Questions & Answers
Q: WHAT DO ADVOCATES DO?
A: At the Office of the Provincial Advocate for Children and Youth we listen to children and youth in situations where we learn that their rights have been violated. Sometimes we help them through a complaint process or we will intervene directly on their behalf.
If adults contact us, we are careful to ensure that we act according to the wishes of the child or youth because at the advocacy office it is children and youth who are always our client.
Q: WHAT KIND OF SERVICES DO YOU PROVIDE?
A: We help youth to ensure the youth's voice is heard by either helping them to speak on their own or by speaking on their behalf.
Q: HOW DO YOU PROTECT THE RIGHTS OF CHILDREN AND YOUTH?
A: Children's rights are clearly stated in the Child and Family Services Act and the Youth Criminal Justice Act. If calls pertain to these specific rights then the advocate would speak to the adults involved to ensure that these rights are adhered to.
Children and youth also have rights which are clearly stated in the United Nations Convention on the Rights of the Child and the Canadian Charter of Rights and Freedoms. The advocates may use these documents to guarantee that children's rights are upheld.
Q: I'M UNDER 16 AND DON'T WANT TO LIVE WHERE CAS HAS PLACED ME. DO I HAVE THE RIGHT TO MOVE HOME?
A: If you are over twelve you and/ or your parent/guardian can bring a Status Review application to court presenting your plan and requesting a termination of your Wardship Order. You may want to have help from a lawyer. An advocate could help to guide you through this process.
Often if the situation in your home is safe, you may be able to negotiate your plan with your CAS worker without going to court.
Q: I LIVE IN A GROUP HOME. CAN YOU HELP ME GET A TRANSFER?
A: Yes, an advocate would help you to contact the Residential Placement Advisory Committee (RPAC) in your area. The RPAC committee would review your placement and talk to you about your reasons for requesting a transfer. Having reviewed all of the information they will make a recommendation regarding your placement. Sometimes they recommend that a youth be moved and sometimes they recommend that you stay where you are. Their recommendation depends on what they determine, based on all of the information, will be best for you.
RPAC reviews can also be requested in situations where the CAS is planning to change your placement and you prefer to stay where you are. An advocate would be happy to consult with you about these issues and to help you with this process.
Q: HOW DO I GET A TRANSFER FROM ONE CUSTODY FACILITY TO ANOTHER?
A: You can request a transfer by contacting the Custody Review Board (1-800-597-6088)
Another way to request a transfer is to write to the Provincial Director. The manager of your residence should be able to forward this letter on your behalf.
In both of these situations you should state clear reasons for your request. An advocate can help with this.
Q: I KNOW OF A CHILD THAT IS BEING ABUSED. WHO SHOULD I CONTACT?
A: You should contact your local children's aid society or tell an adult that you trust. You can also call the Advocacy Office.
The Ministry of Children and Youth Services can give you more information about reporting suspected child abuse.
Q: DOES YOUR OFFICE OVERSEE THE CHILDREN'S AID SOCIETY? WHO DOES?
A: The Office of the Provincial Advocate for Children and Youth does not oversee children's aid societies. However, we can help you with the complaint process. The Ministry of Children and Youth Services is responsible for ensuring that children aid societies properly carry out their duties as specified in the Child and Family Services Act. Each society has a reporting relationship with a particular program supervisor at the Ministry of Children and Youth services.
Q: DOES YOUR OFFICE PROVIDE LEGAL ADVICE?
A: No, advocacy officers are not lawyers and cannot provide legal advice.
Q: I AM TRYING TO GET MORE ACCESS/CUSTODY TO MY CHILD/CHILDREN. CAN YOUR OFFICE HELP ME?
A: The advocacy office cannot help in matters that are before the court. We are not lawyers and therefore recommend that you obtain the services of a lawyer in any legal matters.