Government has done 'literally nothing' about legislation for reporting child deaths, says advocate

Newfoundland and Labrador's advocate for children and youth is launching four new investigations, and says the provincial government has done "literally nothing" to bring in legislation that would ensure she's notified of deaths and serious incidents.

Carol Chafe announced Wednesday morning that the investigations include an 18-year-old who killed himself in a group home.

The other investigations include:

• A 16-year-old girl with complex mental health needs whose health deteriorated while she was in a group home, and who had several unspecified "critical incidents." The teen is currently thriving in a new placement, according to Chafe.
• A family of five children who had a protective intervention file with the Department of Children, Seniors and Social Development for several years, but who were still physically and sexually abused by their parents.
• A young child who was placed for a "lengthy period of time" in an alternative-care arrangement by the department because his mother required further support. There are concerns about the services provided by the department, including a lack of permanency planning.

In addition to the four new investigations, Chafe's office is conducting six other investigations, involving two deaths and incidents involving 18 other children.

She said she became aware of two of the three deaths, and all the critical instances, because of family members or the media, and not through reporting by government departments and agencies.

Chafe chides lack of progress on legislation

Chafe recommended nearly five years ago that legislation establish a reporting protocol, and she made a formal request more than two years ago.

"When I ask for updates, or when I attend regular quarterly meetings and get updates it's literally nothing has happened that I've been aware of," said Chafe.

However, Sherry Gambin-Walsh, minister of Children, Seniors and Social development, countered that during a CBC News interview later Wednesday. 

"That's not really true," Gambin-Walsh said. 

"There has been a significant amount of work done, but like I said, it's a progressive and unprecedented piece of legislation."

Chafe noted a proposed amendment to the Child and Youth Advocate Act died when the House closed in June 2015 before the cabinet submission could be tabled. She said the new Liberal government has not acted yet despite promising to develop legislation to make reporting deaths and critical incidents necessary.

The Department of Children, Seniors and Social Development is reporting deaths to Chafe's office.

"We don't want the message out there that there's an absence of mandatory reporting to the child to the child and youth advocate, you know, that doesn't exist, we do report," said Gambin-Walsh. 

But Chafe said because mandatory reporting isn't in place for all departments there are cases that should be investigated that aren't ever making it to her office.

Gambin-Walsh promised work is happening.

"Groups have met regularly, they've developed work plans, the deputy minister committee was established, a working group was established, so there's been a considerable amount of work done on the proposed legislation," she said.