Evidence of meeting #37 for Human Resources, Skills and Social Development and the Status of Persons with Disabilities in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was families.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

François Levert  Senior Investigator and Legal Officer, New Brunswick Office of the Ombudsman, Child and Youth Advocate
Pat Convery  Executive Director, Adoption Council of Ontario
Susan Smith  Program and Project Director, Evan B. Donaldson Adoption Institute
Cindy Xavier  Executive Director, Adoption Support Centre of Saskatchewan
Bernard Paulin  Board Member, New Brunswick Adoption Foundation
Suzanne Kingston  Executive Director, New Brunswick Adoption Foundation

8:45 a.m.

Conservative

The Chair (Ms. Candice Hoeppner (Portage—Lisgar, CPC)) Conservative Candice Bergen

I will call to order meeting number 37 of the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities.

Before we begin and introduce our witnesses, I would ask the committee to take a look at the budget before you. We need a motion to move and adopt that budget.

Could I have a motion?

Madame Folco moves adoption. Thank you.

(Motion agreed to) [See Minutes of Proceedings]

We're very pleased today to have with us witnesses who are helping us with our study on adoption: the federal supports that are in place and that may need to be in place for adoptive parents.

We have with us today a representative from the Adoption Council of Ontario, Pat Convery, the executive director. As well, we have a representative from the New Brunswick Office of the Ombudsman, Child and Youth Advocate, François Levert, senior investigator and legal officer.

For the information of the committee, because we have committee business at the end of our second hour, I will cut this first hour a bit shorter so we can give first- and second-hour witnesses equal amounts of time. We have three witnesses for the second hour. We will probably end this first hour at about 25 or 20 to the hour.

Again, thank you so much for being here. Each one of you has approximately seven minutes. Then we'll have questions when you're finished your presentation.

We'll begin now with Monsieur Levert, s'il vous plaît.

8:45 a.m.

François Levert Senior Investigator and Legal Officer, New Brunswick Office of the Ombudsman, Child and Youth Advocate

Thank you very much, Madam Chair.

Madam Chair, Mr. Vice-Chair,

distinguished members of the committee, good morning.

Allow me to start by conveying the best wishes of New Brunswick's ombudsman and child and youth advocate, Mr. Bernard Richard, who was unable to travel to the nation's capital today. In his stead, I am pleased to have this opportunity, as senior investigator and delegate, to offer insight into some of our advocacy work and findings in the field of adoption in New Brunswick.

My area of expertise is children and youth involved in the criminal justice system. As the office's liaison with provincial community services and corrections, I have frequent encounters with young people subjected to custodial orders and probation undertakings and whose life stories involve shattered attempts at successfully establishing meaningful relationships within a family context.

In this context, my role as child and youth advocate is, by making recommendations, to ensure that the implementation of relevant policies, acts and regulations is consistent with children's rights and guided by their greater interest.

New Brunswick's adoption system falls under the responsibility of the Department of Social Development. Adoption is governed by the Family Services Act, and the department statistics indicate a consistency in the area of adoption of infants and private adoptions.

There has been a particular interest in international adoptions in recent years. However, department statistics also tell of a more disturbing trend, one in which our office is increasingly called on to intervene. The number of adoptions involving young people with special needs is slowly but consistently on the rise. These young persons are those who have impairments--intellectual, physical, emotional, or behavioural--that limit their ability to participate in the daily activities at home, school, and in their communities.

In 2009-10, for example, the number of families receiving subsidies for adopted children with special needs was up 9% from the previous year. The number of older special needs children placed or adopted is also on a rising curve, increasing to 806 youths from last year's 730. It must be noted that these youths are placed for adoption, not necessarily adopted.

This situation has raised two major concerns: on the one hand, the availability of adoption options and, on the other hand, the fact that, as a result of the current economic situation and accompanying budget realities, the availability of resources to support the needs of these young people and their families is precarious.

What is disconcerting is that while the increase in the number of child care residential centres is stagnant, the number of foster families is decreasing. Given that we have no indication of the number of potential adoptive parents of youth with special needs, there are even more reasons to be concerned.

Our office is often called upon to advocate on behalf of these young persons who find themselves living where they can—some couch-surfing, others simply living in shelters or on the street. An increasing number of these youth turn to illicit activities to survive and end up in the youth criminal justice system. Sadly, some go as far as sharing with me their appreciation of a closed custody setting, as it provides three meals a day, a roof over their head, an education, and activities that would otherwise not be offered to them.

