British Columbia Association of Aboriginal Friendship Centres

INTRODUCTION

The Kermode Friendship Centre, Friendship House Association of Prince Rupert, and the Smithers Dze L K’ant Friendship Centre Society (the Urban Aboriginal Agencies) are designated agencies under the Child, Family and Community Services Act (CF&CSA) and Regulations.  Together with the Ministry for Children and Families offices in Terrace, Prince Rupert, and Smithers, they share a common goal of ensuring the safety and well-being of urban Aboriginal children.  In recognition of that fact, the following protocol has been established to clarify the roles and responsibilities of all parties respecting the provision of services to urban Aboriginal children and families in Terrace, Prince Rupert, and Smithers under the Child, Family and Community Services Act (CF&CSA) and Regulations.

The first goal of this protocol is to strengthen the working relationship between the Urban Aboriginal Agencies and the Director in ways that provide more effective services and increase our collective capacity to ensure the safety, health and well-being of urban Aboriginal children and families living in the Terrace, Prince Rupert, and Smithers areas.  The second goal of this protocol is to clarify the role of a designated agency as described in the CF&CSA and regulations.

Nothing in this protocol agreement is intended to jeopardize, prejudice, or affect any present or future treaty negotiations, or the result of any such negotiations, or to derogate from any existing Aboriginal rights.  Further, nothing in this agreement is intended in any manner to create or diminish any financial or constitutional responsibility or jurisdiction of Canada for Aboriginal Peoples of Canada, nor is it intended to create or diminish any financial constitutional responsibility or jurisdiction of the Province for the care and protection of children.  This protocol agreement is not treaty and nothing in this agreement creates treaty rights, obligations or duties.
 

Section 88 of the Indian Act states that “in the absence of federal legislation, provincial laws will apply”.  There has not been and is not now a federal law governing urban Aboriginal child welfare.  As such, the provincial laws governing child protection apply to Aboriginal people living both on and off reserve.  In British Columbia, the provincial law that governs child welfare is the Child, Family and Community Services Act (CF&CSA).  The guiding principles, (section 2), service delivery principles (section 3), best interest of the child (section 4) and duty to attend and inform others of presentation hearings (section 34) address specific areas of concern for the Urban Aboriginal Agencies. In acknowledgement of this legislation, the Board of Directors of the Urban Aboriginal Agencies support the enforcement of these provisions.

COLLABORATIVE APPROACH TO CASE PLANNING

The urban Aboriginal Agencies, in their role as a designated agency, and the director, through his representative, agree that they will work together in a spirit of cooperation and partnership whenever appropriate in supporting urban Aboriginal children and families.  The relationship will be characterized by respect for the responsibilities of both parties, namely, the safety and well-being of urban Aboriginal children.

ROLES AND RESPONSIBILITIES

It is the role and responsibility of the Director to receive and respond to reports of children in need of protection.  It is the responsibility of the Urban Aboriginal Agencies to promptly report any concerns of a child needing protection to the Director.

Section 14 of the CF&CSA requires that anyone who has a reason to believe a child has been, or is likely to be physically harmed, physically harmed as a result of neglect, emotionally harmed, sexually abused or sexually exploited b a parent or other person must promptly report the matter to a director.

The numbers to phone or report child protection concerns Monday to Friday during regular office hours are:

• In Terrace (250)  638-2311
• In Prince Rupert (250)  624-7594
• In Smithers (250)  847-7727
• After hours and on weekends, dial 310-1234 (no area code needed)

INFORMATION SHARING

The Director recognizes and supports the Urban Aboriginal Agencies in their role as a designated agency under the Child, Family and Community Services Act for urban Aboriginal children and families living in the Terrace, Prince Rupert, Smithers and Houston areas.   The CF&CSA directs that a designated agency is “the applicable aboriginal organization prescribed in the regulations for the purposes of this section, if the child is an aboriginal child.”   As such, the Director recognizes that designated representatives of the Urban Aboriginal Agencies have specific rights to be included as representatives of the Aboriginal community in child protection matters.  The Director will ask the parent or child if they would like to have an Urban Aboriginal community representative involved and will respect the decision of the parent.  Furthermore, the Director will assist urban Aboriginal people in making an initial contact with a representative of the Urban Aboriginal Agencies.

