British Columbia Association of Aboriginal Friendship Centres

Recommendations to the Ministry of Children & Family Development

Regional Aboriginal Authorities (RAAs)

Recommendations to the Ministry of Children & Family Development Regional Aboriginal Authorities (RAAs

(as revised by the Board of Directors, 2002 BCAAFC AGM, Fort St. John, June 8, 2002) submitted June 12, 2002

Purpose of Report

The purpose of this document is to inform the Ministry of Children and Family Development's recommendations to Cabinet regarding Regional Aboriginal Authorities (RAAs) expected to be submitted in late June, 2002.
The recommendations presented in this document represent the collective position of the province's Friendship Centres regarding the proposed establishment by the Ministry of Children and Family Development (MCFD) of regional Aboriginal child welfare authorities. Of the 24 Friendship Centres in British Columbia, only one Friendship Centre specifically declined to participate in the consensus-building that informs these recommendations.
Specific recommendations may not reflect precisely the positions of individual Friendship Centres, but as a whole, the recommendations reflect a consensus among a majority of Friendship Centres. Individual Friendship Centres and Friendship Centres in collaboration with other Aboriginal partners, have made, and will continue to make, representations to the ministry regarding the local and regional interests of Aboriginal people.

Overview of MCFD Contract to Develop Recommendations

The BC Association of Aboriginal Friendship Centres (BCAAFC) has entered into a contract with MCFD to determine and document consensus among Friendship Centres on support for Regional Aboriginal Authorities (RAAs). The contract was awarded in response to a workplan submitted by the BCAAFC in March, 2002. The workplan was in response to the MCFD's admission that, during the period in which the ministry would be conducting community discussions regarding RAAs, they did not have the ability to explore in depth the issues of community governance and authority with the Friendship Centre network.
The period of the contract was April to June, 2002. The recommendations presented in this document are the result of discussions held with, and support provided to, Friendship Centres between early January and late May, 2002. In achieving the objectives of the contract, the BCAAFC respected the autonomy and local and regional relationships established by Friendship Centres. Friendship Centres were not obliged to participate in BCAAFC hosted teleconferences and meetings, and, the BCAAFC participated in local and regional meetings only at the invitation of Friendship Centres and/or the host organization.

Overview of MCFD Contract Activities

To establish whether a consensus existed, and determine what that consensus was, the BCAAFC engaged in the following activities:

Conducted teleconferences and in-person meetings with groups of Friendship Centres based on their geographic proximity to each other.
Provided policy and technical support and advice to individual and groups of Friendship Centres as they engaged Aboriginal partners and the ministry regarding RAAs and the devolution to community responsibility for Aboriginal child welfare.
When required, represented the provincial and local interests of Friendship Centres regarding RAAs with government and at stakeholder meetings, as well as represented the BCAAFC and Friendship Centre interests in complementary governance and authority initiatives coordinated by other organizations.
Provided a provincial perspective and context for community and regional discussions, based on having been present at every meeting throughout the province at which community leaders decided how their communities' interests would be represented during the transition to regional authority.

BCAAFC recommendations are to be submitted to MCFD in time to inform the ministry on Friendship Centre interests prior to the ministry making its recommendations to Cabinet in late June. During June, the BCAAFC will continue to support Friendship Centres as they partner locally and regionally to develop planning frameworks for the transition to community-based governance and some model of Aboriginal control over the future well-being of Aboriginal children and families. BCAAFC currently is negotiating with the federal government for funds to provide long-term coordinating resources for Friendship Centre involvement in local and regional governance processes.