Children with highly complex needs, those whose treatment requirements are beyond what provincial departments can offer, occasionally find themselves caught in this vicious circle. In some unfortunate cases, parents have to relinquish temporary custody of their child to the care of the province in order to access treatment. This also leads to the breakdown of adoption attempts, and the impact of these failures is measured in costs to the young person, the family, and society as a whole.

The options left, such as group homes, are also limited and not necessarily conducive to the delivery of successful, sustainable, and continuing treatment and services.

In view of these challenges, the wish to respect the distribution of powers is praiseworthy, but how does it measure up against the traumatizing experience of children who, for reasons beyond their control, are denied by opportunity to be adopted for lack of specialized services or as a result of the financial burden associated with clinical treatments?

In conclusion, I respectfully submit that assessing federal support measures available to adoptive parents and their adopted children should take into account the short-term as well as the long-term positive impact of a national strategy. This would involve a collaborative effort between provincial, territorial, and federal actors to develop and implement an adoption clinical support program for families, children, and youth who require it; a consultation process involving stakeholders, families, and young persons, who may assist in identifying the needs and options required to tackle the challenges that exist within the system; and finally, revisiting or establishing targeted funding transfers to offer increased support to potential or existing adoptive parents who struggle with the challenges and costs of caring for their child.

The well-being of children and youth should serve as a cornerstone for dialogue and concerted efforts between all jurisdictional levels. It would be consistent with our obligations under the Convention on the Rights of the Child. Also in that spirit, at the domestic level, New Brunswick's child and youth advocates, in partnership with provincial and territorial counterparts, have been calling for the establishment of a federal commissioner of children's rights.

Perhaps the work accomplished by this committee will lead to findings and recommendations that endorse the provincial and territorial advocates' positions.

Adoption is a path that enables both child and adult to grow, but the experience must be maintained and take into account potential long-term needs. Those needs may emerge later in the child's life, subtly but nevertheless to devastating effect.

People cannot be forced to adopt, but when incertitude stands in the way of potential adoptive parents' willingness or ability to provide stability, security, and comfort to a wanting child, I think this sends a very strong message.

Thank you, ladies and gentlemen.

Thank you for providing me with the opportunity to speak before you this morning.

8:55 a.m.

Conservative

The Chair Conservative Candice Bergen

Thank you, Monsieur Levert. It was perfect timing. You had that timed out just perfectly. Thank you.

We'll now go to Ms. Convery.

8:55 a.m.

Pat Convery Executive Director, Adoption Council of Ontario

Okay, I'm feeling the pressure.

8:55 a.m.

Conservative

The Chair Conservative Candice Bergen

It's very rare that someone's right in that time span, so don't feel any pressure. We'll let you know.

8:55 a.m.

Executive Director, Adoption Council of Ontario

Pat Convery

Okay, here we go. Let's start the clock.

I want to thank the committee very much for inviting me to present on this important topic. I am Pat Convery, the executive director of the Adoption Council of Ontario.

ACO is a not-for-profit organization that has existed in Ontario since 1987. Currently, the ACO has a vision of connecting the voices of adoption in Ontario. We do this by providing information, education, and support to all who are touched by adoption in Ontario. The ACO also manages the AdoptOntario program, which is a ministry-funded provincial databank that works to connect families in Ontario with children in Children's Aid Society foster care for whom an adoption plan is being sought.

More information about all our programs is on our websites, and I've provided them in the document.

I've also brought two documents for the committee members that I believe will be helpful in your final planning for presentation of the recommendations. I apologize that I got things mixed up in terms of translations and how many copies.

The first is a Grow Your Love book, and I've brought several copies of it. This is a booklet that contains several stories of families in Ontario who have adopted children privately, internationally, and through the Children's Aid Society. This book was part of our adoption awareness campaign for 2010. We asked families to tell their stories, but also highlight how the government could do a better job of supporting families on their journey. At least four of these families have presented to this committee, so I thought this would give you some other information that might be helpful to you.

We also created a website for adoption awareness month, which is www.actiononadoption.ca. It has a fair bit of information about advocacy and what families in Ontario feel is important for federal and provincial governments.

The other document I brought is available in both languages on the Ontario government website. It is Raising Expectations. In 2008 Premier Dalton McGuinty appointed an expert panel to study and make recommendations on how the government could support Ontario families involved in infertility and adoption. The panel was headed by David Johnston, now Canada's Governor General.

The panel did a very thorough process. They made recommendations that were extensive but not expensive. I believe that these recommendations are applicable to all provinces in Canada and should be considered by this committee in relation to federal policy and actions. I have brought copies of the executive summary today, but the full report is available on the government website, and I've provided the link. The expert panel had hoped to present, but due to timing of the committee members they weren't able to present today or when they were invited.

