HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home
Report of the Social Services Panel May 31, 2017 Care For Baby,
- Monitoring and oversight of programming -Baby welcoming ceremony, - quality assurance committee, -Baby welcoming and parental Nation-based support: - monitoring and oversight ofprogramming Elders and Families - implementation committee, - quality assurance committee, support kits - community development officer - implementation committee, care for the expectant - community development officer woman during pregnancy
EXECUTIVE SUMMARY
Ha’wiih Houses Huu-ay-aht children today are, like other indigenous children in BC, many times more likely to be taken away from their families and placed in to the foster care system than are non- indigenous children. Huu-ay-aht children are vulnerable under the legacies of the colonial I N F A N T and illegal taking of the Huu-ay-aht people’s lands and resources, Canada’s residential school s t a g e system, the 60s scoop, the continued systematic removal of children from their families into foster care by the provincial government, and the multi-generational impacts of the broken N C Y N A attachments and trauma that these government actions have brought to their parents, E G R NGE and grandparents. P CHA OR T F LYS ATA C Y O U TH
monitoring “bring our children home” overseeing The Huu-ay-aht First Nations government wishes to take focused and concerted action to “bring our children home” and to keep Huu-ay-aht children safe, healthy and connected to
Baby Welcoming Ceremonies their families and their Huu-ay-aht culture and community. As part of this work, Huu-ay-aht
awak c ma Hišuk
’ executive council appointed this independent panel to hear from the Huu-ay-aht community P Cultural Activities A R and research and interview external agencies, so as to provide Huu-ay-aht government with E N recommendations for concrete steps to be taken to improve outcomes for Huu-ay-aht children T S and families who are in, or at risk of being taken in, to the foster care system.
We were deeply moved by the brave determination so many Huu-ay-aht adults and youth Food baskets Youth Engagement & A Youth Council showed by speaking to us, and to each other, about the pain, fear and powerlessness they Treatment+ Support have experienced in being separated from their families, both through residential school
C and the foster care system. It was difficult for many to trust that it was safe to speak—both to
ELDERS a
r
e YOUTH SUPPORTED BY LEGAL ADVOCATES
+ and PROTECTION SUPPORT WORKERS us as outsiders, and to other Huu-ay-aht community members. There was a real fear that by
• Elder Training M
o speaking about past experiences, or by asking for help today, people made themselves more—
n
• Roles and Responsibilities i t
o
r not less—vulnerable to having their families torn apart. This must be reversed: people need to i n
Ha’wiih g know that their Nation is their advocate, and that their families, community and government
Community Assigned will come together and will do all that they can to support vulnerable families and keep -develop an Elder Liaison Program: HFN Huu-ay-aht children and adults safe, healthy and connected to their home. Elders can liaise between citizens and primary & mental health care service. -provide training for Elders to We were also moved by the strength and love we saw in the Huu-ay-aht community. We heard move into this role. . about the strong tradition of the Huu-ay-aht family—not the Eurocentric model of the nuclear family, but the Huu-ay-aht family—where one’s auntie is a second mother, one’s cousin a brother, and where grandparents, aunties and uncles will help care for and even raise children when parents call for that help. Several strong leaders in the Huu-ay-aht community today were raised in that way, when their parents called for that help. We also heard from Huu-ay-aht people who have come through great adversity—their own confrontations with addictions, violence and poverty—who, from the depths of their spirits, want to help other ADULT Huu-ay-aht people away from that pain, and to support today’s Huu-ay-aht children to be happy and safe. This resilience, love and strength must be harnessed.
Report of the Social Services Panel | May 31, 2017 1 children. We are recommending the Huu-ay-aht government be a leader in this area and make a Our recommendations focus on building front line, wrap around supports for Huu-ay-aht legislated long- term commitment to dedicated funding for broad front line services to support people throughout their lifetimes. One cannot help children without supporting what is children and families. most important to children: their families. This means providing their parents the support they need to be parents—and that support takes many forms. It also means providing Huu-ay-aht will need to look and build both outward and inward. Looking outward, the Nation formal support to grandparents, family and community members who assist in care, and to must continue to engage with other First Nations who are working to improve outcomes for their elders who can, with support and education, work as trusted liaisons to ensure services and own children and families, and must renegotiate properly resourced and structured relationships supports are reaching families who need them. Ultimately, the best way to provide safety for with provincial and federal agencies so that all three governments work in partnership for the Huu-ay-aht children is to provide a path for healing from multiple-generational trauma for well-being of Huu-ay-aht children and families. As a self-governing Nation, Huu-ay-aht is very all who need it. well positioned to do so. Looking inward, the Nation and Ha’wiih must ensure cultural activities are more frequently and consistently available to Huu-ay-aht people—we heard of a hunger for Adjustments in children’s care should broaden their attachments, not break them. There that. And fundamentally, looking inward, Huu-ay-aht citizens must identify how they can help will be times when parents need to call for help, as they always have. When this happens, support families that struggle, and must off er themselves to the responsibilities of caring for children must see how many people love them and are ready to move in to support and care children and parents who need it. for them. This requires advance planning and support—which the Nation can and must provide. Huu-ay-aht needs to build structured and resourced circles of protection around It has been our honour to work on this important project with and for the Huu-ay-aht First its children and families so that decision making happens with and by children and families Nations. We hereby submit this report with recommendations to Huu-ay-aht Executive Council. fi rst, supported by extended families, House Groups and the Nation. Through these circles of protection, decision making shifts away from Court-sanctioned removal decisions May 31, 2017 by external agencies.
