Alleged abuse of kids in N.L. foster care went undetected due to ignored protocols, says report

Newfoundland and Labrador’s child and youth advocate says two children placed in foster care had their rights violated after procedures went unfollowed, allowing alleged abuse to go undetected.

According to a recently released report, Wilma MacInnis found the children — originally from an unnamed province in the report but later identified by the minister responsible as from Ontario — lived in N.L. for two years without proper oversight because required agreements were never finalized. Problems surrounding communication and monitoring of the children’s safety were also found, which resulted in their alleged abuse going unreported until 2023.

“We want to make sure there is focus on the rights of young people in our province, and that these situations don’t happen again, because it is certainly, totally unacceptable,” MacInnis told CBC Radio’s The St. John’s Morning Show.

MacInnis’s report outlines four recommendations for the province’s department of Social Supports and Well-Being to close the gaps found, like ensuring required agreements are signed and interprovincial co-ordinator roles are strengthened.

“We need to ensure that children who do need these services receive the proper protection,” said MacInnis.

What’s in the report?

The report found the two children had been in care in Ontario since birth and were trying to find them a permanent home. A couple in N.L. had shown interest in adopting the pair and the province was asked to assess them. However, during the process the couple changed their minds repeatedly.

WATCH | ‘We saw many of the rights of these young children were certainly contravened,’ says Wilma MacInnis:

Promises of change after damning report from child and youth advocate

A report from Newfoundland and Labrador’s child and youth advocate says processes not being followed and a lack of oversight led to the alleged abuse of two children in foster care going undetected. The CBC’s Cameron Kilfoy reports.

According to the report, the couple withdrew their application before coming back and withdrawing it again. This eventually led to the application being closed.

Even though the adoption process stopped, staff in the Ontario sent them to be fostered by the N.L. couple. Social services was meant to supervise the placement.

Typically, when a child in government care goes to another province, an interprovincial placement agreement (IPPA) is signed. However in this case the agreement was never completed. Adhering to that step, MacInnis said, is crucial.

“It sets out the roles and responsibilities of each province or territory when children are moving. That negotiation has to happen,” she said.

This led to the lack of monitoring, despite a social worker being assigned to the case. 

The report says there were 22 months where there was no contact between social workers and the children in the couple’s care. Because of this, warning signs were missed that could have indicated problems, said MacInnis.

Due to the lack of follow-up, Ontario decided to get involved to see where things were breaking down.

Eventually out-of-province social workers came and took the children for medical exams, which is when the children disclosed physical abuse.

MacInnis said they were immediately removed from the home and police became involved. Criminal charges of child maltreatment were laid. The report did not disclose the outcome of those charges.

“Our right is to keep them safe and protected… and make sure the placements are appropriate and provide the care,” said MacInnis.

What advocate wants to see happen now

MacInnis said the case has revealed flaws within the child-care protection system.

While her report has four recommendations for government, MacInnis also wants a full audit of communications between provincial and regional offices, statistical information and updates on interprovincial files.

“We need better tracking of requests when they come and we want to make sure that is happening between the province and the region. Once these requests come in, we want to ensure they are not only registered and finalized here,” said MacInnis.

The now-Opposition Liberals were in government for the period of the events covered in the report. A statement issued by the party Friday made no reference to that fact, while calling for action by the current government.

“We recognize the Department of Social Supports and Well-Being has taken some steps to improve communication and documentation, but these recommendations must be fully implemented to ensure children do not fall off the radar again,” it reads.

‘They were wronged,’ says minister

Social Supports and Well-Being Minister Joedy Wall said it was “troubling and upsetting” to read the report, making the point the actions pre-dated his time as minister.

He said social workers and the department in Newfoundland and Labrador failed to ensure the children were properly cared for and that the interprovincial agreement was in place. However, he also spoke to faults he sees elsewhere.

“This lies on the originating province not starting the work in the beginning,” he told Radio-Canada in an interview by phone Friday.

“I will be reaching out to my colleague in the provincial ministry in Ontario and I will be saying to him this can’t happen again,” he said, adding the province will be insisting on agreements settled and signed.

Prior to the release of the advocate’s report, Wall said the Government of Newfoundland and Labrador has already introduced a new interprovincial co-ordinator — a position dedicated to monitoring cross-border cases. He said there are 14 children and youth currently under the co-ordinator’s watch.

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