1873: Children's Protection Act - offered little protection of children

1954: Child Welfare Act - government now responsible for child welfare

1. Community-based partnership and co-location of services

2. Shared responsibility for assisting families and children in order to prevent child maltreatment

3. Early intervention preventative focus

4. Family-centered practice with child-centered outcomes

5. Accessibility of community services

1. 20,000 reports of child welfare and protection concerns

2. 9,000 new cases of child abuse/neglect

3. Has 5,000 children in care

4. Brings 700 children into care

5. Funds 2,000 family support services

6. Supports 3,000 foster carers

1. Families like it

2. Social Workers Support it

3. Less Court Involvement

4. Costs less in the long-run

1. A whole child/whole system approach

2. A focus on better outcomes

3. Engaging in Reflective Practice

4. To direct and evaluate services according to the points listed above

1. Interventions Fault-Finding and Inquisitorial

2. Confined to High-Risk cases

3. Many cases not solved and get worse

4. Focus on getting families through the system instead of helping families

1. Does away with Gotcha mentality

2. Applies to cases of low to moderate risk

3. Focuses on restoring family equilibrium

1. Does not focus on confirming abuse

2. Assumes parents want the best for their children

3. Focus on improving Family Functioning and Child Well-Being

1. Expressed Consent: from the patient orally or written

2. Implied Consent: implied from action or inaction e.g. rolls up sleeve for blood sample

3. Consent must be obtained prior to treatment

1. Person must have Capacity to Consent

2. Consent must be Informed

3. Consent must be Voluntary

1. Patient is Incapacitated and waiting could put patient at risk

2. Advanced Directive (e.g. Jehovah Witness - no blood) cannot be ignored even in emergency

3. A medical officer can enter a place if looking for communicable disease

4. Certificate Issued allowing apprehension, examination, detention, treatment e.g. SARS/Ebola

1. Advance Directives

2. Power of Attorney

3. Subsititute Decision Maker

1. Last will and testament

2. Instructional Directives e.g. specific treatments should/should not be given

3. Proxy Directive: designation of substitute decision maker

1. Courty Ordered Guardian

2. Power of Attorney

3. Representative appointed by Consent and Capacity Board

4. Spouse/Partner

1. Withholding or Withdrawal of Life Prolonging Treatment

2. Provision of Life Shortenting Treatment: pain medication can cause death

3. Assisted Suicide: helping a person commit suicide is a criminal offence

4. Euthanasia: prohibited under criminal code

Patient decides to end life with Assisted Suicide

Patient not able to decide to end life with Euthanasia

1. Privacy: individual right to control access to personal info

2. Confidentiality: organization obligated to protect personal info

3. Security: meaures put in places to protect personal info

4. Clinical Record: the patient's information is compiled in a facility

1. What specific information is being disclosed

2. Who is the information being discolsed to

3. What is the Purpose for the disclosure

Power given by a person to another person to act on their behalf

Should not have same Power of Attorney for Health and Financial matters

By The Consent and Capacity Board

Made up of Lawyers and Psychiatrists

1. Form/Type of Treatment

2. Management of Property

3. Admissions to a particular Facility

1. The Civil Liberties of individuals and the Lives they choose

2. Responsibility of Society to ensure the Well-Being of individuals who can't decide for themselves

3. Ensure the choices and behaviour of one individual do not compromise the safety and security of another

1960's: Deinstitutionalization to community based treatment with psychiatric beds in general hospitals

1970's: Shortage of beds and support for mentally ill clients

Mentally ill often ended up in unregulated boarding homes with little after care programs

1. Promoted Early Intervention by changing word "imminent" from imminent and serious bodily harm

2. Person could now choose to be treated in the community rather involuntary admittance to hospital - Community Treatment Orders (CTO)

1. Physiciain submit application for assessment and police bring patient to hospital

2. Judges Order

3. Mental Health Worker swears to Justice of Peace that person is a danger to self or others

*Usually person can only be held for 72-hours

The person is likely to cause harm to self or others

Voluntary patients can leave at any time

1. Patient must be informed of reaons for commitment

2. Patient must be given the opportunity for a Lawyer

3. Patient must have commitment reviewed

What was true about Involuntary Treatment before the 1960's?