We emphasize the need to do everything possible to provide whatever assistance is necessary well in advance of crisis in a family: wrap around support services; advance planning with
We also emphasize the need to provide strong transitional supports to families. We heard
We have emphasized the need to dedicate resources to the front-line: this is a child and family focused approach, and it is informed by numerous reports and recommendations that have preceded this project. Over and over again resources and restructuring eff orts have been focused at high levels and senior management in the provincial child welfare system, while the front lines have been systematically under-resourced and have failed to serve indigenous
2 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 3 TABLE OF CONTENTS Adoption...... 33 Current provisions and requirements...... 33 Current law, policy and administration over child protection...... 34 Executive Summary...... i Overview...... 34 Stages of Child Protection...... 35 Introduction and Purpose of Panel ...... 6 Ministry of Child and Family Development...... 39 Mandate ...... 6 Delegated Aboriginal Agencies...... 40 Methodology ...... 7 Nuu-chah-nulth Usma...... 41 Foundational Work...... 7 Royal Commission on Aboriginal Peoples (1996)...... 7 Tracks for Change...... 46 Hughes Review (2006)...... 7 Overview ...... 46 Representative for Children and Youth (2006-present)...... 8 Wrap Around, Life Cycle support...... 49 Truth and Reconciliation Commission (2015)...... 9 Supporting Huu-ay-aht People to Support one Another...... 49 Final Report of Special Advisor Grand Chief Ed John (2016...... 10 Investment in Human Resources...... 51 Engagement with Huu-ay-aht Citizens, Staff and External Agencies...... 11 Ensuring Infrastructure Supports People...... 51 Continual Engagement, Oversight and Monitoring...... 51 Safe, Healthy and Connected to Huu-ay-aht Home, Culture and Values...... 12 Youth Engagement...... 51 Huu-ay-aht Strategic Plan...... 12 Ongoing, Consistent and Frequent Community Engagement...... 61 Safe ...... 12 Ongoing Outreach/Engagement with other First Nations and Agencies...... 62 Healthy ...... 13 Internalize Decision Making, Oversight and Accountability...... 62 Connected ...... 14 Plan for Funding, Implementation and Negotiation...... 63 Huu-ay-aht Home ...... 14 Huu-ay-aht Culture ...... 15 Recommendations...... 68 Recommendations for Immediate Implementation...... 68 Huu-ay-aht Traditional Caring Structure...... 16 Investments in Human Resources and Programming...... 68 Planning, Decision Making and Monitoring Structures...... 78 Reasons Children are in Care...... 18 Negotiation and Jurisdiction...... 81 Impacts of colonization...... 18 Recommendations for Near Term Development and Implementation...... 82 Residential schools...... 19 Multi-generational impacts...... 19 Calls to action...... 85 Systemic Biases Toward Taking Indigenous Children into Government Care...... 20 Huu-ay-aht Citizens...... 85 Poverty, Addiction and Violence...... 22 Ha’wiih, matriarchs and House Groups:...... 85 Huu-ay-aht Administration...... 86 Understanding Roles of Attachment and Trauma...... 24 Huu-ay-aht Government...... 86 Provincial and Federal Governments...... 86 How things look today...... 25 Facts on Huu-ay-aht Children...... 25 Appendix A: Addressing Attachment, Trauma, Violence and Addictions...... 87 Huu-ay-aht Community Services...... 26 Appendix B: Huu-ay-aht Children and Family Jurisdiction Negotiations ...... 100 Legal Structure: Children and Family Services...... 30 Appendix C: Strategic Funding Approach...... 102 A Time of Change...... 30 Huu-ay-aht Law Making Authority under Treaty...... 30 Appendix D: Current Recommendations Made by Other Parties...... 106 Treaty ...... 30 Child’s Best Interests...... 31 Child Protection...... 31
4 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 5 the Citizen Development Committee summary of some of this important work is and other key individuals, organizations set out below. and governments; (b) develop case studies to illustrate (based Foundational Work INTRODUCTION AND on evidence) the problems with the social Royal Commission on Aboriginal Peoples 01 service system; (1996) PURPOSE OF PANEL (c) consider preventative programs, The 1996 Royal Commission on Aboriginal community resources, Huu-ay-aht Peoples (“RCAP”) included the following involvement in decisions, proactive notice, recognition of the harm caused by the lateral violence, anger management, removal of children from their families and restorative justice, social worker burnout, into care: healing centres, addiction treatment, safe “Many experts in the child welfare field homes, cultural programs, etc.; This initiative is a Huu-ay-aht First Nations MANDATE are coming to believe that the removal initiative. It was borne out of a strong (d) prepare specific recommendations to of any child from his/her parents is Executive Council on “made in Huu-ay-aht” desire in the Huu-ay-aht community and In July 2016, Huu-ay-aht Executive Council inherently damaging, in and of itself.... government to “bring our children home” and changes to Huu-ay-aht laws, social services The effects of apprehension on an appointed this independent Panel, with the agreements, policies, programs, services to take definitive steps to improve outcomes following mandate: individual Native child will often be much for Huu-ay-aht children and families, so that and facilities; more traumatic than for his non-Native Huu-ay-aht children can grow up healthy, “To recommend the changes necessary to (e) recommend an implementation plan counterpart. Frequently, when the Native happy and connected to Huu-ay-aht culture ensure that all Huu-ay- aht children grow and sufficient funding sources; and child is taken from his parents, he is also and community. up safe, healthy, and connected to (f) make other related recommendations as removed from a tightly knit community Huu-ay-aht home, culture and values. the Panel determines. of extended family members and Huu-ay-aht is a self-governing Nation, with a neighbours, who may have provided some modern Treaty and a Constitution. One of the Compared to First Nations and non-First The Panel began its work in October, 2016. support. In addition, he is removed from five key promises of the Huu-ay-aht Strategic Nations children and families, Huu-ay-aht This report, and its recommendations, is the a unique, distinctive and familiar culture. Plan is. social outcomes will be the best in Canada. culmination of the Panel’s work. The Native child is placed in a position of triple jeopardy”.3 “Our children will grow up safe, The Panel will report to the Executive healthy and connected to our home Director, and the Citizen Development METHODOLOGY The RCAP Final Report concluded and culture/values.” Committee and Executive Council will be definitively that there was a need to invest provided with monthly progress reports. Today 60 percent of the children who are in indigenous communities in order to This is a reality for many Huu-ay-aht “in care”1 in British Columbia are aboriginal, address the “inherent damage” done in children. However, not for all. There are removing indigenous children from parents The Final Panel Report will be public despite the fact that aboriginal people make 4 currently approximately 35 Huu-ay-aht and will be the subject of major HFN up nine percent of the population of British and their communities. children who are in care of the Ministry of community and government engagement Columbia.2 This is a profound and systematic Children and Family Development (“MCFD”) before Executive Council implementation failing based upon racialized and unjust or its Delegated Aboriginal Agencies decisions are made.” government policy. Hughes Review (2006) (“DAAs”), including Usma, the Nuu-chah- In November 2005 the Honourable Ted nulth Delegated Agency. Only nine of these Huu-ay-aht Executive Council further set out There has been a tremendous amount of work Hughes was appointed to conduct an children are living with Huu-ay-aht families. that it expected the Panel to: done by many dedicated, knowledgeable independent review of B.C.’s child protection Those living with non-Huu-ay-aht families and credible people to shine the light on the system (“Hughes Review”) following, among have varying degrees of connection with (a) consult extensively with Huu-ay-aht repeated and systematic ways in which we are other things, the tragic death of a young Huu-ay-aht community and culture. children, mothers, fathers, foster parents, failing so many indigenous children. A brief Nuu-chah-nulth girl who was in care under
6 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 7 the responsibility of Usma. More than 70 youth; and Children and Youth in Care11 Commission of Canada (“TRC”) was individuals with special expertise and more • Conduct independent reviews and established under the terms of the Indian than 300 child welfare groups and other investigations into the critical injuries or deaths October 2016 – Last Resort: One Family’s Residential Schools Settlement Agreement. 