Health and Social Services

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Child and Family Services Act - History - 2005

June 2005

  • Second Quarterly meeting with CYFN Grand Chief, Chiefs' Committee on Health and Minister Jenkins took place on June 29, 2005.
  • There were 5 other consultation meetings that took place this month (note: meetings will not be specified on the web).

May 2005

  • Meeting with Yukon First Nation Health Directors was held May 24, 2005.
  • There were 3 other consultation meetings held this month.
  • Preparations for the second technical meeting.

April 2005

  • Technical meeting with representatives of Yukon FN governments and Yukon Government to review the proposed content of the bill was held April 28 & 29, 2005.
  • Meeting with Yukon First Nation Health Directors was held April 5, 2005.
  • There was one other consultatoin meeting this month.
  • Preparations for April technical meeting.

March 2005

  • First Quarterly Meeting with the CYFN Grand Chief, Chiefs' Committee on Health and Minister Jenkins took place on March 8, 2005.
  • Policy forum #2 was held March 2-4, 2005 with 103 participants attending.
  • Meeting with Yukon First Nation Health Directors on March 1, 2005.
  • There were 5 other consultation meetings held this month.
  • Preparation for April/May targeted consultation meetings.

Policy Forum #2 - Highlight of Comments

  1. Alternative Dispute Resolution should be a method of first resort for decision-makers for all matters.
  2. The Director should be obligated to notify the family's First Nation at the point that a family comes into contact with the agency - from the first call. The First Nation must be involved in all planning processes for children in care.
  3. Continuing contact with families and communities will stop children from feeling lost and isolated.
  4. Promote the partnership element in legislation around First Nation representation in delivery of service. Promote it so that down the road First Nations will be able to deliver service.
  5. Complications arise when women don't report when there is family violence and therefore we need to develop clear definitions of what the various terms mean. There is fear that children will be taken away if reports of family violence exist.
  6. I favour the option of open adoption. Anything that would promote a child to have contact with family. This needs to be in legislation. Move to open access for children that move into the permanent system.
  7. The law should reflect collaborative decision-making processes to ensure multiple voices are heard in the act.
  8. Children in care need to be given the option to stay in care longer if that is what they want.
  9. A community advisory group could assist in decision-making so that discretion is minimized.
  10. If the First Nation is involved then they need to make opportunities and assist adoptive parents provide a cultural upbringing.
  11. Sometimes we need to sit back and think about the birth parents. They may not feel good or have shame about not being able to buy things for children that the department did. What message does this send the children?
  12. If we are saying that children are able to consent to adoption at age 12, then why aren't they ready for their birth family information until age 18?
  13. There needs to be more circles and family conferences and that is where the family comes in. They (circles/conferences) are pretty powerful because that's where the ideas are generated. Everyone becomes aware of what is happening with the child.
  14. The First Nation should have full party status in everything. There has to be funding in place and training for people the First Nation wants to be there.
  15. With mandatory reporting we need a clear definition so people know what they have to report. Need to educate the public.
  16. We need a range of interventions from least to most intrusive where there would be no consent (by parents). Children should remain in their own home and have the abuser removed and the child should have supports in the home.
  17. The primary caregiver should identify who they would like to have facilitate the (family) conference. One of the roles of the facilitator would be to ensure that participants follow through with what they commit themselves to.
  18. The child has the right to know their roots, what stick gambling is, when a member of their family dies, how grieving happens.
  19. Mediation may not be appropriate if the child is at risk. I don't think a child's immediate need will be addressed in this process.
  20. The Act almost needs to be called a different name. It needs to consider the various types of community this act will serve.
  21. The law should mandate involvement of a legal Child Advocate and a First Nation worker in decisions in regards to First Nation children.
  22. Years ago the kids I fostered were made permanent and mom and dad were made to say goodbye and no visits were allowed. Now children can be made permanent and can have regular and good visits and be involved and there is a big difference. But I also know there needs to be an even bigger one.
  23. Justice committees in communities are also a good alternative to court.
  24. Try to get the consent to intervene from a parent as a first option. Do an investigation when there is an indicator of abuse and ensure you talk to the parent as quickly as possible.
  25. Sometimes people need longer (to get healthy). It is hard to expect parents to change in a short period of time. As long as the child is safe, then give them the time.

February 2005

  • Continuation of preparation for policy forum #2.
  • There were 5 consultation meetings held this month.

January 2005

  • Policy Forum #1 was held January 26-28 with approximately 120 participants attending.
  • Continuation of preparation for policy forum #2 in March.
  • Meeting with Yukon First Nation Health Directors on January 25.
  • There were 2 other consultation meetings held this month.

Policy Forum #1 - Highlight of Comments

  1. The law needs to reflect who we are: values, beliefs, practices. We need principles throughout the law, not just in the preamble.
  2. Include the child and family in decision making.
  3. Need accessibility for all. We need to reach people and remove the barrier or stigma (of child welfare) in order to get support.
  4. I like the principle: "families are entitled to receive early intervention in the best possible practices."
  5. Best interests of the child should be determined/defined by family and community versus the social worker and judge. This reflects the whole child.
  6. Child and family are the two most important components here. The more we can do to focus on these the better. There is a lot I like about the "Authorities" governance model. It puts Yukon government and First Nations on equal footing and supports partnerships and working together.
  7. Shift from a reactive approach to a proactive and preventative approach, and provide for extension of support to ensure stability.
  8. The use of community circles inclusive of community and family fosters greater accountability.
  9. For custody/access, court is usually involved because parents can't agree. At times there may be an imbalance of power especially where there is family violence and access is an issue when the children are at risk. Therefore 'parenting agreements' may be ideal, although there may be family issues preventing this agreement.
  10. The legislation has to somehow guarantee that money/resources are there to support prevention.
  11. Families of special needs should not have to give up their children to a director to receive supports. (e.g. autism)
  12. There should be an external review of programs and services.
  13. Legislation must allow for and support ongoing changes in society, particularly in First Nations governance in the area of family and children.
  14. The system needs to recognize the child's birth parents even though they may never 'parent' the child.
  15. A family should have a choice to work with a community committee or a government agency.
  16. The "Authorities" model and the "Community Committee" model are the most favourable. The Authorities model ensures full delegated authority for First Nations while the Community Committee model ensures involvement of the community and community standards. Combine these to create a new model and ensure it is flexible.
  17. Leadership needs to be involved. They need to understand and buy in to prevention funding. The funding needs to be stable and ongoing. Annual proposal writing is not helpful.
  18. The passion is here. Continue this process forever.
  19. There need to be supports for families. Families need to know the process and know what their rights and responsibilities are.
  20. There should be a community based appeal process. It would be easier to access and user friendly.
  21. People who receive services should have regular opportunity to comment on what it was like.
  22. The annual report should be done externally and be public information. The report should also provide recommendations that also affect the funding bodies.
  23. Family conferencing should be considered in decision making. The court should be the last resort.
  24. With regards to accountability in custody/access cases, need to have review periods to ensure parents are upholding their responsibilities.
  25. Need to have an independent advocate and work towards acceptance of their role.