This is page numbers 5191 - 5226 of the Hansard for the 16th Assembly, 5th Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was child.

Topics

Foster Family Week
Members’ Statements

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Abernethy. The honourable Member for Nunakput, Mr. Jacobson.

Jackie Jacobson

Jackie Jacobson Nunakput

Thank you, Mr. Speaker. Last week I did a Member’s statement on the power disruption in Ulukhaktok and how people worked together to get through the problem. I heard on the radio last week, in Inuvik the power surge caused damage to people’s equipment, such as TVs, stereos, computers and other equipment.

There are probably not very many long-term Northerners who have not had equipment damaged in power surges, but you can only imagine my surprise when I heard the Power Corporation was paying compensation to the Inuvik residents for these damages. No one has ever made the offer to the residents of Ulukhaktok or Paulatuk or any other constituency I represent before. I need to learn how to get signed up for this program.

The radio announcer said the Power Corporation was apologizing for the surge and the damages that it caused and the Power Corporation will pay for the damages it has caused. I don’t think I’ve ever heard those words come from the Power Corporation before. In fact, advertisements in the paper told me that the Power Corporation would be making compensation for damages. I guess there’s a first time for everything.

I wonder if the residents in the communities could become eligible for this kind of program. I see many damaged TVs, computers and printers in the communities that I represent and handled many complaints against the Power Corporation, but nothing was ever resolved. I never knew that the residents in the Nunakput communities could get compensation.

I will have questions for the appropriate Minister at the appropriate time.

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Jacobson. The honourable Member for Nahendeh, Mr. Menicoche.

Kevin A. Menicoche

Kevin A. Menicoche Nahendeh

Thank you very much, Mr. Speaker. [Translation] Mr. Speaker, I phoned the community of Wrigley recently and told them the ferry services to Wrigley are very important to them. This is what I’m going to be talking about today. [Translation ends]

…closure of the Ndulee ferry. Tentatively, the Department of Transportation is looking at Monday, October 25th . The community has requested until

October 31, 2010. The closure will have a big

impact on the residents because they do not have a full-time store. They’re also awaiting shipment for their small concession store of staple items that they have need for. They’re also awaiting equipment for their business arm, and residents get faced with exceptional air charter costs because of the new rule of not allowing residents to land at a temporary airstrip on the highway.

The early closure will have the most impact on those with low income, pensioners and those on social assistance. They get their monthly stipend at the end of this month.

On behalf of the residents of the community of Wrigley, I request the Minister of Transportation request his department to seriously consider the request of the community.

In Minister Bob McLeod’s statement he confirms that reducing the cost of living is one of our five strategic initiatives of our government. We pride ourselves each time we do that. This small request for a one-week extension to the Ndulee ferry operation is consistent with our goal and at a very small cost.

Last year at this time the residents of Wrigley faced many challenges financially from an early closure. This time, will the Minister of Transportation ensure that the story is different and do anything he can in his power to hear the needs of the community of Wrigley?

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Menicoche. The honourable Member for Weledeh, Mr. Bromley.

Small Business Week
Members’ Statements

Bob Bromley

Bob Bromley Weledeh

Thank you, Mr. Speaker. It’s also Small Business Week and I want to join in saluting these local engines of our economies and communities.

As Members know from my many statements, small business is what it’s all about for a healthy and enduring economic future. Small businesses pour their benefits throughout our communities. They build the local tax base and grace our streets as a focus for not only our business but our social lives. Small businesses keep our dollars in the community to be spent again and multiply the benefits of local purchasing. Small businesses mean local jobs, providing opportunity, and allowing people to stay in their communities among their families and friends.

Small businesspeople are community-active people. They share their energy through volunteerism, contribution to local sports, cultural events and charities. Small businesses are contagious, providing customers and business partners for the growth of new firms to expand our economies.

As large projects come and go, small businesses provide the service base for the Northwest Territories workers we want living here at home and working on our major developments, not flying to their homes and provinces...

Small Business Week
Members’ Statements

The Speaker

The Speaker Paul Delorey

Mr. Bromley, your time for your Member’s statement has expired.

Small Business Week
Members’ Statements

Bob Bromley

Bob Bromley Weledeh

Thank you, Mr. Speaker. I seek unanimous consent to conclude my statement.

