Ensuring Compliance: a
foundation for accountability
Ontario's Child Advocate, in her recent report Voices
from Within, and the Auditor General in his 1997 report, call for increased
accountability, improved communication and tighter monitoring of standards of services to
children in care. We agree.
The children we work with in Phase One young offender facilities are the government's
children. Directed by the Courts of Ontario and on your behalf, we are charged with their
care and custody and prospects for a better future. There is probably no greater
responsibility a government could be charged with and in turn, no greater responsibility
an individual worker could be charged with.
Direct operated facilities are the foundation for change:
"We don't only meet the standards set out in the Young
Offender Services Manual, we usually exceed them." Terry
Thorhauge, William
E. Hay Centre for Youth
The foundation for increased accountability exists in the direct-operated facilities
where, in policy and in practice, accountability is assured. In contrast, the 1997 Auditor
General's report identifies problems in the transfer payment sector regarding measurable
outcomes, financial management and accountability.
There are two features of the direct-operated system that make that happen: Standards
and enforcement of standards.
Standards: The Young Offender Services Manual,
(YOSM) providing clear
policies, procedures, guidelines and standards, is the product of the DOE system. It is
the practice of these facilities that sets the overall standard for the transfer-payment
sector.
- The YOSM was compiled to establish minimum levels of program performance and its
standards are "mandatory by Ministry policy for Direct Operated services and through
contractual agreements for Transfer Payment services." (Young Offender Services
Manual, September 1997, p.1)
- The YOSM goes further than merely presenting standards that "are to be complied
with" but expands into guidelines which are "statements recommending a preferred
level of performance or practice." Through compliance with these standards and
guidelines the Ministry is able to monitor and support focused and effective program
delivery.
Enforcement: Phase One DOE facilities are primarily secure custody settings and
provide programs that are aimed at special treatment for young people in conflict with the
law. The very nature of our work demands the highest levels of scrutiny and compliance
with Ministry standards.
There are differences in the practice of monitoring and enforcing compliance in DOE
facilities and transfer-payment facilities that are important to note if we are to stand
the tests of Ministry and public scrutiny:
- It is our experience that DOE facilities are subject to more frequent scrutiny and are
held accountable for compliance with directives. In practice, employees and managers may
be disciplined for non-compliance.
- By contrast, transfer payment agencies are not subject to the same level of scrutiny. A
recent example illustrates this point: Two licensing inspectors spent two days reviewing a
DOE facility while only one licensing inspector spent three hours reviewing a nearby
transfer payment agency of comparable size.
- While transfer-payment agencies can be directed by the Ministry to institute change in
practice, there is no practical way to enforce the directive. The options open to the
Ministry include cutting beds or changing contracts. Both create a dilemma in a system
stretched to capacity with a growing demand for new beds and treatment oriented programs
for youth.
- Serious Occurrence and Contentious Issues reporting is a practice taken very seriously
in directly operated facilities. We consider it a professional and ethical obligation to
the Ministry on behalf of the citizens of Ontario. In our system, the Ministry is briefed
immediately on contentious issues so that a prompt and accurate response to questions of
accountability is assured. We know from experience that this standard of professionalism
varies greatly in transfer payment agencies.
Our conclusion:
Standards and compliance must be guaranteed in a system that is charged with such
important responsibilities. In a climate of heightened community awareness and demand for
personal safety and government accountability for youth in conflict with the law, the
bottom line shifts from 'cost', to measurable, visible and effective standards of care -
features of directly operated services.
Voices from Within recognizes features of residential care that contribute to
good programs and successful treatment. Standards and compliance are implicit throughout
the document as essential to an improved service to Ontario's children.
Dismantling a system of services closest to government and public accountability is
moving in the wrong direction. When the government cannot enforce compliance it is like
posting a speed limit and a radar system to monitor but with no ability to impose
consequences on offenders. Public safety, children's safety and workers' safety is
compromised.
The Phase One DOE facilities are an important foundation upon which standards and
compliance, two cornerstones of an accountable system, are based. It should be
strengthened and problematic services repatriated so that the highest possible standard of
services is ensured.
Go to Compliance with the Young
Offender Services Manual | Return to Main Young Offenders
Facilities Page
