Thursday, January 26, 2012

Offence Notice - Ottawa CAS Worker

An Offence Notice has been sent to the Children's Aid Society of Ottawa regarding one of their staff members holding themselves out to be a "Social Worker" in contravention of a law which says he can not do so unless he is registered with the College of Social Workers and Social Service Workers (the College).

In a letter received by the Council from the College titled "Confirmation of Registration" the College advised that Mohammed Said is not a registered Social Worker.

The Offence Notice to the Society has been included below:


OFFENCE NOTICE

Tracy Engleking
Senior Counsel
Children's Aid Society of Ottawa

Barbara MacKinnon
Executive Director
Children's Aid Society of Ottawa

Mohammed Said
Child Protection Worker
Children's Aid Society of Ottawa

Date: Thursday, January 26, 2012

Tracy Engleking - Please forward a copy of this to Society staff member Mohammed Said since his publicly listed e-mail address (msaid@casott.on.ca) is not working.

According to sub-section 55. (1) of the Social Workers and Social Service Workers Act (the Act), every person in Ontario who uses the title "social worker" -- unless they are a social worker registered with the College of Social Workers and Social Service Workers (the College) -- has contravened section 46 (1) of the Act and is therefore guilty of an offence and upon conviction is liable to a fine of not more than $5,000 for a first offence and not more than $10,000 for a subsequent offence.

Also, according to sub-section 55. (1) of the Act, every person in Ontario who represents or holds out expressly or by implication that he or she is a social worker -- unless they are a social worker registered with the College -- has contravened section 46 (2) of the Act and is therefore guilty of an offence and upon conviction is liable to a fine of not more than $5,000 for a first offence and not more than $10,000 for a subsequent offence.

Having informed each of you of these separate offence provisions, I am hereby providing the Society through Tracy Engleking and Barbara MacKinnon, as well as Mohammed Said with this Offence Notice with the intent of having this matter resolved.

Currently, Mohammed Said is listed as a "Social Worker" on a website titled "Muslim Mental Health". The direct link to the post is ( http://www.muslimmentalhealth.com/Directory/directory_details.asp?DR_ID=57  )

Mohammed Said is not a Social Worker registered with the College.

Having been given notice of this, it is my hope that the Society, or Mohammed Said will contact me before 3:00pm on February 27, 2012 -- approximately 30 days) to let me know what steps have been taken to resolve this matter.

If before the aforementioned date I have not received a response outlining the steps which have been taken to resolve this matter, and if the title Social Worker is still posted on the aforementioned website page, the Society and Mohammed Said both agree that they have chosen to take no steps to resolve this matter, and that I am to understand that no steps are intended to be taken by either of them to resolve this matter.

Sincerely

John Dunn
Foster Care Council of Canada

END OF OFFENCE NOTICE

A complaint has been filed with the Ministry of Children and Youth Services, Eastern Regional Office, Program Supervisor, Kim Seguin regarding this matter.


First Letter to Ministry
_____________________________________________________________
From: John Dunn [mailto:afterfostercare@hotmail.com]
Sent: January 26, 2012 2:31 AM
To: Seguin, Kim (CSS)
Cc: Andre Marin
Subject: RE: Program Supervisor Duties
 
Andre Marin
Ontario Ombudsman

This e-mail for submission to your office's Child Welfare Portfolio


Kim Sequin

Program Supervisor

Eastern Regional Office

Ministry of Children and Youth Services


One matter I can specifically refer you to is that a CAS of Ottawa worker is currently holding himself out to be a Social Worker despite the fact that he is not registered with the College of Social Workers and Social Service workers. This is a clear violation of section 47 (1) of the Social Workers and Social Service Workers Act, which by default is a clear violation of section 15 (3)(g) of the CFSA.


You can read the details at the following link, as this is a formal complaint to you as program supervisor over the Ottawa CAS.