---Unanimous consent granted

Small Business Week
Members’ Statements

Bob Bromley

Bob Bromley Weledeh

I don’t mind saying that the small business community in my riding is amongst the most vibrant in Canada, certainly in Yellowknife. Our nutritious and renewable fisheries products come to the dockside in Weledeh for everyone to enjoy. Weaver and Devore is an historical business centrepiece of the city, the oldest continually operating business in Yellowknife. The traditions of bush pilots live on in the float bases that are the transportation mainstay and a tourism charm. Deton’Cho, the economic development arm of the Yellowknives Dene First Nation, is establishing its place as a significant player in well-capitalized enterprises. Lutra Associates encompasses the meaning of progressive socio-economic policy development.

I could go on and on. They are all run by local people paying their taxes in the NWT and building our human and community capacity through their efforts.

We owe a lot to our small business entrepreneurs. Please join with me in congratulating them on their achievements and vital contributions, and thank you for your consideration in allowing me to conclude my statement.

Small Business Week
Members’ Statements

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Bromley. My apologies for that. The honourable Member for Yellowknife Centre, Mr. Hawkins.

On-Line Petitions
Members’ Statements

Robert Hawkins

Robert Hawkins Yellowknife Centre

Thank you, Mr. Speaker. Today I’d like to highlight on-line petitions in my Member’s statement.

I am very pleased that the Legislative Assembly will soon be accepting on-line petitions here. It’s a new form of democracy being created right before our eyes, and I intend to promote this option to all the residents of Yellowknife Centre as well as throughout the North to all our northern constituents. I certainly hope Northerners will consider using this site to submit their petitions and make sure their voice is heard in this Assembly.

I was in favour of this direction from the start of our deliberations and I think that on-line petitions are a great way to ensure that there’s broad participation on democratic issues that affect the North.

Take issues like supplementary health benefits. It’s polarized Northerners from tip to tip to tip of our northern territory. This way we can ensure we hear their voice collectively, in one petition.

In 2000 the Scottish Parliament became the first Legislature to accept on-line petitions and formally launched its system in 2004. As I understand it, many European Legislatures now offer the ability to submit on-line petitions. The National Assembly of Quebec has recently established an on-line petition service for its residents. And our very own, the Legislative Assembly of the Northwest Territories, will become the second Legislature in Canada and, as I understand it, in North America, to have this feature.

Mr. Speaker, this Assembly has taken a huge step forward in delivering democracy to its constituents and I have to assure you that even if it has low uptake, the fact is we are providing access to our constituents, which is one of the purposes of why we’re here.

So I hope that this on-line service will mean that more MLAs will receive more petitions from their concerned constituents, rather than having their voice of silence because they’re not sure what to do. It seems to me the likelihood is that there will be more frequent petitions come forward and hopefully this government will hear concerns of the people by the people.

All in all, I think on-line petitions are a great way to increase communication in that outreach to our constituents. I want to thank the Members of this Assembly for their support of this initiative, especially the Members of the Rules and Procedures committee.

Finally, I would like to thank Mr. Speaker, as you soon will be launching this new initiative formally here as an opportunity for Northerners to make sure they are fully in touch with their Assembly. Thank you, Mr. Speaker. Thank you, Members.

On-Line Petitions
Members’ Statements

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Speaker. Item 4, reports of standing and special committees. The honourable Member for Tu Nedhe, Mr. Beaulieu.

Tom Beaulieu

Tom Beaulieu Tu Nedhe

Thank you, Mr. Speaker. Mr. Speaker, I am going to read the report, the Child and Family Services Act review.

Overview - The Way Forward

The grim legacy of residential schools continues under the current child and family services system.

From Fort Liard to Ulukhaktok, members of the Standing Committee on Social Programs heard these sentiments hundreds of times. Families lose their children instead of getting help to cope; children are sent away to distant foster parents instead of to the homes of extended family. Alcohol and other addictions ravage families and communities but there are few practical avenues for treatment, and little or no local support for those who do strive to break free.

The stories are all too real. Families across the Northwest Territories have suffered incredible tragedy and heartbreak in the past 80 years. First, severe flu epidemics took a terrible toll. Then, as families struggled to rebuild and recover, their children were taken away and sent to residential schools, often hundreds of kilometres away, with no way to get there but dog team. Communities emptied of young children were left to mourn; the children grew up without parents, missing the love and knowledge they deserved. This devastating practice went on for decades. The effects, spanning four generations, are still being felt today.