12 stakeholders contributed to the review. The of children receiving reviewable services. Tragic Struggle to Find Help for Their Son The TRC was mandated to: Hughes Review reported: 13 Since then the Representative has been February 2017 – Broken Promises: Alex’s Story • reveal to Canadians the complex truth about “The strongest impression I have gleaned consistent and clear in the reports and the history and the ongoing legacy of the from this inquiry is one of a child welfare recommendations made as part of that March 2017 – Delegated Aboriginal Agencies: church-run residential schools, in a manner 14 system that has been buffeted by an oversight role. The Representative has How Resourcing Affects Service Delivery that fully documents the individual and unmanageable degree of change. There repeatedly reported systematic failings collective harms perpetrated against aboriginal has been a revolving door in senior impacting indigenous children within British The Representative has made repeated peoples, and honours the resilience and leadership positions; emphasis in practice Columbia’s child welfare system, largely recommendations to improve services courage of former students, their families, and has shifted between child protection and attributed to underfunding, unmanageable for vulnerable children, youth and their communities; and family support; functions have been workloads, social worker burnout, inadequate families, including shifted out to the regions and then pulled education and training in historical and • guide and inspire a process of truth and back to centre; new dispute resolution trauma informed social work, outdated (a) Professional indifference to aboriginal healing, leading toward reconciliation within processes have been introduced. And much policies, a lack of accountability, the youth must be addressed and eliminated; aboriginal families, and between aboriginal of this has gone on against a backdrop of downloading of responsibilities to DAAs (b) Steps must be taken to ensure services peoples and non-aboriginal communities, significant funding cuts, even though it is without appropriate funding and support, and do not fall through jurisdictional gaps; churches, governments, and Canadians commonly understood that organizational generally. The process was to work to renew a failure to incorporate aboriginal perspectives (c) An aboriginal perspective must be change costs money.” relationships on a basis of inclusion, mutual into policies and programs. incorporated into policy development and understanding, and respect.18 action plans; The Hughes Review made 62 Reports issued by the Representative include: recommendations, central among which (d) Take immediate steps must be taken After six years of operation and holding to provide effective services to children was the need to create the Representative September 2013 – Out of Sight: How One events in all parts of the country, including and youth; for Children and Youth as an independent Aboriginal Child’s Best Interests Were Lost National Events in Winnipeg, Inuvik,Halifax, advocacy and oversight body in B.C. Between Two Provinces6 (e) Policies, protocols and standards Saskatoon, Montreal, Vancouver and must be reviewed and compliance must Edmonton, attended by over 9,000 residential November 2013 – When Talk Trumped be improved through annual reports, school survivors and holding events at the Representative for Children and Youth Service: A Decade of Lost Opportunity for including with respect to services provided community level, including 238 days of local 15 (2006-present) Aboriginal Children and Youth in B.C.7 by DAAs and contracted agencies and hearings at 77 communities across the country, preventing and responding to sexualized gathering documents and statements about 16 In May 2006 B.C. government passed the February 2014 – Lost in the Shadows: How violence against aboriginal girls; and residential schools and their legacy, the TRC Representative for Children and Youth Act, a Lack of Help Meant a Loss of Hope for (f) Ensure commitments by all provincial issued its Final Report and Calls to Action. As SBC 2006, c. 29 establishing the Legislative One First Nations Girl8 child welfare authorities to fully support the TRC stated: Assembly’s authority to appoint an officer the needs of children and families for a of the Legislature as the Representative for May 2015 – Paige’s Story: Abuse, seamless transition of services, including “For over a century, the central goals 5 Children and Youth (the “Representative”). Indifference and a Young Life Discarded9 between jurisdictions before engaging in of Canada’s Aboriginal policy were to The Representative’s mandate is to: any process to transfer jurisdiction over eliminate Aboriginal governments; ignore September 2016 – A Tragedy in Waiting: aboriginal child welfare.17 Aboriginal rights; terminate the Treaties; • Advocate on behalf of children, youth and How B.C.’s Mental Health System Failed and, through a process of assimilation, young adults to improve their understanding One First Nations Youth10 cause Aboriginal peoples to cease to of and access to designated services; Truth and Reconciliation Commission (2015) exist as distinct legal, social, cultural, • Monitor, review, audit and publicly report October 2016 – Too Many Victims: religious, and racial entities in Canada. The on designated services for children and Sexualized Violence in the Lives of In 2008, the Truth and Reconciliation establishment and operation of residential
8 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 9 schools were a central element of this Final Report of Special Advisor Grand within First Nations communities. appropriate “made in Huu-ay-aht” solutions, policy, which can best be described as Chief Ed John (2016) The recommendations are directed at Huu-ay-aht has identified that it cannot and “cultural genocide”.... MCFC, DAAs, First Nations leadership and will not wait for the big ships to turn around. Even since this Panel was struck, further the federal government. And, Canada separated children from reports have been released that are essential Huu-ay-aht is a relatively small community their parents, sending them to residential reading to understand the historic and current The Panel has carefully considered Chief with demonstrated capacity to pursue change. schools. This was done not to educate state of the administration of child welfare John’s Report and Recommendations, and has It is one of the few First Nations in British them, but primarily to break their link to services to indigenous people in British provided comments regarding how these can Columbia to enter a modern Treaty with their culture and identity. In justifying Columbia. This includes Indigenous Resilience, apply to Huu-ay-aht (Appendix D). BC and Canada. Huu-ay-aht is also already the government’s residential school Connectedness and Reunification—From Root recognized as a leader among First Nations policy, Canada’s first prime minister, Sir Causes to Root Solutions: A Report on Indigenous The Panel would also like to acknowledge on a number of fronts, including in working John A. Macdonald, told the House of Child Welfare in British Columbia, Final Report other external research and reports that to improve services provided to children and Commons in 1883: of Special Advisor Grand Chief Ed John 20, which have been very helpful to informing the families. was released in November 2016. Panel’s understanding of the systemic issues When the school is on the reserve the surrounding the provision of child welfare We therefore approached our task informed child lives with its parents, who are The report provides advice to the Province services in our province.21 by the reports and recommendations that savages; he is surrounded by savages, of BC (as well as Canada and indigenous have come before us, but with fresh ears with and though he may learn to read and governments) on indigenous child welfare, We do not recreate the work that has been which to listen to the Huu-ay-aht community write his habits, and training and mode with the hope that governments will work done examining the nature and causes of the as well as to other organizations and agencies of thought are Indian. He is simply with communities and families in partnership historical and current failings in caring for who have been working to improve outcomes a savage who can read and write. It “to recognize, constructively address, and indigenous children and youth. Instead we rely for children. has been strongly pressed on myself, reconcile our respective interests to better on much of the work that has been done in this as the head of the Department, that support the needs of all Indigenous children”. area. We take these as a departure point, and Engagement with Huu-ay-aht Citizens, Staff and Indian children should be withdrawn The report summarizes the engagement we focus on what we have heard from Huu-ay- External Agencies as much as possible from the parental Grand Chief Ed John undertook with aht citizens, staff and leaders to arrive at the Over four months we conducted community influence, and the only way to do indigenous communities throughout BC, report and recommendations that follow. engagement sessions in Port Alberni, that would be to put them in central 10 DAAs and 12 organizations and interest Vancouver, Nanaimo, Victoria and Anacla. training industrial schools where they groups over 14 months. Very importantly, we are at a time when there We also conducted an engagement session in will acquire the habits and modes of Grand Chief Ed John provides a detailed is widespread recognition throughout the Port Alberni with Huu-ay-aht youth who have thought of white men... analysis of indigenous child protection in BC, province and the country, and even within been or are currently in care. identifies 10 areas in need for focused action the provincial and federal governments, These measures were part of a coherent and makes 85 recommendations that focus on: that fundamental change to the delivery We also spoke with Huu-ay-aht staff and policy to eliminate Aboriginal people as of child and family welfare services must leaders, as well as many individuals from distinct peoples and to assimilate them (a) reducing the need for indigenous come. However, only a few have successfully external organizations, including the provincial into the Canadian mainstream against children and youth to come into care; translated those words into action. and federal governments, Usma, MCFD, 19 their will.” (b) increasing support services that help keep families together; This puts Huu-ay-aht’s initiative at an We wish to take this opportunity to thank the The first five of the TRC’s Calls to Action were important cross-road, or point in time. Huu- many individuals who gave us their time, and dedicated to immediate reforms and funding (c) enabling greater access to judicial services; ay-aht should not forego or fail to capture spoke from both their professional and their needed to improve child welfare delivery and (d) creating a more equitable funding the movements toward positive change deeply personal experiences. In particular, prevent the continued harms of the ongoing formula between the Province and the that are happening outside Huu-ay-aht’s we thank and recognize the many practice of child apprehensions and removals. federal government; community in places that have direct impacts Huu-ay-aht citizens and their families (See Appendix D). (e) increasing early intervention services; and, on Huu-ay-aht (i.e. the provincial and federal and supports who came to speak with us, (f) specifically targeting more MCFD staff governments and at Usma). But at the same often travelling significant distances, and time, by appointing this Panel to inquire into overcoming many real obstacles to do so.