A Community Treatment Order ("CTO") is a doctor's order for a person to receive treatment or care and supervision in the community.

The treatment or care and supervision is based on a community treatment plan which outlines the medications, medical appointments and other aspects of care the doctor believes is necessary to allow the person to live in the community rather than remain in the hospital

Non-compliance with CTO can result in the person being detained

1. Conditional Leave from Hospital: Can leave under conditions

2. Community Treatment Order: Plan to create a balanced system for services on a continuum of care

CTO: attempt to stop "revolving door"

CTO: reduce days in hospital

CTO: In Ontario CTO issued for 6-months and can be renewed

1. Mental Health Court Diversion

2. Fitness to Stand Trial

3. Mental Health Court

4. Criminal Responsibility

1. Must understand nature of proceedings

2. Must understand possible consequences

3. Must be able to Communication with Counsel

1998 in Toronto

2006 in Kitchener

1. Apply rules, regulations, and punishments appropriate for a person with a mental disorder

2. Have on-site assessments, duty counsel, separate cells, special judges and mental health workers

3. Patients must comply with treatment

1. A person can be found guilty, but Not Criminally Responsible

2. Review boards monitor the treatment and confinement of persons found NCR

3. NCR balances Fair Treatment of offender and Public Safety

1. To provide Guidance and Support to youth at risk of committing crime

2. To Rehabilitate you who commit crime

3. Reintegrate youth back into the community

4. To address Underlying Causes of youth crime

1. Deals with youth 12-17 - under 12 do not understand the consequences of behaviour

2. The Jurisdiction determined by age if handld by Ministry of Community and Social Services or  Ministry of Corrections

3. Hearings are in Family Division / Provincial Court

4. The Legislation is Federal

1. Diminished Capacity

2. Least Intrusive Option

3. Open Custody

4. Closed Custody

5. Dispositions

Young offenders may be found by a psychiatric evaluation not capable of controlling thier behaviour

Treatment can then be ordered e.g. counseling, medication

1. Absolute Discharge

2. Community Service

3. Probabtion (most commonly used)

4. Restorative Justice (informal and non-adjudicative)

1. attempts to Restore victims to pre-offence state, financially and

psychologically

2. Restoring offenders of law-abiding citizens

3. Mutually agreeable restitution for community compensation

1. High levels of victim/offender satisfaction

2. Greater likelihood of completed restitution

3. Reduced fear of victims

4. Reduced severity of further criminal behaviour

1. All young offenders must be informed of their rights and freedoms

2. Young offenders entitled to sentence that is least intrusive

3. Rehabilitation should be core of treatment

4. Must respond to special needs of young offenders e.g. mental health, disabilities

1. Parents must be notified of court hearings and charges of their child

2. Records destroyed after Five-Years

3. Provinces administer YCJA differently

What is Police Discretion in YCJA?

1. Take no further action - hand over to parents

2. Issue Informal Warning

3. Issue Formal Caution e.g. letter

4.  Community program with parents consent

Examples of extrajudicial sanctions include volunteer work, compensating the victim, and attending specialized programs.

