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HomeMy WebLinkAboutPUB-008-24Staff 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: April 8, 2024 Report Number: PUB-008-24 Submitted By: Lee-Ann Reck, Deputy CAO, Public Services Reviewed By: Mary-Anne Dempster, CAO Resolution#:GG-050-24 Authored by: Dave Speed, Fire Chief File Number: By-law Number: Report Subject: Hopes Cradle Referral Recommendations: 1.That Report PUB-008-24, and any related delegations or communication items, be received; 2.That Council provide a letter of support to Gems for Gems for their pursuit at the provincial level for the operation of the installed Hope’s Cradle safe surrender site at Fire Station 1 in Bowmanville, and that the site continue to be non-operational until such time as provincial direction is provided to support its operation; and 3.That all interested parties listed in Report PUB-008-24, and any delegations be advised of Council’s decision. Municipality of Clarington Page 2 Report PUB-008-24 Report Overview Following a motion from Council at their March 25th Council meeting, staff have reached out to Gems for Gems to offer to facilitate further discussions between Hopes Cradle stakeholders regarding the opening of the infant safe surrender site at Fire Statio n 1 in Bowmanville. Gems for Gems will be pursuing discussions at a provincial level, specifically with the Ontario Ministry of Children, Community and Social Services, Adoptions Ontario, and the Ontario Children’s Aid Society. It is recommended by staff that Clarington Council provide a letter of support to Gems for Gems for the operation of the installed Hopes Cradle safe surrender site at Fire Station 1 in Bowmanville and that the site continue to be non - operational until provincial direction is provided to support its operation. 1. Background Council Direction 1.1 At the March 4th General Government Committee meeting, Council was presented with a staff report, including recommendations regarding the opening of the installed safe surrender site at Fire Station 1 in Bowmanville. https://weblink.clarington.net/weblink/0/edoc/425167/PUB-003-24.pdf 1.2 At the March 25th, 2024 meeting of Council staff were directed to facilitate discussions between Gems for Gems and Hopes Cradle stakeholders about the opening of the installed Hopes Cradle infant safe surrender site, and to report back to Council at the April 8th General Government Committee meeting. 2. Discussion Legal Considerations 2.1 Government responsibility for child welfare and child protection falls within the mandate of the Ontario Ministry of Children, Community and Social Services. Children’s aid societies provide child protection services and are governed by the Child, Youth and Family Services Act, 2017. 2.2 While the Municipality is authorized to pass by-laws for the health, safety and well- being of persons, child welfare and child protection is a more specialized field of activity that falls outside core municipal purposes. 2.3 Any decision of the Municipality is without effect to the extent of any conflict with Provincial legislation. Municipality of Clarington Page 3 Report PUB-008-24 2.4 The Durham Children’s Aid Society has raised several objections to the Hope’s Cradle proposal that raise serious issues about whether its operation would conflict with Provincial policy objectives. 2.5 To proceed with an undertaking that is not supported by the governmental agency responsible for the core service, is generally an ill-advised decision. The situation would be much more favourable if the Ministry of Children, Community and Social Services and the local children’s aid societies were expressly supportive of this initiative. Discussion with Hopes Cradle Stakeholders 2.6 In consideration of Legal comments, and following discussion between staff and Gem s for Gems, there was agreement that further talks should take place, but at a provincial level rather than local level. 2.7 Pursuing talks at a provincial level is consistent with comments received from Durham Children’s Aid Society in their letter dated January 17, 2024, attached to report PUB- 003-24, which states, “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.” 2.8 Staff’s recommendations about the opening of the installed Hopes Cradle infant safe surrender site remain unchanged from report PUB-003-24, with the addition of a recommendation for the inclusion of a letter from Clarington Council in support of Gems for Gems efforts with the Province for the site’s operation. 3. Financial Considerations Not Applicable. 4. Strategic Plan Not applicable. 5. Concurrence This report has been reviewed by the Deputy CAO/Solicitor who concurs with the recommendations. Municipality of Clarington Page 4 Report PUB-008-24 6. Conclusion It is respectfully recommended by staff that Clarington Council provide a letter of support to Gems for Gems for their pursuit at the provincial level for the operation of the installed Hopes Cradle safe surrender site at Fire Station #1 in Bowmanville, and that the site continues to be non-operational until the provincial direction is provided to support its operation. Staff Contact: Dave Speed, Fire Chief and Director of Emergency and Fire Services, dspeed@clarington.net Attachments: Attachment 1 – Council letter of support Interested Parties: The following interested parties will be notified of Council's decision: Gems for Gems Durham Children's Aid Society Attachment 1 to Report PUB-008-24 The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Ms. Jordan Guildford Founder Gems for Gems PO Box 11001 Seton PO Calgary, AB T3M 1Y6 Dear Ms. Guildford: Clarington Council supports the efforts of Gems for Gems to pursue discussions with the Ontario Ministry of Children, Community and Social Services, the Ontario Children’s Aid Society and Adoptions Ontario to enable the operation of the Hope’s Cradle infant safe surrender site installed at Fire Station #1 in Bowmanville. Clarington recognizes that sometimes a parent may be unsafe or too ashamed to go through the usual process of putting their child up for adoption. The Hope’s Cradle site would provide a safe option for vulnerable or at-risk parents or guardians who feel they have no choice but to abandon their infant. The responsibility for child welfare and child protection falls under the mandate of the Province of Ontario and is outside municipal jurisdiction. As any decision by the Municipality of Clarington regarding the operation of the Hope’s Cradle site would need to conform with provincial legislation, the site will remain non-operational until the Province provides clear direction. Clarington encourages the Province to come to the table with Gems for Gems to facilitate discussion on this matter as you work to expand operations into Ontario.