10 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 11 temporary home, sometimes again without The Panel learned three important things: warning or explanation. (a) the broader concept of safety, which includes safety from immediate physical SAFE, HEALTHY AND CONNECTED “We felt like we were kidnapped.” harm, but takes a longer term holistic TO HUU-AY-AHT HOME, CULTURE - Huu-ay-aht Youth approach to assessing safety, is articulated 02 throughout the Huu-ay-aht community as AND VALUES While this approach may lead to “safety” the appropriate measure and goal for the in a narrow and immediate sense (for protection of children and families; example, violence may be avoided, which is (b) there is recognition inside both the an undeniably important priority), it is not Ministry and Usma that child protection “safe” in the broader sense. practices need to shift from the narrow understanding of safety to the broader Children must be kept safe from harm HUU-AY-AHT STRATEGIC PLAN understanding of safety; and “Safety” can have a number of different within the home. This includes having shelter, food and essentials, and being (c) despite this recognition, there remain The Panel has operationalized the social meanings. The Panel learned, through information received from community protected from violence. recent incidents of state intervention for the outcomes to be achieved based on the goals protection of Huu-ay-aht children without set in Huu-ay-aht’s own Strategic Plan—that members and from Usma and MCFD There is no question that the safety and due regard to, or protection in place for, the is, to keep children: representatives, that the differing security of children both in their homes and broader and long term safety of the child. (a) safe; understandings of and approaches to safety in in care is of fundamental importance, and (b) healthy; and administering child protection policies are a that there are tragic examples of children Why this is so—why, despite this (c) connected to Huu-ay-aht’s home, site of tension, disagreement and even conflict being fundamentally failed and harmed by recognition, it is still not being consistently culture and values. between front line social workers, families and the Nation’s representatives themselves. adults who were supposed to be looking operationalized “on the ground”—is in many after them, including Nuu-chah-nulth ways the very center of the issue the Panel has We do so mindful of the fact that for In particular, a dis-juncture revealed itself children under the care of Usma.22 been assessing. Largely, the tools (including Huu-ay-aht, the best interests of a child are legal tools) are there to enable safer and met holistically: by supporting the child in all between approaching safety as an individual and immediate physical evaluation on one “Protection must not compound trauma” more holistic means of protecting Huu-ay- aspects of her emotional, intellectual, cultural aht children. The Panel has learned what and physical development, while at the same hand, and approaching it by taking into Children must also be kept safe from practical impediments lie in the way. These time ensuring that her family and community account the broader context of a child’s life harm arising from interventions in their are set out in this report, and are the subject of are held up in supporting her. We heard and well-being on the other, including the care, including trauma. Protection must not several of the Panel’s recommendations. clearly from Huu-ay-aht people that the longer term emotional and mental health impacts on a child from state intervention compound trauma. Huu-ay-aht view of well-being and care for At the same time it is very important that children is inextricably linked to care for the into their care. Disruption in a child’s family and way of plans for safety, permanency and cultural family too—children, family and community life—even when problems exist at home— connection must be conscious of existing are interwoven. Taking this divergence to its extreme (which we do here only to illustrate the can be a serious cause of trauma for children, attachments to foster families and must important concept, not to highlight a or can compound trauma that has already be very careful not to re-traumatize youth SAFE particular case), this can lead to erring on the occurred. As the Panel heard, this was so with by ignoring those existing and important side of conservative or cautious assessments the removal of children to residential schools, attachments. In its Strategic Plan, Huu-ay-aht lists keeping of immediate individual safety, thereby and it is so with the removal of children into children safe as the first among the goals to justifying abrupt removals of children from care. Trauma cannot be underestimated as an HEALTHY be achieved. This is of paramount importance their homes without providing meaningful ongoing matter of child safety. Our chapter to Huu-ay-aht, and this is reflected under the warning or explanation to the children or on trauma and attachment will address this in Good health must also be understood Treaty and under existing provincial law their families, and even moving children more detail. holistically—not just physical health, but also (as set out below). several times from temporary home to emotional and mental health.
12 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 13 be drawn upon to support the reconnection In order for children to be safe in their homes, The ancient cultural values of the Huu-ay- with home as an aspect of resilience. both their own health and the aht frame their world view and inform their health of their parents and caregivers must modern mind and approach as a Treaty Nation. be supported. This world view and approach provides a Huu-ay-aht Culture strong foundation for understanding and Values of the Huu-ay-aht Peoples are We will address emotional and mental health accepting the need for Huu-ay-aht children, reflected in their ancient culture.?iisaak in this report as these were recurrent issues youth and family to be connected to each (respect for), Hisuk ma cawak (everything that came up in our discussions with other, community and territory. Expert reports is connected), ?uu?atuk (taking care of) are Huu-ay-aht citizens. In particular: support this approach. core Huu-ay-aht values. The application of (a) The compounded trauma caused by the these values in the context of the well-being disruption, uncertainty and fear associated Special Advisor Grand Chief Ed John of Huu-ay-aht children and families would with removal of children into care; addressed the importance of keeping reflect an approach that accepts that there families connected in his report Indigenous is responsibility to take care of children, (b) Impacts caused by insecure Resilience, Connectedness and Reunification – youth and families and also respects the attachments; From Root Causes to Root Solutions. One of value of children, youth and families. In (c) Physical and mental impacts of ten areas identified for focused action is the addition, the fact that everything is connected addiction; and provision of prevention services and the recognizes the need to express the importance (d) Violence. importance of keeping families connected. of the connectedness within family as a Chief Ed John highlights the importance of fundamental aspect of a strong, safe, healthy The mental health of children is not only ensuring that children and youth have every community and Nation. affected by trauma, but on a more long term opportunity to safely remain together with basis is affected by disruptions to the sorts their families, or at the very least connected Through community engagement the Panel of attachments that are important to full to their own communities. The Huu- ay-aht has heard that there is a real need for this development. We have therefore dedicated a have expressed that the family is a broader connection. Huu-ay-aht citizens expressed section of this report to Trauma, Attachment expression of connection than the typical that this is a gap within the current system. and Child Safety. nuclear family model and these connections Huu-ay- aht children, youth and family must be included in the understanding of need to have an understanding of their We have also dedicated a section of this Huu-ay- aht families. connection to each other, family, community report to the topics of Addiction and Violence. and territory in order to flourish and this These are addressed alongside Poverty, Huu-ay-aht Home understanding is built upon which must be squarely recognized as a Hahouthlee (traditional land and territory) is lived experience. systemic factor in causing children to be the Huu-ay-aht word for the homelands of taken into care. their Peoples. Through an understanding and opportunity to know and experience CONNECTED traditional territories is to know that there is an existing homeland with which to be There is great value and personal strength in connected. This connectedness adds to the understanding where one is from and how strength and healing to know that there is a one is connected to a People and traditional place from which your ancestors thrived as territory. The expression of this is through an organized society with a culture, language connection to family and community and and world view. This includes children, youth connection and experience within the and families understanding how they are traditional territory of one’s ancestors. connected through the Huu-ay-aht house system. This is the ancestral strength that can
