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HomeMy WebLinkAboutPUB-003-24Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: March 4, 2024 Report Number: PUB-003-24 Submitted By: Lee-Ann Reck, Deputy CAO, Public Services Reviewed By: Mary-Anne Dempster, CAO By-law Number: Prepared By: Dave Speed, Fire Chief File Number: Resolution#: GG-021-24 Report Subject: Hope’s Cradle Recommendation: 1.That Report PUB-003-24, and any related delegations or communication items, be received for information. 2.That, based upon the formal feedback recently received from Durham Children’s Aid Society and Durham Regional Police Services, the Hope’s Cradle Safe Surrender Site no longer be pursued; and 3.That all interested parties listed in PUB-003-24, and any delegations, be advised of Council’s decision. Municipality of Clarington Page 2 Report PUB-003-24 Report Overview A Safe Surrender Site for infants has been installed by Gems for Gems at Clarington Fire Station 1. Based upon formal feedback recently received from partner agencies, it is being recommended that the Site no longer be pursued. 1. Background 1.1 In September 2022, a Clarington resident saw a news story about Hope’s Cradle on national news. She approached the local Knights of Columbus and together they made a delegation at Clarington Council to request that a safe surrender site for infants be installed in a fire station. The delegation included links to several news stories demonstrating the need for this initiative (https://globalnews.ca/video/8389649/hopes- cradle-offers-life-saving-option-for-albertans-in-desperate-situations). 1.2 At its September 12, 2022 Joint Committee meeting, Council passed the resolution that “the Director of Emergency Services/Fire Chief be directed to include the cost of installing a Hope’s Cradle Safe Surrender Site temperature-controlled compartment in the costing of the design and build for any new construction at Fire Hall 1 (Headquarters)” (https://www.clarington.net/en/town-hall/public-educations- programs.aspx). 1.3 A new fitness room was installed in Fire Hall 1 in April 2023, and the costing to install a fully operational Hope’s Cradle Safe Surrender Site was included. The Site was installed as part of the construction. 1.4 Community stakeholders were contacted to solicit their input in the development of a procedure to follow in the event the Safe Surrender Site is utilized. Stakeholders included Region of Durham Paramedic Services, Durham Regional Police Services, Lakeridge Health, Durham Children’s Aid Society, and Dnaagdawenmag BinnooJiiyag Child and Family Services. 1.5 Following numerous meetings with each stakeholder group over the past 10 months, it was determined that there was mixed support for the Site. While Lakeridge Health and Dnaagdawenmag BinnooJiiyag Child and Family Services were supportive of its installation, and Region of Durham Paramedic Services was committed to responding once it was operational, Durham Children’s Aid Society and Durham Regional Police Services had informally expressed reservations. The latter two agencies recently provided their positions in writing (Attachment 1 and 2, respectively), confirming that they are not supportive of the Site’s operation. Municipality of Clarington Page 3 Report PUB-003-24 2. Discussion Hope’s Cradle 2.1 Hope’s Cradle is one of several initiatives of Gems for Gems, a not for profit organization that supports women who are victims of abuse. Their motto is “empowering women who empower themselves”, and they have several initiati ves to this end. Programs include Hope’s Cradle, a scholarship program, a jewelry drive, and Thrive “to show survivors they can be the hero to their own story and to add duel to the empowering journey they have already begun”. 2.2 There are two Hope’s Cradle Installations in Canada, located in Manitoba and Alberta. https://calgaryjournal.ca/2023/12/21/from -tragedy-to-hope-calgarys-first-safe-surrender- site-opens-in-the-new-year/ 2.3 There are no safe surrender sites in Ontario, although several municipalities have expressed interest in adding one to their community. Agency Roles 2.4 For a Hope’s Cradle Safe Surrender Site to operate successfully it requires the cooperation and collaboration of multiple agencies and groups. Following is a summary of the roles expected from each partner agency. 2.4.1. Gems for Gems: Has supplied the Hope’s Cradle design that has been installed in Fire Station 1 in Clarington. 2.4.2. Clarington Emergency and Fire Services: Under Section 72 (1)(11) of the Child and Family Services Act, R.S.O. 1990, c. C.11 (ontario.ca), Clarington Emergency and Fire Services has a duty to report to a Society that a child has been abandoned and would therefore immediately notify Durham Children’s Aid Society upon an infant being surrendered at the Cradle at Station 1. In addition to initial notification, Clarington Emergency and Fire Services would safely receive a surrendered infant, provide an initial infant medical assessment and aid as needed, would take the lead in notifying additional partner agencies to initiate the commencement of their respective roles, and would maintain and monitor the Cradle. CEFS has been supportive of the Site’s operation. Municipality of Clarington Page 4 Report PUB-003-24 2.4.3. Durham Children’s Aid Society: Under the Child and Family Services Act, R.S.O. 1990, c. C.11, Durham Children’s Aid Society is required to protect children (15)(3)(b), including a child who is abandoned (37)(2)(i). During meetings with Durham Children’s Aid Society, they have confirmed that abandonment of a child in a safe surrender site falls within this legislative duty, requiring them to respond upon notification from Clarington Emergency and Fire Services of a surrendered infant at the Fire Station 1 location. Durham Children’s Aid Society has provided their formal written position (Attachment 1), and they are not supportive of the Site’s operation. 