Adoption practice in Canada is primarily dictated by provincial legislation and policy. It is primarily administered through provincial child welfare systems. It is my belief that this has been quite effective at the front end of the system. Regional governance related to the executing of processes to prevent child abuse and neglect and protect children in their communities has been strengthened by having a provincial perspective. Child welfare authorities have been able to develop programs that connect well with the need of the community and fit within the police, education, mental health, and court systems that are also dictated by provincial authorities.

However, when children are not able to return to their birth families and they become permanent wards of the government, the priority for their planning must shift. Although provincial authority for the care of children continues, the federal government must take responsibility for ensuring that the planning for these children and youth will lead to the stability of a lifetime-committed family.

Regional and geographic challenges of our provincial system have become barriers to children having the lifetime permanency of a family. Tens of thousands of children are wards of the crown. Across Canada, relatively small proportions of these children are adopted. They represent the most vulnerable youth in our society.

I know that this committee has already heard information to support acceptance of the fact that outcomes for youth who “age out of care” at age 18 or 19 are concerning. The consequences of unsupported and premature launch into adulthood for a group of young people who have already suffered significant trauma in their lives are predictably not good. Foster care is a temporary solution, and these children need the stability of a lifetime, legally committed family.

I have four recommendations on system support that I believe the federal government and this committee should consider. The first two relate primarily to support for families.

Number one is creating an interprovincial adoption protocol. Again, I know this committee has heard information on this. We need to view all children in Canadian foster care who are not able to return to their birth family as children of the country. We need to view all families in Canada who express interest in adoption as potential resources for providing our children with the lifetime committed family they need.

Currently, as a result of our provincial child welfare system, families are challenged to adopt interprovincially or even within a province in some cases. While each province has a high-level model of assessment and training of adoptive families, the province is not always willing to accept a family as being adopt-ready or approved when they move to another province. Families are often informed that they must repeat the extensive screening process. There are few mechanisms in place for sharing of family resources between provinces, with the limited exception of Canada's waiting children. Families often find that it is easier to adopt internationally than within their own country.

Secondly, we need financial incentives to support adoptive families. Again, I know this committee has heard significant information, but I would like to just briefly touch on it.

The first deals with changes to the employment insurance program. Our employment insurance program currently discriminates against adoptive families. I'm aware that you've heard this information. I'm hoping that this is something that will be changed in view of the fact that we have significant information that would suggest that with the extensive literature, research, and experience on attachment, parenting of special needs children, and adjustment of children to new environments, it speaks so clearly to the fact that adoptive families need the same or more time to help children not born to them transition into their families.

Secondly, tax benefits for adoptive expenses represent another opportunity lost if the federal government does not take advantage of this positive incentive. Currently, families who incur adoption expenses can claim them on their income tax in the year they adopt a child. We can come back to that one.

My other two recommendations.... One is the creation of a federal data bank. Little is known about who the children and youth are who are in permanent care. Canada has not done a good job of gathering this information. This has been a huge barrier to practice planning and supporting appropriate allocation of funds to permanency programs. We need to know who these children are, and I believe that the technology is available to support the tracking of these children. The AdoptOntario program, as an example, is supported by a sophisticated data bank that, when fully operational in Ontario, will support the tracking of children and youth. I believe that this would be helpful to look at in terms of the federal level.

Finally.... I'm out of time? Okay. I'm sorry.

9 a.m.

Conservative

The Chair Conservative Candice Bergen

That's all right. Why don't you quickly mention it.

9 a.m.

Executive Director, Adoption Council of Ontario

Pat Convery

Again, training of child welfare professionals in permanency planning competency.... I believe a major barrier to permanency planning for youth in care is that child welfare professionals are relatively unfamiliar with models of child-specific family recruitment that have been successful in other countries. Certainly I believe that we have models in place.

Currently, Adoption Council of Canada, Adoption Council of Ontario, and the North American Council of Adoptable Children are working on developing curriculums that would support adoption professionals in knowing the work that needs to be done, as well as providing supports to mental health and educational professionals, and for families who have adopted.

9 a.m.

Conservative

The Chair Conservative Candice Bergen

Great. Thank you very much.

9 a.m.

Executive Director, Adoption Council of Ontario

Pat Convery

Thank you, and I'm sorry.

9 a.m.

Conservative

The Chair Conservative Candice Bergen

No, don't apologize. It's important that we have this information.