14 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 15 goal—whether it be offering themselves as care givers, offering their homes and families as safe and dependable places where children can grow up with permanency and HUU-AY-AHT TRADITIONAL attachment, or offering themselves as elders, 03 CARING STRUCTURE co-parents, or other support. “Me and my cousins were playing around and we had to listen. But I’m thankful for that because I learned as I grew older...I used to call it the old fashioned way of being raise—my uncle, my dad and my aunties” - Huu-ay-aht elder From the very first of the Panel’s community their own mothers, aunts and grandmothers. engagement sessions, the Panel heard We also heard that legal complexities arise consistently about the strength that “I was raised by my grandparents so I when alternate care arrangements are made lies in the traditional ways of caring for learned my language first, and that wasn’t with family or in the community that make Huu-ay-aht children and families. taken away through residential school the security of those arrangements vulnerable because I learned from when I was so little and open to legal challenge. We heard that Huu-ay-aht members told the Panel from my grandmother, and I learned all legal assistance is required to properly stories of Huu-ay-aht families taking the teachings” - Huu-ay-aht elder formalize these care arrangements to ensure Huu-ay-aht children into their homes when continuity and minimal disruption to youth. those children’s parents could not care for We also heard that as a government, them. For example, a whole generation of Huu-ay-aht has put in place programs and one Huu-ay-aht family was raised in this initiatives to continue providing support to way after the death of the children’s mother. Huu-ay-aht families, as discussed below. Before she died, she gathered her siblings to her, and assigned each of her eight children However, we also heard that Huu-ay-aht to her siblings’ homes. They were raised by does not currently have a list of Huu-ay-aht their extended families and those children homes or families who are prepared to take are adults today, many of them elders and in Huu-ay-aht children when their parents important leaders in the community. This type cannot care for them. Usma will generally, of story was told to the Panel more than once. and the MCFD will sometimes, ask Huu-ay- And it continues today, with grandparents aht if there is a Huu-ay-aht family available caring for and raising children whose parents before placing children with non-Huu-ay-aht are not able to care for them. families, but without an internal list available, it if often difficult to respond. “Culture begins before we are born. Caring for pregnant women” We repeatedly heard that Huu-ay-aht - Huu-ay-aht citizen members would like to move toward this model: they realize that in order to We also heard that Huu-ay-aht historically keep children “home” in the Huu-ay-aht cared for children from before they were community (however defined), that people born—pregnant women were cared for, kept must look to themselves to step forward healthy, and taught to become mothers by and provide what they can to support this
16 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 17 compromised indigenous communities in their parents and community perpetuates the every way imaginable, including undermining trauma on families which leads to addiction, indigenous governments, communities, neglect and abuse, continuing the cycle. families and children. Although the Panel’s mandate is to come up REASONS CHILDREN with recommendations on how to reduce 04 ARE IN CARE RESIDENTIAL SCHOOLS the current number of kids in care, and to ultimately prevent all future incidences, The imposition of residential schools was these results are directly related to impacts a collective tragedy, designed to disrupt of colonization and restoring health and attachment, parenting and transmission of wellness to Huu-ay-aht citizens and families. indigenous/Huu-ay-aht values to children and community. “I used to wonder, is this my fault?” - Huu-ay-aht youth The main reason cited nationally for The ultimate goal must be to ensure families The Truth and Reconciliation Commission removing children from their home is neglect, have the supports needed to provide safe described the impact of residential schools on We heard from several Huu-ay-aht parents with abuse cited as a more infrequent reason.23 homes--not simply reducing apprehensions. indigenous people in great detail. There is a that they felt they had never learned to When Huu-ay-aht citizens and staff were Put another way, the safety, health and terrible legacy left behind from the split up of parent—some had been taken from their questioned the main reasons for neglect were connection of children should not be families and the other acts meant to assimilate parents when they were young, and raised issues of addiction, poverty and violence. jeopardized in an effort to simply reduce or subjugate First Nation people to comply in the harsh institutional and authoritarian Citizens spoke more readily about addiction apprehensions. A reduction in apprehensions with Eurocentric power. Residential schools setting of residential school. Others had issues, but we also heard about violence as a must be an outcome of meeting the real were the leading cause of much trauma to been raised under the legacy of that tear serious and relevant issue during each one of goals set out in the strategic plan— keeping First Nation families. This has left First Nation through the fabric that had formerly held our engagement sessions. children safe, healthy and connected. people with many gaps in their quality of family and community together. This is an life and with wellness. Many First Nations experience echoed by aboriginal people Several citizens who met with the panel IMPACTS OF COLONIZATION people turn to drugs and alcohol in response throughout Canada; it is such an important spoke about physical or sexual abuse being to poverty and oppression. This can lead to issue that the Truth and Reconciliation a barrier for mothers providing a safe house Huu-ay-aht children traditionally learned their neglect, violence and further economic and Commission issued the following Call to for their children, either leading to removal of language as most kids do, from living with shelter instability. The trauma has transferred Action (#5): children, or preventing children from being family. Similarly, songs, stories and extended inter-generationally and in some cases it has able to return home. Indeed many statistics family life were the norm, with skills and roles been many generations since a family has “5. We call upon the federal, provincial, speak of the prevalence of domestic violence emerging over time, for everyone. What we known a trauma free and safe existence. territorial, and Aboriginal governments to in all communities, with higher instances now call “attachment”25—the deep and trusting develop culturally appropriate parenting in First Nation communities.24 There are connection with one or more adults, naturally “The language. You remember the hurt programs for Aboriginal families.” many reasons First Nation people endure happens when raised with extended family. (slapping motion) at residential school for high rates of addiction, violence, suicide and Multi- family dwellings were the norm in speaking your language. And then your The Panel also heard and saw that there is incarceration. We address some of these in the Huu-ay-aht society before colonization.26 grandmother being disappointed that you strength, health and resilience throughout next section. don’t answer in the language” the Huu-ay-aht community. Importantly, When Europeans came to Canada they - Huu-ay-aht citizen some of this strength comes from the Based on our engagement sessions, it is created a legal, political and economic regime hardship that many Huu-ay-aht people apparent that while on one hand some families that ignored the rights of indigenous peoples. have suffered. There are many Huu-ay-aht have suffered trauma from children being Many tools were used to exclude indigenous MULTI-GENERATIONAL IMPACTS citizens who have come through suffering removed when less intrusive measures may people from the economy. Many view what and trauma who are now clear and strong have been available, on the other hand, there Canada did to indigenous people as genocide Some have pointed out that there are in fact leaders—leaders of themselves, setting may indeed be unsafe homes that are not being or cultural genocide. This racist foundation more kids in care than there were ever in their own direction, and leaders in the readily identified for support or intervention. for the creation of Canada has impacted and residential school. The removal of kids from community, helping and teaching others to
