The NWT’s ombud says being able to investigate private businesses under the Child and Family Services Act would provide more oversight and match practices across Canada.
The territorial ombud office made one recommendation in its annual report: to extend its jurisdiction so it can investigate complaints involving childcare facilities as defined in legislation.
“This amendment would expand the ombud’s jurisdiction to allow investigations into complaints involving private contractors or individuals providing care to children under the Child and Family Services Act,” Krista Carnogursky, the NWT ombud, told MLAs during a public briefing this week.
Carnogursky said the ombud can currently investigate complaints about administrative fairness received directly from children or youth in foster care (and their legal guardians), or from foster parents in relation to decisions or actions taken by the child and family services division.
However, she said, the office is limited in the actions it can take if the complaint is about private businesses contracted through child and family services that provide support and services.
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“We definitely get some complaints where we can’t investigate, just because those organizations are outside our jurisdiction,” said Carnogursky.
The annual report said the ombud’s office received 23 complaints related to child and family services, accounting for 30 percent of all complaints related to health authorities and the health department.
Carnogursky also noted the minister could appoint the ombud to investigate things beyond their jurisdiction, meaning “if this change isn’t made right away, there is still an opportunity for an independent investigation from our office” into complaints related to contracted businesses under the Child and Family Services Act.
In response to concerns about independent services available to children and youth, the annual report said the ombud’s office has worked to inform children and youth about its services so they are empowered to make complaints about administrative fairness.
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Carnogursky said the GNWT has agreed to display pamphlets in schools and custodial centres, like the youth unit at the North Slave Correctional Complex, and hand them to foster parents. She said she will travel to schools this year to share information about the ombud’s office.
“I need to make sure our youth and young people know about their rights and the different avenues of recourse available to them,” she said.
During the briefing, MLAs asked Carnogursky how the ombud would work alongside a child and youth advocate, the creation of which has been proposed. Carnogursky clarified the ombud does not advocate for children and youth, only investigates complaints they bring forward.
She acknowledged there were “similarities” between the roles and there are other jurisdictions she can ask for advice if such a role is created in the NWT, where child and family services falls under the ombud’s authority.
The federal Office of the Auditor General released its latest report on the NWT’s child and family services in May, which found shortfalls in responses to allegations of abuse, contact with children and families, and the screening of foster homes.
Ahead of a debate in the Legislative Assembly on the report, one MLA said the NWT needs an independent child and youth advocate, while another MLA issued a similar call in February.