Testimony from our communities is supported by the shocking fact that more than 90 percent of child welfare cases involve aboriginal children. The causes are rooted in a long history of discrimination, assimilation, trauma and cultural loss in residential schools, social inequality and poverty, poor housing, and the lack of focus on prevention and support for families in need by child welfare services.

Community input is also consistent with the

evidence of professionals in the field, which shows that many parents involved in child welfare cases are victims themselves. A comprehensive 2003 study found that in 88 percent of cases, the female caregiver suffered from a physical, emotional, cognitive or behavioural issue, and was the victim of domestic abuse 73 percent of the time. In 38 percent of cases, the female caregiver disclosed that she was herself maltreated as a child, as did 23 percent of the men. The male parent in child welfare cases is a perpetrator of domestic violence in 41 percent of cases. Alcohol and drug abuse are prevalent among both parents.

But that is not the end of the story. In its review of the Child and Family Services Act, the committee heard that changes must be made both to the legislation and to the way it is delivered. Many objectives of the act are simply not being met. However, Members also heard that there is hope, that the communities want to take responsibility for their children, that a new relationship can be built with the Department of Health and Social Services. It is in this spirit that the committee offers its recommendations for change. In fact, committee members believe change is already underway. In the interest of building stronger families, the

Minister of Health and Social Services assigned child and family services’ staff to tour the communities with us to hear directly from the people.

The committee came away from the tour with great confidence in local leadership and the communities’ ability to play a key role in improving the child welfare system.

We were given a great deal of excellent advice, and there is more of it in the pages that follow. Here are the essential recommendations, from which the rest flow:

Recommendation 1

Focus on prevention and early intervention, helping families stay together and heal; including expansion of the Healthy Families Program into every community.

Recommendation 2

Take the least intrusive measures possible to deliver child welfare services, with increased emphasis on collaborative processes to solve family problems.

Recommendation 3

Set up and fund child and family services committees in every community, as set out in the act, providing resources to communities taking more responsibility for child welfare.

Recommendation 4

Provide alcohol and drug treatment, readily accessible and convenient to all communities.

Recommendation 5

Extend child and family services to youth aged 16 to 19, with provisions to assist young adults to age 23.

Recommendation 6

Improve the administration of child and family services by updating procedures, with particular emphasis on increasing extended family placements, custom adoptions and community-based solutions.

Recommendation 7

Develop a comprehensive Anti-Poverty Strategy that includes coordinating the work and policies of the departments of Health and Social Services; Education, Culture and Employment; Justice; and the NWT Housing Corporation in areas related to child welfare, such as social assistance, legal aid and housing.

Recommendation 8

Develop a strategic plan at the Department of Health and Social Services, incorporating the recommendations of this report, starting with a response to this report within 120 days.

Mr. Speaker, prevention and early intervention have traditionally been given low priority by the Department of Health and Social Services, but some positive steps have been taken in recent years to support families needing help. The Healthy Families Program is available to families, beginning with pregnancy and extending to children up to age five. The program features home visits to promote positive parenting, healthy childhood growth, and parent-child bonding as well as referrals to other community services. This is an excellent example of the direction child and family services should take. Unfortunately, the Healthy Families Program is only running in four large communities. The program is under-resourced and must be expanded and available in all communities.

Only the community of Fort McPherson has ever had a local child and family services committee, although provisions for them were made in the act in 1998. By setting up these committees, the department can rebuild its relationship with the communities, put local knowledge to good use, and shift its focus to prevention and early intervention with troubled families. Extended families will be more likely to be involved in solutions to family problems; some communities will likely work to restore the traditional role of elders. To be effective, child and family services committees must be properly funded and supported.

Current practice has focused much of child and family services’ work on families embroiled in crisis, and on the legal steps necessary when children enter custody of some kind. Far too often, apprehension becomes a permanent “solution,” removing the child from his or her family and community. More than a third of the 600 children receiving child welfare services in the Northwest Territories are in permanent custody. Adjusted for our population, we place more children in out-of-home care than any jurisdiction in Canada. This can, and must, change. Less intrusive measures can keep more families together and keep more children in their home communities.

Time and again, the committee was told that child neglect and maltreatment are rooted in alcohol and drug abuse. When children are removed from a family, it is common for the Plan of Care Agreement to require parents to complete an alcohol or drug treatment program. It is almost a guarantee of failure. Treatment often involves significant waiting times for centres that are far from home, and those who do succeed find little organized support for continued sobriety once they return home. In addition, the disparity of service and support is too great between large and small communities. This too must change.

