Act
Proposed changes to the Child, Youth and Family Services Act, 2017 and the Social Work and Social Service Work Act, 1998 to improve information sharing practices for professional colleges and agencies
Regulation Number(s):
N/A
Instrument Type:
Act
Bill or Act:
Child, Youth and Family Services Act, 2017 and Social Work and Social Service Work Act, 1998
Summary of Proposal:
The Ministry of Children, Community and Social Services is proposing changes to the Child, Youth and Family Services Act, 2017 (CYFSA) and the Social Work and Social Service Work Act, 1998 (SWSSWA) to increase consistency of rules that govern information sharing for professional colleges and agencies to improve the safety of children, youth and other vulnerable persons.
Specifically, the Ministry is:
1. Proposing changes to the CYFSA that, if passed, would clarify that service providers, including children's aid societies (societies) can share personal information with the Ontario College of Teachers (OCT) and the College of Early Childhood Educators (CECE) when the information is necessary to support their college proceedings (e.g., investigations, hearing and registrations)
This change would improve the safety of children and youth and increase consistency across regulatory colleges and service settings governed by the CYFSA.
2. Proposing changes to the SWSSWA that, if passed, would allow the Ontario College of Social Workers and Social Service Workers (OCSWSSW) to share information:
-to a body that governs a profession inside or outside of Ontario;
-to confirm whether the College is investigating a member, if there is compelling public interest in the disclosure of that information (note that the ministry is proposing that such a disclosure would be limited to confirming the existence of an investigation);
-if there are reasonable grounds to believe that the disclosure is necessary for the purposes of eliminating or reducing a significant risk of serious harm to a person of group of persons; or
-as otherwise required by law.
Many social workers and social service workers work in health settings, including on health teams, yet the rules for information sharing under the SWSSWA differ from other regulated health professions (e.g., nurses). The proposed changes would align the OCSWSSW with other professional colleges by allowing information sharing with governing bodies and others in particular circumstances, including to prevent or reduce serious harm. This would improve the safety of people under the care of social workers and social service workers, including children and youth.
Together, the proposed changes to the CYFSA and SWSSWA would help standardize information sharing rules to increase predictability and timeliness of the process for professional colleges and societies, in addition to improving information sharing practices to support investigations and protect children and youth.
Specifically, the Ministry is:
1. Proposing changes to the CYFSA that, if passed, would clarify that service providers, including children's aid societies (societies) can share personal information with the Ontario College of Teachers (OCT) and the College of Early Childhood Educators (CECE) when the information is necessary to support their college proceedings (e.g., investigations, hearing and registrations)
This change would improve the safety of children and youth and increase consistency across regulatory colleges and service settings governed by the CYFSA.
2. Proposing changes to the SWSSWA that, if passed, would allow the Ontario College of Social Workers and Social Service Workers (OCSWSSW) to share information:
-to a body that governs a profession inside or outside of Ontario;
-to confirm whether the College is investigating a member, if there is compelling public interest in the disclosure of that information (note that the ministry is proposing that such a disclosure would be limited to confirming the existence of an investigation);
-if there are reasonable grounds to believe that the disclosure is necessary for the purposes of eliminating or reducing a significant risk of serious harm to a person of group of persons; or
-as otherwise required by law.
Many social workers and social service workers work in health settings, including on health teams, yet the rules for information sharing under the SWSSWA differ from other regulated health professions (e.g., nurses). The proposed changes would align the OCSWSSW with other professional colleges by allowing information sharing with governing bodies and others in particular circumstances, including to prevent or reduce serious harm. This would improve the safety of people under the care of social workers and social service workers, including children and youth.
Together, the proposed changes to the CYFSA and SWSSWA would help standardize information sharing rules to increase predictability and timeliness of the process for professional colleges and societies, in addition to improving information sharing practices to support investigations and protect children and youth.
Analysis of Regulatory Impact:
The proposed changes to the CYFSA and SWSSWA would not introduce new compliance costs. These changes may be associated with minimal administrative impacts to regulated entities (i.e. the impacted professional colleges) but are also expected to increase consistency of legal guidelines for sharing information, which may result in operational benefits and more timely information sharing related to regulated professionals.
The ministry is seeking comments and feedback from individuals and stakeholders regarding these amendments.
The ministry is seeking comments and feedback from individuals and stakeholders regarding these amendments.
Further Information:
Bill 188, Supporting Children's Futures Act, 2024
NEWS RELEASE Ontario Supporting the Futures of Children and Youth
Proposal Number:
24-MCCSS008
Posting Date:
April 17, 2024
Comments Due Date:
May 17, 2024
Contact Address:
2 Bloor St. W, 30th Floor, Toronto, ON, M4W 3E2