May 8, 2020
Here in Ontario, we are entering week 7 of the quarantine. Additionally, the first week of May marks Children’s Mental Health Week. In daily briefings from our Premier, Doug Ford, we tend to hear about school and daycare closures quite frequently. However, the care of certain children in the province has not been spoken about in much detail at all, that is, children under orders from our various Children’s Aid Societies. To date there has been no direction from the government on how to handle access between parents and children within the child welfare system during the time of COVID-19.
In mid-March, there was an announcement from Ontario Courts stating that all family court matters scheduled up to May 29, 2020 would be adjourned for 8 – 12 weeks. Within domestic family law, Justice Pazaratz of the Ontario Superior Court offered some clarification for custody and access orders handled between parents. He began by noting the extraordinary times we are in, which may result in changes to daily lives and routines. However, he continued by saying, “in most situations there should be a presumption that existing parenting arrangements and schedules should continue, subject to whatever modifications may be necessary.” For example, changing from a public pick-up location to a residential street. He states, “None of us know how long this crisis is going to last. In many respects we are going to have to put our lives ‘on hold’ until COVID-19 is resolved. But children’s lives – and vitally important family relationships – cannot be placed ‘on hold’ indefinitely without risking serious emotional harm and upset.”
This is the conclusion drawn in the domestic family law sphere, yet simultaneously many Children’s Aid Societies, including the Children’s Aid Society of Toronto, were carrying out blanket policies that suspended in-person access with no clear timeline for when it may begin again. They claimed these policies were to prevent the spread of the virus. Closing public access centres during the pandemic makes sense, however these policies were also being applied to access taking place within family homes despite the measures around cleaning clothes or handwashing that families may take. This could not only be seen as disobeying court orders, but it also contravenes one of the most crucial elements of our family law system which is the weight ascribed to the Best Interests of the Child.
Before the pandemic, courts tended to presume that a child under a society order should have frequent, in-person access with their parents so as to maintain their bond. This is especially true for infants who need consistent in-person interaction in order to form attachments. Even when a child had been found in need of protection and permanently removed from parent’s care, access was to be granted in the best interests of that child. This is likely because, even within strained relationships, children often love and want to spend time with their parents.
During COVID, we are seeing children and parents within the child welfare system being told that they must put their relationships “on hold”. For parents, this can add tremendously to the anxiety they feel. Disproportionately parents who interact with the child welfare system live with precarious employment and mental health concerns. These are two issues that many Canadians are currently facing increased hardship around, imagine additionally not knowing when you may see your child again. Furthermore, we cannot ignore Justice Pazaratz’s comments in the domestic family law context and the adverse treatment towards parents interacting with the child welfare system. It creates distrust, harms relationships with Children’s Aid Societies, and causes stigma to enforce these blanket no-access policies. In essence, it tells parents that because they have contact with the child welfare system, despite efforts they could be making, they cannot be trusted with keeping their children healthy.
For children, not only can this be damaging to their relationship with their parents, but the separation can be damaging for a very long time. It cannot be ignored that Canada has a horrific past when it comes to separating children from their parents. Particularly, we saw the widespread removal of Indigenous children from their homes to residential schools and later to non-Indigenous families during the Sixties Scoop. Indigenous children are still heavily overrepresented in the child welfare system and thus are affected by these blanket policies. This is not to compare this pandemic to residential schooling in any way; however, we cannot hide from the past and need to learn from that history including trying to prevent the prolonged trauma that children can experience when they are separate from their parents.
The relationships between children and parents within the child welfare system cannot be treated as optional. The Children’s Aid Societies need to look at these relationships on a case-by-case basis. They need to make stronger attempts to uphold court orders where access has been granted. The fact is we are nearly two months into quarantine without a definite end in sight. This is already too long for many young children - think about summer vacation when you were six and how long that felt? This separation between parents and children cannot be prolonged because the trauma for both parties could last much longer.
- Manuela Morales
Manuela Morales graduated with an Honours Bachelor in Fine Arts in Photography Studies from Ryerson University. She recently obtained her Juris Doctor from Osgoode Hall Law School and is currently working towards the additional requirements for being called to the bar by the Law Society of Ontario. Manuela has a passion for advocating for women and children and, both lived and professional experience, in the prevention of violence against women. She hopes to pursue a legal career in child protection