18 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 19 be well. The recommendations in this report This quantifiable systemic bias can be reduce the numbers of children in care are are intended to build upon this internal demonstrated from a starting point at which working better for non-indigenous children Moreover, as the Representative outlined strength that is already hard at work inside provincial child welfare laws began to be than for indigenous children. in his March 30, 2017 report, indigenous Huu-ay-aht. applied to aboriginal peoples. This occurred children who are served by DAAs face the in 1951 when the Indian Act was amended to “Tellingly, the percentage of CYICs compounded problem of receiving fewer “It isn’t what you’ve done in your life, it’s make provincial laws of general application [Children and Youth in Care] who supports than non-indigenous children in what you’ve done to come through it that’s applicable on reserve.27 The systemic bias is are Aboriginal has actually increased care (who are served by the Ministry and not important.” - MCFD Social Worker reflected in the following: significantly. In 2006/07, just over 50 the DAAs) are likely to receive: percent of children and youth in care in (a) BC’s first Superintendent of Neglected B.C. were Aboriginal. For the current “The result is a work environment that SYSTEMIC BIASES TOWARD TAKING Children was appointed in 1919;28 In 1955, 29 year, the percentage of Aboriginal CYICs is often daunting for DAA staff and, INDIGENOUS CHILDREN INTO (less than 1% of total) children in care in BC is more than 61 percent. This despite the even more significantly, a system that GOVERNMENT CARE were indigenous; fact that Aboriginal children and youth provides inequitable supports, services comprise only about nine percent of B.C.’s and protection for vulnerable indigenous In addition to the factors that derive from the (b) Within 9 years of provincial administration, total child and youth population.”34 children in B.C. compared to what their inter-generational impacts of colonialism that number skyrocketed to 1,446 (or 34.2%);29 non-indigenous counterparts are likely to and residential school practice and policy, As Grand Chief Ed John’s report receive.”36 there are also direct and quantifiable systemic (c) Today approximately 60% of the children demonstrates, the existing child welfare factors that create a bias toward, rather than in care in BC are indigenous (approximately system in B.C. is geared toward foster care, The Representative was clear that away from, apprehending children into the 4,400 indigenous children are in care in BC), and against permanency, and in particular, the problem lies with both levels of care of the state rather than supporting their despite the fact that the indigenous child culturally sensitive and appropriate government: families to provide the continuity and care population makes up less than 9% of the total permanency. “Instead of promoting prevention or least children need. child population in B.C.;30 and disruptive measures, federal funding Funding for child and family services rules actually make it more likely that In 1951, amendments to the Indian Act (d) One in five indigenous children in the for Huu-ay-aht is delivered through the indigenous children will be removed meant that provincial child welfare province will be involved with child welfare at NTC from both the provincial and federal from their families, which undoubtedly laws and programs would apply to some point during his or her childhood.31 An governments. Provincial government contributes to the gross over-representation “Indians” but still there was no federal indigenous child is 17 times more likely to be funding is for children who are not of indigenous children in care. According funding to support these new provincial in care than a non-indigenous child in B.C.32 ordinarily resident on reserve, whereas to MCFD’s Service Plan, an indigenous responsibilities. federal funding is for children ordinarily child is nearly 17 times more likely to be in It is also very important to note that while the resident on reserve. care than a non-indigenous child. As one Indian residential schools were being number of children in care overall in B.C. has DAA executive director told Representative closed down in the 1960’s and 70’s but by decreased significantly over the last 10 years In 2016, the Canadian Human Rights for Children and Youth interviewers: then large numbers of Aboriginal children (in “2006/07, there were 9,097 children and Tribunal35 found the federal funding model were being removed from home, not for youth in care in the province, by 2016/17, that (Directive 20-1) to be discriminatory and to “Right now, we’re still being funded based schooling but for placement in foster care number had shrunk to 7,197”), the number of provide financial incentives to bring more on the number of children in care. But if and group homes. The ‘Sixties Scoop’ was Continuing Custody Orders over aboriginal indigenous children into care. In British your ultimate goal is to keep children out the phrase coined by Patrick Johnston in children has not changed much at all Columbia, the decision by the Director or of care, it’s a backwards set up.” his 1983 report for the Canadian Council (“slipping from 4,551 in 2006/07 to 4,403 in delegate to remove a child from her home on Social Development. It referred to 2016/17”) as reported by the Representative and the order to place her in care triggers Funding problems are not limited to the the rapid rate of child apprehensions for Children and Youth in October 2016. 33 federal funding payments—payments federal government, however. Inequitable that increased the number of Aboriginal that are not available to assist the family and inconsistent funding arrangements children in care in BC from 29 in 1955 to Proportionately the number of indigenous in preventing the conditions leading to between the B.C. government and DAAs 1,446 in 1964. [Hughes Review p. 49] children in continuing care is going UP not removal, or often to extended family who have resulted in significant differences in down. So the changes that are being made to seek to assist so as to alleviate the conditions the level and types of support available for leading to the removal decision.
20 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 21 B.C.’s indigenous children, depending on POVERTY, ADDICTION AND VIOLENCE and comprehensive program of support and children are in care, but they were reluctant to where in the province they live and which prevention activities. discuss it openly or to any significant extent. DAA serves them. We heard from Huu-ay-aht staff that the cause In order to carry through on Huu-ay- aht’s Nor does MCFD have a clearly defined and for most Huu-ay-aht children being in care Safe homes are violent free homes. While commitment to keep children safe, healthy transparent method for determining its is most directly traced to addiction issues. neglect due to addiction is viewed as the and connected, the community must ensure funding to individual DAAs. The province Domestic violence is also a cause, but this is main cause for child removal from Huu- that Huu-ay-aht families and homes are safe has no standardized method for accounting also often linked to alcohol and addiction. ay-aht homes, we heard too that domestic homes, and that means violent free homes. for the unique needs of remote and smaller There are also some children in care due to violence is also contributing to unsafe homes. Our recommendations address the important agencies, cost-of-living increases, issues perceived neglect, related to insufficient food in Domestic violence is often between the adults obligation upon Huu-ay-aht leadership to with recruitment and retention of staff or the home and perceived inappropriate clutter. of the home – but Huu-ay-aht members address and denounce violence overtly, how geography affects operational costs in each of the communities in which we and to create a safe space within which the and social worker time required to carry In British Columbia by far the primary reason conducted engagement sessions disclosed community can move freely away out their duties.”37 cited for removal of children into care is either themselves being victims of physical from violence. “neglect.”39 While neglect is undefined in the or sexual abuse, or an immediate family Furthermore, not only are indigenous provincial legislation, it is distinct from the member being a victim of abuse. Domestic children generally receiving less than non- other reasons for removal, such as physical or violence is a province wide issue that indigenous counterparts in the child welfare emotional harm or agreement with parents. overlaps with policing and justice systems – system (children on reserve receive less, but ultimately services treating underlying children under DAA authority receive less), What we heard from Huu-ay-aht, including trauma for both the victim and offender will the need for services to indigenous youth and Huu-ay-aht staff who provide support to be key in overcoming this multi-generational children is recognized to be greater than for citizens, is that perceived “neglect” can arise