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Plecas Review Report Part One
Plecas Review Report Part One
BOB
PLECAS
VICTORIA,
BC
December 4, 2015
Dear Minister Cadieux,
On July 24, 2015, the government announced it intended to conduct an independent review of
the circumstances surrounding the J.P. case. On August 7, 2015 I was designated by you as a
Director pursuant to s. 91 of the Child, Family and Community Service Act (the CFCS Act) for
the purposes of conducting this review. The original deadline for the production of a final report
was October 13, 2015.
My original Terms of Reference stated the following objectives:
1. Assess if the child protection practice and actions taken by ministry staff, supervisors,
and legal counsel contracted to represent the Director under the Child, Family and
Community Service Act (CFCSA) were consistent with legislation, policies and standards
during the Ministry of Children and Family Developments (the ministry) contact with the
family during 2009 to 2012;
2. In the context of the J.P. case, particular focus will be given to when a child protection
matter also involves private custody and access issues between parents, particularly
when there are applications, proceedings, or orders involving the provincial court and
Supreme Court of British Columbia;
3. Examination of the ministrys legislation, policies, standards and practice to provide the
appropriate degree of guidance with respect to child protection practice in cases
involving custody and access disputes, including orders from the provincial court and
Supreme Court of British Columbia and/or Acts; and
4. Provide recommendations to improve the ministrys practice, policies and standards.
On August 7, the Province of BC appealed the ruling in the J.P. case to the Appeal Court of BC.
This matter remains before the Court.
A number of events intervened to prevent me from meeting the timeframes set out in the original
Terms of Reference, most significantly, proceedings before the Information and Privacy
Commissioner and the Supreme Court of British Columbia, which sought to restrict our access
to records associated with the J.P. case. Those matters have now been decided in a manner
that permits full access to the materials but unfortunately, our child protection expert Dr.
Deborah Goodmans professional commitments prevent her from providing her input into
specifics of the case until next spring.
My Terms of Reference were accordingly amended on October 9 (see Appendix 1). Paragraph
1 from the original Terms of Reference was amended to read:
1. Examine the child protection legislation, policy, standards and practice and actions taken
in the J.P. case by ministry staff, supervisors and legal counsel, contracted to represent
the Director, under the Child, Family and Community Service Act (CFCSA) and provide
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prospective recommendations regarding how any errors or omissions evident in the case
can best be minimized or avoided in future child protection matters
The following was added to my deliverables:
It is pursuant to the October 9 amended Terms of Reference that I conducted this phase of my
review.
On November 9, 2015 I wrote recommending my interim report be submitted on December 4,
2015 and made public on December 15, 2015. This would enable my interim findings to be
considered in the government's planning cycle for next year. On November 30, 2015 you
agreed.
As mentioned, a final report will be available in spring 2016, as Chief Justice Hinksons October
28 decision1 confirmed our ability to complete a full report. This is an unfortunate result of
delays caused by numerous tribunal and court interventions. However, we turned the problems
caused by the delays into an opportunity. We considered the basic issues raised in the J.P.
case as an aggregated case study and this allowed us to proceed with a broader review of the
Ministry as it was during the case and as it is today, thereby meeting those sections of our
Terms of Reference.
Minister, this has been a stop-and-go review project due to many emotions running high and
various legal proceedings, but I am comfortable in advising you that I think we have met the
requirements of the Terms of Reference with this report, to be followed by a final report to
complete the project.
I therefore submit my report with great respect.
Yours truly,
Bob Plecas
1
J.P.
v.
Plecas
[2015
BCSC
1962]
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Preface
I have reviewed many of the reports on child welfare in British Columbia that have been written
over the last twenty years. I have focused on a few key ones: the Report of the Gove Inquiry
into Child Protection in British Columbia (the Gove Report), 1995; the BC Children and Youth
Report (the Hughes Report), 2006; and the 29 reports that have been issued by British
Columbias Representative for Children and Youth (the Representative). One becomes
accustomed to the style.
The authors of the reports above are all lawyers and judges. They examine evidence and make
judgments. My grandfather used to say if your watch is broken you have two choices: take it to
a lawyer if you want to sue the watch company, or take it to a jeweler if you want to get it back
running on time. My experience is more like a jewelers, but a jeweler who fixes complicated
government organizations.
This independent review will look and read differently than earlier reports; more like advice from
a management consultant. I will provide advice which can be accepted or rejected; advice that
is given with consideration of the overall public, political and administrative environment that the
Ministry of Children and Family Development (MCFD) works within.
I would like to provide some context that I think illustrates the challenge government must
address as it considers my advice. In the days immediately preceding delivery of this report, the
media described a report issued by the First Call Coalition, calling on the province to develop an
anti-poverty strategy for children in BC. This would require leadership and the investment of
resources in other words, the spending of tax dollars. This call was released on the same day
that the Minister of Finance announced a dramatic decrease in tax revenues from natural gas.
BC is a small open economy and issues such as these are inextricably linked. In my view, too
many reports just make recommendations and expect government to find the money to
implement them. I used to oversee the administration of the legislative buildings and I can
attest that there is no printing press for dollars hidden in the basement. If economic growth was
at 5 per cent per annum, there would be lots of money to spend on programs, but that is not the
case. So choices must be made.
I can assure the reader that this will not colour my advice, but my advice will not be made in a
vacuum ignoring the tough decisions that are required.
I have been fortunate in assembling a team with about 200 years in administrative experience in
child welfare, law and business. Their short resumes are included as Appendix 2.
In particular I must thank the Child Welfare League of Canada for recommending the services of
one of Canada's leading experts in child welfare matters, Dr. Deborah Goodman, to participate
on our team. She has provided wise counsel in many areas, and will be of great assistance in
the specific case review that will be completed in the spring of 2016.
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The report could not have been written without the able advice of this team.
Nor could it have been written without the advice of the front line workers, team leaders, MCFD
After Hours staff, and executive members who gave their frank advice; or the wise counsel of
BCGEU President Stephanie Smith, the officers of the Vancouver Police Department (VPD) led
by Deputy Chief Doug LePard, who I will speak about in more detail in the next phase of my
report. I also benefitted, as I have in the past, from the advice and insights of two wise men
Ted Hughes and Ed John.
However, the views, conclusions and advice that are set out in this report are, at the end of the
day, mine.
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Table of Contents
Preface..........................................................................................................................................iii
1.0 Summary of the case ............................................................................................................. 1
2.0 Overview ................................................................................................................................ 2
3.0 Realities of Child Protection in BC ......................................................................................... 8
4.0 Observations........................................................................................................................ 11
A. Internal Factors............................................................................................................. 11
4.1 Management Model...................................................................................................... 11
4.2 Change and Stability .................................................................................................... 13
4.2.1 Lack of consistent leadership ............................................................................ 14
4.2.2 Significant structural changes ........................................................................... 15
4.2.3 Policy and Practice Changes ............................................................................ 16
4.3 Staffing Levels and Models .......................................................................................... 18
4.3.1 Staffing Model ................................................................................................... 18
4.3.2 Equity Funding Model........................................................................................ 20
4.3.3 The Office of the Provincial Director of Child Welfare ....................................... 21
4.4 Program funding ........................................................................................................... 22
4.5 Quality Assurance and Oversight ................................................................................. 25
4.6 Training and Development ........................................................................................... 27
4.6.1 Investigative Practices....................................................................................... 30
4.6.2 Technology........................................................................................................ 31
Summary of Internal Factors................................................................................................ 32
B. External Factors ........................................................................................................... 33
4.7 Child Protections Legal Context .................................................................................. 33
4.7.1 Contract counsel ............................................................................................... 34
4.8 External oversight......................................................................................................... 35
4.8.1 A culture of blame ............................................................................................. 38
4.9 Political trends and implications ................................................................................... 38
Summary of External Factors .............................................................................................. 41
5.0 Where to From Here ............................................................................................................ 42
5.1 Management Model...................................................................................................... 45
5.2 Staffing ......................................................................................................................... 45
5.3 Program restoration...................................................................................................... 46
5.4 Professional decision making and professional growth................................................ 47
5.5 Policy and practice ....................................................................................................... 48
5.6 Quality assurance......................................................................................................... 48
5.7 Oversight ...................................................................................................................... 49
5.8 Financial implications ................................................................................................... 50
6.0 Final Thoughts ..................................................................................................................... 50
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Appendices ................................................................................................................................. 52
Appendix 1: Terms of Reference ....................................................................................... 53
Appendix 2: Review Team - short resumes ....................................................................... 55
Appendix 3: MCFD Senior Leadership, 1996-present ...................................................... 59
Appendix 4: Characteristics and Components of a CQI system ........................................ 60
Appendix 5: Participants in this review............................................................................... 61
Select Bibliography ..................................................................................................................... 62
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The issue that gave rise to this review was the J.P. case, where the conduct of child protection
social workers employed by MCFD was sharply criticized by Mr. Justice Walker of the Supreme
Court of BC who presided over a lengthy high-conflict matrimonial and child custody trial under
the Family Relations Act (see: 2012 BCSC 938). This was followed by a similarly lengthy civil
action brought by J.P., seeking damages for negligence, breach of the standard of care
expected of social workers in child protection matters, breach of fiduciary duties and
misfeasance in public office (see: 2015 BCSC 1216).
Justice Walker made adverse comments regarding the way MCFD staff and others carried out
their respective responsibilities throughout the course of their involvement with J.P., her
estranged husband and the familys four children who were removed by the Ministry, pursuant
to an order under the Child, Family and Community Service Act made by a judge of the
Provincial Court of BC on December 30, 2009. He found that the Director of Child Protection
and MCFD social workers had:
Justice Walkers July, 2015 judgment is now subject to an appeal that will be heard in the
coming months by the British Columbia Court of Appeal. As noted earlier, the circumstances
associated with the involvement of MCFD staff, and others, with the J.P. matter will be the
subject of a comprehensive file review to be completed in the spring.
The J.P. cases characteristics have been considered as if they were the aggregated findings of
several cases. This has allowed me to look at MCFDs policy, practice and legislation during
the period of the case to be reviewed, against what it looks like today. This report will also
address the general context regarding the scope of investigations, interaction with other
investigative agencies, and factors that should be considered in addressing the implications of
inconsistent judicial orders in multiple proceedings.
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2.0
Overview
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The family safety net, which in simpler times included neighbours, siblings, parents,
caregivers and others has come, in our urbanized modern society, to mean government
responsibility. Program after program tries to respond to these crisis, but we will always
fail at the margins because no government can design enough new programs to keep up
with modern reality.
But we did learn that we can design intervention systems that will dramatically impact this
reality....
There are three things that make up any transition plan: money, people and time.
More money and people are often useful, but in this case, time is what is needed. Time to
change the culture. Not only of the Ministry, but of the public, the community. It does take
a village to raise a child.
And time is what you may not be given. A year from now the system will be improved, but
it will still fail: some children will be abused and die.
A year after that, even with children's issues being given the priority of health care and
education, the system will improve, but some children will still be abused and die.
For this is the way of modern society, and only with a magnificent effort together could we
change it, if then. Make it better yes. Stop it no. What level is acceptable? None!
But unachievable. But with children, our future, our hope must always exceed our reach.
This is what our soul searching review of internal policy and practice has produced.
Eighteen years have passed since I penned those words. I could have written them yesterday.
MCFD has always attracted a special kind of person to deliver these services in what I believe is
one of the toughest jobs in government. Imagine going to work every day bearing the burden of
knowing that, by end of your shift, you could be taking your neighbours children away and
putting them into care. Or visiting a house that is dangerous, dirty and ill-kept by parents who
are using drugs and are resentful of society and the government you represent. Your job is to
help children and parents stay together by providing them with supports, but you know that if
you leave the kids there they are possibly in danger. One parent is swearing at you, and one is
begging you to not take the kids, and you must decide to remove the kids or leave them with
dysfunctional parents who, for better or worse, are the only family they know.
It is not a surprise that human mistakes occur in such a system. I am surprised, however, that
when a mistake occurs, it is the fourth level of responsibility, the level that follows family,
extended family, and community government which becomes the focus of responsibility and
failure. If a tragedy occurs, front line child protection decision makers are the ones whose
"heads must roll."
Any child abuse or death is a tragedy. Our society long ago agreed that we must work to
prevent child abuse, but often we have extended this idea to a view that it is possible to prevent
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all children from either suffering abuse or dying as a result of abuse and neglect. I think we
must recognize that, in spite of best intentions, this is a myth.
It is also important to recognize that despite the perceptions of some, MCFD is not in shambles.
To be sure, there are problems, many of which are amplified by a relatively small number of
high profile and tragic cases, where one-off mistakes are compounded or stack up over time,
and are then dramatized in the media or through public reports. But I am convinced that we are
not well served by a system where fear constantly underlies every workers day a fear bred by
what I would describe as a culture of relentless accusation.
Every year, MCFDs 1,200 child protection workers receive around 37,000 reports that a child is
in need of protection. Of these, approximately 64 kids go into care for child protection reasons
every week. About three quarters of these admissions to care are by court order, the balance by
agreement with parents. At the same time, about 83 children and youth are discharged from
care, 15 because they have reached the age of majority at 19. The remainder return to the care
of their parents or other guardians. As a result, there are approximately 7,200 children and
youth in care today.
Where are the stories about all the successes that go along with the work that MCFD does? I
know they are there, but they do not exist in the public debate about MCFD. And yet, the
Ministry provides a very wide range of services in a highly professional and personal manner to
many of BCs families. Here are just a few examples from last year:
More than 28,000 clients seen by Child and Youth Mental Health Services in 2014/15;
Approximately 42,000 children from more than 29,000 families received a subsidy from
the Child Care Subsidy Program in 2014/15;
The Autism Funding program caseload served 10,823 children and youth in 2014/15;
and
The At Home Medical Benefits provided products and benefits to 3,237 children in March
2014/15.
Despite the broad scope of MCFDs responsibilities, in the public mind the essence of the
Ministry is child protection. It is from these cases that public perceptions are born. It is worth
repeating that a large majority of these cases are dealt with effectively and appropriately. But
when one of them goes public, the front line and senior staff are blamed. In the past, senior
staff were fired, often in a case where they had no direct involvement or control.
How do they sleep at night? Poorly.
The most difficult cases are created through a potent mix of one or many of the following:
substance abuse, poverty, violence and abuse, poor parenting, court procedure missteps and
human misjudgements. Tragedy may strike, and following one of these events the public looks
for someone to blame. This does not happen with every child abuse case or child death, and
fortunately and relatively speaking, they are not common. But one is one too many.
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Let me be very clear: social workers should not be absolved from discipline or court processes
when professional codes are violated. Just like other professions doctors, lawyers, nurses,
engineers the people who work on the front line as professional social workers expect to be
held accountable for their actions.
And like other professions, their mistakes some honest and some less so must be reviewed
to ensure quality and to impose sanctions if required, so that the public is able to have
confidence in the service. But we must separate mistakes from professional misconduct, and
we must treat them differently.
Here, there is a paradox.
Currently, the child welfare system does not have a rigorous performance appraisal system in
place, and does not define what good practice and good performance are in terms of
expectations for outputs or outcomes.
On the other hand, the reality of a case manager's public exposure and personal humiliation is a
stronger penalty although clearly not anywhere near the order of magnitude of the child who is
impacted by the mistake. These cases are isolated but dramatic because it is most often not
when one mistake is made, but a cascading phenomenon caused by a series of mistakes.