Overview of MCFD Aboriginal Authority Proposal

Since late December of 2001, the Ministry of Children and Family Development (MCFD) has been holding discussion and feedback sessions with the Aboriginal community regarding the proposed establishment of regional Aboriginal child welfare authorities. These Regional Aboriginal Authorities (RAAs) would be responsible for managing some or all of a portion of the MCFD budget allocated for service delivery to Aboriginal children and families. Accountability for the effectiveness of a community-based service delivery system for Aboriginal children and families would be vested in regional governance structures, the constitution of which would be determined by Aboriginal communities within the boundaries of the region. Regional governance boards or “councils” would, once fully implemented, be accountable to the Aboriginal community for the effectiveness of the service delivery system, and, to the Minister of Children and Family Development for budgetary management and population-based outcomes.
The timeframe proposed by the ministry for establishing RAAs is the end of fiscal 2002/03 for the transfer of legal authority to regional community governance structures, and, the end of fiscal 2003/04 for the transfer of all the service delivery responsibilities to be assumed by each authority—that is, for the RAAs to be fully operational.
The provincial Cabinet has instructed MCFD to “consult” with Aboriginal communities regarding the level of support for the concept of regional Aboriginal child welfare authority, and to make recommendations to Cabinet by the end of June, 2002. Discussion with representatives of Aboriginal communities—First Nations chiefs and councils, political representatives, service delivery organizations, and delegated agencies—has been going on since late December of 2001. The ministry has been conducting “information and feedback sessions” across the province since early March of 2002. Approximately one month of community-based discussions were followed in April and early May by “regional consultations”. The “regional consultations” brought together leaders and advocates from the First Nations, urban and Metis communities within the boundaries of MCFD's new regional structure. The purpose of this round of discussions was to receive names of Aboriginal leaders who would represent regions during transitional planning.
“Consultations” leading to a recommendation to Cabinet concluded with a provincial conference June 10 and 11, 2002, intended to bring together with the minister the regional leaders named during the regional discussions, as well as Aboriginal leaders from provincial political and service delivery organizations. At this gathering, Aboriginal people decisively and unanimously endorsed a resolution set forth by Central Interior representatives supporting the establishment of Regional Aboriginal Authorities, and, rejecting the concept of “blended authorities” that would subordinate Aboriginal service delivery to a governance and authority model controlled by non-Aboriginal people.

Format of Recommendations

The format used for the recommendations is based on the set of discussion questions that MCFD distributed during its information and feedback sessions in communities throughout the province during March and April of 2002. These questions were also used during teleconferences with Friendship Centres as a foundation to develop consensus. The questions are being used because they represent a comprehensive framework to discuss issues of structure, relationships and accountability regarding Aboriginal child and family development authority.

Statement of Principles re Regional Aboriginal Authorities

For the establishment of Regional Aboriginal Authorities to be successful, the following principles must be respected in any process of negotiations undertaken by government:

That budgetary allocations to Aboriginal service delivery be rooted in a “fair-share” formula that privileges need over utilization, recognizing a) the historic and socio-economic conditions that drive overrepresentation of Aboriginal people in the child welfare system, and, b) the necessity to invest heavily in prevention, promotion, assessment and early intervention to achieve the goal of reducing the number of Aboriginal children-in-care.
That the “fair-share” allocation of budgets to RAAs extend to all service delivery areas within the ministry's mandate, including adult community living services.
That legislation establishing Regional Authorities and local governance invest in RAAs and Aboriginal governance structures the same authority and autonomy (including but not restricted to executive and operational management, budgetary and service delivery planning, allocation and management, human resource planning and management, policy and practice standards development, and, administrative functions and capacity) as are invested in non-Aboriginal Regional Authorities and governance structures.
That, prior to the effective implementation of RAAs and Aboriginal governance structures, all regional planning processes regarding an Aboriginal service delivery model and the allocation of Aboriginal service delivery funds, be subject to final approval by the regional Aboriginal planning groups that have been designated as representing the Aboriginal community.
That the Regional Authority in Northern BC be Aboriginal, accountable to an Aboriginal governance structure, invested with full control of the Aboriginal service delivery system, in recognition of the reality that the client base in the North is primarily, and in some communities entirely, Aboriginal.
That a “sub-regional” model be implemented in the north and interior of BC that will allow RAAs to respond effectively to the unique service delivery needs of distinctive sub-regions.
That regional authority and local governance models are accountable to all Aboriginal people regardless of status or residency.
That Friendship Centres be recognized as a legitimate partner in the governance of Regional Aboriginal Authorities, in recognition of the leadership role that Friendship Centres play in improving outcomes for off-reserve and urban Aboriginal children, families and communities.
That there be immediate, significant involvement of Friendship Centres in all levels of planning and policy development regarding Regional Aboriginal Authorities, regionally and provincially, in recognition of the significant role played by Friendship Centres in providing services and affecting outcomes of Aboriginal children, families and communities.

Issue 1: Support, in principle, for the creation of Regional Aboriginal Authorities
Recommendation 1.1:
That the Ministry of Children and Family Development create Regional Aboriginal Authorities (RAAs) that will invest control, responsibility and accountability for the well-being of Aboriginal children and families in Aboriginal governance structures.
Recommendation 1.2:
That the Ministry of Children and Family Development enter into consultations with regional and provincial Aboriginal planning bodies, duly recognized by Aboriginal communities, to begin drafting child welfare legislation specific to Aboriginal children that mandates Aboriginal approaches to child and family development.