It is well known that the years of young adulthood can be among the most challenging of our lives. Young people in the child welfare system, from age

16 to 19, are disadvantaged in our current system, to the point that their human rights are compromised. The gap in services for this age group was first raised in 1977 and remains to this day. In this instance, the act must be changed to require the director of child and family services to offer the same services to young adults as children receive, and further, to extend the director’s parental responsibility for permanent wards to age 23.

There are other barriers affecting children and families, falling under the departments of Education, Culture and Employment, Justice, and the NWT Housing Corporation. Many of these barriers can be reduced with coordinated action guided by a comprehensive Anti-Poverty Strategy. It is important that social assistance augments child and family services’ work; that families facing court hearings have good access to legal aid; that a family temporarily losing custody of children has a home to live in when they are reunited. An alarming proportion of child welfare cases arise among tenants of public housing, telling us that we need to look at the circumstances and supports available to families in public housing. The committee heard about problems in all these areas and they must be solved.

The hard truth is that many problems with our child welfare system are decades old, and we have not done enough to address them or their causes. A review by the Child Welfare League of Canada in 2000 is still instructive today: too little was being done to help families, through prevention and early intervention; families were forgotten after children were removed; staff caseloads were too high; there were problems with recruitment and training; and there was a lack of aboriginal staff, especially in management.

That said, without the amazing dedication and good-heartedness of many individual social workers and foster parents, our system would be far worse. These people regularly go beyond the call of duty, and find ways to help children and families. This group of people will be invaluable in improving child welfare in the future. In a small system like ours, even a handful of people can make a huge difference.

Mr. Speaker, most of the changes we advise can be made or started immediately. That is the recommendation of the committee. We also recognize that some of our most important recommendations will require investment. The committee believes very strongly that the future of NWT children and families warrants this investment. Services to protect and build strong families will benefit our children and our communities. As legislators, we must set priorities to see this through. That is what our constituents want and expect.

We thank everyone who assisted us in this review. Thank you to all those who attended the community hearings, who shared their stories and experiences, to those who made written submissions, to the department of child and family services staff who worked with us, and to all those who enabled our work. It is now our aim, and our duty, to begin making the changes required to build stronger families and communities. The people of the NWT deserve nothing less.

Mahsi cho, Mr. Speaker, and now Mr. Bromley will continue reading our report. Thank you.

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Beaulieu. The honourable Member for Weledeh, Mr. Bromley.

Bob Bromley

Bob Bromley Weledeh

Thank you, Mr. Speaker.

Bob Bromley

Bob Bromley Weledeh

Overview

The persistent high rates of child maltreatment in the NWT are a cause of great concern. The reactionary, crisis-response mode that child and family services operates in has not, and is not, solving child welfare problems, nor will it be able to in the future without serious changes.

Maltreatment is damaging children’s health and development, with dire consequences to our society. Maltreated children are more likely than others to suffer from physical, psychological and social problems that continue well after maltreatment has ended; for most, into adulthood. Victims of maltreatment often enter the child welfare system, which is very costly in itself. If we consider all the costs of case management, administration, services to families and children, foster care, adoption services, hospitalization, mental health care and law enforcement that stem directly from maltreatment, the expense is alarmingly high. The cost to children and their families, in human terms, is beyond calculation. In that light, child and family services must make proactive prevention and family support a core component of its Child Welfare and Protection Strategy.

The Child and Family Services Act not only allows the director to provide prevention services to children and families, but emphasizes this approach. Although there are currently a few prevention programs supported by child and family services, such as the Healthy Families Program, these programs are starved for resources and lack capacity to take on more clients. The unfortunate reality is that crisis cases eat up the lion’s share of child welfare resources. This crisis-response mode is not sustainable.

Alcohol and drug-related child neglect, followed closely by domestic violence, is the number one

cause of children being referred to child and family services. The majority of the parents involved live in poverty and struggle with mental health issues. To address those issues, it is important that government develop a stronger and more effective social safety net as part of its Anti-Poverty Strategy, considering child welfare programs in the process. There is a great need for better coordination of government services.