For the purpose of this protocol the director must, if practicable, inform the applicable aboriginal organization (specific designated Urban Aboriginal Agency)

I) of the date, time and place of the presentation hearing about application for a supervision order [Section 33. 4 (c)]
II) of the time, date and place of the presentation hearing [Section 34.3 (d)]
III) of the time, date and place of the presentation hearing relating to the child’s removal if an interim supervision order no longer protects the child [36. 2.1(e)]
IV) at least 10 days before the date set for a protection hearing, notice of the time, date and place of the hearing [38 (d) (i) (ii)]
V) that if the their representative appeared at the commencement of the protection hearing, they are entitled to be parties at the hearing [39 (c), 2]
VI) of the date, time and place of the presentation hearing about enforcement of the supervision order [42. 3 (c)}
VII) of the time, date and place of the extension of supervision orders and temporary orders [44(2)(b)]
VIII) when supervision of a child after temporary custody order ends [46 (2)(b)
IX) of continuing custody hearings and orders [49(2) (d)
 

At the request of the parent or urban Aboriginal child aged over 13, the director may disclose to a representative of the Urban Aboriginal Agency in accordance with Part 5 of the CF&CSA respecting confidentiality and disclosure of information, copies of:

• the child’s plan of care;
• service plans developed as a result of a comprehensive risk assessment;
• any assessments (developmental, psychological, psychiatric etc) which impact the nature of the planning services for a child or family; and
• in situations where a notice of hearing must be served on an urban Aboriginal individual, the Director agrees to provide the respective Urban Aboriginal Agency with information concerning the removal of an urban Aboriginal child and /or the orders the Director is intending to request in a timely manner.  The request for information may be made by phone.  The information requested may be provided over the phone.

Section 79 of the CF&CSA permits the Director to disclose information for specific purposes, whether recorded or not, without the consent of anyone.  The section provides a complete listing of these circumstances; the Director may not disclose information without consent for any other purpose.  The Director must always attempt to obtain a person’s consent where desirable and appropriate.  If such a disclosure must be made without consent, the Director provides only as much information as is required for a specific purpose and only to those who need to know because they are:

• involved in the child’s care or protection
• engaged in providing services for the child or the child’s family; or
• recognized in the community as organizations with community-wide responsibility for the safety and well-being of children.

RISK ASSESSMENTS

The Director and the Urban Aboriginal Agencies agree that whenever possible, and with the consent of the parent, risk assessments of Urban Aboriginal children and families will be done jointly with a representative from the Urban Aboriginal Agencies.  If this is not possible, and where the parent has requested the Urban Aboriginal Agency to be present and participate, the Director agrees to share the results of the risk assessment with the Urban Aboriginal Agency representative for any input or suggestions they may be able to offer.  With the consent of the parent, The Director agrees to provide the Urban Aboriginal Agency representative with a written copy of the risk reduction service plan when they are a part of the planning.

PROTECTING URBAN ABORIGINAL CHILDREN / ALTERNATIVES TO REMOVAL

The director through his designate will advise parents of the services provided by the designated or Urban Aboriginal Agency.  If there is reason to believe that an Urban Aboriginal child needs protection but is not in immediate danger, the Director must consider if other available measures are less disruptive to the child and still meet their need for protection.  These other measures may include:

• support services
• a court order for essential health care
• a temporary provision to take charge of a lost, runaway or unattended child
• arrangements for a child to reside outside the home (e.g. with a relative or friend) with the consent of the parent; or
• agreements or court orders to enable the removal of the offending person from a child’s home or to prohibit contact or interference with the child

If no other measures are available or adequate to keep the child safe, the Director may remove the child.

