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Kids let down by courts?
New Brunswick Children's Equal Parents Association

Monday, January 14, 2002

Kids let down by courts?
'Endemic' delays frustrate Children's Aid Societies
By CP


A surge in the number of children in government care and protracted custody battles are bogging down the judicial system, say child welfare advocates.

"If the courts were a business, they would be bankrupt," said Peter Jaffe, executive director of the Centre for Children and Families in the Justice System.

A shortage of judges, lengthy legal arguments, insufficient mediation and assessment services and tougher provincial legislation have conspired to force unconscionable delays in deciding the future of many Ontario children, said the head of an advocacy and support group based in London, Ont.

Last week, Ontario's chief justices raised concerns of their own by complaining about delays which run the risk of becoming "endemic."

'MATTER OF CONCERN'

"Child protection cases are among the most important cases in our court and it is a matter of concern that we do not as yet appear to have the ability to deal with all of them within optimal time frames," Brian Lennox, chief justice of the Ontario Court of Justice, said at the opening of the court's winter session.

He pointed to a 10% annual growth in the number of children in care by the province's Children's Aid Societies. Nearly 16,000 children were removed from their families last year, a 36% increase since 1997.

Other provinces, including British Columbia, Alberta and New Brunswick, have experienced similar explosions in the number of youth under government care.

GROWING POVERTY

The situation is being blamed on growing poverty and tougher legislation which makes it easier for the state to remove children and harder for families to reunite. Others point to a growing willingness to report cases and the reluctance of children's aid officials to leave kids in potentially dangerous situations.

"We've come a long way to help to address this problem," said Dan Miles, spokesman for John Baird, Ontario's minister of community and social services.

The province has increased funding to Children's Aid Societies by 130% since 1995, hired more front-line workers and toughened legislation.

"We've raised the awareness for looking out for any sign of abuse. That has contributed to a degree to the number of children taken into care," he said.