Although prevention of child maltreatment requires a government-wide approach, child and family services plays the key role. During the committee’s visits to the communities, members heard how many parents, especially young parents, would benefit from counselling and support groups. We need to vastly improve pre- and post-natal care and parenting skills, offer respite services and child care, plus in-home supports and home visitation programs. Investing in these prevention programs early will reduce the demand for protection services in the near future.

Prevention Services and Supports

1. Amend the act to:

a) mandate prevention and early intervention;

include a presumption of prevention and early intervention in the principles of the act;

b) include the presumption of working with

and providing support to the whole family to address protection concerns and develop policy and standards to support this change;

c) mandate community-based services that

must be provided by the director in all communities;

d) oblige the director of child and family

services to consider first local, then regional, and finally territorial treatment options for cases requiring alcohol and drug treatment or rehabilitation;

e) require the director to provide adequate

timely support to parents requiring alcohol or drug treatment or rehabilitation so that they are able to complete terms in the Plan of Care Agreement within a reasonable time frame.

2. Develop a comprehensive strategy to provide

resources and capacity for prevention and early intervention programming.

3. Work with departments and organizations such

as Education, Culture and Employment; NWT Housing Corporation; Justice; Health and Social Services; and the RCMP, to improve coordination of services and supports, at both the policy and delivery levels.

4. Ensure funding for prevention and early

intervention programming in every community,

and present a budget for it to the Legislative Assembly in the 2011-12 budget session.

5. Expand prevention services at the local level

by delegating responsibility and providing support to community agencies.

6. Expand the Healthy Families Program to all

communities with high priority.

7. Develop policy to allow the director to provide

financial support to families in emergency situations.

8. Encourage self-referrals and early intervention

by providing more voluntary services.

9. Develop policy that encourages the use of

supervision agreements and plan of care agreements before apprehension.

10. Provide in-home supports and services as a

means of keeping children safe in their homes.

11. Develop public education and community-

based parenting programs.

12.

Develop services for collaborative crisis planning with families at risk of developing protection concerns, with particular focus on families with infants and youth (because these factors coincide with a high level of stress in the household).

13. Develop more resources for alcohol and drug

treatment and rehabilitation in each region and support local program alternatives.

14. Develop a policy regarding victims of domestic

violence that includes:

a) providing services and supports that allow

them to keep their children safely in their custody;

b) advocating for victims and supporting

them in criminal proceedings against the perpetrator;

c) providing temporary shelter and support to

allow victims and their children to leave their homes where abuse is taking place.

15. Provide grants and resources to community

organizations to provide community-based services and supports, including shelters, food banks, counselling resources, treatment programs, healing camps, on-the-land, et cetera.

Mr. Speaker, I would like to pass the baton to my colleague Ms. Bisaro to continue with the recommendations. Thank you.

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Bromley. The honourable Member for Frame Lake, Ms. Bisaro.

Wendy Bisaro

Wendy Bisaro Frame Lake

Thank you, Mr. Speaker.

Wendy Bisaro

Wendy Bisaro Frame Lake

Overview

The legacy of the residential school system and the historically poor relationship between the communities and the department responsible for child protection continue to colour people’s present-day experience with child and family services. Their relationship is marred by lack of confidence and trust in the staff, the policy and procedures, and the administration of the Department of Health and Social Services.

In every community visited by the Social Programs committee during the review, there was unanimous agreement that child and family services’ interventions are too intrusive and damage children, their families and their communities. One reason for using intrusive measures such as apprehension, the committee found, was that when communication breaks down between families and child protection workers, the workers feel powerless and are inadequately trained to use alternative solutions to protect children.

The most effective way to reduce the number of children being taken into care, and to ensure that only those who absolutely must be taken from their parents’ custody are removed, is to use collaborative processes that focus on communication and alternative approaches to dispute resolution.

In order for parents and families to participate and communicate effectively with child and family services, it is necessary to use the least intrusive measures possible, develop advocacy tools to ensure that parents' rights are protected and allow them to participate more equitably, and engage the community in building the foundation for a new relationship with the department that is meant to serve them.

Least Intrusive Measures

16. Amend the act to:

a) add consideration for the Canadian

Charter of Rights and Freedoms, and the Rights of Aboriginal Peoples to the Principles of the Act;

b) include the presumption of least intrusive

measures with special focus on prevention, early intervention and mediation;

c) include the presumption of working with

the whole family;

d) include the presumption of keeping

families together and reunifying separated children and families to the extent possible;

e) to allow the establishment of an early

intervention team for self-referred cases and cases where a referral was investigated and the child is not currently

in need of protection, but where protection concern exists. The early intervention team should be made up of:

i. the child protection worker,

ii. immediate and extended family

members,

iii. a member of the child’s band council

administration, and

iv. any professionals with sufficient

interest in the child.