Details of Complaint and Request for Action

http://fostercarenews.blogspot.com/2012/01/offence-notice-ottawa-cas-worker.html

I have notified the Society and the worker via e-mail however no court actions or anything of that nature has taken place, therefore you can either at all reasonable times, upon producing proper identification, enter premises where an approved service is provided, inspect the facilities, the service provided, the books of account and the records relating to the service, and make copies of those books and records or remove them from the premises to copy them as may be reasonably required, all in accordance with subsection 6 (1) of the CFSA.


Sincerely

John Dunn



Subject: RE: Program Supervisor Duties
Date: Fri, 3 Feb 2012 12:47:50 -0500

From: Kim.Seguin@ontario.ca

To: afterfostercare@hotmail.com
Mr. Dunn,
 
I am responding to your inquiry dated January 26th, 2012.
 
Based on the information you have shared with me, I would refer you to the Ontario College of Social Workers and Social Service Workers and/or to the operators of the website you described on your blog to review the situation you have described and respond to your inquiry.
 
I trust this information is helpful to you
 
Kim
Kim Seguin
Program Supervisor/Superviseure de Programme
MCSS/MCYS - MSSC/MSEJ
347 rue Preston St.
Ottawa, ON     K1S 3H8
t?l: 613-787-3987
 
Avis de confidentialit? : Ce courriel contient des renseignements destin?s ? ?tre utilis?s uniquement par la personne dont le nom appara?t ci-dessus. Si vous avez re?u ce courriel par erreur, veuillez r?pondre et d?truire toutes les copies de ce courriel. Merci.
Confidentiality Warning: This e-mail contains information intended only for the use of the individual named above. If you have received this e-mail in error, please advise us by responding and destroy all copies of this message. Thank you.
 




 

From: John Dunn [mailto:afterfostercare@hotmail.com]
Sent: February 03, 2012 12:55 PM
To: Seguin, Kim (CSS)
Cc: Andre Marin
Subject: RE: Program Supervisor Duties
 
Kim Sequin,

Since the College only deals with members of the College, they have informed me that they do not enforce these particular matters since they are not members of the College. This means there are no other bodies to deal with aside from yourself.


The focus in this matter is that as you have stated, the CFSA empowers you in your position as a program supervisor to ensure the CAS (and therefore it's staff) are in compliance with the CFSA. As I have stated, holding ones self out as a Social Worker when you are not one is a direct violation of section 15 (3)(g) of the Child and Family Services Act, which you are empowered to investigate.


Could you please respond clearly and simply by stating whether or not you will investigate this matter and give a reason why or why not.


As you have already offered to refer me elsewhere, please do not restate that in your next e-mail. Please help me understand whether or not you will act on this matter and if not, why not.


Thank you



Sincerely


John Dunn

Executive Director

Foster Care Council of Canada

http://www.afterfostercare.ca


____________________________________________________

To John Dunn
Good afternoon Mr. Dunn,
 
We have looked into the matter you raised in your email, and are satisfied that the Children’s Aid Society of Ottawa does not represent the individual in question to be a social worker, nor does it have any connection with the third party website you have referred to in your email.  As such, the Ministry will not be pursuing the matter any further. 
 
Regards,
 
Kim
Kim Seguin
Program Supervisor/Superviseure de Programme
MCSS/MCYS - MSSC/MSEJ
347 rue Preston St.
Ottawa, ON???? K1S 3H8
t?l: 613-787-3987
 
Avis de confidentialit? : Ce courriel contient des renseignements destin?s ? ?tre utilis?s uniquement par la personne dont le nom appara?t ci-dessus. Si vous avez re?u ce courriel par erreur, veuillez r?pondre et d?truire toutes les copies de ce courriel. Merci.
Confidentiality Warning: This e-mail contains information intended only for the use of the individual named above. If you have received this e-mail in error, please advise us by responding and destroy all copies of this message. Thank you.
 