MCFD started its life in 1996, based a high profile case, and the subsequent report and
recommendations from Judge Tom Gove. Ten years later, after another high profile, difficult
case, the then Minister felt the Ministry would benefit from another course correction. He
appointed Ted Hughes to conduct an independent review. The Hughes Report laid out the
seminal blue print for success and it was, quite rightly, unanimously supported by both sides of
the Legislature.
But, I believe, the Premier's office felt these prescriptive recommendations alone would not
break the mold and address the core challenges of the Ministry. The senior political leadership
was apparently persuaded that government should adopt a fresh, new holistic approach: one
that looked to a theoretical model of child welfare delivery that was being promoted in other
jurisdictions in the USA and Canada. To implement these changes, a new Deputy Minister was
appointed, a person with a reputation as a practice expert, but someone with perhaps more
modest experience in directing the work of large organizations. The reasoning behind this move
was that the theoretical model, when applied to service delivery, would transform MCFD and
result in even better outcomes than Mr. Hughes had recommended. The approach became
known within MCFD as the Transformation initiative.
The idea was topical and there were high hopes for the value of Transformation. Although an
action plan was in place by July 2007, it remained very high level and did not specify actions
that could be implemented. The Transformation initiative staggered on, stopping, starting and
changing direction. The absence of clarity of direction generated substantial chaos and, while
the Representative made considerable efforts to raise concerns that the initiative was failing,
Cabinet and the Premier's office believed the narrative from the Deputy that the program was
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going according to plan. There was no appreciation of the challenge of managing this change in
a Ministry that had been in business for decades, with a culture that may have liked the theory
but had neither the clear practical direction, nor the time or resources to implement it. Repeated
attempts were made to take the "action plan" and turn it into an implementation plan, but even
this was abandoned in January 2008 leaving nothing for the field to put into place.
Throughout this time, the Ministry was being driven on the one hand to implement the Hughes
Report recommendations, and the other to implement Transformation. Conflicting direction from
head office always creates confusion and failure throughout an organization. Only the ability of
front line staff to keep their heads down, protect the kids in their care, and do what they could to
keep going all the while continuing to build community partnerships kept the Ministry afloat.
Critically, as MCFD was pushed and pulled between conflicting visions, it was also completely
de-centralized, including the delegation of child welfare responsibilities. For a period of time
there was not only no Provincial Director of Child Welfare but also no capacity to sufficiently
carry out the oversight responsibilities associated with that office. This dance between head
office and the field only exacerbated the general confusion that characterized the entire
operations of the Ministry. Ultimately, Transformation was lost in translation.
In 2011, the Ministry turned a corner with a return to a more traditional and centralized model.
Once again, there was a change in leadership with government calling on the skills of an
experienced public servant as Deputy who did much to restore clarity, a trajectory that continues
under the current administration. In 2015 MCFD is, in my view, finally finding its feet again, but
twenty years after its formation the Ministry continues to struggle, not equipped for this century,
and in need of repair. There clearly remains a fair distance to go.
A number of issues continue to exacerbate the challenges that MCFD faces. These are
described in greater detail in the Observations section of this report, and include the following:
Challenges in recruiting and retaining appropriately trained front line child protection
staff;
A management model that does not include informing senior leadership about difficult
cases until it is too late;
Inconsistency and lack of direction regarding advice and direction from outside legal
counsel; and
A Quality Assurance model that does not effectively translate the data it collects into
clear direction for staff.
To build an effective child welfare system, all of these issues need to be addressed in a
coordinated, planned process, over time and with long term solutions built on good planning,
staff buy-in, periodic adjustments, commitment and appropriate resources from government.
British Columbia does not lend itself to cookie cutter outcomes because of its significant
regional differences, and it is appropriate that decisions be made as close as possible to where
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the client is. However, a solid core of dependable practice, standards, outcomes, quality
assurance and audits including for delegated Aboriginal agencies must be in place if we are
to deliver consistent outcomes. And there are clearly some basic outcomes that we must see
across the province. The core of the Ministrys business is about keeping kids safe and looking
after them if they have to enter care. That doesnt change from place to place.
The problems I articulate in this report cannot be solved only with good, well-intentioned
recommendations, or by brilliant top-down direction, or by changes in senior administration, or
by theoretical models that fashion themselves as silver bullets.
More than 1,000
recommendations have been directed towards MCFD since it came into being. Despite all of
these efforts, we continue to find a Ministry facing very similar challenges as those described 20
years ago in the Gove Report and ten years later in the Hughes Report.
There is a lesson here, illustrated by a quote often attributed to Einstein: Insanity is doing the
same thing over and over again and expecting different results.
MCFD does a good job on the vast majority of cases in a rapidly changing world. But it has
broken pieces because there have been too many changes for any organization to survive and
be stable, and it has been slowly starved of the resources it needs to do its work.
As long as we have child poverty, inter-generational dependence on government, high
unemployment, substance abuse and dependence, individuals with untreated, undiagnosed and
recurring mental health problems, and communities that pay lip service to the concept of family
and neighbours, we will always have an individual, most often as a family, or extended family
member in a position of power, to abuse, and sometimes kill weaker members of society. Too
often our children are the victims.
If we could walk a mile in the front line social workers shoes, to ride in Car 86 with a child
protection social worker and a police officer, or spend a night with After Hours staff, or drive five
hours to a remote community only to be denied access to the home or reserve, or attend at a
home of a neighbour and have to remove their child because of violent threats, or be 24 years
old and have to tell a 40 year old who is drunk and using drugs that they must stop and instead
ensure that their children's clothes are washed and food is regularly on the table - all the while
fearing for their own personal safety - we might begin to understand the job.
Imagine trying to do that job every single day with the Sword of Damocles hanging over your
head: make a mistake or an error in judgement and the consequences may not only impact the
safety of a child, but also leave you and your family pilloried and shamed in the public's mind.
Most of us, including myself, would not take it for a day.
calling.
Collectively, we need to move beyond the blame game and to provide the required leadership
for a successful plan. That leadership, in my view, starts with the elected Members of the
Legislature in Victoria.
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3.0
British Columbia, like many other jurisdictions, began to develop an organized child welfare
system in the early part of the 20th Century. Gradually over time, as happened in most other
places in the West, the system of protecting children became more professional, more
organized and much more effective.
By the late 1980s, there was a consensus within the Ministry that its legislation badly needed
overhauling. In 1992, a team of Ministry staff, contractors and panel members toured the
province in what was described as the largest public consultation exercise to date on child
welfare issues, and comprehensive new child welfare legislation was introduced in the
Legislature in 1994, and came into force in 1996.
At almost the same moment that the legislation was tabled, a criminal hearing was underway in
Vancouver: the trial of Verna Vaudreuil for the murder of her young son Matthew created a
media and political storm. The events that followed are well known - the appointment of Judge
Thomas Gove as an Inquiry Commissioner, scathing media coverage of the public testimony, a
damning Inquiry report, the appointment of a transition commissioner to oversee the
implementation of the report, the appointment of a childrens commissioner, and the creation of
MCFD.
It is worth reminding ourselves of the scope of MCFDs work. For while it is a truism that every
critical case is one too many, we must also remember the context in which these cases occur.
Every year MCFD safely serves within its system over 155,000 children and their families,2
accounting for almost 20 per cent of the child population of British Columbia.
Service is
provided in six service lines:
1. Early Years Services (Early Childhood Development/Child Care)
2. Services for Children and Youth With Special Needs
3. Child and Youth Mental Health Services
4. Child Safety, Family, Youth and Children in Care Services, including Child Safety
Services and Family, Child and Youth Support and Care Services
5. Adoption Services
6. Youth Justice Services
MCFD has 4,476 employees3 working in 47 Local Services Areas, with 182 offices throughout
every corner of the province. The Ministrys annual budget (2015) is $1,378,927,000, with about
77 per cent of the budget spent on providing subsidies or purchasing services from others in the
community. For example, approximately $775 million was paid to 6,100 contracted foster
homes and community service agencies; while more than $79.4 million in operating funding was
provided to 3,940 child care organizations running over 5,000 facilities.
2
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In its Child Safety, Family, Youth and Children in Care Services stream, MCFD receives
approximately 37,000 protection reports annually. All protection reports are assessed, the
outcome of which is one of:
The bottom line remains striking: as of July 31, 2015, there were more than 7,200 children and
youth in care in B.C. roughly equivalent to the population of Merritt or Revelstoke and of
these, 60.6 per cent were Aboriginal children and youth4.
As with so many other social indicators about the lives of Aboriginal people poverty, school
participation and graduation, employment, access to clean water the over-representation of
Aboriginal children in government care is truly disheartening. Over the past 35 years MCFD
and its predecessors have spent considerable time and made many efforts to address this
challenge. Most have not succeeded in changing the situation, and, in fact, the proportion of
Aboriginal children in care has grown as a percentage of the overall child in care population.
Some of the earlier attempts to respond involved changes to policies requiring greater efforts to
reach out to bands and communities in planning for children. Later efforts focused on the
creation of a network of delegated Aboriginal agencies.
The number and range of Aboriginal delegated agencies grew rapidly with the creation of MCFD
in 1996. Funding was provided by the Ministry for additional services for the existing on-reserve
agencies and a number of off-reserve agencies and a number of off-reserve and urban
agencies were created. These were funded exclusively by the province. Conflict over funding
and oversight continued throughout this period and Aboriginal organizations expressed concern
about the slow pace of change for Aboriginal children. In response, a new initiative was
launched in 2002. MCFD was exploring the creation of authorities to assume planning
responsibility for the delivery of services.
Within the Aboriginal community there was a great deal of controversy about the idea and
although initial discussions appeared positive, the proposal became mired in conflict. Much of
this disagreement appears to have centred on different conceptions of the degree of autonomy
for the authorities and the level of funding expected. Despite this fundamental disagreement,
the discussions carried on into 2005. With the appointment of a new Deputy Minister in 2006,
the initiative received significant new funding that resulted in an intense and, ultimately,
unsuccessful push to create Aboriginal authorities.
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The initiative did not resolve the long-standing fundamental issues in creating and sustaining
viable Aboriginal child welfare services, funding and the identification of the necessary
economies of scale to provide a full range of services to a very small population spread across a
huge geography; and the balance to be struck between independently operating agencies and
provincial and federal oversight and accountability.
It seems to me there is a great deal of bureaucracy, a lot of energy and money spent over the
years on the delivery system, poor communications and not enough collaboration on the
ground.
There are, however, excellent examples where band leadership works hand-in-glove with
Ministry staff on removals, placements and court orders. But these are rare.
The Ministry has asked Grand Chief Ed John, a well-respected First Nations leader and former
Minister of Children and Families, to help it find ways to address the over-representation of
Aboriginal children in care.
I always remember that when I was Deputy Minister, Grand Chief Ed John took me onto his
home community to visit the school and see the services they were providing. He arranged
lunch with his elders in his home. One elder, a lovely older lady, told me a story. She said:
"Mr. Deputy, in your culture you have something called a boogeyman who comes to scare your
children if they are not good. In our culture we have the social worker."
Grand Chief Ed John is far better placed than I to find a way to bring the Ministry and Aboriginal
community closer together on these issues. My only advice is that a wise government will move
quickly to implement the direction he provides. When coupled with changes from this report,
service delivery for both Aboriginal and non-Aboriginal people will be strengthened. A rising tide
raises all boats.
We are also challenged in this province with a high rate of child poverty. Despite these and
other significant challenges, our system has resulted in a rate of out-of-home care for children of
about 10.1 per 1,000 (July 2015). This compares to an average rate of 12.4 for comparable
provinces.
Statistics can be used to illustrate almost any argument, as we all know. I think though that it is
important to remind ourselves, that MCFD by and large does an admirable job in addressing the
needs of our most vulnerable citizens. Its workers are unflagging in their efforts to make sure
our kids are safe, when those kids families have failed to do the job themselves. There are
clearly areas where changes need to be made, and we need to improve the outcomes for all our
kids especially our Aboriginal children and youth who face so many structural and institutional
hurdles.
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But let us not forget that the people who make up MCFD the social workers who deal every
day with harrowing situations, the mid-level managers stretched with competing demands and
directions, and the executive leadership that attempts to guide them judiciously while constantly
dealing with external pressures these people are dedicated to what they do and, in a very
large majority of cases, they are successful.
Ill turn now to a number of other observations that I have made in the course of this review.
4.0
Observations
Part of my mandate is to examine the conformance to policy in the J.P. case. Until my team
conducts a review of the case itself which, as I have noted, cannot occur until the spring due
to previously mentioned legal and procedural delays I believe the most helpful thing I can do is
to understand and explain the circumstances under which such a case could occur.
In examining the context in which cases like J.P. take place, I have been asked to consider the
state of the Ministry during the time in question, as well as today. In doing so, I considered both
internal and external factors and have divided my observations into these broad categories:
Internal Factors
External Factors
Management model
External oversight
Program funding
Quality assurance
Training and development
A.
Internal Factors
4.1
Management Model
MCFD has a fundamental flaw in its management model that is, in my view, cultural, structural
and historical. MCFD is the only Ministry in government where all of its business is driven from
the bottom up, and the executive has only a miniscule level of knowledge as to what is
happening on a day-to-day, case-by-case basis. There is no incident reporting until a case
reaches a critical stage: no early warning system, no flagging of potential problems, no
oversight management of cases, just reaction when a crisis erupts.
Consider how a typical case may progress:
An incident is reported. A front line worker has 30 days to turn that into a case. The front line
worker may discuss the case with their supervisor, who likely has 30, 40 or more cases to think
about, so the incident may slip by or not be fully considered. The supervisor or worker may
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seek out the area consultant for advice. Or they may go to the regional director, or to their
community manager. Or they may deal directly with the area legal counsel.
Or they may not. The culture is: we sort it out at the front line, just as we have always done.
We are professionals and we do not rely on any one in management. It seems to me that the
model fosters a culture where social workers forget they are employees in a large organization,
not individual practitioners.
As a result, no one in senior management knows about these situations unless help and advice
are sought as the case is bumped slowly up the line. There is very little in the nature of an early
warning system for incident or case oversight. Shouldn't alarm bells ring for the executive when
a Superior Court and the Provincial Court are involved in the same case? Especially if abuse or
domestic violence is involved? Many cases that should have received attention at an earlier
point often dont until attention is focused on the matter by a whistle blower or an MLA, or the
Representative, or through an adverse judicial decision or news report.
At present, managements approach tends to be disproportionately reactive.
Intertwined with this model is a strong sense among Ministry staff that we have always done it
this way, which causes conflict between front line workers and team leaders, middle
supervisory management, and on up to executive leadership. The result, long in the making, is
an us vs. them culture.
In my view, this is one of the reasons that MCFDs Work Environment Survey data over the past
three surveys (2007, 2010 and 2013) show that while about three-quarters of respondents have
a positive view of workplace teamwork and about two-thirds are positive about their immediate
supervisors, only about half report confidence in executive-level leadership and the ability to
stick to the Ministrys strategic vision, mission and goals. The BCGEUs excellent staff survey
also clearly records these sentiments.
Overcoming that challenge will be, of itself, a demanding process.
The existing senior management team is made up of hard-working professionals, the vast
majority of whom have risen up through the ranks. Not all of the middle and senior managers
are from a child protection background or have experience in this field. This is understandable
as five distinct ministries with staff and management came together and formed the children's
ministry. That is recognized but it still causes angst for a child protection worker when he or she
can't seek advice from their bosses because they have no background in their field. I think
there are remedial steps that can be taken.
Senior management can introduce good practice, and as the current executive is doing
implement much needed improved business practices.
But the executive team only reacts to difficult cases that come to their attention either through
the courts, a whistle blower, an MLA, a report from an external agency (most often the
Representative) or a media story. Then the hunt is on for who made the mistake and who to
blame.
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Looking Ahead
Two things are required to address the challenges of the current management model:
1. A major culture shift away from being blame-based to being learning-based; away from
us vs. them to simply us.
This will require a clearly laid out plan of steps going forward on a myriad of fronts. From
simplifying policy and practice, to staffing, salaries and benefits improvements, to
program funding restoration to technological enhancements.
2. Development and implementation of an early warning system based on historic
understanding, professional judgment and accurate data to identify cases that have
characteristics that can lead to horrible outcomes for kids. I believe an electronically
generated daily incident system can be developed using existing data and implemented
without frontline staff spending more time on the computer. This is not a new system but
an improved and necessary enhancement to current systems.
Senior management needs to understand and base its management responses on hard
data and evidence. They must be an essential part of the loop, not to find or lay blame,
but to help, advise, and find resources: to manage, not to react.
4.2
When one sits back, as I have been able to do in the course of this review, and looks at the
course of the Ministry since its formation in 1996, one ends up exhausted by the scope, pace,
inconsistency, and questionable value of what has been constant and tumultuous changes in
direction and leadership.
When it was first created in 1996, the Ministry had to adjust to the different cultures that came
from the Ministries of Health, Attorney General, Education, and the old Social Services, all of
which were imported alongside the child welfare protection core to form the new cohesive
MCFD. We recognized that the component parts would come in silos, and it was my job as
Deputy Minister to see them unpacked and placed into a single coordinated, barrier-free
service. That process was supposed to take two years.
I made a mistake. I pushed the timetable for structural transfers of programs from the five
contributing Ministries to six months from the recommended two years. That worked, but the
mistake was I did not remain as Deputy Minister for the three to four more years I now
recognize was required to drive the necessary cultural alignment. My successor exacerbated
the problem by reversing the decentralized trend I had put in place, and moving to centralize the
administration. This back-and-forth pattern of decentralization and recentralization has been
endemic at MCFD since the day it came into being. It continues to the present day.
MCFD didnt have a chance, and hasn't since, to have a long range plan implemented under
constant stewardship and buy-in from the whole organization. From its inception it has been
bombarded with many external pressures. I am sure all of these were well-intentioned, but
constant external direction and recommendations, as brilliant as they are, demand changes to
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policy, practice or procedures. And through it all, front line staff must continue to make the
difficult decisions that directly impact the most vulnerable people in our communities.
Here are some of my more specific observations regarding stability and change.
4.2.1
While the value of consistency and continuity is broadly recognized, the reality experienced by
MCFD and those served by it has reflected exactly the opposite. If anything, the only
reliable constant has been a continuous change at the senior leadership level. Since the
Ministry was established, there have been 13 Ministers (with none in place for more than three
years), eight Deputy Ministers, and eight Provincial Directors of Child Welfare5.
And of course, every change at the Deputy Minister level brought with it a corresponding
change within the senior executive team below the Deputy level.
Perhaps the most compelling example of the extent to which MCFDs instability has been
institutionalized is with the office of the Provincial Director of Child Welfare. Since the inception
of the Ministry in 1996, with the exception of the inaugural Provincial Director Ross Dawson who
was forced to resign after four years, no subsequent Provincial Director has remained in the
position for much more than two years. Almost all have been terminated or forced out in
response to critical incidents over which they had only modest direct engagement. Six different
Provincial Directors of Child Welfare have held the post and the longest period of stability was
when it was simply left vacant from 2008 to 2011.
The churn at the upper levels of the administration is not the only stability issue that requires
attention. At the field level, amongst social workers and, more specifically, those involved in
child protection work who directly interact with families in crisis, the level of staff turnover is
disproportionately greater than what can be found almost anywhere else within the extended
public sector.
Not surprisingly, instability and turnover at the senior administrative level have had the
inevitable impact of impairing the fields perception regarding the leadership capacity of senior
management at the provincial level. While there is evidence of improvement on this front, field
staff tend to believe that they get the job done despite the role played by management. I have
run enough ministries to know that this characteristic is not restricted to MCFD.
The existing senior leadership team in Victoria is deeply committed to turning this around, but
they are encumbered by the legacy of failed regionalization and transformation initiatives and,
further, by the adverse perception of the first implementation of the Integrated Case
Management System (ICM) which colours the view of the second iteration.
See Appendix 3.
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4.2.2
As I have already suggested, structural change has been endemic at MCFD since it came into
being in 1996. The Ministry has had imposed top-down government directions and programs
that have not worked, not worked well, or are on track but require improvement.
During the time of the J.P. case, the Ministry was mired in a particularly convulsive period of
structural upheaval, elements of which included:
1. Fundamental structural change over several years beginning in 2006, known as
Transformation;
2. An initiative called Strong, Safe and Supported, which was implemented in 2008; and
3. The adoption of an approach known as CAPP (Child and Family Support, Assessment,
Planning and Practice), which was introduced in 2010.
Transformation was concerned with the devolution of service delivery to regions and
communities, and was to be led by a task team of about 40 people made up of staff from
headquarters and regions. Strong, Safe and Supported emphasized regional autonomy,
integration of Ministry programs, and program connections with other ministries and community
organizations. CAPP highlighted the need for a strengths-based and holistic approach and
called for integration of Ministry services at all levels.
Other initiatives and changes demanded staff attention such as the return of responsibility for
the Children and Youth Special Needs program from Community Living BC, the implementation
of the Child and Youth Mental Health Plan, the introduction of Family Development Response
model, and the creation of an Extended Family Program.
The order of these events meant that for four years structural changes were taking place prior to
and concurrently with the development and implementation of significant new practice
approaches in child welfare.
This led inevitably to uncertainty, confusion and frustration
throughout the Ministry. Regional staff was concerned about the lack of clarity and ability to
understand the initiatives, and it was unclear to staff what they were expected to do in the
future.
Another top-down initiative was the idea of establishing child welfare authorities in the province,
as I mentioned earlier in this report. In 2001 the Minister decided there should be five Aboriginal
authorities and five non-Aboriginal authorities. Staff began to plan for independent authorities,
but in 2004 this process abruptly stopped for the non-Aboriginal planning committee.
The commitment to the creation of the Aboriginal authorities remained, given the
disproportionate number of Aboriginal children in care. This second model caused a huge shift
in priorities within the Ministry starting in 2006.
Major changes in philosophy, direction,
resources and staff commitment were pushed into the system.
It was a part of the
Transformation initiative I have noted above.
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The Aboriginal authorities initiative stopped on a dime, as it was called to a halt literally the night
before the legislation was to be introduced in the Legislature in April 2008.
Having gone full speed in one direction, the Deputy Minister decided to go full speed in another:
the introduction of a new way of delivering service, CAPP, which was widely regarded as a
disaster. Instead of sticking with the old way of doing business, MCFD embarked on this new
theoretical model. Nobody could figure out what it meant. It could not be implemented, but
sheer determination by the frontline, along with key senior staff in Victoria who worked around
the chaos, kept the Ministry in business.
The subsequent change of Deputy Minister in 2011 resulted in the reversal of several of these
initiatives. In particular, an overall service structure was introduced that moved the Ministry
from four highly decentralized regions into 13 Service Delivery Areas. The current Deputy
Minister has worked to solidify this structure, and it is the basic approach that has been in place
for the last four years.
These chronic directional and structural changes have been incredibly disruptive to the Ministry.
But clouds can have silver linings. One of MCFDs success stories is that while every one of the
top-down schemes failed, an incredible amount of innovation was happening in the field offices.
Looking at the Premier's Awards for Innovation you find MCFD carried off more than its share
during this time.
4.2.3
The structural and directional changes noted above were accompanied by changes to practice
standards and policy direction that have been equally unremitting. After the significant tumult
brought about through Transformation, CAPP, and the other initiatives noted above, Ministry
staff continues to face a well-intended but excessive number of changes to policy and practice.
Senior management continues to create new policy, some of it driven by recommendations they
get from external reviews, some of it imposed by central government, and some of it through
ideas of their own, based on their experience and analysis about how services should be
delivered.
For example, in April 2012, the Ministry replaced the BC Risk Assessment Model (1996), the
Presumption in Favour of Collaborative Practice & Decision Making (2008), and the Child
Family Service Standards (2004), with nine new Child Protection Response Policies. The
subsequent simplification of these policies involved more than 25 changes.
The Extended Family Program was introduced in 2010 only to be extensively modified in 2013.
In addition, adoption of standard decision making tools (SDM) and ICM, together with the
increased emphasis on Quality Assurance, created a level of administrative complexity that
seriously detracted from staffs ability to focus on child protection responsibilities.
Also the government initiative concerning domestic violence was introduced top-down amid
much fanfare and extensive training.
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These are important and worthwhile policy initiatives but heap more change on a Ministry not
built for it and suffering from change overload.
Consider the following summary of important policy and practice changes since 2009 (red lines
indicate major policy adjustments):
Looking Ahead
MCFD has volumes of policy in all program areas, and hundreds of pages that describe
Standards, Policy, Procedures, Practice Guidelines and Memorandums. I can only hazard to
guess that new social workers might find themselves absolutely overwhelmed by the sheer
weight of the policy manual.
Many of the standards reflect good practice and common sense but I question the level of
detailed description that occurs with every standard. For example, one small program the
Extended Family Program I mentioned above has 13 standards on its own, and the policy
description alone is 18 pages long. I cant help but think this is unnecessary.
Standards and policies will never diminish the importance of good clinical practice and sound
clinical judgment. Some staff I met with expressed concern that the standards are too
prescriptive and do not allow enough room to exercise their clinical judgment. Overwhelmingly,
staff talked about the fact that they do not have time to meet all the standards all the time.
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I believe that practice, policy and standards need to be simplified and streamlined and further
that the Ministry needs to build on evidence-based practice.
When processes like LEAN a management efficiency tool involving front end staff in building
solutions, with partial success and buy-in to date are put in place, the front line staff joins in.
They know most common sense solutions come from people already doing the work. But some
of these processes take considerable time commitments, and when the front line is away, and
no replacements available, then cases are picked up by those left in the offices doubling up
caseloads, or having team leaders take on cases.
However, the move afoot in the Ministry to modernize business practices is a very good and
necessary step. It is a Ministry where business practices need to be brought in to this century. I
applaud this but changes must be built into the longer range vision and fully explained to field
staff to get their buy-in and commitment.
I also believe that most of the work required to streamline standards and policies could be
steered and reviewed in short day meetings with frontline workers and then turned over to longservice retired former staff for short term assignments. They are passionate, work for
reasonable rates, and do not want long commitments or jobs. But they will give back because
they are believers.
The plan should also prioritize any new practice programs and ensure that adequate resources
are in place to deliver the program before any implementation of policy occurs in the field.
Detailed implementation plans must form part of any approach and be grounded in the practical
rather than the aspirational. Implementation planning works best when those staff directly
affected are partners in developing the plan. A fixed schedule as part of an implementation plan
for policy development should be considered.
4.3
I now turn to a consideration of how all of these structural and policy changes were put into
place on the ground. With what resources has the Ministry attempted to put all of this theory
into practice?
4.3.1
Staffing Model
Currently, MCFDs Child Safety, Family Support and Children-in-Care services are delivered by
front line social work staff in 182 local community offices across the province. Team Leaders
provide clinical supervision and support to social work staff, while Community Services
Managers provide supervision to Team Leaders and report to the Executive Director of Service
in each of MCFDs 13 Service Delivery Areas.
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Front line social workers, Team Leaders and Regional management staff express consistent
concerns about their challenges:
Their inability to meet standards because they have too much work;
The lack of coverage for holidays, sick leaves, vacancies, and maternity leaves, leaving
caseloads vacant;
Inability to attract experienced social workers to front line positions leading to consistent
understaffing, particularly in the rural areas; and
A widespread and significant change fatigue.
On October 15, 2015 the Representative released a useful report entitled The Thin Front Line,
and her review findings are consistent with the concerns expressed by staff.
Several individuals also raised the issue of compensation for front line social workers. It is
becoming increasingly difficult to recruit and retain experienced social worker staff.
Maximum hourly rates for delegated child protection workers appear to be about 11 per cent
below the Canadian maximum salary average shown in the table below.
Comparison
of
BC
hourly
rates
to
Canadian
hourly
rates
Classification
Canada
Average
Minimum
Canada
Average
Maximum
Entry level SW
$31.64
$40.92
$31.94
$36.50
1%
-11%
Senior SW
$ 37.02
$ 45.61
$ 36.03
$ 41.22
-3%
-10%
BC
BC
Minimum
Maximum
%
Difference
%
Difference
Minimum
Maximum
Is the fact that our workers are paid less than the Canadian average important? It could be
argued that this is due to a difference in labour markets across Canada. But it is also the case
that child protection workers are paid less than those working in other areas within BC. The
proof of this is that these workers are regularly poached for higher wages in health, education,
WorkSafe BC. I know that people do this job for intrinsic reasons, but in our society pay is the
way good employers recognize good work. And there is no doubt in my mind that this is one of
the most difficult jobs in all of government.
Looking Ahead
In the future, we must accept and act on a simple principle: child protection is one of the most
difficult jobs in government and it should be recognized and rewarded with higher
compensation. Higher compensation should apply only to the position of child protection
worker. I am not advocating that it be applied to non-child protection social worker jobs.
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There are options to bring about this change. For example, it could be accomplished through
pay increases, special circumstances add-ons to existing pay (akin to the concept of danger
pay), or a combination of both. Benefits also need to be increased in areas that will allow staff
to deal with workplace issues such as stress and trauma. These should be preventive in nature,
to build in opportunities to mitigate the short-term illness and long-term disability programs that
are currently being used. For example, better use of benefits such as more accessible
leave/transfer policies, sabbaticals, and educational opportunities should be considered and
implemented.
In addition, a significant problem exists related to recruitment, retention and turnover of staff in
rural areas. As with other professions, it is difficult to hire and retain staff in the North and more
rural areas of the province. Additional money for child protection social work salaries will help,
but so would signing bonuses, retention bonuses and provisions to allow for staff to "fly out"
during the year. It may also make sense to create a planned rotation of staff (e.g. in for two to
three years, out to a different position).
It has come to my attention that the Toronto Childrens Aid Society was recently recognized as
one of Canadas Top 100 employers and has introduced many measures to ensure it is an
employer of choice. As an organization with a similar mission and mandate to MCFD, it provides
a valuable example of how to deal with the staffing and morale problems that are common in
such a high stress work environment.
This item should see an immediate injection of funding in this fiscal year and improvements
should follow in the next fiscal year to deal with the needs of rural staffing. MCFD should aim to
at least match the benefits provided by other employers who face similar problems.
4.3.2
Finally, a word about what is called an equity funding model for staffing. This is an interesting
concept (although confusing as the Ministry also has an equity model for program funding
allocation) and I am sure is quite foreign to elected officials other than as an idea to force
discipline on ministries from the centre. In my view it is more correctly described as a staffing
rationalization model.