Unlike the other forms of extrajudicial measures, which are used as an alternative to laying charges, extrajudicial sanctions can be imposed either before or after a young person is charged with an offence

Informal Plan for young offender and includes:

1. Extrajudicial Measures

2. Conditions for Release i.e Curfew, School Attendence

3. Sentences

4. Reintegration Plans

1. Serious violent offence intended to cause bodily harm

2. Non-compliance with previous sentence

3. Crime committed serious enough that an adult would go to prison and has been found guilty of a previous crime

4. Exceptional cases i.e. homicide

1. Deferred Custody and Supervision: served in community for max of 6-months

2. Piggy Back Orders: Two orders in one i.e. detention and then probation

3. Intensive Rehabilitative Custody and Supervision: murder, sexual assault or serious mental disorder

1. Keep the Peace and Good Behaviour

2. Report to Probation Officer upon release

3. Report of any changes of address, employment, financial situation or eduction

4. Not to own/possess a Firearm

1. Presumptive "a" offences: murder, attempted murder, manslaughter, aggravated assault - Crown does not need to make request

2. Presumptive "b" offences: repeat serious violent offences i.e. bullying that results in suicide - Crown makes request

3. Non-Presumptive offences: When adult would receive more than 2-years - Crown makes request

1. Absolute Discharge: destroyed one year after guilty verdict

2. Conditional Discharge: destroyed three years after guilty verdict

3. Indictable Offence: destroyed five years after sentence completed

4. Presumptive Offence: may not be destroyed

1. Family Class Immigrants

2. Economic Class Immigrants

3. Regfugees

1. Family Class

2. Economic Class

3. Canadian Class

Can be sponsored by and eligible Canadian citizen/permanent resident over the age of 18

1. In Jail

2. Facing Bankruptcy

3. Defaulted on court ordered support payments

4. On Social Assistance other than disability

1. A spouse, common-law or conjugal partner

2. A dependent child

3. Parents or Grandparents

4. An orphaned child under 18 who is a brother, sister, niece, nephew or grandchild

1. Spouse, common-law, conjugal partner for 3-years

2. Dependent children under 22 for 10-years or until age 25

3. Support dependent children over 22 for 3-years

Support includes: Housing, Clothing, Food, Financial Resources

Sponsorship Agreement: sponsor agrees to support and sponsoree agrees to make best efforts to become self-supporting

Immigrants selected due to trade skills that help Canadian economy and includes:

1. Skilled Workers

2. Investors

3. Entrepreneurs

4. Self-employed persons

Assessed on points system that covers education, language, work experience, age, arranged employment

Processed Quicker if:

1. Has Offer of Employment

2. Has been in Canada for 1-year as a temp resident or student

3. Has 1-year experience in one of 38 indentified occupations

4th

The 3 places with bigger populations are Montreal, Toronto, and Vancouver

1. Must meet defined experience and regulations of business experience

2. Have a legal Net Worth of $800,000

3. Has Invested $400,000 in Canada

a) family Class immigrants

b) economic class immigrants

c) refugees

1. Must show proof that they have managed equity in a business for 2-years and within the last 5-years

2. Has a legal net worth of $300,000

3. Create full-time job/jobs for Canadians within 3-years

1. is in jail

2. is facing criminal chargers or removal from Canada

3. facing bankruptcy

4. owe money to Citizenship and Immigration

5. is in default of court-ordered support payments

6. has not repaid previous social assistance benefits of past sponsorship

7. has been convicted of sexual assault or other criminal offense.

8. is on social assistance other than disability

Is a new class created in September 2008 for temporary foreign workers and/or foreign student graduates

Applicants Must:

1. Be a temporary foreign skilled worker with 2 years Canadian experience

2. Is a Post-Secondary Canadian graduate with 1-year experience

3. Have gained Canadian experience in work or study

1. spouse

2. dependant child(including adopted)

3. child under 18 to be adopted in Canada

4. parents of grandparents

5. orphaned child under 18 who is brother, sister, neice, nephew, or grandchild

6. another relative if no one else in the world can sponsor

must show legal documants of relationship

cannot be engaged

applicant much also speak to financially dependant children under 22 yrs.

a)sign an Undertaking with the Minister of Citizenship

b)support spouse/common-law/conjugal partner for 3 years

c)support dependant children under 22 years for 10 yrs. or until age 25

d) support dependant children 22+yrs for 3 yrs

e) all of ther family members, including their dependant children for 10 yrs.

support includes food, housing, clothing, financial resources

may also sign a sponsorship agreement: sponsor agrees to support and sponsoree agrees to make best efforts to become self supporting

There immigrants are selected due to trade skills that will help the Canadian economy.

