Question Period Note: Child and Family Services

• When the Act respecting First Nations, Inuit and Métis children, youth and families came into force on January 1, 2020, it marked a historic turning point.

• The Act affirms Indigenous peoples’ jurisdiction over child and family services so they can decide what is best for their children, families, and communities.

• We will continue to work with our partners to make sure the law works for First Nations, Inuit and Métis communities, and most importantly, for the children.

BACKGROUND

Indigenous Services Canada (ISC)'s First Nations Child and Family Services (FNCFS) Program provides funding to support the safety and well-being of First Nation children on reserve. Funding is provided to FNCFS agencies, provinces and the Yukon Territory to support the delivery of prevention and protection services on-reserve. ISC does not deliver the services. These services are provided in accordance with the legislation and standards of the province or territory of residence and in a manner that is reasonably comparable to those available to other provincial residents in similar circumstances, within ISC’s Program authorities. Funding under the FNCFS Program is provided according to a prevention-based funding model.

In 2016, the Canadian Human Rights Tribunal (CHRT) found Canada’s FNCFS Program to be discriminatory and ordered Canada to immediately remedy the discrimination. On February 1, 2018, the Tribunal added items to its previous order, including paying the actual costs of FNCFS agencies in prevention and other areas. The Department is working closely with the parties to the complaint – the Assembly of First Nations, the First Nations Child and Family Caring Society, the Chiefs of Ontario, Nishnawbe Aski-Nation, the Canadian Human Rights Commission and Amnesty International – to fully implement the various orders of the Tribunal.

In January 2018, the Government of Canada hosted an Emergency Meeting on Indigenous Child and Family Services, with national and regional Indigenous leadership, as well as federal, provincial and territorial governments, to discuss the causes that lead to the high rate of Indigenous children in care and how to work together towards systemic reform. At that meeting, the Government announced its commitment to six points of action that included the potential for federal legislation, as called for in the Truth and Reconciliation Commission’s Call to Action #4; continuing to fully implement previous CHRT orders (from 2016 and prior to September 2019); reform First Nations child and family services including moving to a flexible funding model; and work with partners to shift the focus of programming to culturally-appropriate prevention, early intervention, and family reunification.

The Act respecting First Nations, Inuit and Métis children, youth and families (Act) was co-developed with Indigenous, provincial and territorial partners and received Royal Assent on June 21,2019. The Act came into force on January 1, 2020.

On February 21, 2019, the CHRT addressed a new complaint regarding the definition of a First Nations child for the purposes of implementing Jordan’s Principle, and issued an interim relief order stating that Canada “shall provide First Nations children living off reserve who have urgent and/or life threatening needs, but do not have (and are not eligible for) Indian Act status, with the services required to meet those urgent and/or life-threatening service needs, pursuant to Jordan’s Principle”.

On September 6, 2019, the CHRT released an Order on compensation. The Tribunal ordered Canada to pay the maximum amount of $40,000 ($20,000 for pain and suffering and $20,000 for willful and reckless conduct) per child and parent or grandparent. Canada is required to report back to the Tribunal by December 10, 2019, on a compensation process agreed to by the complainants. A failure to reach an agreement will result in the panel ordering one of its own creation. On October 4, 2019 the Attorney General of Canada filed a Notice of Application for Judicial Review and a Motion to stay with the Federal Court. The compensation ruling remains in effect unless it is stayed by the Federal Court. A decision on the application for judicial review has not yet been rendered.

There remains four outstanding orders to come from the CHRT on the following issues: 1) major capital; 2) band representative services actual costs; 3) small agencies; and 4) the definition of a First Nations child for the purposes of Jordan’s Principle.

During the COVID-19 epidemic, ISC has expanded eligible expenses to support First Nations agencies and communities in addressing emergency concerns. Additionally, ISC recently introduced a national temporary measure to ensure that services already funded through the First Nations Child and Family Services Program are maintained for all First Nations youth who reach the age of majority or who are past the age of majority but are in special care arrangements, between at least March 9, 2020 and September 30, 2020. Agencies were informed in March 2020.

If pressed on Eligible expenses related to COVID-19
• We have expanded eligible expenses that will support First Nations agencies and communities to address emergency concerns, including issues related to COVID-19.

• This could include: temporary lodging to isolate an individual to prevent the spread of COVID-19; equipment to support teleworking for essential staff; supplies and supports to ensure the safety of workers; supplies for children; child care for service providers and caregivers; and emergency food for families at risk.

If pressed on Band Representative Services (BRS) in Ontario
• During the COVID-19 outbreak, ISC is putting processes in place to support Ontario’s Band Representative Services to address emergency concerns and to expand eligibility of expenses related to COVID-19.

• This could include:

o equipment to support teleworking for essential Band Representative Services staff;

o additional temporary staff to ensure the continuation of essential services;

supplies and supports to ensure the safety of Band Representative Services workers;
o emergency supplies for children; and

o emergency food support for families at risk.

If pressed on Communication Needs
• We understand that it is important for families to communicate with each other, especially during stressful times. We also recognize that the progress that has been made to reunite a family should not be disrupted or experience setbacks due to the social distancing requirements in place because of the COVID-19 pandemic.

• Where required by provincial government policies related to child welfare, ISC will cover the cost associated with technology or support for children in care so they can stay connected to immediate family such as parents.

If pressed on Educational support for First Nation children in care
• First Nations child and family services agencies are obligated to work with schools to ensure that the educational needs of children in care are met.

• The First Nations Child and Family Services Program may cover some expenditures for caregivers to be able to implement education plans in the current environment.

• As we adapt during the COVID-19 pandemic, foster and kinship Support Workers and Caseworkers will coordinate with caregivers and teachers to ensure that children and youth in care have the resources they need to continue their education online, in accordance with provincial legislation and direction.

If pressed on Community Well-being and Jurisdiction Initiatives - CWJI
• We are supporting First Nations communities by offering current Community and Well-being and Jurisdiction Initiatives (CWJI) recipients the flexibility to use any unspent or upcoming funding on emerging needs during the COVID-19 crisis.

• Communities may be able re-allocate their existing CWJI funding to address COVID-19 related risks to children and families. Communities should contact their regional offices to discuss potential options going forward.

If pressed on Temporary Measures for Individuals Reaching the Age of Majority
• Indigenous Services Canada recently introduced a temporary measure to ensure that funding for First Nations Child and Family Services Program services is maintained for all First Nations youth who reach the age of majority or who are past the age of majority but are in special care arrangements. between at least March 9, 2020, and September 30, 2020.