Because I am a child, youth or young person receiving a service covered by the Child, Youth and Family Services Act, 2017 , I have rights that must be respected.
I have the right to have my rights explained to me in words that I can understand.
I have the right to:
In addition to the rights on this page, I have special rights if:
This page is a summary only. To understand my complete rights under the law, I can read the Child, Youth and Family Services Act, 2017 .
Some of the words on this page might have a special meaning when I’m talking about my rights under the Child, Youth and Family Services Act, 2017 .
A child is someone younger than 18 years of age.
A young person is someone who has been charged with or found guilty of an offence under a law called the Youth Criminal Justice Act or the Provincial Offences Act while they were between 12 and 17 years old.
A youth justice facility is a place where young persons who are involved with the youth justice system are told by a court to live for a specific period of time. Youth justice facilities might be “secure,” which are separated from the community by security fencing and other security features, or “open,” which are similar to group homes.
The word services appears throughout this page. There are many different types of services under the Child, Youth and Family Services Act . Some examples are:
A service provider is a person or organization who provides a service under the Child, Youth and Family Services Act, 2017 . Under the act, foster parents are not service providers.
A foster parent is an adult who provides care for a child but is not the child’s parent.
I have my own feelings, thoughts and opinions about things or situations that affect me. I have the right to talk freely and safely about these feelings, thoughts and opinions.
Service providers who work with me will make decisions that affect me. I may have feelings, thoughts and opinions about these decisions.
I have the right to:
As I get older and more mature, my feelings, thoughts and opinions should have more impact on the decisions that are made about me.
Service providers who work with me make decisions about the kind of services I receive right now and the kind of services I might receive in the future.
I have the right to be:
I may have worries, be unhappy with or want changes made to the services I receive or the services that I will receive in the future.
I have the right to talk about these things without feeling:
If I say that I am worried or unhappy with the services I am receiving or will receive, or if I ask for changes to these services, I have a right to hear an answer back from my service provider.
A service provider or foster parent can never punish me by hurting me. A service provider or foster parent cannot allow anyone else to punish me by hurting me.
A foster parent is an adult who provides care for a child but is not the child’s parent.
No service provider or foster parent can detain me in a locked place where I can’t get out, unless:
These are the only situations when a service provider or foster parent can allow anyone else to detain me in a locked place where I can’t get out.
A locked room can never be used as a form of punishment.
A secure treatment program is a service with restrictions to help support my mental health conditions and to keep me safe.
A youth justice facility is a place where young people who are involved with the youth justice system are told by a court to live for a specific amount of time. Youth justice facilities might be:
If I am in a secure treatment program, or I am a young person living in a secure youth justice facility, the facility I am in can be locked and my room can be locked at night.
If I am in a place where a locked room has been approved, there are laws about:
There are also rules depending on my age. There are different laws if I am under 12 years old and different laws if I am 16 years or older and in a secure youth justice facility.
Read the laws about:
If I have questions about these laws, I can talk to a staff member, worker or lawyer. Get help finding a lawyer.
Read the laws about:
No service provider or foster parent can:
There are laws that describe how and when a service provider or foster parent can use their strength to stop me from moving so I stay safe. Read the law about section 6 of the Child, Youth and Family Services Act .
I can talk to a staff member, worker or lawyer if I have questions about these laws. Get help finding a lawyer.
Mechanical restraints can never be used on me as a form of punishment or because it is convenient for my service provider to use them.
A mechanical restraint is a device, material or piece of equipment that makes it harder for a person to move freely. This can include:
Mechanical restraints can only be used if:
In these situations, there are laws that my service provider must follow that describe:
I can talk to my worker, a staff member or lawyer if I have any questions about mechanical restraints. Get help finding a lawyer.
The service provider must ask for my permission before collecting, using or sharing my personal information, unless collecting, using or sharing my personal information without my permission is permitted or required by law (for example, if my personal information is needed to keep myself and others safe), or if there is a substitute decision-maker that is allowed to give permission for me.
The service provider working with me should inform me of all the information I need to decide whether or not to give my permission, including:
I can say yes or no and change my mind about providing permission at any time.
I can make my own decisions about the collection, use and sharing of my personal information, unless my service provider has a good reason to believe I’m not capable of making that decision.
To be capable of making my own decisions, I must be able to understand what I’m being asked and understand the consequences of my decision.
If I can’t make decisions for myself, someone will be asked to make that decision for me. That person must consider my wishes, values, beliefs, and best interests related to my personal information.
If I am 16 or older and I am able to make decisions for myself, but I want help to make decisions, I can pick someone over 16 who is able to make decisions for me to be my substitute decision-maker.
If I disagree with a decision that has been made for me, I can:
If I am under 16, a substitute decision-maker can also give permission for my personal information to be collected, used or shared, even if I can make those decisions for myself. There are some exceptions to this; for example, if the information is about a treatment that I made a decision about under the Health Care Consent Act .
If I am under 16 and can make decisions for myself, my service provider has to follow my decision about my personal information when it conflicts with a decision made by my substitute-decision maker.
If my personal information is stolen, lost, or shared when it was not supposed to be, this is considered a privacy breach of my personal information. My service provider needs to:
If I want to see the personal information my service provider has about me, I can speak to my service provider and make a written request to access the information. My service provider might ask me to fill out a form or send an email. I can ask for my whole record or for specific information.
In limited situations, my service provider may refuse a request or only release some information (for example, if seeing the information could result in risk of serious harm to me or another person). If my service provider refuses my request, they must provide me with a written explanation response that states that the service provider is refusing the request, explain why, and explain my right to make a complaint to the Information and Privacy Commissioner. In most cases, my service provider has to tell me why they have refused my request or not released some of the information (for example, when the information can’t be released because a law prohibits the disclosure).
The service provider must answer my written request within 30 calendar days. They might be able to take up to 90 more calendar days if they have a good reason, and they must explain why.
If I need the information sooner, I can explain why, and my service provider must respond within that time period if they are reasonably able to do so.
If I’m not happy with the response to my request, I can:
If there’s a mistake, something I don’t agree with, or missing information in my file, I can tell my service provider what is wrong, and what I think it should be changed to. I should submit this request in writing. My service provider might ask me to fill out a form or send an email.
My service provider must answer my written request within 30 calendar days. They might be able to take up to 90 more calendar days if they have a good reason, and they must explain why.
Under certain circumstances, my service provider may refuse a request to change my information (for example, if the record was not created by my service provider and they do not have the right knowledge or authority to make the correction).
If my request is refused, my service provider must explain why.
If I am not happy with the service provider’s decision, I can: