A person complained that Child and Family Services (CFS) did not respond appropriately to their disclosure of sexual assault while they were a youth in care. They explained that CFS did not remove the offender, another youth in care, from the care home. Additionally, they complained that CFS did not ensure that the police conducted interviews to determine whether criminal charges should have been laid.
After leaving the care of the province, the person contacted the police, leading to criminal charges and ultimately the offender’s participation in the Alternative Measures and Extrajudicial Sanctions Program. The person then contacted CFS and, after receiving what they believed to be unreasonable responses, contacted OmbudsPEI.
We learned that CFS was made aware of the sexual assault shortly after it occurred and implemented safeguards to protect the complainant. These safeguards were in accordance with procedures that existed at the time. CFS also contacted the police to disclose anonymized information, consulted with the family and ensured that a trained Child Protection Social Worker interviewed the person. The person was told, however, that it was up to them or their family to report the assault to police should they wish to pursue criminal charges.
On review of the incident recently, CFS recognized that although planning was in place to keep the youth safe, they should have ensured that police spoke directly with the complainant and that the offender was promptly placed in another care home.
CFS apologized to the complainant for not doing more to support them after the disclosure was made. They also recognized and expressed regret for the emotional distress the complainant suffered and offered counseling support for them.
CFS explained that they have implemented measures to ensure this does not happen again. As of September 9, 2024, the Child, Youth and Family Services Act, strengthens rights of children and youth and their right to be heard. This includes specific rights for children in care, ensuring they have greater access to advocacy, legal counsel and trauma-informed services.
