Alberta child and youth advocate says new bill erodes her independence, could endanger children

Alberta's child and youth advocate is concerned that a new advisory position in her office could weaken her office's autonomy and potentially endanger children.

Bill 206, a private member's bill passed by the legislature in March, amends the Child and Youth Advocate Act to add a new employee to Pelton's staff — a parent and guardian adviser available to help any Alberta family in "nurturing, guiding and fostering the growth and well-being of their children."

The adviser will provide families with information and referrals, help them with their children's education, and identify "systemic barriers" that may negatively impact families and children, according to the legislation.

The services will be for any Alberta family, "not just those who are already accessing services through the Office of the Child and Youth Advocate," said Bonnyville-Cold Lake-St. Paul MLA Scott Cyr, who put forward the bill last year.

"It's a proactive, family-centred approach to strengthening outcomes for children across the province," Cyr said in a statement.

Child and Youth Advocate Terri Pelton said she questions the need for the legislative change.

"I am a little confused about why we need this," Pelton told CBC News. "I have some concerns about an external body hiring somebody for within my office. It takes away my independence."

An independent arm of the legislature, the Office of the Child and Youth Advocate helps young people involved with the child intervention and youth justice systems.

The office investigates when young people who were involved with the child intervention or youth justice system are seriously injured or die. It publishes reports on its investigations and makes recommendations to government.

CBC asked Cyr for an interview but he was not made available. In his statement, he said the adviser will help parents and guardians "navigate complex systems — like education, health care and social services — while ensuring their voices are heard."

The bill says the adviser may point also families to "spiritual support" and "language and cultural supports."

Pelton said she is concerned that the adviser will be tasked with serving all Alberta families.

"I am a little worried that the way this position is envisioned, that we'll have one person trying to support thousands and thousands of parents and that they're just going to get more frustrated rather than feeling that they are getting the support they need," she said.

It could be problematic if parents want more information about how her office is working with their child, Pelton said. In some cases, parents or guardians might be part of the reason why a child is in need of services, she added.

"We're going to have to have some kind of separation between advocacy services and parent/guardian liaison services," she said. "I think it is a very real worry for me."

Cyr said he recognizes Pelton's concerns around potential conflicts of interest. 

"The legislation takes that seriously and includes clear guardrails," he said in his statement. "The liaison will not interfere in investigations or legal matters and is required to report any suspected abuse, neglect, or danger to a child immediately."

Those guardrails and guidelines might not be enough, said Diana Batten, the NDP Opposition critic for children and family services.

"It is a true fear that we would have a child or youth seek support through this office and then have their parents looped in. It is putting children and youth at risk," Batten said in an interview.

The bill has not yet been proclaimed into law. Its wording says the adviser will be appointed by the child and youth advocate on a recommendation from the standing committee on legislative offices. Cyr said decisions around funding, staffing, and implementation will be the responsibility of Pelton's office.

Pelton said she wasn't consulted before the bill was introduced, but that after it was, she met with Cyr once and raised many of her concerns. She followed up with a letter that went unanswered, she said.

She said the new position would make more sense if it were embedded in Alberta's Family Resource Networks, which offer free access to community supports and resources, early development and learning, and strengthening knowledge around parenting and caregiving.

This year's budget provides $67 million to FRNs to develop and deliver prevention and early-intervention programs, which Pelton said is about four times the funding allocated to her office.

Batten said having the adviser within Pelton's office doesn't make sense.

"If parents need more resources, fantastic, let's find them more resources, let's use the ones we have," she said.

"We have FRNs that are really well funded, they're across the province. They provide parenting support already, so we can invest there … putting this amendment inside that bill dilutes the ability of the advocate to do her job and it puts all of those kids at risk."

Despite her concerns, Pelton said she remains dedicated to adapting to the new legislation.

"I'm fully committed to a collaborative path forward to ensure that this new function is successful and supports families appropriately," she said.

"But I still have concerns about how that's going to work … I think we could have done it differently. I think we could have had collaboration along the way. I think we could have had discussions about where it really fits."