 ____________________________________________________________
 



To Seguin, Kim (CSS), george.zegarac@ontario.ca, eric.hoskins@ontario.ca, Andre Marin
From:John Dunn (afterfostercare@hotmail.com)
Sent:February-08-12 1:51:36 AM
To: Seguin, Kim (CSS) (kim.seguin@ontario.ca); george.zegarac@ontario.ca; eric.hoskins@ontario.ca
Cc: Andre Marin (amarin@ombudsman.on.ca)
Note: Ombudsman's Office, please add to formal complaint under John Dunn, Foster Care Council of Canada

Kim Sequin
Program Supervisor
Ministry of Children and Youth Services

I appreciate the quick response, and taking the effort to look into the matter. However I wanted to ask for clarification on your last e-mail.

In your e-mail you stated that the Ministry is satisfied that the Society does not represent their staff member Mohammed Said to be a social worker.

However, in my original e-mail to you (the Ministry) dated January 26, 2012, I informed you of the fact that I had provided the Society with an Offence notice ( http://fostercarenews.blogspot.com/2012/01/offence-notice-ottawa-cas-worker.html ) notifying the Society of the fact that one of their staff members/employees are actively contravening the Social Workers and Social Service Workers Act (SWSSWA) in that he has been notified of the offence, and has not yet taken action to have the offending behaviour rectified.

Therefore the Ministry, through yourself, is aware of the fact that the Society has been notified of it's employee contravening the SWSSWA.

According to Sub-section 77. (1) of the Provincial Offences Act (POA) "every person is a party to an offence who, (a) actually commits it; (b) does or omits to do anything for the purpose of aiding any person to commit it; or (c) abets any person in committing it."

Sub-section 29 (1) of Ontario's Interpretation Act, R.S.O. 1990, c. I.11 states that "In every Act, unless the context otherwise requires, "person" includes a corporation" therefore the Society is a "person" in law and is deemed to be a party to the offence according to sub-section 77. (1) POA.

Keeping the above in mind, since the Society has been informed of their employee contravening the offence creating provisions of the SWSSWA and since the employee has been informed of the offending behaviour, and since the Society has omitted doing anything for the purpose of aiding their employee to commit the offence, the Society is currently and knowingly a party to the offence in accordance with section 77. (1) of the POA

Request for Action:

Since the Minister has sub-delegated it's responsibility upon you to ensure that each Society and it's employees comply with the Child and Family Services Act, and any other applicable Acts, (SWSSWA) I am asking that the Minister -- through you as it's Program Supervisor -- issue a Directive in accordance with  sub-section 22. (1) of the Child and Family Services Act (CFSA) requiring the Society to instruct it's employee, Mohammed Said to contact "Muslim Mental Health Inc." for the purpose of instructing them to delete or modify the publicly accessible web page located at ( http://www.muslimmentalhealth.com/Directory/directory_details.asp?DR_ID=57 ) so that the Society's employee is no longer in contravention of the offence creating provisions of the SWSSA and subsequently subsection 15 (3) (g) of the CFSA.

Power to Act
In support of this request for the Minister to issue a Directive through you to the Society in relation to this matter, section 22. (1)(b) and (d) of the CFSA states that

"Where the Minister believes on reasonable grounds that; a director, officer or employee of an approved agency has contravened or knowingly permitted any person under his or her control and direction to contravene any provision of this Act or the regulations or any term or condition imposed on the...designation under subsection 15 (2)" of the CFSA or;

"Where the Minister believes on reasonable grounds that; in the case of a society, the society
(i) is not able to or fails to perform any or all of its functions under section 15,
(ii) fails to perform any or all of its functions in any part of its territorial jurisdiction, or
(iii) fails to follow a directive issued under section 20.1"

the Minister is empowered to do the following:

(i) revoke or suspend the designation under subsection 15 (2),
(ii) remove any or all of the members of the board of directors and appoint others in their place, or
(iii) operate and manage the society in the place of the board of directors