I have significant reservations about this Treasury Board staff-imposed model, put forward with
the best intentions of gaining efficiency. What it does is balance staffing through a formula, to
ensure that all areas have equal coverage. But in doing so, it does not consider the
effectiveness of program outcomes. In application it takes resources from an area like Kelowna,
which has good outcomes, and transfers them to areas that are understaffed and have poorer
outcomes.
This balancing act is a race to mediocrity. Rather than holding up examples or regions that are
producing the best outcomes in terms of client outcomes, and saying this is the level of
outcomes, and perhaps staffing we all have to strive towards, this concept simply spreads the
misery and brings everyone down to a lower level. This is simply not good public policy.
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I understand this is part of the give and take between staff at the centre and in the Ministry when
it comes to setting budgets. It often results in the efficiency-focused ideas of staff at the centre
winning out over line staff who are obligated to worry about the effectiveness of programs. But
occasionally someone needs to blow the whistle on the harmful impacts that result. Consider it
blown. A staffing model must be built that rewards success and does not punish it.
Looking Ahead
Last fiscal year, MCFD presented a staffing business plan (included in their 2015-16 estimates)
to Treasury Board that recommended 100 new positions. Treasury Board accepted this plan,
and the Ministry was also promised 100 more FTE's in budget year 2016-17.
Like the Representative in her report Thin Front Line, I am not completely satisfied with the
formulas that were utilized to generate the numbers. I prefer the method and formula used in
1997, which allocated time commitments for staff by function and translated that to work load. I
think the current approach married to the one used in 1997 that measures an effective work
load per day, an effective case load to manage, and coverage for things like vacation and the
Short Term Illness and Injury Program (STIIP) would be both more effective and more likely to
win the trust of the staff.
The BCGEU's analysis suggests that 300 FTE's are required at the front line, not 200, and I
expect they are closer to the correct number than the Ministry. But guessing without data is a
mug's game, therefore I think MCFD should re-calculate the numbers with a new formula and
present it again into the budget system for the 2017/18 fiscal year. The idea is not to continually
increase staff, but to right size the Ministry, with further reviews at fixed times.
4.3.3
As I noted earlier, the position of Provincial Director of Child Welfare has been notably unstable
since MCFD came into being. It has been, over the last 20 years, the position with the highest
stress and lowest job security across government.
The incumbent like all of her
predecessors, I suspect is awakened after midnight once or twice nearly every week to deal
with emergencies in the field. The burn-out rate is extreme: if not felled by health concerns, a
high profile case will likely bring about an early retirement. There is no doubt that significant
structural changes need to be put in place to ensure the position and its office enjoys a greater
sense of stability than has been the case over the last 20 years.
Confusion is further bred in the public's mind, and the media, about who actually is the
Provincial Director of Child Welfare, and who has delegated authority from the Director, and to
what degree. In Justice Walker's decision in the J.P. case, the title Director is used 1,328
times. There is only one Provincial Director, and for the period of time between July 1, 2008
and March 31, 2011 a time that mirrors the J.P. case the position of Provincial Director was
vacant. There were (and are) designated directors in the field during the time in question, but
this lack of clarity is endemic, and transparency is the best form of sunshine.
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Looking Ahead
It is my view that, in the future, the position of Provincial Director of Child Welfare should be at
the level of an Associate Deputy Minister. This is because the skills required in a Director of
Child Welfare are not completely transferable to the more traditional needs of managing a
complex line in government. Five years would be a realistic tenure for the position. After three
years, the Director should be given a three to six month sabbatical, recognizing that respite from
the incredibly high stress levels is necessary for the health and welfare of the person filling that
role.
Within the office of the Director, a Deputy Director holding the rank of Assistant Deputy Minister
should focus on Quality Assurance, audit and complaints as well as the assessment of the
Ministrys programs and training.
In addition, an Assistant Deputy Minister in charge of Aboriginal Programs should be appointed.
The position should report to the Director, and every effort should be made to recruit a qualified
(in the broadest terms) indigenous person for this job.
Finally, to avoid the confusion in the public mind about who is the Director, legislation should be
considered to clarify which positions have what authorities.
4.4
Program funding
When government steps in to act as a child's guardian and protector, it also takes on a financial
burden associated with its decision. When a child is in the care of loving parents, the parents
must make decisions that require financial trade-offs. This does not change when government
accepts the role of guardian governing is about making choices, and governments must also
be held accountable for the choices they make.
When government assumes the role of guardian and becomes the surrogate parent, it also has
an obligation to act responsibly within its means, just like we expect the real parents to behave.
Having assumed the role of supervisor or surrogate parent, governments responsibility is to
provide the resources that allow its workers to do their work.
The first thing that is apparent from considering the Ministrys financial history as presented in
the Estimates (see below) shifting programs and organizational changes have made it very
difficult to trace the actual changes to the child protection portfolio. What is clear however is that
any additional funding associated with the confusing structural changes over time is unlikely to
have been optimally applied.
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2005/06
2006/07
2007/08
2008/09
2009/10
2010/11
568,998
643,234
709,581
792,499
746,757
747,313
419,221
535,332
421,865
505,012
510,507
520,932
53,717
16,648
59,120
22,570
62,108
25,961
63,213
21,418
51,909
15,015
50,442
15,006
1,058,584
3,952
1,260,256
4,067
1,219,515
4,286
1,382.14
4,332
1,324,188
4,128
1,333,693
4,117
2011/12
4,203
2012/13
2013/14
2014/15
2015/16
258,042
256,021
267,611
301,507
286,596
301,428
284,294
285,460
78,569
78,707
78,831
80,141
498,932
498,120
499,554
501,969
26,522
46,390
119,888
18,128
1,333,067
26,543
46,127
119,166
18,704
1,344,816
26,563
46,200
117,528
18,625
1,339,206
27,728
44,718
118,429
18,975
1,378,927
4,152
3,995
3,954 4,117
While graphs show that budget has remained at best stable, the Representative has done an
analysis that shows an actual decrease of $100 million from 2008/09 to 2013/14 and it is
obvious from the table above that there are significant challenges. The budget has not kept up
with salary increases and inflation. However, to determine a precise figure using restated
Estimates is an impossible task.
One stark contrast is provided by the Ministry of Health. The Representative, among others, has
reported on the difference of levels of funding between what Health has received as annual
percentage lifts, and what MCFD has received, and the gap this creates over time. Healths
budget is protected because both of BCs political parties know this is essential for electoral
success. However, when the protection of Healths budget is combined with commitments to
balance the budget and hold or lower taxes, there is simply not enough money for government
to spend on much else. Do more with less has been a mantra of all governments in BC back
to the early eighties.
When economic growth stagnates and tax increases are avoided because they are not
politically popular, we end up with frozen budgets that do not even cover inflationary impacts.
As we have seen in the past, all Ministries respond to the pressures in the same way: they do
not cut programs, they just cut them back. Like cutting slices off of a salami.
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I also think it unlikely if not impossible that one-time budget increases such as the $4 million
that was provided for the Ministry to shift to its Family Development Response approach, or the
funding for 200 FTEs that was provided in 2006/07, have been allocated appropriately and
effectively, given the absence of well-articulated goals.
Finally, I find it particularly concerning that, over the past four years, the proportion of MCFDs
budget that is dedicated to child protection has actually decreased in real terms, leaving alone
the impacts of inflation:
Estimates
2011/12
$million
% of total
Estimates
2015/16
$million
% of total
266,486
0.200
301,507
0.219
279,970
0.210
285,460
0.207
79,111
0.059
80,141
0.058
498,706
0.375
501,969
0.364
Adoption Services
25,538
0.019
27,728
0.020
48,390
0.036
44,718
0.032
117,692
0.088
118,429
0.100
14,798
0.011
18,975
0.014
1,330,691
1,378,927
I recognize that some of this amounts to robbing staffing Peter to pay program Paul, but what is
inescapable is that the system is short on both staff and program resources.
Looking Ahead
It must be realized that these programs are what families utilize and benefit from, even if
reluctantly, to prevent their children being removed. In a perfect world no child would be
removed, and families would be kept together using other program areas of the Ministry. It is
not like there is child protection, and the rest is fluff. The other programs are what support
families and get kids safely to adulthood, and when combined with healthy community agencies
create an environment where kids can be safe.
Over the years, with cuts or staff hiring freezes (although I recognize that child protection
functions were exempt from the last hiring freeze), the programs remain, but the budgets are
slowly cut back. The amounts needed to provide services are not sufficient to meet needs, even
with the introduction of new and modern business practices, of which I approve, to gain savings
through efficiencies. Although you can't run government like a business, you can run it in a
business-like way. And all parents know what happens when layoffs occur, or jobs are lost.
Important family needs are not met or cut back. Government acting as a parent is no different.
But when financial times improve, the place to start for government, like a parent, is spending
some of the new found money on the kids and their welfare.
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What is the right budget number required to restore funding levels? I wish I could calculate that.
There have been so many programs moving in and out of the Ministry, for example CLBC and
those mentioned above.
The estimates are always restated each year when actual
expenditures are recorded, and this is never done consistently over time. To be accurate it will
require much greater analysis than I can provide. However, the fact I know is that spending has
fallen behind inflation and has not accounted for salary increases. I will supply advice in this
regard later.
4.5
One of the key issues at the heart of the case that gave rise to this review is the question of
Quality Assurance. I have a number of observations on this front. It is an important matter and
getting this right is fundamental to the ability of MCFD to provide its child protection services to
the highest degree of professionalism. Businesses, manufacturers and public services have
three key operating functions: get the job done, do it right, and plan how to do it better in the
future. This is particularly true for child welfare services.
No effective system of services can operate without an effective internal set of checks and
balances and a strong grasp of its future direction. Quality Assurance is what we call this task
of past, present and future vigilance.
Unfortunately Quality Assurance is often thought of as code for internal discipline or negative
auditing of work. In reality, the concept of a Quality Assurance regime is actually about a culture
that embraces the idea of critical analysis and embeds it in every facet of the organization.
Make no mistake, this is very hard to achieve and yet, paradoxically, it will yield improved
outcomes and greater satisfaction for staff.
The current functions of MCFDs Quality Assurance system are:
Administrative Reviews: a specific review process available under the complaints policy;
Reportable Circumstances: staff in local offices are required to report to the provincial
directors office every serious incident, death or critical injury sustained by children in care;
These reports are also required for children out of care who have received services within
the past 12 months under the CFCS Act; and
Case Reviews: the Provincial Director decides when a case file review or a
comprehensive case review is required to determine if the Ministry has adequately met its
mandate, standards, and policy.
The Ministry has a good data warehouse of information. It needs more aggressive analysis, but
one apparent trend that jumps out for me is that service delivery areas have significantly
different outcomes, even when socio-economic and regional practice differences are factored in.
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As impressive as the data are in volume, they do not resonate in the field. Front line social
workers have not grasped, since it hasn't been explained to them, how all this information can
lead to good practice, and better outcomes.
An overarching problem is that these are all forensic measures; they look at events after they
have happened. They inform future action, but they do not provide early warning or alert senior
managers to field events until after the fact. The Ministry currently has no systematic way to
flag highly problematic or complex cases for local managers other than the reportable
circumstances policy. While reportable circumstances often do trigger a closer look at complex
cases that need the attention of local managers, it is always after a serious incident has
occurred.
Nor does the Ministry appear to have a daily report about critical incidents, investigations and
matters that have arisen: items considered reportable do not extend to the day-to-day
business. Without an active handle on the workflow in any given area or office, Ministry
managers are operating on a limited information basis.
At an organizational level, it is vital that the Ministry have a sense of how well it is performing
the vital tasks entrusted to it. One of the challenges for MCFD and most other child welfare
organizations is that the results of case reviews and other Quality Assurance functions are not
commonly shared amongst the staff. The valuable learning and the reasons for proceeding with
changes afterward sometimes with discipline are opaque to those staff not directly involved.
This is not healthy as it breeds both suspicion of managements intentions and fear of the threat
of an after-the-fact expectation of perfection.
Openness coupled with a strong sense of personal and corporate accountability are approaches
that can help dispel some of the apprehensions about case review. At all management levels
information from the operational and performance management Quality Assurance activities
should be the key engine for decision-making. Budget submissions, allocations and reallocations should take into account issues raised and accommodated as required to address
deficiencies. As a demonstration of commitment to an overall Quality Assurance approach, a
Ministry dashboard might be created to show key performance indicators, results and status so
that MCFD staff always has access to this data.
Finally, it is important to say that an improved Quality Assurance regime is not a short-term
solution, nor should it be a temporary initiative. Quality Assurance must be a permanent,
trained, well-staffed, fully costed process. Ideally, it has at its core a strong central
administration and robust regional partnerships. In the past, Quality Assurance functions have
been organized, reorganized and organized out of business such that there really wasnt an
effective operation at all. This has to stop. Quality Assurance has to be a permanent executive
level responsibility with a strong public face.
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Looking Ahead
The Ministry is already well on its way to fully integrating a Quality Assurance program - it is
stable and growing, with no significant recruitment or turnover problems. The challenge is the
huge amount of work that still needs to be done, and the scant resources that are available to
complete the job. Quality Assurance staffing should be increased to ensure that, within 24
months, the Ministry is able to take over the functions that currently reside with the
Representative. The strategic plan should take into consideration the need for sufficient staff.
Just as importantly, MCFD should expand its view of Quality Assurance and the required
resource base to reflect a robust Continuous Quality Improvement system for both corporate
practice as well as individual professional practice, such that all staff have a best practice
reference. Such definition should reflect professional standards, corporate standards and as
well the skills attributes and values that characterize best practice.
Taken together, this represents a shift from forensic planning that is, Quality Assurance based
on responding to hundreds of recommendations in the last ten years to a culture where future
improvement is informed, anticipatory and directional.
4.6
Currently in MCFD, the Strategic Human Resources division is responsible for all training in the
Ministry, with the exception of some supervisory training done by the BC Public Service Agency
(PSA). What it has to offer is, in my view, insufficient and has been generally decreasing over
time. From 2007 to 2009, actual expenditures on training averaged about $5.3 million per year;
since 2013 the average has been about $2.2 million per year.
Year
2007
$5,431,838
2008
$5,463,613
2009
$5,061,763
2010
$2,865,312
2011
$3,629,683
2012
$3,190,832
2013
$2,233,134
2014
$2,310,074
2015
$2,210,166
This does not allow MCFD to fully prepare new front line workers for their work in the field, or to
keep existing workers engaged and fully trained in new and evolving ways to practice. Leaders
in the Ministry face a similar dearth of training and development opportunities.
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In British Columbia, child welfare is not a dedicated program stream at any university (although
some Bachelor of Social Work (BSW) programs offer specialist classes), and graduates even
where they have taken specialized child welfare courses are not prepared for child protection
work when they come out of school. A newly hired social worker receives three weeks training
when they start the job and that is it. Contrast this to a new officer in the Vancouver Police
Department, who receives an initial three months of training, and three additional months later
the same year that they are hired. Yet both the child protection social worker and the police
officer face similar issues and must apply similar skills when newly employed.
University social work programs tend to be disproportionately theoretical and do not currently do
enough at the undergraduate level to either address child protection content or to a equip
graduates with the practical skill sets that would be helpful to them in making a successful
transition to the demanding realities of frontline child protection work.
Newly hired social workers receive a total of three weeks of classroom training at the Justice
Institute of BC. Three weeks to become fully trained in a highly sensitive area, requiring similar
skills as a police officer who is called in to deal with a domestic dispute. This is the culmination
of a long-term whittling of the Ministrys provision of training. Training in MCFD has gone from
the post-Gove era, when social workers were sponsored to get their BSWs and attended
university full time, to a five month training program for new social worker hires, to the current
three week program.
