P.E.I. child protection report warns of 'shift from prevention'

A review of the Child Protection Act on P.E.I. is calling for more of a focus on prevention.

A review of the act is required every five years. The 2021 report contains 99 recommendations, including the focus on prevention.

"There has been a shift from prevention that should be incorporated back into child protection practice," the report says.

"This would include expanding the scope of the Act to include prevention by providing education and support service to the family and community prior to a child being found in need of protection."

Specific recommendations to re-focus on prevention include earlier interventions and voluntary services.

Denial of access

Danya O'Malley, executive director of P.E.I. Family Violence Prevention Services, said the report is missing a change she has been seeking for years.

O'Malley's group asked the province to change the law to allow child protection to intervene quickly in custody cases where one parent is withholding access to a child from the other.

There is considerable evidence, O'Malley said, that after a separation an abusive spouse will often withhold access to children as a way of controlling their ex.

"We see one partner withholding the children from the other. And there's very limited recourse if there isn't a custody agreement on paper," she said.

"I don't think it's fair or healthy for the children to suddenly lose contact with the other parent. We don't know what they're telling the children in terms of why they're not seeing the other parent. It's done to manipulate and control, and the children end up being the pawns in that situation. And I think it's a very, very sad place for those kids to be."

There is a model that could be used as a remedy, said O'Malley.

When there is violence involved courts can issue emergency protection orders. These are generally only in place for 30 to 45 days, and can provide time for the negotiation of a formal agreement. These orders could be expanded to include situations where access to children is denied.

New Indigenous training

The report also specifically addresses Indigenous issues.

The act needs to be reviewed to ensure it is up-to-date with recent findings by the Truth and Reconciliation Commission and the United Nations Declaration on the Rights of Indigenous Peoples.

Indigenous children require a cultural plan of care, the report says. New training for staff should be developed in partnership with the Lennox Island and Abegweit First Nations.

The report notes that fewer than half, 38 per cent, of the recommendations of the 2016 report are complete. Another 50 per cent are in progress, and 12 per cent are still waiting for action.