Reasonable Grounds For Minister To Believe
The reasonable grounds for the Minister to believe that the Society, its legal staff (Tracy Engelking), its Executive Director Barbara MacKinnon, and its employee Mohamed Said have contravened or knowingly permitted any person under his or her control and direction to contravene any provision of the CFSA or any term or condition imposed on the designation of the Society as a Society under 15 (2) of the CFSA have been supplied to the Minister via this e-mail and are listed as follows:

  1. The Society, through it's Executive Director Barbara MacKinnon and through its Chief Legal Counsel Tracy Engelking have received the Notice of Offence on January 26, 2012

  2. The Society's employee -- Mohamed Said -- has received the Notice of Offence on January 26, 2012

  3. The Ministry has received a copy of the Notice of Offence via web-link ( http://fostercarenews.blogspot.com/2012/01/offence-notice-ottawa-cas-worker.html  )in the January 26, 2012 e-mail to the Program Supervisor of the Eastern Region, Kim Sequin
     
  4. The link to publicly accessible web page located at (http://www.muslimmentalhealth.com/Directory/directory_details.asp?DR_ID=57 )

  5. The e-mail of Ministry Program Supervisor, Kim Seguin dated February 7th in which the Ministry via Kim Seguin acknowledges the existence of the offending website and states that the Ministry has looked into the matter and will not be pursuing the matter any further.

Further Support for a Directive to be Issued
Minister and the Society have entered into an Annual Service Agreement wherein one of the provisions of the Annual Service Agreement require the Society to comply with any and all applicable statutes in exchange for public funding through Transfer Payments.

The Minister has also created an Accountability Framework and associated Accountability Framework Guidelines which govern it's Service Providers (including Children's Aid Societies) requiring the Society to comply with any and all applicable statutes.

In the past, the Minister of Children and Youth Services and other's have publicly stated that there is no need for Ombudsman oversight of Children's Aid Societys due to the many "oversight mechanisms" in place already, yet when we go to these bodies, including the Ministry or the Minister, we are redirected away due to the issues not falling under those mechanisms jurisdiction, such as this issue,  and left with no actual oversight. Just a few examples of such misleading public statements below:

Hon. Laurel C. Broten: (Time: 11:30 Hansard Dated Monday 9 May 2011) I think it’s important for families right across the province that might be watching to understand that we have a very rigorous variety of oversights that allow you, as an individual, to come forward with a complaint if you do have one with respect to a children’s aid society. The OACAS and other organizations have been very clear about their support for rigorous oversight of CASs. It’s a very regulated procedure, as it should be. These are highly important and emotional and technical matters that involve our children, and so we very much appreciate the variety of oversights that we’ve put in place.

David Zimmer: MPP (Time 15:50+ Hansard Dated May 05, 2011:

"The reason that we’ve already set up those mechanisms to oversee those sectors of the MUSH sector is because we want to ensure, as I’ve said before and say now for the third time, transparency and oversight."...

"When you examine every one of those areas in the MUSH sector, be it the hospitals, the CAS, long-term care, the independent police review agency, the various school boards, if you examine how those MUSH sectors are overseen by an agency to ensure that there is transparency, there are already built-in mechanisms to ensure that.
The difficulty here is, if this private member’s bill were to go forward, that we create another layer upon an already existing layer of oversight. The way this private member’s bill would read, we would have the Ombudsman as an overseer of an overseer. So now we have an overseer overseeing an overseer who’s overseeing the sectors in the MUSH sector.

Nathalie Fouquette, Services Director, Kawartha-Halibertaon CAS: There are many accountability mechanisms for the Children's Aid Society, said Nathalie Fouquette, services director of the Kawartha-Haliburton Children's Aid Society. "I don't know if the public realizes that actually we do have many reviews and mechanisms of accountability for CAS.


Sincerely

John Dunn
Executive Director
Foster Care Council of Canada
http://www.afterfostercare.ca
 
 
 
To ensure you read the latest version of this post, please visit http://www.fostercarenews.blogspot.com as this post may have been modified since being sent out.