legal counsel in family law matters concerning divorce, parenting, separation, and more.

Frequently Asked Questions - child protection

Yes, it’s possible to find hidden apps on kids’ phones. Apps can be hidden via Applocker. When you check your child’s phone, you will be able to see, but will likely require a PIN code to gain access.

Yes, allowing location tracking services from apps can prove useful in the event you want to know the whereabouts of your child.

The best social media apps that your kids can use are those that are kid-friendly and prohibit any inappropriate content.

An unfit parent is someone who cannot provide proper care, guidance, or support to their child. A parent is also deemed unfit if there’s proven evidence of abuse, neglect, or substance abuse issues.

Call the other parent or guardian and document any conversation you may have. Note down when the other parent or guardian began to be unreachable. You can also try reporting your missing child to MissingKids.ca. On no account should you post anything on social media or talk to news media without first consulting the police. That can do more harm than good to your child.

Distracted driving takes away our attention from the wheel and the road. As such, we tend to miss certain objects and cues. Distractions can endanger you and everyone else on the road. This can lead to injuries and fatalities.

Engaging in activities other than driving can increase driving risks. These include eating and drinking, texting, and putting on makeup.

Over 60,000 road accidents happen in Miami every year. Distracted driving is the top contributor. Moreso, almost 70% of adult drivers are distracted by their phones while driving.

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