17. Change the threshold for apprehension to

include:

a) a child should not be apprehended if the

protection concern would be alleviated by providing financial support or other social services to the family;

b) confirmation that the child protection

worker has considered and/or attempted to provide services which were ineffective in alleviating the protection concern.

18 Develop policy and practice that is culturally

appropriate for the NWT, with special emphasis on consideration for aboriginal culture, extended family support systems and a community-based approach.

Collaborative Process

19. Amend the act to include a presumption of

using collaborative processes, mediation and dispute resolution, from early intervention and throughout the protection process.

20. Integrate collaborative methods into policy and

standards, including dispute resolution, participatory planning and other tools to improve communication.

21. Include in the policy and procedures a meeting

with parents and families for the purpose of outlining all of the options available to them in the child protection process.

22. Language used in the act, in policy and in

practice, should be non-adversarial and contribute to a collaborative process, and building understanding and better communication.

23. A formal conflict resolution policy should be

developed by the Department of Health and Social Services that includes the use of dispute resolution techniques and third-party mediators, negotiators or arbitrators.

24. Use dispute resolution to allow placement or

return of the child to non-custodial parents, relatives and extended families as a means of avoiding apprehension.

Advocacy and Legal Process

25. Amend the act to:

a) revise Section 85(1) and 85(2), to allow

the participation of advocates in all meetings between the child and/or parents, and staff of child and family services, court proceedings and case reviews. An advocate may include:

i. a legal professional or lawyer,

ii. a member of the extended family or a

friend,

iii. a member of the parents’ band

council administration,

iv. a member of an organization active in

the individual’s community, or

v. a professional with sufficient interest

in the individual.

b) Include that if the child is an aboriginal

child and belongs to a band council, notice should be served to the band council prior to both the apprehension hearing and the protection hearing;

c) make the affidavit available, with the

consent of the parents, to the band council of an aboriginal child, if a representative of the band council administration requests it;

d) formalize the child and parents’ rights to

legal counsel at all stages of the child protection process;

e) require full disclosure of the director’s files

for the purpose of the court process;

f)

revise Section 8(4) to provide meaningful access to legal recourse for victims of false reports, and consider other consequences for knowingly making a false report.

26. Establish a mechanism to ensure that every

child’s voice is heard, and that the child understands what is happening to them at every level of the child welfare system.

27. Develop a program for training child and family

services committees in such areas as human rights, the child protection process, and advocacy.

28. Encourage band administrations to participate

and advocate at all levels of the process and include them in training activities.

29.

Work with the Department of Justice to address gaps in services provided by Legal Aid, by:

a) making lawyers more accessible early in

the child protection process;

b) providing resources for assessments and

expert witnesses;

c) extending the billable case management

time lawyers are allowed to work with clients.

30. Start dialogue with lawyers, courts and the

Department of Justice to:

a)

integrate dispute resolution and collaborative processes into court processes;

b) build awareness of child welfare issues

and best practices.

Community Engagement

31.

Develop a client service approach at the department and authority levels, supported in policy and procedure, as well as client service training for staff.

32. Enhance child and family services’ relationship

with the public by conducting more public education, training and workshops in communities, for both the public and staff.

33. Rewrite the act in plain language, with special

effort to avoid use of adversarial language and concepts.

34. Develop plain language policy and procedure

documents for public information; such as guides, “how to” resources, a website, and pamphlets for parents, families and children involved with the child protection system.

35. Develop policy and guidelines describing who

and under what circumstances information from case files may be shared.

Mr. Speaker, at this point, I would like to ask my colleague Mr. Abernethy to continue reading the recommendations. Thank you.

The Speaker

The Speaker Paul Delorey

Thank you, Ms. Bisaro. The honourable Member for Great Slave, Mr. Abernethy.

Glen Abernethy

Glen Abernethy Great Slave

Thank you, Mr. Speaker.

Glen Abernethy

Glen Abernethy Great Slave

Overview

It became evident during the review that the department and its authorities face several major administrative challenges, including human resource management, supervision and oversight, monitoring and evaluation, data collection, technical support, and policy development. New approaches and strategies are required.

