Seeking Child Welfare Reforms to Prevent Youth Homelessness Johanna Macdonald, SYLS Lawyer, JFCY

1. Seeking Child Welfare Reforms to Prevent Youth Homelessness Johanna Macdonald, SYLS Lawyer, JFCY Coming of Age Report Launch, Homeless Hub February 24th, 2014

2. Outline • Introduction • Why child welfare reform? • What we did and what we found out • Bill 88 • Next steps

3. Introduction • Justice for Children and Youth and the Street Youth Legal Services Program • Gaetz & O’Grady research & partnership with CHRN

4. Why Child Welfare Reform? • Academic research has shown the strong link between youth homelessness and the child welfare system. On average, research shows that 43% of homeless youth have had some interactions with child welfare authorities. 2) Reform efforts at the Provincial Child Advocate over last few years. http://provincialadvocate.on.ca/main/en/hearings/pages/home.html

5. Why Child Welfare Reform? • At JFCY, we observe a striking LACK of legal options for our homeless clients. Eg’s include: Katie, homeless at 16 after fleeing her abusive guardian, and Tyrell, living with friends at 17 after he came out as gay and was kicked out by his father. Legal options for Katie and Tyrell to seek safety and security include: • Sue parents/guardians for child support (sometime unavailable or no resources are available); • Apply for welfare (and hope to qualify); and/or • Obtain housing (hope you are not discriminated against) 4) Cross-jurisdictional talks/beginnings of research with ‘43%’

6. What We Did What We Found Out • Jurisdictional comparison (across Cdn jurisdictions) of child welfare services for older youth • Ontario is the only jurisdiction that does not provide access to services to youth 16 and 17 (unless a 16 or 17 yr. old with a disability)

7. Bill 88 • MPP Rod Jackson drafted the Bill: Bill 88: Child and Family Services Amendment Act (Children 16 Years of Age and Older) • The Bill amends the Act to permit 16 and 17 year olds who find themselves without the support of family to voluntarily access child welfare support services • September 2013, passed 2nd reading • December 2013, passed Committee

8. What we still don’t know (lots!) • If not already entitled, would 16 and 17 year old homeless youth be interested in receiving services through the CFSA? • Does lack of service provision really cause homelessness? (must prove it –or strongly link it), and so would increase in services necessarily prevent homelessness? • Why/how decisions are made by youth or for youth in care systems that in turn cause either engagement or disengagement with further supports leading to homelessness

9. Next Steps • Further support to Bill 88, other law reform/social change initiatives, and further research. A stronger Ontario-wide network of individual and group advocacy. • We need further research on how a youth transitions from in care to becoming homeless. Through this research we hope to understand the cross sector of engagement or disengagement with youth on the edge of homelessness, and be in a position to make recommendations for change.

10. Johanna Macdonald Counsel, JFCY-SYLS 415 Yonge Street, Suite 1203 Toronto, Ontario M5B 2E7 Tel. (office)  416.920.1633 Fax: 416.920.5855 macdonaj@lao.on.ca www.jfcy.org http://jfcy1.blogspot.com/