behaviour as well. non-indigenous youth and children in care from a variety of reasons linked to having no because of the intergenerational effects of financial security. Poverty, including working Huu-ay-aht should add an element of colonial policies such as residential schools.38 poverty, often means there is limited or no domestic violence prevention and treatment capacity to deal with additional stressors as to their programs and services through There have been mandated commitments by they arise—urgent child care, health care, prevention education and facilitating both the federal and provincial governments transportation and food needs. counselling services that address this issue to improve servicing levels for indigenous (primarily services to support men whose youth who are in the child welfare system. We heard from Huu-ay-aht citizens and staff violence is affecting Huu-ay-aht families). The Panel’s recommendations recognize that that they have benefited in real and tangible There are existing programs like Ending while Huua-ay-aht cannot wait for senior ways from programs Huu-ay-aht has offered Violence BC that can be drawn upon for governments to resent their administrative in the past to help alleviate some of the daily Hu-ay-aht program and service delivery, such and policy directions— impacts of poverty. For example, the “fresh as information campaigns and even grants to Huu-ay-aht must set its own course and food box” that Huu-ay-aht provided in the do community led programming. without delay—it will nevertheless be past to citizens who needed it, or assistance important for Huu-ay-aht to position itself with diapers or transportation, were cited as But as an important first step, Huu-ay-aht through consistent dialogue and negotiation real examples of steps the Nation has taken leadership must take a clear and vocal role with provincial and federal governments in the past that have helped in an immediate in addressing violence in the Huu-ay-aht to obtain and direct funding and resources and practical sense. Living at the edge of community. Our observation was that while appropriately within a made in security can mean that anything that goes discussing violence appeared to be a taboo Huu-ay-aht model. wrong can make families more vulnerable subject within the Huu-ay-aht community, to protection or removal proceedings. Our it arose consistently in our engagement recommendations address the need to ensure sessions. People were compelled to discuss such supports are available consistently when it as an important contributing factor to why they are needed—but in the context of a robust families are struggling to stay together and
22 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 23 UNDERSTANDING ROLES OF HOW THINGS LOOK TODAY 05 ATTACHMENT AND TRAUMA 06
Building a road to healing the effects of multi- those wanting to better understand the effect FACTS ON HUU-AY-AHT CHILDREN unable to get the complete list from MCFD. generational trauma will be of fundamental of multi- generational impacts on adults, This is in part because not all children of and central importance to bringing Huu-ay- youth and children today. The Panel was advised by Huu-ay-aht staff Huu-ay-aht decent are registered as aht children “home” and keeping them safe, that in 2010 there were 48 Huu-ay-aht children Huu- ay-aht citizens. healthy, and connected with Huu-ay-aht The Panel’s recommendations seek to in foster care, and at Treaty effective date community and culture. This healing must facilitate healing of Huu-ay-aht adults, (April 1, 2011), there were 42 Huu-ay-aht The last removal of a Huu-ay-aht child was be done family by family and collectively as youth and children with the hope that all children in foster care. January 2017, and before that it had been 2 a Nation. There will be many paths leading generations have the supports they need for years since the last apprehension. toward this road, many of which are the healing and resilience. Appendix A of this As of November 2016: subject of this Panel’s recommendations to report also sets out additional resources, (a) There are 220 Huu-ay-aht children “Huu-ay-aht has been explicit with staff, Huu-ay-aht. models and services for general Huu-ay- (under 17). and they have really taken charge when aht health and wellness, and in particular they see a family in danger. Looking for (b) Huu-ay-aht is currently working with 84 Our recommendations are built upon the for addressing multi-generational effects of signs. In last couple of years, there have information and ideas we heard from Huu- attachment, trauma, violence and additions children’s families providing varying supports. been countless times we have intervened ay- aht youth, parents, elders and leaders, that may be drawn on, or blended with, (c) There are 34 children in care. before apprehension. If it is predictable it and from those who care for and support our recommendations that are focused on (d) 9 of these children are in the care of family. is preventable.” Huu-ay-aht citizen/staff Huu-ay-aht people about what will help children and youth. The measures outlined (e) 25 children are in external foster care. Huu-ay-aht people move safely forward in the appendix are provided as further Huu-ay-aht receives notice when child toward healing, but they are also based upon resources for healing multi-generational protection matters involving children who It was emphasized to us by Huu-ay-aht staff the published literature which explains key trauma for both Huu-ay-aht government and are Huu-ay-aht citizens are going to Court, that the concept of a current “list” of Huu-ay- factors at play in the Huu-ay-aht community: Huu-ay-aht people and service providers. however this notice: aht children in care oversimplifies the matter, attachment, trauma, post-traumatic stress, (a) Does not come for all Huu-ay-aht as the current situation is continually in flux, social determinants of health and the multi- children especially around families that are at the generational impacts of each of these. (b) Does not come early enough investigation stage of a proceeding or under a (c) Despite the notice, Huu-ay-aht has had temporary care order. Even some continuing Appendix A of this Report sets out brief difficulty formally entering appearances custody orders have been rescinded in recent descriptions of attachment, trauma, post- in Court proceedings relating to Huu- years for Huu-ay-aht children. Another traumatic stress, social determinants of health ay-aht children, and has had difficulty factor is that Huu-ay-aht does not have the and the multi-generational impacts of each of tracking Court proceedings, including complete list from MCFD. They have recently these, as they are important to understanding adjournments. This has been inefficient been advised that they have the right to the where the paths to the road to recovery lie. and not entirely effective in terms of complete list (following the work of Special This Appendix is a summary resource for advocating for Huu-ay-aht children. Advisor Grand Chief Ed John), but have been
24 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 25 care in Anacla during the summer season). (f) Youth Administrator “Paawats: Paawats means “nest” in Nuu- HUU-AY-AHT COMMUNITY We also heard that these services are not (g) Early Childhood Education workers chah-nulth. The intent of this program is used by Huu-ay-aht citizens as much as they (1 in Anacla, 2 in Port Alberni) to provide a nurturing environment that SERVICES might be. From citizens we heard that there (h) Education Assistant (Bamfield enables Elders and parents to engage with are a few barriers, including: Community School) children in developmentally appropriate A major factor in the delivery of any services ways and facilitate the process of language, to Huu-ay-aht community members is (a) the need for consistent and safe The Child and Family Liaison Worker: culture and traditional knowledge transfer. geography. Looking only at the region where transport from the village (on the flats by (a) Goes to court with families—not as The program targets children aged birth to the greatest concentration of Huu-ay-aht the Pacheena River) up to the Government an advocate, but as a support, and asks 5 years old. HFN has two locations for this live— Port Alberni and Pacheena Bay (the Building (on the hill above the river, a road questions. Feels that court would listen program, the first being the language nest Village of Anacla)—there is a significant distance of approximately 2 km); more to a social worker or legal advocate. in Anacla and the second ...in Port Alberni. challenge to service delivery in Anacla that (b) Works on prevention—holds family Both programs are licensed facilities can does not exist for Port Alberni. Looking (b) that some community members may not groups, brings in different speakers offer child care...