Case management and social work practice are also challenging the department, authorities and individual workers, reinforcing the need for regulation of social work practice, capacity building, and the development of new policies and procedures.

One of the primary functions of the department is to provide services that lessen the suffering and hardship of children, families and communities. The committee's findings show that poor program management and failed implementation of the act contribute to the challenges and hardships of residents of the North. To address this, the department must be able to provide, as a minimum, adequate services to children and youth in care and, ideally, services that help these individuals to thrive.

One key finding of the review is that youth are under-served by the Department of Health and Social Services, and other departments, and are falling into poverty, homelessness, violence and crime. This gap must be addressed, as unequal government services and supports for youth is a violation of their basic human rights.

To reduce child maltreatment and abuse across the territory, quality interventions and support services are required in every community. In the long term, quality interventions at an early stage will replace the volume of crisis-response interventions, which will eventually reduce both the human and financial costs of child protection.

Child and Family Services Administration

36. Amend the act to:

a) require the Legislative Assembly or a

committee of the Legislative Assembly designated or established by it to review the provisions and delivery of the Child and Family Services Act at the next session following each successive fifth anniversary of the tabling of this review in the Legislative Assembly;

b) require the director to develop a

monitoring and evaluation framework, reviewed and updated on a regular basis;

c) ensure regular reviews and updating of

policy and standards.

Required policy updates include:

i. apprehension

guidelines;

ii. guidelines for collaborative processes,

collaborative planning and dispute resolution;

iii. requiring the supervisors to approve

interventions;

iv. policy and guidelines for using least

intrusive measures;

v. guidelines for using supervision

agreements, voluntary services agreements and plan of care agreements as part of early intervention;

vi. guidelines on privacy and information

sharing that clearly indicate when, what and how to allow access to case information;

vii. guidelines for the provision of services

and supports for prevention and early intervention, after apprehension and after the child has been returned to the care of the parent(s);

viii. policy and procedures that minimize

the number of moves experienced by children in care.

37. Develop policy and guidelines that prevent

inappropriate and potentially harmful placements.

38. Develop a human resource strategy that

includes:

a) reducing

caseloads;

b) hiring more child protection workers and

social workers, with special focus on aboriginal recruitment;

c) using more lay workers where possible;

d) retention

planning;

e) providing regular and ongoing training and

support to child protection workers and social workers;

f)

using legal clerks to assist staff with court documents.

39. Make updating the policy and standards

manual a priority by assigning staff to lead and manage the project, and complete it within a reasonable time frame.

40. Improve supervision and oversight by requiring

regular meetings, supervisory approval of interventions, and increasing visibility of supervisors.

41. Develop policy and standards for monitoring

and evaluation activities.

42.

Replace the Child and Family Information System (CFIS) with a computer program that is up to date, user-friendly, and able to assist the department in improving case management, monitoring and evaluation, data collection, and planning.

Social Services Practice

43. Amend the act to mandate cultural training for

social workers and child protection workers.

44. Finalize the social work regulation process;

once complete, all designated child protection workers must be certified social workers.

45. Training for child protection workers should be

expanded, regular, and ongoing, and should include:

a) building practical understanding of the act

and familiarization with the policies, procedures and regulations;

b) training on human rights, the law, legal

processes and court documentation;

c) focus on understanding the options and

processes available under the act;

d) how to refer clients for prevention and

support services;

e) practical training in communication,

collaborative process and dispute resolution;

f)

cross-cultural training relevant to the NWT;

g) case management and lease intrusive

measures;

h) training on the implementation of the

Access to Information and Protection of Privacy Act (ATIPP) and how to share information within the limits of both ATIPP and the Child and Family Services Act.

46, Improve case management by developing

policy that includes:

a) regular meetings with clients, case review

and progress monitoring;

b) regular visits to children in care;

c) providing early intervention and prevention

services and supports for clients.

47. Ensure that expertise in mediation and dispute

resolution is available to both the department, and at the community level.

48. Create a “Best Interests Assessment” for use

by child protection workers during intervention planning to ensure that interventions are done in the best interests of the child.

49. Instead of the child protection worker, another

HSS staff person with training in collaborative processes and dispute resolution should have the responsibility of informing parents about the child protection process, their rights and responsibilities, and generally to provide assistance to parents and families.

