Regulation Number(s):
O. Reg. 155/18
O. Reg. 156/18
Instrument Type:
Act
Bill or Act:
Child, Youth and Family Services Act, 2017
Summary of Proposal:
Indigenous service providers, as well as representatives of First Nations, Inuit and Mtis peoples, suggest that a more culturally-appropriate approach to service delivery for First Nations, Inuit and Mtis children, youth and families includes holistic and wraparound supports that involve prevention-focused Indigenous service providers that are not children's aid societies (societies), as well as extended family members, Elders, representatives chosen by the child's bands or First Nations, Inuit or Mtis communities, resource persons, and other supportive persons in the lives of First Nations, Inuit and Mtis children, youth and families. Proposed statutory and regulatory amendments to the Child, Youth and Family Services Act, 2017 (CYFSA) and its regulations will seek to implement an approach that is respectful of Indigenous concepts of the "circle of care".

Currently, the CYFSA does not include provisions that define prevention-focused Indigenous service providers that are not societies, or outline their role in respect of First Nations, Inuit and Mtis children, young persons and families within the child and family services system. Proposed statutory and regulatory amendments will include provisions that seek to address this gap as well as implement holistic and wraparound services and supports for First Nations, Inuit and Mtis children, youth and families. These changes are consistent with the Ontario Indigenous Children and Youth Strategy (OICYS), particularly the third pillar of "Coordinated and Responsive Circle of Care".

The proposals include amendments that, if passed, would enhance the role of prevention-focused Indigenous service providers by defining these service providers and providing a list of those entities the meet the definition. The Ministry of Children, Community and Social Services ("the ministry") is also proposing to outline the functions of prevention-focused Indigenous service providers that are not societies. An additional proposal includes requiring other service providers, including societies and licensed residential services, to refer to a prevention-focused Indigenous service provider that is not a society where it would support the well-being of a First Nations, Inuk or Mtis child or young person.

The ministry is also proposing amendments that, if passed, would require service providers, including societies and licensed residential services providers, to ask children and their parent(s)/guardian(s) whether they would like to establish a group of people and entities to provide holistic and wraparound supports. This group of supportive adults could include extended family members, Elders, prevention-focused Indigenous service providers and others as determined by the child or their parent(s). Finally, the ministry is considering First Nations, Inuit and Mtis-specific additions to the "Other purposes" of the CYFSA as well as Part II "Children's and Young Persons' Rights".

It is anticipated that these proposed statutory and regulatory amendments to the CYFSA would, if passed, lead to improved outcomes for First Nations, Inuit and Mtis children, youth and families and reduce the need for protection services.

For additional information, see the discussion guide linked to below.
Analysis of Regulatory Impact:
If the above proposals are made and approved, it is anticipated that there will be both costs and benefits (or cost savings) to service providers within Ontario's child and family services systems, including societies, licensed residential service providers and prevention-focused Indigenous service providers that are not societies.

Administrative costs may incur on service providers in respect of training and changes to business practices and processes. However, it is expected that these costs would be offset by increased access and use of prevention and early intervention services by First Nations, Inuit and Mtis children, youth and families, thereby reducing the need for protection services and other costly intrusive intervention services within the sector.

All ministries are subject to requirements set out in the Modernizing Ontario for People and Businesses Act, 2020 (MOPBA), which came into force January 1, 2021. As part of its obligations under the MOPBA, the ministry will also complete a Regulatory Impact Analysis (RIA) to determine any additional impacts of these proposals. A regulatory impact assessment is a process of identifying and assessing the incremental benefits and costs of proposals.
Further Information:
Proposal Number:
21-MCCSS010
Posting Date:
August 20, 2021
Comments Due Date:
October 4, 2021
Contact Address:
2 Bloor Street West, 30th Floor, Toronto, Ontario, M4W 3E2