Team Leaders receive two days of mandatory face-to-face training on Clinical Supervision,
along with a Practice Supervision Certification Program that is also available to them. This
program is delivered online and includes Clinical Supervision Competencies, a Certification
process and a standardized Learning and Development Plan for ongoing maintenance of
certification status. Team Leaders have reported however that they struggle with finding the
time to participate even in this limited training, given the demands of the day-to-day job.
The PSA does offer a number of supervisory courses on the more technical aspects of
government for all line supervisors and line managers. Topics include labour relations and
budgeting fundamentals. In addition, Strategic HR has an established Learning and
Development Committee that includes representation from all parts of the Ministry. This
committee provides advice regarding MCFDs training model and establishes training priorities.
Given the complexity of the work and constantly evolving best practice this level of training is
meagre. The training, such as it is, is geared to new hires both in the social work and team
leader ranks and does not appear to address the ongoing learning and development needs of
staff.
Finally, there is no established and ongoing relationship between the Quality Assurance
activities in MCFD and its training and development opportunities. If MCFD is to become an
organization that values continual learning and professional development for staff then training
needs to be a significant piece of a Continuous Quality Improvement plan.
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Looking Ahead
Efforts with respect to training, research and analysis should be focused on creating a Ministry
that learns from its experiences and mistakes in a lifelong cycle of Quality Assurance and
Continuous Quality Improvement. This should apply to entrance-level and veteran front-line
staff, supervisor and team leader skills, and management training that spreads throughout the
organization.
Areas of focus should include leadership and decision making, liability, risk analysis, and ideas
around evidence-based decision making and narrative busting (see section 4.6.1). Efforts
should be aimed at moving the Ministry away from a structure and culture driven by blame and
punishment, to one that is built around the acceptance of mistakes and an embrace of the
learning that comes from them. This will take time, but can be accomplished and should be led
from the floor of the Legislature, to the Cabinet, to communities and families.
In addition, the Deputy Minister of MCFD, together with the Provincial Director, should convene
a focused discussion with university leaders regarding the extent to which existing programs are
or are not developing graduates appropriately prepared to successfully undertake the
demanding realities that are apparent in child protection work. With any proposed new degree
program in social work, the Degree Quality Assurance Board should review curriculum content
to assess the sufficiency of child protection components.
There are two other areas where consideration of enhanced training opportunities is
recommended. First, the Justice Institute of British Columbia offers a very useful postrecruitment training and practicum program. The curriculum content of that program is generally
excellent but should be modified to provide more substantial instruction with respect to the
growing body of information and academic literature on the characteristics of failed
investigations, which should be transferrable to inquiries conducted in the child protection
environment.
The second area of enhanced training relates to the role of team leaders and managers at the
regional office level of MCFD. These individuals manage highly complex, challenging work
environments, where work load levels are consistently high, turnover rates are higher than what
is generally found elsewhere within the public service, and the emotional strain on team
members is a constant.
All too often, people who are very good at the substantive function they were hired for move into
managerial and leadership roles without substantial investment in, or development of, their full
leadership potential. Effective investment in leadership training, particularly for those operating
in high stress functions, can yield substantial return on investment on both tangible and
intangible levels. Expanding the scope of training for team leaders through strong practicallyoriented leadership programs is highly recommended.
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4.6.1
Investigative Practices
A specific area of failed investigation analysis that ought to be more substantially represented in
the training curriculum is the theory of confirmation bias or commitment to narrative. This
would address the implications of developing a premature but strongly held theory of about what
has happened in an event now subject to investigation. If left unchecked, this narrative can
result in the search for evidence that fits the theory, rather than a dispassionate examination of
all available and relevant evidence.
An early impression can form a confirmation bias that hangs on long after the original workers
have ended their involvement in the case. It is common sense that our own experiences form
lenses through which we filter the world we see. This filter creates mindsets that are often quick
to form, and resistant to change. This can be problematic as it can rule out evidence, or play
down evidence that does not conform to the natural biases we have.
Based in part on the work of Dr. Kim Rossmo regarding the elements of investigative failures,
the Vancouver Police Department has built an excellent, evidence-based investigation process
to challenge this phenomenon; it has a position called a "contrarian" who is part of major case
teams. It has learned, in part as a consequence of investigative cases that did not go well, that
designating one member of an investigative team to ask the what if questions that can
challenge and test the strength of prevailing theory regarding what has happened in a particular
incident.
The contrarian in MCFD would be a senior position held by a highly trained and skilled person
who has years of practical experience in detecting, analyzing and understanding nuances in a
case which may become buried under the received wisdom of early practitioners on a case.
The contrarians job would be to question all assumptions in a difficult case and to bring other
potential explanations or considerations to light. As the Ministry gains experience with this
concept it would follow what VPD did and consolidate the position of contrarian within front line
teams.
Looking Ahead
It can be extremely damaging when social workers, police, even judges, get caught in one
narrative and can't break out of it. To fully implement the evidenced-based, structured decision
making models suggested in this report, the Ministry should create a contrarian role. I believe
one contrarian position in each region by the end of next fiscal year would be appropriate.
Depending on the operational plan for implementing the new evidence-based structured
decision making system, it may be appropriate to plan for one or two additional contrarian
positions in each region in the years to come.
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4.6.2
Technology
After several years of work and development in another Ministry, the ICM system hit the ground
in MCFD in April 2012. This was just months after a new well-seasoned public servant came on
board as Deputy Minister, moved the Ministry back to a traditional delivery model, and started
the slow process of recovery from the Transformation years.
Put simply, the new ICM bombed at MCFD. The back office functions chosen to be automated
did not fit a Ministry where staff has to make professional practice decisions. It was
inappropriate for a practice based service.
A complete re-think and re-build was required, and a new version of the system was delivered in
November 2014. Although it is a start on building what one hopes will ultimately be an
evidence-based child welfare system, the first iteration was not well received. But when you
speak to old hands in government, you discover that the system ICM replaced and some
would like to see return to also had similar growing pains when it was introduced years ago.
It is simply the nature of implementing new computer systems that any new system will have
problems. It will take some serious fine tuning and adjustment, and some money, before the
new system will be well received, and some would say workable.
Looking Ahead
Everyone in MCFD needs to see an ICM that is fine-tuned, made more user friendly, and
requires less staff time for inputting information. However, in my view ICM is a step in the
direction that the Ministry needs to continue on, in order to support evidence-based or structural
decision making.
Over 20 years this practice has been developing in parts of Canada and in more than 20 states
in the USA. Using evidence-based data pushed through actuarial tables of incidence, and
moving towards predictive forecasting will, when developed, provide help to the field and a
capability for oversight in senior management. But it will take time, as even Apple and Google
struggle through introduction of new software.
Over the next few years it should be possible to build an evidence based system by planning
and incrementally adding resources as milestones are met. Provided, of course, that there is
buy-in by staff from the front line to the Deputy, accompanied by sufficient resources from the
government, it is my view that ICM has a strong chance to be workable and well received.
In terms of systems, I think it is important that the Ministry develop a substantial early warning
system for cases that might benefit from an earlier stage review by senior management, the
Director of Child Welfare and, where appropriate, Legal Services Branch counsel. This would
be a very useful addition to the policy environment and would serve to reduce the instances of
leadership only becoming aware of a challenging case once something has gone terribly wrong.
Finally, I was particularly struck by the practical challenges MCFDs social workers face when I
was invited to spend time with staff in the Car 86 program. This is a joint program with the
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Vancouver Police Department, where social workers and police officers respond jointly to hightension situations that requires the expertise of both organizations. While the two contribute
equally in terms of skills, expertise and knowledge in their respective fields, the practical
differences in terms of technological supports was striking.
The VPD officer was fully equipped with both protective and technological equipment that
allowed them to call up relevant information about the address and people they were visiting in
real time. They were able to therefore enter into the situation with full knowledge about what
they faced, and the ability to muster the appropriate tools in advance. The MCFD social worker
was armed only with a pen and a pad of paper and a cell phone. However security concerns do
not allow for files or client information to be sent through hand-held technology. Surely we can
do more to equip staff with tools that allow them to do their jobs efficiently, effectively and
safely?
I think the Ministry should review the legislative restrictions around privacy that govern what can
be disclosed outside the office, and provide the means for workers in the field meeting with
families to input data through better hand held technology. Efforts should be made to reduce
and eliminate the need to return to the office to spend time ticking electronic boxes that appear
to be required for no purpose. One of the best ways of dealing with staff shortages is to train,
empower and equip the existing and incoming staff with technological equipment that optimizes
their skills rather than wastes their time.
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B.
External Factors
4.7
The legal context in child protection matters is often complex and, while some reforms have
been implemented in an effort to reduce at least some of that complexity, there is a clear need
for a greater effort in this regard.
The practical reality is that child protection cases often involve several different components,
each of which may come under the jurisdiction of a different court. For example, there may be a
divorce element together with a child custody application before a judge of the Supreme Court
of British Columbia, and application before the Provincial Court to remove the children into the
care of the Provincial Director. In all of these circumstances, each of the presiding judges has
the capacity to make orders regarding custody of and/or access to the children. They often do
just that.
This significant potential for overlapping, and often inconsistent, orders can be highly
problematic. There are too many cases where an order made in one court, informed by
evidence of clear concern for the safety of the children, may simply not be brought to the
attention of another judge who is hearing a different aspect of the case. That judge may well
then make an inconsistent order that could create conflict, confusion or ambiguity.
Part of the problem results from the jurisdictional divisions between different levels of court,
where very little information is shared between the respective court registries regarding the
content of orders. It might be fair to observe that the problem with the justice system in this
context is that it doesn't fully operate like a system. On the contrary, highly relevant information
tends to be compartmentalized in a manner that does not meet the best interests of children in
need of protection.
Much needs to be done to improve information sharing so judges are a fully informed as
possible regarding earlier orders that may be relevant to matters that they are now being asked
to consider. Part of this could come through improvements to case management systems that
would facilitate a greater degree of communication as between the registries of different levels
of court.
Where possible, having single judges seized with all matters associated with a child protection
matter would help with consolidating applications, enhancing the consistency of information
before the Court and with improving judicial oversight of any breaches of court orders.
MCFD may also benefit from implementation of a more systemic approach to management of
court proceedings with specific social workers designated to ensure greater coordination and
information sharing.
It is also useful to briefly refer to the status of orders made pursuant to the authority of the Child,
Family and Community Service Act. While the decision of the British Columbia Court of Appeal
in the W.N. v. C.G case [2012 BCCA 149] established that the Child, Family and Community
Service Act legislative scheme is, in effect, a complete code that supersedes pre-existing
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orders with respect to the custody of, and access to children, this does not mean that earlier
orders become irrelevant. Where applicable, every effort should be made to ensure knowledge
regarding all prior orders is before the judge responsible for hearing any subsequent
applications.
Looking Ahead
Particular attention should be applied to the development of information sharing systems that
will assist in increasing the extent to which judges, and others, can be more fully informed
regarding the content and implications of orders made in related proceedings.
Recommendations presented at the recent Fifth BC Justice Summit should be acted upon.
4.7.1
Contract counsel
The dynamic associated with the conduct of legal proceedings on behalf of the Director in child
protection matters is an interesting one given that almost all such cases are assigned to
contract counsel. Contracts are for up to six years and then often rolled over so that, in many
circumstances, the same practitioners have responsibility for the conduct of this work for many
years. This consistency carries with it an important value in that it promotes the development of
continuity, localized expertise and the potential for strong connections between Directors
Counsel and field staff involved in child protection work through MCFDs regional operations.
However and not surprisingly the localized/regional organization of contract counsel
inevitably tends to consolidate communications at the local level between local Directors
Counsel and regional MCFD staff. That approach has limited the opportunity for information
sharing between regions and with senior MCFD administration regarding significant cases,
emerging trends and other lessons learned in the litigation context. While there have been
some initiatives recently to capture a greater amount of this information, much more could be
done in this regard.
At present, central oversight of case management tends to reside with lawyers of the Legal
Services Branch (LSB) of the Ministry of Justice. The LSB lawyers assigned to MCFD deal with
contract administration, advice to the Ministry and, where applicable, the provision of advice to
contract counsel regarding the conduct of specific cases. Those requests for advice often
revolve around emerging cases that have become contentious or controversial.
Contract arrangements between the Legal Services Branch and counsel retained to perform
child protection work contain accountability mechanisms that require counsel to report in, or to
seek advice from, LSB lawyers if matters before a court give rise to questions of statutory
interpretation, to applications under the Canadian Charter of Rights and Freedoms, or to other
constitutional questions.
It also appears that regional contract counsel carry out their roles and responsibilities often with
very little opportunity for engagement with MCFDs senior administration regarding the policy
directions, objectives and priorities of the Ministry. The overall number of contract counsel
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significantly involved in conducting child protection work is really quite modest, approximately 40
law firms involving about 70 lawyers.
Looking Ahead
The obligation to seek advice or, at minimum, to notify Legal Services Branch counsel and,
through them, MCFD senior administration, of any complex, potentially problematic or
controversial litigation is not currently as robust as it ought to be. Given the increasing
complexity and the volume of such cases, this is an area that could benefit from further attention
and the Provincial Director of Child Welfare should be more actively engaged in oversight than
what is presently the case.
From my perspective there is a pressing need for interaction between the senior MCFD
administration and Directors Counsel at the regional level. Today the Ministry pays the bill but
has minimal input.
At minimum an annual opportunity for direct engagement among the Deputy Minister, the
Provincial Director, senior regional and headquarters staff at MCFD, LSB Counsel and regional
contract counsel to facilitate a greater degree of information sharing and policy dialogue than
what has been achievable in the conventional model.
4.8
External oversight
All government ministries are subject to oversight, often by Officers of the Legislature like the
Ombudsman, the Auditor General and the Freedom of Information and Privacy Commissioner.
Occasionally a ministry will receive recommendations from another legislated body like the
Coroner. MCFD is unique. Since its inception in 1996 it has had constant and specific
oversight from the Childrens Commissioner, the Child and Youth Advocate, the Child and Youth
Officer and, based on the recommendations in the Hughes report, the current Representative
for Children and Youth.
For the last nine years MCFD has been the only ministry in government that has a dedicated
oversight mechanism that reports to an all-party Committee of the Legislature: the
Representative. Hughes never believed this would be a healthy or appropriate situation in the
long term.
The efforts of the Representative, including her focus on the failure to implement the full Hughes
recommendations, have been significant but only partially successful. Communications
between the Representatives office and MCFDs Deputy Ministers office have broken down
completely at times.
During the period between the summer of 2008 and the spring of 2011, MCFD and the
Representative struggled over competing visions, one of which was focused on implementation
of the Hughes Report vision for the Ministry, one which was pursuing the new Transformation
already described, and another over Aboriginal authorities. After a protracted battle for access
to documents, the two most important officials charged with providing oversight to the child
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protection system in BC did not speak for more than 18 months. This is not laid solely at the
feet of either the Representative or the Deputy Minister of the day.
Sadly, the relationship between the Representative and the Ministry has become strained.
Persistent tension permeates everything that involves the two organizations that, at times,
compromises their respective capacities to elevate the quality of service to which they are both
committed.