1. skilled workers

2. Investors

3. Entrepreneurs

4. self-employed persons

5. Canadian Experience Class

1. Must pass social welfare, international and immigration laws

2. Often need prior authorization

3. Cooridinated by The Child, Family and Community Division of Human Resources Development Canada

since 2008-certain skilled trademen can be processed quicker is the applicant has:

1. an offer of employment

2. beein in Canada for 1 yr. as a temporary resident/student

3. one yr. experience in one of the 38 identified occupations 

**they can be processed in 6 months- 1 yr as opposed to, up to 6 years

they must have:

1. business experience as defined in the regulations

2. legal net worth of $800,000

3. invested $400,000 (Canadian) before recieving a visa

1. Explotation of Women

2. Must pay between $10,000-$15,000

3. Are sponored under Family Class - Power Imbalance, but woman has legal protection under Immigration Law

Must have:

1. proof they have managed/controlled equity of business for 2 yrs. minimum in last 5 years

2.  Have a legal net worth of at least $300,000 (Canadian)

3. intend to manage/control 33 1/3 of a qualifing business

4. creat full time jobs for Canadian/permanent resident in 3 years

1. Many women are denied immigration to Canada, which causes trafficking of women

2. Often come as exotic dancers with no idea of reality of their situation

3. Club owners seize passports, threaten deportation and use physical and sexual violence

New in 2008

for temporary foreign workers and foreign student graduates

applicants experience is a key factor in selection

applicant must:

be a temporary foreign skilled worker with 2 yrs Canadian experience

a Canadian post secondary graduate with 1 yr. experience

have gained Canadian experience with work or study

**Can apply while working in Canada or within one year of leaving a Canadian job

Sponsorees are permanent residents

Can only be deported if: commit serious crime, arrived under fraudulent circumstances or failed to keep residency obligations

What does OW stand for and who manages it?

• Ontario Works
• managed by the Ministry of Community and Social Services (MCSS)

1. to recognize individual responsibility and promote sel-relieance through employment
2. to provide temporay financial assistance to those most in need while they satisfy obligations to become and stay employed
3. to provide effective service for people needing assistance
4. to be accountable to the tacpayers of Ontario

1. provide information and eligibility (no longer just about a "cheque", they must complete different programs; ie, resume workshops)
2. support clients in the application process (lengthy process)
3. advocate on clients' behalf (for benefits)

• test prior ro access to benefits
• must have no other means to probide for basic needs
• program is only to pay for basic subsistence needs (ie, food and housing)
• person is investigated for such things as RRSP's, support entitlements, housing subsidies, etc; if person is entitles to payments from other sources, they may have to pay back OW benifits

• Ontario resident and must apply in own municiplaity (funded by provinvial and federal government, but administered by muncicpality)
• 18+ years old - or 16-17 years old if decleared an independent minor and must be in school ot LEAP
• must have a fixed address
• income/assets cut off
• employment activities (ie, very low income, high child care costs)

• benefit payable to person who is providing a home for a child whom he/she had no legal obligation (ie, kinship or friend)
• benefits payable until child reaches 18 but must pursue child support from child's parents
• based on the income of the child, not the caregiver 

• family size
• age of dependents
• housing costs (rent, taxes, insurance, hydro, water/sewage, etc)
• location (city = higher benefit than rual)
• special diet due to health problems

• basic allowance
• shelter
• special diet
• dental/vision for dependent children
• extended health benefits
• employment transition benefit
• other employment benefit
• upfront child care costs

A benefit that is no longer available - it was used for people needed help with moving to a new place, up to $1600.