Placement Services

50. Amend the act to:

a) allow the judge overseeing a protection

hearing to consider returning a child to a non-custodial parent or an extended family member who has regular care or contact with the child;

b) allow short-term extended family foster

placements with an expedited community screening process;

c) allow assisted fostering by extended

family, and develop policy to carry it out;

d) include the consideration of custom

adoption as a placement option and develop policy to implement it;

e) allow

assisted

adoptions;

f) include that the court can consider

placement and make a non-binding recommendation to the director;

g) require the child protection worker to

consider consulting the child’s extended family on placement arrangements and options.

51. Develop a database that flags case files when

children become eligible for adoption.

52. Enhance the foster family placement and

recruitment program to include:

a) a focus on aboriginal recruitment;

b) a more appropriate vetting process;

c) greater placement flexibility;

d) greater financial, social and other supports

for foster families;

e) emphasis on local placement.

53. Create more short-term non-foster placement

options, allowing flexibility for community input.

54. Develop therapeutic placement services that

include regular counselling and supervision, proper assessments and treatment of disabilities and special needs, and provide the special care that children in care generally require and deserve.

55. In policy, allow foster families to maintain

contact with children and, where possible, place children with the same foster families they have been placed with previously.

56. Develop policy and practice to keep siblings

together in placements to the greatest extent possible.

57. Develop policy and procedures to provide

financial, respite, training, and other services and supports to foster families.

Protection Services for Youth

58. Amend the act to:

a) require the director to offer the same

services to youth as to children;

b) define youth as a person from age 16

through 18, who may opt out of services and supports offered by the director, and opt back into services at a later time;

c) extend the director’s parental responsibility

for permanent wards to the age of 23 years;

d) require the director to provide services and

supports to children and youth

transitioning out of care and develop supporting policy.

59. Develop policy and standards that include

following up on children and youth after they have left the care of the director.

Mr. Speaker, I’d like to pass the reading on to my colleague, Mr. Krutko. Thank you, Mr. Speaker.

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Abernethy. The honourable Member for Mackenzie Delta, Mr. Krutko.

David Krutko

David Krutko Mackenzie Delta

Thank you, Mr. Speaker.

David Krutko

David Krutko Mackenzie Delta

Overview

Positive outcomes will result from combining quality social services and interventions with activities that encourage community participation, ownership and empowerment. As an important step in developing better relations with the community, the department and its authorities must work with communities on all levels: project planning, implementation and evaluation. Empowering the communities to take responsibility for their own child protection and family services and supports would go a long way towards effectively managing cases of maltreatment and abuse in a culturally and contextually relevant way.

One of the key ways to empower a community is by developing community agreements, establishing local child and family services committees, and delegating authority. These provisions currently exist in the act, but major challenges prevent their implementation. These include the department's fear of risk and liability, gaps in community capacity, resource constraints, lack of public information and awareness in the communities, and lack of initiative at the department and authority levels to engage communities effectively.

Community Empowerment

60. Amend the act to:

a) require the director to actively pursue the

delegation of responsibilities to aboriginal and community organizations, as defined in the regulations;

b) require the Minister to enter into a

community agreement in each community, even if the agreement simply states that the community does not wish to acquire responsibilities from the department of child and family services.

61. Develop capacity for monitoring and oversight

at the department and authority levels that would be required with delegation of authority to community organizations.

62. Develop policy and standards for delegating

responsibilities and services to community organizations.

63. The department should develop a plan and

policy guidelines in preparation for devolution by working with the authorities and communities, including both aboriginal and non-aboriginal Northerners in the planning process.

64. Support and encourage interagency meetings

and coordination of services at the community level.

Community Agreements and Child and Family Services Committees

65. Amend the act to:

a) require the director to provide funds,

including a salary for a committee coordinator position and per diems for members, training and support to child and family services committees;

b) allow flexibility of mandate and function for

the child and family services committees so that communities can create a model appropriate to their culture and situation;

c) allow and encourage child and family and

services committee members to participate in all child protection processes and develop the supporting policy.

66. Assign one or more staff members to pursue

and administer the development of community agreements, community standards, and child and family services committees; provide public education and capacity building services to communities.

67. Community agreements should be designed to

develop understanding and consensus on contextually appropriate definitions of neglect, harm and abuse.

Mr. Speaker, at this time, I’ll pass the reading onto Mr. Beaulieu.