NL

Waiting 5 years for mandatory reporting of deaths, critical incidents, says N.L. child advocate

Newfoundland and Labrador's Child and Youth Advocate says she is still waiting for a law that makes it mandatory for the province to report critical incidents and deaths involving children receiving services.
Newfoundland and Labrador Child and Youth Advocate Carol Chafe delivers her 2015 progress report on recommendations to improve care in the province on Tuesday in St. John's. (Gary Locke/CBC)

Newfoundland and Labrador's Child and Youth Advocate says she is still waiting for a law that makes it mandatory for the province to report critical incidents and deaths involving children receiving services.

In releasing a progress report Tuesday, Carol Chafe said she hoped the recommendation, made five years ago, would have been passed last June.

"We were very near ready for submission to the [House of Assembly] for passing and then of course the house closed, and the government changed," she said. "Nothing's progressed since June."

Chafe said that although Premier Dwight Ball promised that legislation will be developed, nothing has happened yet.

"The important thing is I'm not getting any notification of critical incidents," she said, and while she is told about deaths of children involved with Child, Youth and Family Services (CYFS), it isn't a legal requirement.

She said she sometimes hears about deaths from family, or media.  

Newfoundland and Labrador Child and Youth Advocate Carol Chafe said it's time for legislation to require mandatory reporting on critical incidents and deaths.

According to Chafe, "a lot of really intensive work" was done by a committee that included CYFS, and the departments of Justice, Health and Education to define what the critical incidents are, and how they would apply to each department.

"I truly hope that progress will be made sooner rather than later, to ensure the rights of all children and youth are protected and advanced, and their voices heard," said Chafe.  

Assessment, follow up still lacking

Chafe said most of the recommendations she has made over the past decade have been acted on, but the department she oversees still has problems with the assessment and follow up of children in care of the province.

Chafe said the changes needed within the Department of Child, Youth and Family Services are the same every year — staffing, documentation, and inadequate assessment and follow-up of children referred to the department. 

"Every child and every youth deserves the same level of service,"  said Chafe.

Chafe said eight investigations and four case reviews have been completed since 2006, with a total of 183 recommendations for various government departments and agencies. 

As of October 2015, she said 93 percent of those recommendations were fully or partially implemented, but she's not seeing the changes and practices everywhere. 

"A lot more has to happen to ensure that the staff understand the new policies and procedures, but also that they're supported with the resources so that they can do that," she said. 

The recommendations are intended to prevent tragedies - like the the fatal house fire in Nain in 2010 that killed two children and one adult, and the high-profile death of 13-month-old Zachary Turner, killed in a murder-suicide by his mother, Dr. Shirley Turner, in 2003.

Minister says more time needed

Child, Youth and Family Services Minister Sherry Gambin-Walsh told reporters on Tuesday the government will eventually pass mandatory reporting legislation.

CYFS Minister Sherry Gambin-Walsh said Tuesday that the committee Chafe referenced still exists, work is continuing to make the law, and she has met with the advocate and the departments twice.

However, she isn't saying what the holdup is. 

"I really cannot talk to the timeframe right now," she says.

"It's a very important piece of work, reporting critical incidents, and it's a very detailed and deep piece of work," she said. 

"So we truly, honestly have to be confident that we have everything covered when we go forward." 

With files from Peter Cowan