2.4.4. Region of Durham Paramedic Services: Following notification of Durham Children’s Aid Society, Clarington Emergency and Fire Services would contact Region of Durham Paramedic Services who would be required to respond and conduct a medical assessment of the child and administer aid as required. They would then transport the child to Lakeridge Health. Region of Durham Paramedic Services has confirmed that upon the opening of the Site and notification of an abandoned child, they would respond. They have not expressed any concerns in the Site’s operation. 2.4.5. Durham Regional Police Services: Durham Regional Police Services would be notified by Durham Children’s Aid Society upon notification of a surrendered child. They would help to determine, based on the circumstances of the child abandonment, including signs of child abuse, if a criminal investigation would be required. Durham Regional Police Services has cited several concerns in their formal written position (Attachment 2) and is recommending that the Site not move forward. 2.4.6. Lakeridge Health: Lakeridge Health would receive the surrendered child and provide care and treatment. They would then work with CAS as needed. In speaking with the Chief of Staff of Lakeridge Health on several occasions, he is fully supportive of Lakeridge Health receiving and treating any children that are surrendered in the Site. 2.4.7. Dnaagdawenmag BinnooJiiyag Child and Family Services: Under the Child and Family Services Act, if Durham Children’s Aid Society “proposes to provide a prescribed service to a child who is an Indian or native person or to exercise a prescribed power under this Act in relation to such a child they shall consult with a representative chosen by the child’s band or native community in acc ordance with the regulations” (Section 213.1). Municipality of Clarington Page 5 Report PUB-003-24 The Board of Directors of Dnaagdawenmag BinnooJiiyag Child and Family Services has provided verbal direction to the agency to support the Site. 3. Recommendations 4. Financial Considerations The Site will be closed to the public but will remain in place should Council direct staff to open it in the future. There are no operating costs to maintain the Site while it remains closed. 5. Strategic Plan The recommendation in this report is consistent with the strategic priority to strengthen existing and build new partnerships with upper levels of government, academia, businesses, community groups and other sectors. There have been numerous conversations with the agencies listed in this report to determine if a path forward could be realized to operationalize the Site. While the Site is being recommended to not open, the partnerships and relationships have been strengthened. 6. Concurrence This report has been reviewed by the Deputy CAO/Solicitor, Legislative Services who concurs with the recommendation. Municipality of Clarington Page 6 Report PUB-003-24 7. Conclusion It is respectfully recommended that the recommendations in this report that the Hope’s Cradle Site no longer be pursued, be approved. Staff Contact: Dave Speed, Fire Chief, 905-623-5126 ext. 2802 or DSpeed@clarington.net. Attachments: Attachment 1 – Letter from Durham Regional Police Services Attachment 2 – Letter from Durham Children’s Aid Society Interested Parties: The following interested parties will be notified of Council's decision: Gems for Gems Durham Children’s Aid Society Region of Durham Paramedic Services Durham Regional Police Services Lakeridge Health Dnaagdawenmag BinnooJiiyag Child and Family Services January 31, 2024 Dave Speed Fire Chief Clarington Emergency and Fire Services Municipality of Clarington dspeed@clarington.net Re: Hope’s Cradle Since learning about the Hope’s Cradle initiative in Clarington, we have had many conversations with stakeholders and have expressed our concerns with respect to our role and obligation as a police service. In reviewing the staff report and in conducting our own research, we do not see a needs’ assessment or any data that would suggest this is needed here in Durham Region at this time. I understand and appreciate that this project comes from a desire to protect and avoid tragedies, but it appears we are creating the problem by implementing this solution. The promise of anonymity and building a structure that supports that promise, negatively impacts our ability to investigate. While the report mentions involvement by Children’s Aid Societies and DRPS if there are obvious signs of abuse, it doesn’t address challenges such as coercion or abduction which would be very difficult to investigate through this process. It's crucial to highlight that the model of anonymous surrender of infants has not been tested by the Courts in Canada. It operates on the assumption that providing a safe drop box for anonymously surrendering a child circumvents the Criminal Code, which explicitly states the consequences of unlawfully abandoning or exposing a child under the age of ten. While the legal assumption is plausible, there is no documented legal case or formal interpretation specifically addressing these safe surrender sites. Currently, mothers have the option to surrender their babies at hospitals but not anonymously. This process, involving a warm hand-off, ensures a thorough examination to rule out coercion or extenuating