There does appear to be light breaking through the clouds. Recently, the Minister and the
Representative have announced a joint review of the policy regarding children in care who are
placed in hotels. I also understand that they are working together on initiatives regarding
adoption. These are very important steps forward and speak to a sense of collaboration, which
is not only what Ted Hughes recommended as the best approach between the two, but is also
what makes sense. I also understand that the Childrens Forum will be reconstituted and this is
also a good step forward.
The Representative has published 29 MCFD related reports over the last nine years. These
have contained 154 recommendations, 129 of which were directed at the Ministry. The
recommendations are generally broad, and when examined more closely, disclose something
more in the nature of 572 actionable recommendations. The Representative views these as
details; the Ministry views them as recommendations. For implementation reasons I believe
they are recommendations. It should also be noted that many of the reports before the
Representative also had this characteristic, but when it comes to field implementation it is the
detail that changes what is there now or adds another layer of policy.
The 572 recommendations are, most often, thoughtful ideas that are aimed at driving the
Ministry forward and improving the work that it does. In the Representatives own words: "the
Representative is committed to making worthwhile and valuable recommendations to help
improve the child-and-youth system in BC... However, the Representative does not have the
authority to carry out these recommendations. That is up to Government."
The impact of the Representative is constant, her office has been dedicated and
uncompromising in its determination to provide oversight, and the Representative herself has
been insistent in her demands. About 70 per cent of the time, MCFD does implement the
recommendations of the Representative, and most often without any additional resources. But
the sheer volume and constant nature of these recommendations is overwhelming, especially
when combined with recommendations from other reports and other agencies over the years. It
would be challenging for a well-tuned ministry to keep up, let alone one with so many other
pressures. Despite everyones best intentions, the constant recommendations have become
part of the bigger management problem.
Also, as the Representative notes, government is not effective at dealing with recommendations
that require cross-government coordination - for example, to address child poverty. An
additional challenge is that the Representative serves two roles: providing oversight to MCFD,
and serving as an advocate. The advocacy role sometimes means that the Representative is
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focused on rallying against the very people whom she has just charged with implementing her
recommendations.
Looking Ahead
As the current Representative is in the ninth year of her mandate, I think it is timely for the
Legislature to consider the issues that I think need to be addressed. I believe this should be
handled in the way envisioned by the Hughes Report, in a spirit of collaboration. I will elaborate
later on this issue.
Hughes said several things in this regard:
This may not be a permanent aspect of its mandate. As discussed below, it is unusual to
have an external body overseeing the functioning of a government ministry. This is
essential at this time, to restore public confidence in the child welfare system, but it may
not always be necessary. I suggest that this area of responsibility be reviewed in five
years time: if conditions have changed substantially by then, the mandate of the office
may be revised at that time to include only its advocacy functions.
It is very hard to argue that conditions have changed substantially. He goes on:
Most government ministries are not subject to formal oversight by an external body and
it may be that in the future, there will be no need of an independent office for children.
The Ministrys own performance measurement, quality assurance programs, and public
reporting may in themselves be sufficient to assure British Columbians that vulnerable
children and youth are being protected as they should be. It may not always be
necessary to have an external body overseeing the functioning of the child welfare
system, although at this time, the need for public confidence in the system demands it.
In my view the situation at the end of 2015 is different than in April, 2006 in that real change is
underway in the Ministry. Is it substantial enough to do away with the Representatives office
and its current functions? No it is not.
Can it be in a few years? Yes, I believe the development and further expansion of the Quality
Assurance functions in the Ministry can be ready in about two years to take on the oversight
function currently fulfilled by the Representative. I also believe that within about 18 months, the
Ministry can have a fully operational public information system to provide transparent, trusted
public information.
However, while that must be the goal there can be no fixed date, because I believe it is the
Standing Committee, with the benefit of advice from the Representative and the Ministry, that
must judge when the Ministry is ready to undertake these responsibilities. I believe that if the
Ministry and the Representative work collaboratively on this project it is achievable. Perhaps in
a year or so a few joint reports might test the capability, help with the collaboration, and assure
the public of their efficacy.
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4.8.1
A culture of blame
Child welfare is a unique function of the modern developed state. It requires that agents of the
government oversee the care of children identified at risk. Child welfare workers are able to
enter homes without warrant, remove children and seek court orders to have them permanently
committed to government care. Of course, they are also able to offer support services, work
with parents to improve their parenting skills, provide additional resources to children coping
with mental health, addiction or developmental challenges and act as resources for parents
struggling with the burden of parenting.
There is no doubt that the death of a child is a tragedy that bears close and exacting scrutiny. It
is the case, though, that deaths and serious injuries to children known to MCFD occur rarely.
Despite this, there is a natural concern by the public, media and the Opposition that each case
gone wrong represents a failure on the part of the system. Sometimes, this leads to an
avalanche of criticism and calls for change that, ironically, leads to even greater instability and
loss of confidence in the work of the Ministry.
Despite our desire for improved services and repeated calls for less partisanship on the issues,
there seems to be a great appetite for piling on and blaming both individual workers and the
system at large for perceived and real failings.
This is not the case with almost any other area of public service that touches the interests of
individuals. When something goes wrong, we do not see the same kind of intensely personal
and negative attacks on the entire system. This is perhaps to be expected given the terribly
tragic nature of the abuse and neglect suffered by children in these highly publicized cases and
may reflect the Ministrys inability to reclaim some level of credibility that it is both a responsible
and an accountable organization.
Looking Ahead
In addition to the other suggestions I have to address the culture of blame for example, a
rethinking of the management model, better and ongoing training, and a remodelling of the
Ministrys Quality Assurance system the Legislature could consider changes to the privacy
restrictions that surround cases to permit more fulsome debate in the Legislature.
Consideration should be given to allowing confidential background briefings to Opposition
members on specific cases, and to have a Ministry spokesperson. I will expand on this in the
following section.
4.9
I enter this section with trepidation. Politics, and the political realities of BC, are not the usual
territory for a person whose career was in the public service, and one whose only political
experience was as a failed candidate in the 1969 provincial election in Nanaimo, where I
received fewer votes than I have relatives.
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However, I feel there are some things that needs saying, about how politics in BC have come to
impact the delivery of child welfare services.
Politically, we live in a polarized province. Our elections always offer us a clear choice, but it
has been my experience that, once in power, both parties tend to govern in the centre except at
the margins. Of course there are differences at the margins, and policies will swing one way or
the other: one may create an ICBC, another might sell Mainland Gas from BC Hydro. But on
the core issues like healthcare, they do the best they can with what they have.
Our legislature has always had a deserved reputation for the cut and thrust of debate, especially
in Question Period. Unfortunately, this extends to child welfare, where both parties when in
Opposition take the details of a specific tragic case and imply that this represents the entire
Ministry. I believe the child welfare system will work better when it has moved away from
specific case details being applied universally. Better for children and families, and better for
the staff who try to deliver the services.
The recent tragedy in Tofino, where a whale watching boat capsized and killed six people, was
tragic. The public wanted information, and as soon as possible. But we accept that we must
wait until the Transportation Board carries out an investigation. Nobody says "heads must roll"
and the captain, let alone the Minister of Transportation, should be fired.
Compare that to the recent tragedy of a young man who died after falling from the window of the
hotel where he had been placed by a delegated Aboriginal child welfare agency. Once the
news broke of this tragedy, the media was immediately filled with comments of "heads must
roll".
Why? Both situations were tragic.
When it is not a child welfare case, there is a recognition that a fair hearing will be held.
Accountabilities will be dealt with, but first the facts need to come out. Surely the same should
apply to child welfare.
Looking Ahead
There are some things we can do about the impact the political process is having on the child
welfare system, and still retain our BC tradition of hardy political debate around the issue.
I have mentioned above some ideas for MLA's to consider for example, the legislature could
consider changes to the privacy restrictions that surround cases. There is nothing more
damaging for any Minister, in whatever party, to be unable to respond to questions when the
reason is restrictive confidentiality legislation. The Opposition is left with embarrassing the
Minister for not being forthright and arguing she or he should resign. Much of this based on
news reports and anecdotal information. For me, this is reminiscent of calls for the resignation
of Minister Priddy in this circumstance when I was her Deputy and when the Liberals were in
opposition. I witnessed this again when the parties had switched places and the current
Minister's resignation was demanded in the fall session. The pattern is predictable but not
particularly productive.
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The reports and media stories of tragic events that fuel Question Period demands for
resignations are enjoyed much more in Opposition, whatever the party, than when they form
government.
Consideration should be given to changing legislation to allow confidential background briefings
to Opposition members on specific cases. Then the debates in the Legislature could gravitate
to a higher level, and be based on facts.
Would this restrict the cut and thrust of question period debate? I think not. There is no more
partisan legislature in the world than the Congress of the United States. Yet their House Rules
and conventions permit confidential background briefings, which are now a regular feature on
national security issues. This does not take away from the debate in the House or Senate,
indeed it elevates it.
In the future, the Chair of the Standing Committee and a designated person from the Opposition
should have the authority to request, within seven days of a high profile case becoming public,
or at the initiation of the Minister, an opportunity for a confidential briefing which could include
the Representative. Establishing the framework for a process of this kind may require a modest
legislative change.
The expectation would be that the Minister and staff could disclose sensitive personal
information about a victim, for example, that would help to explain what went wrong in the care
plan and safety program for this child or youth, even if an investigation, for example, is not
complete.
I encourage the members of the Legislative Committee to travel to Washington DC and observe
their system of background briefings work in action, and report to the Legislature on how this
process may be adapted to BC.
The second area that is the responsibility of the Legislature is the role of the Representative. I
must comment that the province owes the current Representative a very large debt of gratitude
for the inexhaustible energy and determination she has brought to the position.
As I argued above, I believe it is time to follow the advice Ted Hughes gave in this matter when
he recognized how rare it was, and how unhealthy, to have a single Ministry under external
oversight continuously and for long periods of time.
External oversight should end when the Ministry is capable of carrying out these functions, and
the Representatives role should become one focused on advocacy.
Obviously, the Representative will continue to investigate cases and issues, and whomever is
the new Representative would likewise continue. This is essential work. But as Ted Hughes
recommended and this report endorses, the time will come when the Ministry itself picks up this
work as well as provides a first rate public information service.
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The Chair of the Select Standing Committee on Children and Youth reported on March 26, 2015
to the Legislature. Jane Thornwaite, MLA noted the committee was in receipt of a joint letter
from the Deputy Minister and the Representative that described their shared view that the
functions of the Representative not be changed until further review is carried out before April 1,
2017.
I believe this presents a perfect timetable for a solution to the temporary oversight that Ted
Hughes recommended. The Ministry is not ready to take on these functions, but could be if
April 1, 2017 is viewed as a target date to have in place an appropriate Quality Assurance
program and public information system.
The person next selected to undertake the role of the Representative will have to bring a unique
set of skills to bear on the job. The goal of the next Representative should be to advise and
overview the development of the Quality Assurance and public information service in the
Ministry. Legislation would be required.
I think we lose the battle against child welfare reform when we hear the story of a single case
and are then consoled by the recommendations of a respected authority. The media lavishes
attention on that, but it is too simplistic. Our hearts and our emotions overtake reason.
In the future it will be important to ensure the public is informed not only of the Ministry failures
but also of its successes through a strong and effective public information program.
A step in this direction would be to have a Ministry spokesperson that can, over time, gain the
trust of the public. This position would be a demonstration of a greater commitment to public
transparency, and would be provided with the ability to communicate to the public within the
scope of the privacy provisions of the legislation, as amended. Again, the Vancouver Police
Department and the Integrated Homicide Investigation Team (IHIT) provide good models of how
the public interest is better served through increased transparency.
I would add that the position should not be added to the responsibilities of the Provincial
Director of Child Welfare and nor should it report directly to that position this would focus its
work too specifically on child welfare. Instead, I believe it should be this position which is the
main focus for media inquiries and the provision of information to the public. In times of high
profile cases, this position should be the governments face for explaining the facts and the
next steps.
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all of these issues must be considered together, and that looking at each strand on its own is
not enough.
One could argue, for example, that the legal issues could be addressed without reliance on or
need for action with respect to the other factors. One could also argue that that it will take time
to provide enough assurance so that the public will accept that the Ministry can stand alone
without an oversight body; or that privacy issues are there for good reason and should be left
alone; or that the politics in BC are what they are. Those would be strong arguments.
But I think in the future as we look at how best to serve our children, and especially those in
need of services in this Ministry it behoves all of us to take a holistic approach to the solution.
To use my earlier analogy that we need to braid these strands into the rope or steel cable, I
would argue that only through a collective effort can we build a system as safe as possible for
our children. As I mentioned at the end of my introductory section, that leadership starts with
the Members of the Legislature.
5.0
In British Columbia, a person is considered to be a child until the age of 19. That means that
there are 988 weeks of childhood, I think it is sometimes better to think about childhood in
weeks rather than years as it forces us adults to ponder in manageable chunks how short a time
childhood really is. When the system is backed up and decisions are not made about keeping a
child in care or returning him or her to the parents, it is weeks that may pass by. In the life of a
six-year old child, there have only been 312 weeks of life.
Imagine that a front line worker with a heavy caseload doesnt make a decision for six months,
perhaps because the resources are not available. Another 24 weeks of the childs life have
passed by. We often forget that children sense time differently than adults and our decisions,
even though they might be technically correct, can needlessly impact their life.
Im sorry to have to say that there is no magic wand to resolving the child protection issues in
our communities. As we all know, the breadth of concerns that affect children is very large and
the techniques for resolving those concerns can sometimes be elusive. Having assessed a
child as needing supports and services, the plan (and sometimes the court) requires that the
treatment be provided. Sometimes the required services are not available through the usual
streams; it is usually neither practical nor affordable for all specialist services to be provided
evenly across all communities. Just as in health care where specialist medical services may not
be widely available, so it is in childrens services. However, all of the elements I have already
addressed must be present for the system to work effectively.
Child protection systems do not spring fully formed from governments. They need a community
to embrace the notion of childrens rights, an education system that is oriented toward nurturing
their students, a health care system that promotes and protects their health, a justice system
that treats them fairly, appropriate training for the professionals who will work in the field, and
sufficient budgets to support long-term planning.
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I have tried to understand the situation of the Ministry at the time of the J.P. case, and today. I
have questioned its functional readiness to make decisions then and now.
Earlier in this report I remarked about how the hurly burly I described during the time period the
case was in the system might have impacted the front line workers and their decisions.
Obviously, until the case review is completed next spring I am in no position to comment and
will not do so.
But I have arrived at what is normally the place in a report where recommendations flow. This
presents a conundrum.
Do I join the parade of more than 1,000 passionately held recommendations that have flown at
MCFD over the last few years? After being critical, would that not be hypocritical? And this is
only part one of a two-part review.
So I considered using a different path which would consist of options that Cabinet might wish to
consider:
Option 1 would propose retaining the status quo which is characterized by static or
incrementally-reduced, or inflation level funding that is interrupted by haphazard infusions of
one-time attention and resourcing, usually following the publication of a major report like the
Gove or Hughes Reports.
If this option was selected, it is very likely that in five or ten years another independent reviewer
will be called in. They may make similar observations, and put forward more recommendations
about how to address MCFDs challenges. The Representative will be frustrated and nothing
will have changed.
Option 2 would propose a one-time infusion of extra funding, a fairly typical approach after a
difficult case. This approach has the principal benefit of defusing the issue politically by
providing one year, one time funding.
If this was selected option it would provide government with breathing room to face the next
crisis, and perhaps the next election, and turn to the thousand and one other problems every
Cabinet faces weekly that always seem to require tax dollars.