PLACEMENT OF URBAN ABORIGINAL CHILDREN

Section 71 of the CF&CSA provides the following direction when deciding where to place an Aboriginal child.  Decisions about placement must consider the child’s best interests and involve the Urban Aboriginal Agency or community representatives.

The Director will give priority to placing Urban Aboriginal children as follows:
1. with the child’s extended family or within the child’s Aboriginal cultural community
2. with another Aboriginal family
3. in a location where the child can maintain contact with relatives and friends
4. in the same family unit as the child’s brothers and sisters
5. in a location that will allow the child to continue in the same school

If requested to do so by the parent, the Director will seek information from the designated representative of the Urban Aboriginal Agency to assist in making decisions about where to place a child.

REVIEW AND CASE PLANNING FOR URBAN ABORIGINAL CHILDREN

The Director agrees to assist Urban Aboriginal children or families in contacting a designated representative of the Urban Aboriginal Agencies in case planning or regularly scheduled reviews of a child’s plan of care.
 

DISPUTE RESOLUTION PROCESS

The Director and the Urban Aboriginal Agencies agree to work to resolve disputes at the local level whenever possible.  If the Ministry for Children and Families (MCF) social worker and the Urban Aboriginal Agency representative cannot reach a satisfactory agreement, they will raise their concerns with their supervisors.  If the MCF supervisor or team leader and the supervisor of the Urban Aboriginal Agency cannot find a satisfactory solution then the issue will be raised with the Executive Director of the Urban Aboriginal Agency and the Child Protection Manager (if the dispute concerns a child protection matter) or the Community Living Manager (if the dispute concerns an urban Aboriginal child in care).  The Regional Aboriginal Services Manager may be invited to participate in this process if requested to do so by the Urban Aboriginal Agency representative. All disputes will be resolved in favour of the child’s safety and well being, in which the Director will have the final say after consultation with both parties.  Disputes will be resolved within 30 days after reaching the supervisory level.

Both parties understand and accept that because of their legal responsibility for child protection, the Director may have to take protective action that could include the removal of an Urban Aboriginal child before a resolution to a dispute is reached.

It is further understood that that the Urban Aboriginal Agency representatives will advise urban Aboriginal children and families of alternative complaints resolution or independent review processes including but not limited to:

1. the Ministry’s formal Complaints Process (administered by the Complaints Manager or Quality Assurance Manager) in which they can make a verbal or written complaint.
2. the Children’s Commission @ 1-800-859-1441
3. the office of the Child, Youth and Family Advocate @ 1-800-476-3933
4. the office of the Ombudsman @ 1-800-567-3247

REVIEW AND MANAGEMENT OF THE PROTOCOL

The Director and the Urban Aboriginal Agencies agree to meet together three times a year to review the protocol.  It is agreed that 3 months from the date the protocol is signed, representatives from the Urban Aboriginal Agencies and the Regional Aboriginal Services Manager will meet to review the protocol, discuss necessary changes and concerns.

The parties agree that if there are any changes in phone numbers or addresses that the party with the change will notify the other party as soon as possible.

The date for review of this protocol is  __________________, 2001.

(Ric Miller)                                                                  (Mike Caisley)
_________________________________              ________________________________
Kermode Friendship Centre                                        Regional Executive Director
(July 5 2001)                          (July 5 2001)
___________________    _____________________
Date                                       Date

(Farley Stewart)
_____________________________________
Friendship House Association of Prince Rupert

(July 5 2001)
___________________
Date

(Annette Morgan)
_____________________________________
Smithers Dze L K’ant Friendship Centre Society

(July 5 2001)
_______________________
Date

(Penny Perlotto)
_____________________________
Houston Friendship Centre

(July 5 2001)
____________________
Date