circumstances that may require investigation while providing the mother with essential support and options that could influence this life-altering decision. Attachment 1 to Report PUB-003-24 Furthermore, there's an underlying assumption that individuals or mothers who choose to abandon their babies would opt for this safe surrender method instead of other means of abandonment, overlooking the involvement of the second biological parent in the decision- making process. Additionally, there are those in our society who object to this based on openness and transparency for adopted children and the ability to understand their heritage. While we understand that Clarington Council supported the creation of Hope’s Cradle and it may move forward, DRPS at this time can’t endorse the implementation or enter into an MOU regarding when we will and will not investigate. Wishing you all the best. 1320 Airport Blvd. Oshawa, Ontario, L1J 0C6 Tel: 905-433-1551 Fax: 905-433-0603 durhamcas@durhamcas.ca durhamcas.ca January 17, 2024 Dave Speed (he/him) Fire Chief Clarington Emergency and Fire Services Municipality of Clarington dspeed@clarington.net via email only Re: Hope’s Cradle Thank you for inviting Durham Children’s Aid Society (“CAS”) to comment and enter into a Memorandum of Understanding about the Hope’s Cradle. We understand that Gems for Gems is a charity registered with the Canada Revenue Agency and operates out of Calgary, Alberta. They have created the Hope’s Cradle program and describe that the “cradle provides a safe and anonymous surrender of the baby thus protecting its life and the anonymity of the mother. Provided the baby shows no signs of abuse, the anonymity of the mother will be entirely protected.” During our discussions with you and other stakeholders within this initiative, we shared several worries and concerns related to the implementation of this program from a child welfare and social service perspective. We were also informed by Durham Regional Police Services that upon querying the Ontario Office of Chief Coroner, their office was only aware of two instances of infant abandonment in the Province since it started to keep data, where the abandonment occurred in the circumstances that Hope’s Cradle is meant to address. At this time, we have not received any information of how the concerns presented would be mitigated by the program. In addition to our expressed concerns, in Ontario, openness is now a default approach to adoption. Openness requires the personal information of prominent figures in a child’s life or network to be obtained by a CAS. Openness in adoption denotes maintaining some degree of contact between adopted children and youth, their birth families, and other individuals with whom the children or youth have had significant relationships prior to the adoption (for example, a foster family). There are many forms that openness in adoption can take; these forms of contact can vary in terms of the nature, frequency, intensity/emotional impact, duration, and location. The benefits of openness were discussed with the key stakeholders as well. Relinquishment of an infant through Hope’s Cradle may not afford an opportunity for the parent to receive independent advice about their rights and obligations. It may also cause the loss of custodial and access rights of the second biological parent without their consent, let alone court oversight. The Preamble and Purpose of the Child, Youth and Family Services Act, 2017 highlight that services ought to be provided “in a manner that recognizes their cultures, heritages, traditions, connection to their communities, and the concept of the extended family to keep children within their family unit and community, and for children of FNIM heritage, to remain within that heritage.” Durham CAS believes that Hope’s Cradle does not afford the time and space for the clinical work to occur to meet this statutory requirement. Hope’s Cradle limitations on accountability may also cause risk that infants may be relinquished without the willful consent of a parent where that parent is a victim of trafficking. This Attachment 2 to Report PUB-003-24 does not accord with the policy considerations behind the creation of the Durham CAS’s CARE (Child at Risk of Sexual Exploitation) Team. To permit infant relinquishment in a manner that addresses these policy considerations, we recommend that you and Hope’s Cradle partner with Adoptions Ontario and the Ontario Association of Children’s Aid Societies. This will permit the development of a process that addresses these policy considerations. At that point, we would be pleased to revisit entering into a Memorandum of Understanding with you. Until that time, the Duty to Report provisions from the Child, Youth and Family Services Act, 2017 do require direct reporting by any person with knowledge of a relinquishment to contact the CAS in their jurisdiction. Durham CAS’s Initial Support and Community Connection Team is available 24/7 at 905- 433-1551. Please do not hesitate to contact us should an infant be placed within Hope’s Cradle. Sincerely, Steve Woodman Executive Director Durham Children’s Aid Society steve.woodman@durhamcas.ca Copy to: Amber Crowe - acrowe@binnoojiiyag.ca Wes Marsden SR - wesmarsden@binnoojiiyag.ca Mandy Simcoe - msimcoe@binnoojiiyag.ca Alexandra Crawford - acrawford@binnoojiiyag.ca Randy Cowan - rcowan@clarington.net Rob Maciver - rmaciver@clarington.net Arend Wakeford - awakeford@drps.ca Claudia Tarasio - ctarasio@drps.ca Jason Joshida - jyoshida@pickering.ca Paul Bigioni - pbigioni@pickering.ca Jason Hunt - jason.hunt@durham.ca Troy Cheseboro - troy.cheseboro@durham.ca