We're going to try to get in two rounds of questions. In the first round we'll do a five-minute round. Just for the witnesses, that will include questions and answers. Again, I'll be timing. If someone takes five minutes to ask you a question, you won't have a lot of time to answer. We're going to try to keep it to that.

We'll begin with Mr. Savage.

9 a.m.

Liberal

Michael Savage Liberal Dartmouth—Cole Harbour, NS

Thank you, Chair.

Thank you very much. That was very good and helpful testimony for us.

Just so I understand who your organizations are, do you both work for the provincial government? Are you both arms of the provincial government? New Brunswick is....

9:05 a.m.

Senior Investigator and Legal Officer, New Brunswick Office of the Ombudsman, Child and Youth Advocate

François Levert

Yes. We answer to the Legislative Assembly, so we're technically independent from government, yes.

9:05 a.m.

Liberal

Michael Savage Liberal Dartmouth—Cole Harbour, NS

Are you part of the Department of Community Services or...?

9:05 a.m.

Senior Investigator and Legal Officer, New Brunswick Office of the Ombudsman, Child and Youth Advocate

François Levert

Not at all. Ombudsman and child and youth advocates should be separate offices, but due to budget restraints, the same person is holding both mandates. We are completely independent from government, although under the CYA, the Child and Youth Advocate Act, our practice is to work very closely and collaboratively, to a certain extent, with provincial departments, because in the end we share the same goals.

9:05 a.m.

Liberal

Michael Savage Liberal Dartmouth—Cole Harbour, NS

I understand.

Ms. Convery, tell me your relationship, if any--

9:05 a.m.

Executive Director, Adoption Council of Ontario

Pat Convery

The Adoption Council of Ontario is a not-for-profit organization. We have provincial funding for our AdoptOntario program, but otherwise we're totally separate.

9:05 a.m.

Liberal

Michael Savage Liberal Dartmouth—Cole Harbour, NS

In terms of the situation we're dealing with, we've heard there are more than 30,000 children waiting for adoption in Canada. Is that a number that makes sense to both of you? Do you have a sense of how many there are in your provinces?

9:05 a.m.

Executive Director, Adoption Council of Ontario

Pat Convery

We have 30,000 children in Canada who are permanent wards of the government. That means there is no more work being done with their birth family to reunify them and that their legal parent is the government.

Some of those children may have permanency plans, but from my perspective we could view all those children as being potentially adoptable.

9:05 a.m.

Senior Investigator and Legal Officer, New Brunswick Office of the Ombudsman, Child and Youth Advocate

François Levert

It sounds reasonable, from the statistics I've seen in New Brunswick.

9:05 a.m.

Liberal

Michael Savage Liberal Dartmouth—Cole Harbour, NS

On the financial incentives, I want to give you an opportunity, Ms. Convery. You mentioned EI. One of the recommendations that somebody made last week was to forget about whether this falls under maternal or parental and set up a separate adoption leave system under EI, which makes sense to me.

I'd like your point of view on that. I'd also like to give you a chance to talk a little about the tax incentive side, which we rushed you through because of time limitations. You were talking about how currently you can claim it in the year of adoption.

9:05 a.m.

Executive Director, Adoption Council of Ontario

Pat Convery

This would certainly seem like a fairly simple cost-effective solution.

In many of our provinces we have a private adoption system as well as a public adoption system, which is a huge benefit to the province. When they're able to, families who are motivated and interested in adoption will cover the costs by having private adoption professionals do their home study, attend private training programs, and cover some of the costs.

The actual costs can't be done as a tax benefit until the year they adopt, which could be several years later. It seems reasonable that as an incentive to families to consider becoming ready to adopt—because we need them more than they need us—this would make it more reflective of the actual amount families fund out and allow them to do it in the year they incur those costs. I think that would be a huge benefit.

9:05 a.m.

Liberal

Michael Savage Liberal Dartmouth—Cole Harbour, NS

If it were to be retroactive by eight years it would help my sister in Ontario, who has adopted two children.

Does it make sense that we have this separate adoption benefit under the EI system, that we set up a whole new system?

9:05 a.m.

Executive Director, Adoption Council of Ontario

Pat Convery

Yes, absolutely. Again, it's simple. It's just as shocking that there is such a discrimination against families who adopt.

9:05 a.m.

Liberal

Michael Savage Liberal Dartmouth—Cole Harbour, NS

Mr. Levert, can you talk a bit about special needs children and how they're dealt with in New Brunswick? A lot of them would come under your discretion, I would assume.