Option 3 would propose a strategic four-year plan that would start immediately and would be
carried out over the next four years. The plan would contain measurable milestones, outputs
and outcomes, be approved by Treasury Board and Cabinet, and be publicly announced. The
strategic plan would include implementation and a long term financing commitments.
Selecting this option would demonstrate the governments commitment to a systematic, planned
attempt at addressing the Ministrys long standing problems.
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I am convinced that variations of these and other options are available, but I believe that a
structured plan that methodically deals with the disparate but related problems identified in this
report would succeed. It is outlined below.
A Strategic Multi-Year Plan
There are eight components to this strategic plan I would advise you to consider:
1. Rethink the management model;
2. Strengthen staff resources;
3. Restore MCFDs programs;
4. Respect and support professional decision making and professional growth, including
technological tools;
5. Streamline policy, and move practice towards evidence-based, structured delivery;
6. Fully implement Quality Assurance;
7. Provide appropriate and effective oversight; and
8. Put appropriate financial resources in place.
The sections that follow provide a summary of the major points that could be considered in each
component; they summarize the detailed discussions that are outlined in the Looking Ahead
portions of my observations, set out earlier in this report.
The Ministry will be required to review, update and adjust the plan after two years and should
release the updated plan as part of its public information responsibilities.
Let me be clear: additional resources with phased-in budget increases are needed for the plan
to work. And while I realize that future budget increases depend to some degree on the
provinces fiscal capacity, the funding suggested in the first year is minimally required to begin
the process. But the decision by cabinet, before and after the next election, for long range
financing of an approved implementation plan lies at the heart of this advice. Without this
commitment we will return to option one.
I must also note that phased-in budget increases work better in the long term than putting
money into Ministries that are not yet ready to spend the funding. If the strategy is to be
successful, the plan must get a staff and budget increase this fiscal year in the direction
advised, but the key is to receive staged increases over the next four years starting in 2016/17.
If we are to be successful in overcoming widespread scepticism, this approach will require
senior staff to first involve field staff in the development of the plan, then present and convince
staff throughout the Ministry that this is the direction we are going in and this is what we are
going to accomplish. And this is what, when accompanied by the other elements and if driven
forward by all staff, and supported by the communities they work in, and of course the Cabinet
of the day, will turn the Ministry on its head.
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The vehicle to accomplish this change will be buy-in of the entire Ministry into the multi-year
plan which would look something like this:
Year one (2016/17) will be consolidation, planning, buy-in with a start-up injection of staff
and money;
Year two (2017/18) will include: piloting an preliminary alert code model, staff training and
specification of a computer supported alert system; strengthen Quality Assurance
capacity, program delivery improvement;
Year three (2018/19) will include: completion of an automated alert system, fully
established training for post recruitment and leadership training; and
Year four (2019/20) will include: a practice and policy review to be available to inform the
public of progress, problems and future directions.
View this four year overview as a roadmap for general direction, not a blueprint. The detailed
planning will adjust as out these directions are refined, but they are not, nor should they be,
considered prescriptive recommendations. Internal experts need to make these plans and have
them approved, and be held accountable for the outcomes.
5.1
Management Model
Develop a computer supported program that creates an alert code for serious cases as
they enter the system from active, reported incidents, and integrate this information with
Quality Assurance data. This will allow executive management to aid and commit to
enhancement to the Ministrys information systems that will support both the direct level of
service and head office. This must be done incrementally, and by not increasing the
computer time required by front line staff; and
Shift the culture from one of blame to one of learning, respect and commitment to a
common plan and delivery system; and every improvement must be measured by its
success in freeing front line staff to spend more time with clients, and aids their evidence
based decision making.
5.2
Staffing
The proposed plan should take into consideration staffing needs from a number of perspectives.
Key factors include:
Front line and support staffing, fiscal year 2016/17
Provide the 100 FTE's agreed to as part of last years staffing plan, with financial
backing;
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And, in addition:
Replace the equity funding model for hiring with staffing levels based on an assessment
of function translated in terms of work load;
Dedicate new staff through recalculation of requirements, presented in the 2017/18
budget cycle;
Provide pay raises for child protection social workers, through discussions between the
BCGEU and the PSA, framed by the principle that front line child protection is one of the
most difficult jobs in government and must be paid accordingly. This will help reduce
other employers poaching staff through more attractive higher wages; and
Enhance and develop the regional contrarian function with a long range view to
creating rotating contrarian responsibilities in each team.
5.3
Program restoration
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5.4
Efforts should focus on creating a Ministry that learns from its experiences and mistakes,
through skills and management training that applies throughout the organization, from entrancelevel and veteran front-line staff, to supervisor and team leaders, and to executive leadership.
Recognizing that technology is the catch word for the tools we need to deploy to do the job
more efficiently, and more importantly, effectively, these issues should tie together as a major
part of the plan.
The plan should include the following considerations:
Focus on leadership and decision making, liability, risk analysis, and ideas about
evidence-based decision making and avoiding narrative confirmation bias;
Any new degree program proposals should be designed to address child protection
content and associated skills;
Enhance post-recruitment training and practicum program;
Develop a leadership training program, particularly for those operating in high stress
functions;
Invest in quality assurance training assurance and continuous quality improvement
training, moving the Ministry from a culture of blame to one of learning;
Train sufficiently before introduction of new policy, practice and technology to ensure
consistency of application, including measuring the impact of the trainings success and
re-training if required; and
As staffing levels increase and technology improves over four years, front line workers
will have more time for training, and more ability to take training away from the job site
as back fills will be available.
To meet these objectives the Ministry requires a training, research and analysis budget of about
$20 million over the next four years, and an operating budget of around $5 million a year
thereafter.
Technology
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Legal considerations
5.5
Better inform judges and others regarding the content and implications of orders made in
related proceedings;
Direct engagement among the Deputy Minister, the Provincial Director, senior regional
and headquarters staff at MCFD, LSB Counsel and regional contract counsel; and
Amend current legislation to enable privacy concerns to be protected but also provide for
more case-specific public release of information. Also clarify the various jobs in the
organizations, and the occupants specific delegated authorities.
With respect to professional policy and practice, the plan should take into consideration the
following principles:
Simplify and streamline policy and standards to ensure easy access by staff and clear
integration of policies across the Ministry;
Build on evidence-based practice;
Prioritize any new practice, policy or programs and ensure that adequate resources are
in place to deliver the program before implementation commences, recognizing there
will always be exceptions that prove the rule; and
Consider a fall announcement date for new policy, practice, programs or technology,
gain feedback, check resources, and implement new changes the following spring on a
fixed date schedule for the large majority of changes, bringing a sense of planned
progress and stability.
5.6
Quality assurance
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5.7
Oversight
2.
An agreement that members of the Opposition are still free to criticize the government
for its handling of a child protection matter(s);
3.
Staff of the Select Committee could normally attend the briefings and report on them in a
sensitive manner for purposes of annual reporting;
4.
For the most sensitive cases, such a confidential briefing could be limited to the Chair
and Deputy Chair of the Select Standing Committee;
5.
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6.
When a high profile case becomes public the Minister, the Chair of the Committee, the
leading member of the Opposition, or the Representative could call for a briefing within
seven days; and
7.
These briefings would be, obviously, in camera, with press availability sessions
following.
5.8
Financial implications
Funding should be spread over four years, including the upcoming fiscal year;
Additional funding for fiscal year 2016/17 should be targeted at about $50 million;
6.0
This funding should apply to staffing, quality assurance and training, as well as for a
range of programs that assist families as part of the integrated service delivery system of
the Ministry; and
Fiscal years 2017/18, 2018/19, and 2019/20 should reflect the strategic plan. Annual
funding will necessarily combine some variable expenditures. For example, staffing may
be loaded into years one and two, and revisited in year four to "right size" staff, or new
technology may be purchased, implemented and then evaluated in a following year prior
to new expenditures, but a more regular program restoration will be required. Therefore,
it is not possible to predict with any degree of accuracy, until the strategic plan is
complete, what the financial implications will be in future years.
Final Thoughts
Not everything I have presented as my advice for the path forward will be achieved over the
short term. Some of the items may not even get underway until year four of the proposed multiyear, multi-faceted strategic plan. Can't it be done faster? The lesson I learnt from when I was
the founding Deputy Minister is NO. We need to recognize that twenty years later we have
problems and they, as I believe my earlier mistake shows, require four years to align cultures
and achieve successful outcomes.
Nor is it financially feasible to think the Ministry could or should manage these supports
overnight, without a solid implementation plan and Treasury Board staff oversight on
expenditures. Although I hasten to add that Treasury Board staff should resist the urge to
extend its oversight to program and practice decisions.
This report is not the Magna Carta, but is the result of a considered review conducted by a team
of highly seasoned policy and program experts (with collectively over 200 years of public service
management experience), for over four months but on a part time basis. Experts in the Ministry
and in other government departments will bring their own expertise to bear. Not everyone will
agree with everything I say or advise. That is how it should be.
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A legitimate question to ask as this report ends is if we follow the advice what can we expect in
four years. What would success look like? Here are some of the qualities or results that I would
expect to see:
MCFD will have met all the milestones in the four year strategic plan and the government
would have funded the financial plan;
MCFD will be recognized as a leader in providing excellent child welfare services based
on evidence-based systems in a collaborative effort between front line professionals who
meet high practice standards, aided by helpful technology and managed by seasoned
professionals through an interactive, integrated, incident evidence-based system;
There will be more cooperative working arrangements between First Nations leaders,
communities and Ministry staff would help to collaboratively provide culturally sensitive
supports that avoid apprehensions and encourage home placements through joint
decision making;
MCFD will have clear objective performance and practice standards fully understood by
all employees;
MCFD will make public output goals and inform the public on their success in reaching
them;
MCFD will work within a culture based on learning and professional accountability rather
than premature blame and finger pointing;
MCFD will be a stand-alone Ministry with robust Quality Assurance and Continuous
Quality Improvement systems subject to the same accountability mechanisms that apply
to all other government entities;
There will be a more rigorous and transparent public information system that enjoys a
high level of public confidence; and
Communities will pull together to provide the best child experience possible in our
province.
Will there still be child abuse and deaths? While this plan will help ensure that we do everything
that society and government can to prevent them, lets be honest and recognize that we will
never be able to police every family and prevent abuse and, yes, even murder. Just as doctors
cant heal all diseases or police prevent or solve all crimes. There is also a need for family and
community support to make this plan work, and I sincerely hope it is forthcoming. We can make
our kids safe, safer than they are now, but we will never be 100 per cent successful.
It will require a clear message and a long term commitment from Cabinet, indeed from both
sides of the Legislature.
With respect,
Bob Plecas
Plecas
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Appendices
Plecas
Review,
Part
One:
Decision
Time
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December 4, 2015
Appendix 1:
Terms of Reference
Terms
of
Reference
Intent
This
is
a
child
protection
practice
and
policy
review
in
the
matter
J.P.
and
an
investigation
into
whether
systemic
problems
exist
that
can
be
improved
through
recommendations.
Objective
The
objectives
of
this
review
are
to:
1. Examine
the
child
protection
legislation,
policy,
standards
and
practice
and
actions
taken
in
the
J.P.
case
by
ministry
staff,
supervisors
and
legal
counsel,
contracted
to
represent
the
Director,
under
the
Child,
Family
and
Community
Service
Act
(CFCSA)
and
provide
prospective
recommendations
regarding
how
any
errors
or
omissions
evident
in
the
case
can
best
be
minimized
or
avoided
in
future
child
protection
matters;
2. In
the
context
of
the
J.P.
case,
particular
focus
will
be
given
to
when
a
child
protection
matter
also
involves
private
custody
and
access
issues
between
parents,
particularly
when
there
are
applications,
proceedings,
or
orders
involving
both
the
provincial
court
and
Supreme
Court
of
British
Columbia;
3. Examination
of
the
ministrys
legislation,
policies,
standards
and
practice
to
provide
the
appropriate
degree
of
guidance
with
respect
to
child
protection
practice
in
cases
involving
custody
and
access
disputes,
including
orders
from
the
provincial
court
and
Supreme
Court
of
British
Columbia
and/or
Acts;
and
4. Provide
any
recommendations
that
may
assist
in
improving
the
ministrys
practice,
policies
and
standards.
Scope
Recognizing
this
is
not
a
public
inquiry,
nor
an
investigation
of
individuals
actions,
or
of
fault
finding,
but
rather
a
consideration
of
compliance
with
legislation,
orders,
policies
and
standards,
and
what
improvements
can
be
made
to
address
systemic
problems;
this
review
will
require
interviews
with
government
staff
and
other
involved
relevant
people
to
support
and
inform
the
process.
With
a
focus
primarily
on
the
J.P.
case,
the
following
is
in
scope:
Legislation,
Policy
and
Standards:
1. Review
the
legislation,
policies
and
standards
that
were
in
place
during
2009
to
2012,
and
those
that
currently
exist,
with
respect
to
child
protection
practice
in
cases
involving
custody
and
access
disputes,
and
assess
whether
they
were
sufficient
to
provide
the
appropriate
level
of
guidance
and
support
to
staff.
This
review
includes
how
orders
from
the
provincial
court
and
Supreme
Court
of
British
Columbia
and/or
under
the
authority
of
other
Acts
may
interact
with
Ministry
legislation,
policy,
standards
and
practice.
Practice:
2. Review
all
records
pertaining
to
J.P.
up
to
2012
that
are
necessary
to
achieve
the
objectives
of
this
review
including
a
report
of
a
child
welfare
expert
retained
by
the
Ministry
for
the
litigation,
to
determine
whether
the
actions
taken
by
the
Director
under
the
CFCSA
were
consistent
with
legislation,
policy
and
standards.
Plecas
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53
December 4, 2015
3. Review
the
practice
undertaken
by
ministry
staff,
supervisors,
and
legal
counsel
contracted
to
represent
the
Director
under
the
CFCSA
with
respect
to
child
protection
matters
that
also
involve
private
custody
and
access
issues
between
parents,
particularly
when
there
are
applications,
proceedings,
or
orders
involving
the
provincial
court
and
Supreme
Court
of
British
Columbia.
4. The
reviewers
acknowledge
that
any
records
made
available
to
them
for
the
purpose
of
this
review
are
confidential
and
provided
to
them
only
for
the
purpose
of
this
review.
Such
records
are
subject
to
the
provisions
of
sections
74
and
75
of
the
CFCSA
and
the
Freedom
of
Information
and
Privacy
Act
to
the
extent
that
its
provisions
have
not
been
superseded
by
the
CFCSA.
Although
many
internal
records
of
relevance,
including
the
expert
report,
have
been
tendered
in
evidence
in
court,
the
court
file
is
subject
to
a
sealing
order
and
therefore
the
records
are
not
accessible
by
members
of
the
public.
Recommendations:
5. Based
on
the
findings
of
this
review,
provide
recommendations
for
improvement
of
the
ministrys
practice,
policies
and
standards.
Approach
This
review
will
be
led
by
Bob
Plecas.
He
will
be
joined
by
a
research
consultant
associated
with
the
Child
Welfare
League
of
Canada
(CWLC),
and
other
contract
specialists,
if
required.
For
the
purposes
of
this
review,
Mr.
Plecas
has
been
designated
as
a
Director
pursuant
to
section
91
of
the
CFCSA
with
authority
to
carry
out
a
service
review
as
contemplated
by
section
93.2
of
the
Act.