Issue 2: Structure and constitution of governance models for Regional Aboriginal Authorities
Recommendation 2.1:
That the Ministry of Children and Family Development fully respect community consensus regarding the structure and constitution of governing councils for RAAs, to ensure fair and adequate representation of off-reserve and urban Aboriginal people within governance structures.
Recommendation 2.2:
That sub-regional representation on regional governance councils be sufficient to ensure that sub-regional interests and service delivery needs can be addressed in a timely and effective manner.

Issue 3: Management of the service delivery system by Regional Aboriginal Authorities
Recommendation 3.1:
That the Ministry of Children and Family Development, in implementing RAAs, fully respect existing delegation agreements and delegation agreements that are in the process of development and negotiation.
Recommendation 3.2:
That the Ministry of Children and Family Development, in implementing RAAs, fully respect the principle of the right to service regardless of residence or Aboriginal Nation, in managing the awarding of service delivery contracts for non-delegated services.
Recommendation 3.3:
That the Ministry of Children and Family Development, in implementing RAAs, fully consider the ability of off-reserve and urban service delivery organizations to provide appropriate and effective service to Aboriginal peoples in awarding service delivery contracts for non-delegated services.
Recommendation 3.4:
That the Ministry of Children and Family Development, in implementing RAAs, fully respect the right of Aboriginal people to receive services that are firmly rooted in Aboriginal culture and provided by Aboriginal organizations.

Issue 4: Management of the administrative infrastructure by Regional Aboriginal Authorities
Recommendation 4.1:
That the Ministry of Children and Family Development, in implementing RAAs, expedite the transfer of service, management, and administrative responsibility to effect full control of human resource management and staffing by Aboriginal Authorities and agencies in a timely manner.
Recommendation 4.2:
That the Ministry of Children and Family Development, during the period of transition to full control of staffing by Aboriginal Authorities and agencies, assume full legal liability for the actions of seconded ministry staff.
Recommendation 4.3:
That the Ministry of Children and Family Development rationalize all purely administrative and systems functions between Aboriginal and non-Aboriginal authorities within and across regions, affecting economies-of-scale wherever possible.

Issue 5: “Fair-share”, needs-based funding of Regional Aboriginal Authorities

Recommendation 5.1:
That the Ministry of Children and Family Development adequately resource community-based Aboriginal planning processes, allowing for community control of the allocation and management of planning resources.
Recommendation 5.2:
That the Ministry of Children and Family Development engage in “good faith” negotiation with Aboriginal communities regarding “fair-share”, needs-based funding allocations for child and family development services provincially, regionally, and regarding specific RAAs; and, that MCFD acknowledge in policy and/or legislation that “bad faith” negotiation of a “fair-share” funding formula for RAAs is grounds for terminating implementation of RAAs.
Recommendation 5.3:
That the Ministry of Children and Family Development, in implementing RAAs, provide budgetary incentives to supply, and succeed with, results-based programming proven to improve outcomes for Aboriginal children, families and communities.

Issue 6: Quality Assurance—the role of the Director of Child Protection in Regional Aboriginal Authorities
Recommendation 6.1:
That the Ministry of Children and Family Development appoint an Aboriginal persons, nominated by the Aboriginal community, to serve in the statutory role of Director of Aboriginal Child Protection provincially and in each region of BC.
Recommendation 6.2:
That the Ministry of Children and Family Development legislate that the Directors of Aboriginal Child Protection provincially and in each region have the same responsibility, accountability, authority and autonomy regarding child welfare policy and standards as is currently legislated for the provincial Director of Child Protection.

Issue 7: Quality Assurance—the role of legislation in Regional Aboriginal Authorities

Recommendation 7.1:
That the Ministry of Children and Family Development draft new legislation, or an amendment to the current Child, Family and Community Service Act, that ensures that Regional Aboriginal Authorities have a strong statutory mandate to focus on strengthening Aboriginal families and communities in line with Aboriginal approaches to child development.

Issue 8: Regional Aboriginal Authority accountability to Aboriginal communities
Recommendation 8.1:
That the Ministry of Children and Family Development, in implementing RAAs, mandate community accountability through annual reports and regular public meetings.
Recommendation 8.2:
That the Ministry of Children and Family Development include in enabling legislation for Regional Authorities terms of membership on governing councils that: a) ensure that governing council members are morally and legally able to serve in a child welfare organization; and, b) there are effective mechanisms for removing members of governing councils who are unfit, unwilling, or unable to fulfill their responsibilities.
Recommendation 8.3:
That the Ministry of Children and Family Development, in implementing RAAs, mandate standard financial reporting mechanisms, periodic practice audits, and the monitoring, reporting and evaluating of service delivery outcomes that are appropriate to Aboriginal child and family development in such a manner as to demonstrate the accountability of both RAAs to government, and, government to Aboriginal governance structures.