A New Era In Child Protection

An Ontario Child Protection Mediation Roster has been established and is being managed by the Ontario Association for Family Mediation in order to make qualified child protection mediators more accessible to children’s aid societies in the province.

With the proclamation of amendments to the Child and Family Services Act (Bill 210), on November 30, 2006, children’s aid societies are now required to consider and/or use a prescribed method of alternative dispute resolution (ADR) on the following occasions:

• If a child is or may be in need of protection, a children’s aid society must consider whether a prescribed method of ADR could assist in resolving any issue related to the child or a plan for the child’s care (section 20.2(1)).
• The court, at any time during a proceeding, and with the consent of the parties, may adjourn the proceeding to permit the parties to utilize a prescribed method of ADR to attempt to resolve the issues in dispute (section 51.1).
• On applications to vary or terminate an openness order before or after an adoption, the court may, with the consent of the parties, adjourn the proceeding to permit the parties to utilize a prescribed method of ADR to attempt to resolve any disputes related to the proceeding (sections 145.2(7) and 153.1(10)).

Ontario Regulation 496/06, “Methods and Procedures Regarding Alternative Dispute Resolution” sets out the principles that must guide all prescribed methods of ADR under the Child and Family Services Act, the rules respecting confidentiality and access to records and information, and a transitional provision.

Child protection mediation is one of the prescribed methods of ADR that children’s aid societies are now required to consider and/or use by way of a policy directive issued by the Ministry of Children and Youth Services on November 30, 2006.  The policy directive also requires children’s aid societies to use child protection mediators who meet certain qualifications and experience and who are listed on the provincial roster managed by the Ontario Association for Family Mediation (OAFM).

In order to be listed on the roster, a mediator must:

• Satisfactorily complete the Child Protection Mediation Training.
• Provide a satisfactory criminal record check completed within the last three years.
• Provide proof of current professional liability insurance.
• Provide (3) three satisfactory professional references using the form on this website:
• to include (2) two references from persons the Child Protection Mediator has either mediated with (co-mediated) or who have referred a client to the applicant for a mediation, together with their contact information.
• IMPORTANT:  Please note that the references associated with actual mediations must be related to mediations involving family or child protection cases AND IT MUST BE CLEARLY INDICATED WHICH CRITERIA (Family, co-mediation, referral) IS APPLICABLE TO THE REFERENCE.
• Adhere to OAFM’s Child Protection Mediation Code of Ethics and sign a declaration.

This web-site has been created to provide guidance regarding the Ontario Child Protection Mediation Roster Program to children’s aid societies, mediators and the public.