Deliverables
Mr.
Plecas
will
provide:
Reports
to
the
Minister
to
inform
of
progress,
in
a
manner
as
agreed
between
the
Minister
and
Mr.
Plecas.
An
Interim
Report
on
the
comparative
analysis
of
applicable
legislation,
policy,
standards
and
practice
and
recommendations
for
the
improvement
of
Ministry,
and
other,
systemic
processes.
A
final
report
summarizing
the
review
and
will
include:
o An
analysis
of
the
J.P.
case
and
how
it
informs
systemic
issues
with
legislation,
policies,
standards
and
practice;
o Findings
related
to
each
objective;
and
o Recommendations.
Public
Release
of
Report
An
interim
report
will
be
submitted
to
the
Minister
no
later
than
January
18,
2016.
The
interim
report
will
be
provided
to
the
Representative
of
Children
and
Youth
in
advance
of
the
Minister
making
the
report
public
no
later
than
January
28,
2016.
The
date
of
the
final
report
will
be
determined
when
the
proceedings
contemplating
the
disclosure
of
materials
relating
to
the
J.P.
case
have
been
resolved.
Plecas
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Time
54
December 4, 2015
Appendix 2:
Bob Plecas
In the eighties, Bob Plecas served as Deputy Minister under five Premiers and 25 Ministers, in
ten Cabinet Portfolios. He acted as a government trouble-shooter and was concurrently
responsible for the Royal and VIP visits during EXPO; labour negotiations and government
personnel issues; outsourcing and privatization; creation of and Secretary to the Board of the
BC Lotteries Corporation; head negotiator on domestic and international files; and general allround fixer on a plethora of other difficult problems. During his time in government, he was
author of over 20 major pieces of legislation.
Bob also served as lecturer at the University of Victorias School of Public Administration and
Queen's Universitys Senior Manager's Course. Programs developed and taught include
"Negotiation Strategies", "Crisis Management" and "Best Practices".
Bob left government in 1991 and for five years he advised leaders of BC's major corporations as
well as the Coalition of Small Business on practical solutions to difficult problems. He returned
in 1996, at the Premier's request, to lead the largest government reorganization in the history of
BC to establish the Children's Ministry.
As planned, he left government in 1998 and returned to work as a consultant with CEO's and
Chairs of the Board of major Canadian and BC companies on their most difficult problems,
including acting as President of BC Lumber Trade Council for negotiations in the softwood
lumber trade dispute between Canada and the USA.
Another career followed, this time finding solutions through mediating litigious disputes over
development projects valued in many hundreds of millions of dollars between First Nations and
industry.
Bob also served as a political analyst on CBC radios weekly politics show for 12 years, and has
been a regular television pundit on programs such as Vaughn Palmer's Voice of the Province.
He also writes extensively on political issues in newspapers across the country and is the author
of the best-selling book Bill Bennett, a Mandarin's View (2006).
Bob lives in Victoria with his wife, Pauline Rafferty, recently retired CEO of the Royal British
Columbia Museum. They have 5 children and 10 grandchildren.
Don Avison
Don Avison is a Victoria based lawyer and consultant with extensive legal, public policy and
governance experience. He was with the Attorney General of Canada for many years serving as
a Crown Attorney where he frequently dealt with cases involving assaults and sexual assaults
within families, as appellate counsel in the office of the Assistant Deputy Attorney General in
Ottawa, as General Counsel and Chief Crown Attorney for the Northwest Territories and as the
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Director General of Justice Canadas Aboriginal Justice Initiative. In 1994 he returned to the
Northwest Territories as Deputy Minister of Justice.
Don has been counsel at all levels of Court and was counsel, or co-counsel, on several
important Supreme Court cases including litigation that upheld the constitutional validity of
mandatory minimum sentences for first and second degree murder.
In British Columbia, Don has served as Deputy Minister of Education Skills and Training, the
Crown Corporations Secretariat and Health, followed by a ten year term as President of the
University Presidents Council of British Columbia. He is frequently called upon to do
independent governance reviews, and his 2010 review of B.C.s College of Teachers resulted in
fundamental changes to that organization.
Jeremy Berland, MSW
Now working as a consultant, Jeremy retired in 2013 after nearly five years as Deputy
Representative for Children and Youth. He was British Columbia's Director of Child Welfare and
Assistant Deputy Minister for Regional Operations from 2003 to 2006 and this appointment
followed a career at virtually every level of service delivery in child welfare from direct service as
a child protection worker to local and regional management. Jeremy has spoken extensively in
Canada and internationally about child welfare issues. Jeremy was one of the authors of BC's
child protection legislation, BC's Adoption Act and many other legislative initiatives.
As Deputy Representative, Jeremy was a key member of the executive group and had direct
responsibility for the administration of the office, the advocacy and research functions. Jeremy
holds an appointment as Adjunct Assistant Professor at U Vic's School of Child and Youth Care.
In addition, he has maintained multiple mentoring relationships with young people at various
stages of their child welfare careers
Les Boon
Les Boon possesses a Masters Degree in Counseling Psychology from UBC. He began
his career as a Youth Probation Officer in Vancouver, holding positions in both community
services and correctional centers. His work focussed on program development that was
designed to minimize the negative effect for youth in custody, and facilitate the re-entry of
incarcerated adults into the community.
During this phase of his career, Les initiated a
treatment program for incarcerated adult sex offenders; provincial interagency sex offender
treatment program standards; interagency youth resource planning for improving agency
access; and resource sharing and targeted planning for youth at risk.
Les joined MCFD after 24 years in Correction and spent 12 years as the Regional Executive
Director for the Fraser Valley area. He is committed to integrated community-based agency
planning and resource decision making focused on youth engagement, and he deeply believes
that better decisions are made when those affected are engaged in the planning and decision
making, with outcomes set and measured by research-based quality assurance standards.
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December 4, 2015
Les is a recipient of the Governor General Exemplary Services Award. He has served as a
Board Director of the Child Welfare League of Canada, the Vancouver Children's Foundation,
and the Spirit Bear Aboriginal Treatment Centre for girls.
Jane Cowell
Jane Cowell started her career in Child Welfare in 1978 in Williams Lake. Over the years Jane
has held various local and regional management roles in the field of child welfare. In 1991 Jane
served on the Community Panel, a very extensive provincial consultation process, which
informed the development of the Child, Family and Community Service Act. In 1996 Jane was a
member of the transition team that facilitated the development of the MCFD. She later became
the regional Operating Officer for Greater Victoria. Jane retired after 32 years in the field of child
welfare. She has always been passionate about the work with children and families.
David Harris Flaherty PhD
David Flaherty is a specialist in the management of privacy and information policy issues. He
served a six-year, non-renewable term as the first Information and Privacy Commissioner for the
Province of British Columbia (1993-99). He wrote 320 Orders under the B.C. Freedom of
Information and Protection of Privacy Act and also pioneered the development of Privacy Impact
Assessments and site visits as forms of privacy compliance auditing.
As a consultant since 1999, Flahertys services for clients have included strategic advice on the
management of privacy issues and of relationships with privacy authorities, privacy advocates,
and the general public; conducting overall assessments of privacy compliance (privacy reviews,
audits, site visits, knowledge transfer); preparing Privacy Impact Assessments; helping to
manage and prevent privacy breaches; and developing on-line privacy training and other
privacy risk management tools. Flaherty has written or edited fourteen books.
Dr. Deborah Goodman
Deborah Goodman is the Director of the Child Welfare Institute (CWI) at the Children's Aid
Society of Toronto and holds a status position as Assistant Professor at the Factor-Inwentash
Faculty of Social Work, University of Toronto. She has worked, taught and conducted research
in the Ontario child and family, child welfare and children's mental health fields for over thirty
years. As well, she consults and conducts reviews of child welfare cases before Canadian
courts regarding adherence to practice standards.
Deborah and the CWI team currently provide training on a multitude of topics to thousands of
human service and helping professionals each year. Since 2007, the CWI team have completed
over 100 research studies and community based evaluations focused on advancing evidenceinformed practices aimed at-risk/vulnerable children, youth and families. She is committed to
partnering and collaborating with youth, families, community agencies, academia, policy makers
and funders to advance evidence-informed practice, outcome measurement and evaluation
frameworks.
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In 2007, Deborah received the Outstanding Achievement in Research and Evaluation Award
from the Child Welfare League of Canada.
Rene Peloquin
As a partner of Queenswood Consulting Group, Ren Peloquin brings almost 20 years of
experience with program evaluation and analysis, policy development, strategic and operational
planning, performance measurement and change management. Ren has led more than 30
reviews working with social services and health sectors; and prepared plain-language reports to
government and community-based agencies. Rene has a Juris Doctor from the University of
Victoria, and was called to the Bar in BC in 1997. Since, he has focused on management
consulting, and is a partner with Queenswood Consulting.
Thea Vakil PhD
Thea is a researcher and former senior executive with extensive experience in a number of
large portfolios in the British Columbia government, including Secretary to the Treasury Board,
Associate Deputy Minister for the Ministry of Health and the Ministry of Children and Family
Development. She is an award winning Associate Professor and Associate Director of the
School of Public Administration, University of Victoria, where she teaches graduate courses in
public policy, leadership, ethics and strategic planning. Her research interests are public policy,
governing structures as well as organizational change and innovation.
She consults
extensively on these and other topics with local and provincial governments.
Claudia Wilimovsky
Claudia recently joined the review team to provide communications advice. She is a
communications professional with more than 35 years experience developing innovative
strategic management and communications plans, excelling in writing, event and project
management. Claudia worked for more than 12 years as a public servant in BC crowns,
ministries, and central agencies. In 1996 she assisted in the development of the Ministry for
Children and Families. Her last role in government was as Assistant Deputy Minister of
Communications for the Public Affairs Bureau. She has been an independent consultant for the
past 12 years and is accredited with the International Association of Business Communicators.
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Appendix 3:
Minister
Joy MacPhail
Dennis Streifel
Penny Priddy
Lois Boone
Gretchen Brewin
Edward John
Gordon Hogg
Christy Clark
Stan Hagen
Tom Christensen
Mary Polak
Mary MacNeil
Stephanie Cadieux
Deputy Minister
Bob Plecas
Mike Corbeil
Sharon Manson Singer
Chris Haynes
Alison MacPhail
Arn van Iersel
Lesley du Toit
Stephen Brown
Mark Sieben
Provincial Director of
Child Welfare
Ross Dawson
Wayne Matheson
David Young
Jeremy Berland
Mark Sieben
Marilyn Hedlund
None
Doug Hughes
Cory Heavener
Term
February-June 1996
June-September 1996
September 1996 February 1998
February 1998 February 2000
February-November 2000
November 2000 June 2001
June 2001 January 2004
January-September 2004
September 2004 August 2006
August 2006-June 2009
June 2009 March 2011
March 2011 September 2012
September 2012 present
Length of term
4 months
3 months
1 year, 5 months
2 years
9 months
7 months
2 years, 7 months
8 months
2 years, 2 months
2 years, 10 months
1 year, 9 months
1 year, 6 months
3 years, 3 months
Term
September 1996 February 1998
February 1998 July 2000
July 2000 June 2001
June 2001 January 2004
January 2004 February 2006
February-April 2006
April 2006 March 2011
March 2011 June 2013
June 2013 present
Length of Term
1 year, 5 months
2 years, 5 months
11 months
2 years, 7 months
2 years
2 months
4 years, 11 months
2 years, 3 months
2 years, 7 months
Term
Length of Term
1996-2001
2001
2001-2003
July 2003 February 2006
February 2006 January 2007
January 2007 July 2008
July 2008 March 2011
March 2011 September 2013
September 2013 present
4 years
1 year
2 years, 6 months
2 years, 7 months
11 months
1 year, 6 months
2 years, 9 months
2 years, 5 months
2 years, 4 months
Plecas
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Meaningful staff engagement in the definition, structure and processes in all aspects of
QA and at all levels of the organisation;
In particular the format, content and presentation of all Performance Measurement Data
and Reports are built in collaboration between the current data experts and the
engagement of staff;
Performance Measurement Reports are linked to community data available through
heath education and universities in order to appreciate the community environment in
which MCFD services are provided;
Achieving balance between being an accountable organization but as well a learning
organization;
Having a planning process from the office level in a manner that produces an engaged
practice improvement plan building toward a Ministry QA improvement plan; and
Demonstrating the ability to anticipate the future. Critical to this ability is to identify and
analysis trends and in this regard it would be very helpful if a Performance Management
Report included up-front a summary of practice trend.
The components of a CQI system that should be contemplated in an enhanced MCFD strategic
plan therefore include:
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Appendix 5:
The Plecas Review team would like to sincerely thank the following individuals for their
participation in this review process:
Stuart Adamson
Sarf Ahmed
Cita Airth
Sharon Armstrong
Leah Bailey
Tracey Bann
Martin Bartell
Bernadette Battle
Cheryl Beauchamp
Daniel Bibby
Karen Blackman
Allison Bond
Rob Byers
Lisa Byrne
Guy Bonneaux
Jolene Brolund
Lynn Clark
Peter Chu
Jalene Davies
Tammy Davis
Nalia Dharshi
Bev Dicks
Dan Doyle
Janit Doyle
Lisa Driediger
Suzana Dujmic
Kelly Dukeshire
Nancy Dwyer
John Dyble
Joan Easton
Paul Enns
Jennifer Erickson
Mike Eso
John Fitzsimmons
Beth Flynn
Dave Foxall
Debra Foxcroft
Darryl Friesen
Barry Fulton
Michael Gavin
Michael Gough
Leah Greathead
Alison Grundle
Berhe Gulbot
Sonja Haigh
Deb Hardman
Dianne Heath
Cory Heavener
Kim Henderson
Nicole Henderson
Sharmaine Henderson
Robyn Hill
Tina Hill
Ute Holley
Paul Houle
Cheryl Howarth
Ted Hughes
Andrea Inglis
Brad Irons
Shirin Jangi
Daniel Ji
Ed John
Darren Jones
Carolyn Kamper
Doug Kinna
Marvin Klassen
Bruce Koop
Alan Kruger
Christine Kruger
Bunny LeBlanc
Caroline Lee
Kevin Lefevre
Doug LePard
Katherine LeReverend
Joanna Lien
Einar Maartman
Terry MacAskill
Duncan MacDonald
Nicole Maharaj
Christine Massey
Kathleen Merry
Lynda Mills
Karl Olfert
Amanda Oliver
Tim Osborne
Dennis Padmore
Plecas
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Shauna Rainville
Kemp Redl
Ruth Relland
Cat Reynolds
Janice Richardson
Beth Rivera
Janine Rizzo
Sheena Robertson
Carol Ross
Kim Rossmo
Gina Saculsan
Cathy Seagris
Alex Scheiber
Bev Schultz
Julie Scott
Walter Serrraglio
Ian Shannon
Ian Sharma
Elizabeth Shields
John Shields
Mark Sieben
Kathy Simpson
Gurmeet Singh
Drew Smith
Stephanie Smith
Tom Stamatkis
Siobhan Stynes
Bruce Trites
Penny Trites
Jodi Tung
Cst Tyler Urquhart
Gary Van De Keere
Ian Van Deventer
Eric Van Egmond
Helen Van Wart
Kyla Veenbaas
James Wale
Mark Ward-Hall
Robert Watts
Jen Wells
Holly White
Sheila Wilkin
Martin Wright
December 4, 2015
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Time
67
December 4, 2015