• abusive situations (can't afford to move on own)
• people leaving prison (no money for a place to rent)
• people kicked out of their house

Benefits at the discretion of the worker that can include;

• other health items (ie, hearing aids)
• furniture/appliances (money or vouchers)
• adult dental services
• prosthetics
• funeral/burial
• special services like ID purchase, utility arrears, adult vision care

Yes, up to $200 per month. After that, every dollar earned/revieved is subtracted from the amount to which the participant is eligible. 

Modest earnings receoved from a job are subtracted at 50%.

Stage 1

• phone intake where information is given (ie, the process, documents needed, pre-screening for eligibility)
• appointment is set for an in-person interview

Stage 2;

*allowed to receive emergency assistance while gathering all documention (if denied, it must be repaid)*

• employment strategies information session - make a plan to return to work 
• completion of a participation agreement and rest of application
• verification of information gathered
• regquest for additional information
• signing all forms 

• Peson can request internal review/appeal - must be done in 10 days
• can request interim assistance (must pay back if denied)

• they can go to Social Benefits Tribunal (STB) - must have written submissions within 10 days of appeal denial
• if hearing is scheduled, applicant must attend or there is an automatic denial for 2 years

Yes, if participant;

• is away for more than 7 days without notice
• acquires/earns income over eligibility thresholds
• stops complying with program requirements

*agreement updated every 3 months

*parent can be discontinued but child under 16 years old are still eligible 

Ontario Disability Support Program

• designed to provide income assistance to adult Ontario residents who, because of long-term health problems or disabilities, are unable to earn enough income from employment to cover basic needs"
• administered/regualted by Ministry of Community and Social Services (MCSS); funded by provincal government

Must be;

• 18+ years old
• Ontario resident
• meet threshold for financial need
• suffer from a substantia physical or mental impairment that is either continuous or recurrent and expected to last for a year or more

• some participants have job modifications
• program is voluntary with no obligation to achieve self sufficiency
• recipients report monthly
• income is deducted at 50%
• may claim child care up to $600 per month, per child
• may claim up to $300/mth for disability related equipment or services needed for work
• may claim up to $100/mth for work related transportation or clothing
• may claim community start up and maintenance benefit to move or keep housing

1. Has made previous claim

2. Is a refugee of another country i.e. United States

3. Came to Canada from a designated "safe third country" i.e. United States

4. Security risk: criminal, human rights violations

1. Port of Entry

2. Immigration Office

Requirements:

1. Well Founed Fear: if they return to home country will likely be persecuted

2. Targeted Persecution of the Person e.g. will be tortured

3. Persecution on a Specified Ground: i.e. race, religion, belief etc

4. State Unable to Protect

May not meet UN Convention definition, but is deserving of refugee status according to Canadian law

Includes person who face risk of torture, risk to life, risk of cruel or unusual punishment

Federal Court of Canada

SSW must be aware of trauma of claimant telling stories of abuse and degradation

1. Claimant brought through a formal referral from the United Nations High Commission for Refugees

2. In Canada can receive support from Government (one year) or Private Groups (one to three Years)

3. Example of a Private Group: Mennonite Central Committee (on exam)

1. Meet criteria for Convention refugee

2. No other solution

3. Country of Asylum Class i.e. affected by civil war

4. Sponsored by Government or Private Group

1. Can take longer than 2-years

2. Urgent cases receive priority

3. Often become Permanent residents upon arrival

1. Rights guaranteed under Canadian Charter of Rights and Freedoms

2. Must accumulate 2-years of physical presence in Canada within a 5-year period

3. Takes into account Humanitarian/Compassionate concerns i.e. best interests of child, absence due to family illness

1. Convicted of offence punishable 10-years or Federal offence punishable by 6-months

2. Failure to follow procedures i.e. 2-year presence in Canada

1. If you or parents born in Canada

2. Other applicants must be Permanent Residents, 18+, Lived in Canada for 3 of 4 years preceding request

1. Under Deportation Order

2. On Probation or Parole

3. In Prison

4. Security Risk

The Minister of Citizenship

The Minister can also revoke citizenship if satisfied is was obtained in fraudulent manner