[directs contact to the ECE beyond this, it must be recognized that Huu- feel comfortable with one or more of the (e.g. occupational therapist, legal aid workers for more information]. ay-aht people and families live in several councilors or support workers that serve information) different parts of British Columbia (and even the community, but that there is no choice (c) Organizes monthly Culture Nights for Child and Family Services Program: HFN some beyond). We focus on Port Alberni between workers the way there would be in kids in care (held in Port Alberni only). child and family services program’s goal is and Pacheena/Anacla, as these are the focal a more populated service center. (This is a barrier—would be good to to support families. Some important ways points of Huu-ay-aht community and culture. expand to other areas) we can help include healthy parenting, However it should not be thought that In Port Alberni there are more services (d) Coordinates with foster parents child development education, child we have not considered the serious issues available to Huu-ay-aht citizens, and as far protection support and advocacy, and raised by Huu-ay-aht people in Campbell as we understand, they use them, sometimes Based on our observations and discussions cultural connections. The coordinator River, Salmon Arm, Nanaimo, Victoria and with the assistance or liaison support with Huu-ay-aht families, the Child and provides support, advocacy and education Vancouver. Our recommendations are aimed provided by the Community Services Family Liaison Worker is very responsive, and to all HFN parents and families regardless at improving supports for those Huu-ay-aht Department. (We set out elsewhere the provides important, flexible and thoughtful of where they live. The coordinator youth and families as well. recommendations regarding additional support to families. However, she also said facilitates culture nights for children in care services needed). that she spends a lot of time “putting out and family nights. The coordinator can also Huu-ay-aht has two government offices: fires”, and does not get the time to pursue the provide supervised visits... one in Pacheena, and one in Port Alberni. We were advised that in 2010 focused prevention and support work that [directs contact to the Child and Family Employees, Councilors and Ha’wiih attend Huu-ay-aht appointed its first Director of benefits families well in advance of coming Liaison for assistance]. both offices, but the Port Alberni office has Human Services which position is now into contact with the child-protection system, more employees. The travel between the the Director of Community Services. The and reduces any need for protection or Education, Trades and Career program: two offices is by logging road, the drive takes Community Services Department now removal work. HFN Education provides supports to Huu- about 1.5-2 hours when the road is in good includes the following portfolios: health, ay- aht learners of all ages. We provided repair, which it often is not. social development, early childhood The Child and Family Liaison worker reports an annual school supply allowance (K- education, communications and culture and that she is not closing files on 12), attendance recognition awards (K-12), We were advised that nurses, councilors has a staff of 14 under the Director, including Huu-ay-aht families, but has been opening honour roll awards (K-12), and specialized and support workers make the trip out to the following positions: approximately one new file a month. However, learning assistance equipment support. Anacla once a week to provide services this includes files that involve pure support Our Education department also facilitates and support to Huu-ay-aht citizens living (a) Social Services and Cultural Manager and prevention work, rather than work related our Post-Secondary and Trades education out there (approx. 80 people in the winter, (b) Community Health and Social Services to protection or court proceedings. programs which includes Adult Basic Ed, including approximately 20 children and Administrator certificates, diplomas and degrees, trades approximately 120 people in the summer, (c) Child and Family Liaison The Director provided us the following and occupational training. We can assist adding approximately 6 children who join (d) Youth and Cultural Administrator overview of programs and services provided with career and educational planning. the Huu-ay-aht Paawats (meaning “nest”) day (e) Cultural Program Administrator by Huu-ay-aht: We also fund various courses such as
26 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 27 home alone, babysitting, WHMIS, and The coordinator facilitates monthly been noticeably missed by Huu-ay-aht would be instrumental in bringing this First Aid. We can also assist with costs of women’s wellness groups. Citizens can also people since it was cancelled. Diaper and initiative forward to Huu-ay-aht government, tutoring. HFN employs a youth worker access language resources. In the summer, school supply allowances are also services based upon thorough engagement with at the Bamfield Community School as we offer a youth culture camp...[Directs that Huu-ay-aht does or has provided that Huu-ay-aht citizens. well as providing school bus services... to Youth and Cultural Administrator or were of tremendous value to families who [Directs to Education, Trades and Training Cultural Program Administrator]. needed them. Coordinator or Secondary and Post- Secondary Education Administrator for Youth Program: The Youth 112. Huu-ay-aht is noted as being the first more information]. Administrator facilitates a variety of Nation among the Nuu-chah-nulth to put in programs. We offer summer camps, place Cultural Plans for children in care, Community Health & Social Development: Tluu-piich games coaching and support, and now Usma uses the Huu-ay-aht Cultural This program promotes holistic health and afterschool programming in Anacla, Plans as a model for other Nations. wellness for citizens through education, and field trips including the Gathering events and support. Citizens can learn Our Voices conference. The coordinator Between 2011 and 2017 Huu-ay-aht dedicated how to access medical and dental care, get provides cultural support to our children’s between roughly $1 and $2.6 million to assistance with costs of prescriptions not programs (Paawats and Bamfield Human and Community Services annually, covered by First Nations Health Benefits Community School). The coordinator or between 12% and 25% of its total General (“FNHA”), and Medical Patient Travel also facilitates a monthly men’s wellness 40 Operating Budget, with the most funds for appointments, tests or treatment. evening...[Directs to Youth Administrator]. dedicated to community services in 2016 and Our coordinator can help citizens 2017. However, funding specifically for Children access external resources and programs Communications: The communications and Family Services is only a portion of that, (counsellors, D & A treatment centres, team provides support for all aspects of ranging from just under $15,000 in 2013 to First Nations Health Authority, etc.). Other the government. They ensure information a high of just under $210,000 in 2017 (note: programs include a crisis grant program is posted on the website and social media this was significantly higher than funding for citizens experiencing unforeseen outlets in a timely manner. They facilitate from 2014 to 2016, which ranged from roughly hardships and a funeral expense support all the Community Engagement Sessions. $54,000 to $63,000). As a result, funding for program. In Anacla, citizens can access They distribute Uyaqhmis 5 times per Children and Family Services has been less social assistance and supports for finding year. The communications team is often than 1% of HFN’s General Operating Budget employment. The coordinator facilitates a instrumental in event planning and from 2013 to 2016, and was just over 2% of the community nursing (NTC), mental health coverage for photos, stories and invitations. total budget in 2017.41 professionals and home care support in They ensure all HFN department’s Anacla...[Directs to Community Health communications needs are met...[Directs to The Panel’s recommendations reflect the need and Social Services Administrator for Communications Coordinator].” for significantly more funding for Children more information]. and Family Services. Additionally we understand that Cultural Program: HFN facilitates Huu-ay-aht has Crisis Grants available Self-governance has provided economic various events throughout the year to citizens, whereby citizens can apply to opportunities that will now enable Huu-ay- including Huu- ay-aht History Night at Huu-ay-aht when they have exhausted other aht to address the multi-generational issues Port Alberni Friendship Centre Mondays avenues, and require financial assistance. that impact Huu-ay-aht children and families. 6 – 8 PM. The cultural coordinator This is limited to $2,000 per year per citizen. The Panel recommends that Huu-ay-aht be a provides cultural support and helps with leader in this area, and establish a legislative protocols, ceremonies, and seeks answers We were advised that Huu-ay-aht used to commitment to dedicated long term to questions about cultural knowledge. provide Fresh Food Boxes to Huu-ay-aht funding for Wraparound Lifecycle Support to Through the cultural department, citizens families wherever they needed them— improve outcomes for youth and families. The have access to Nananiiqsu and Ha’wiih. including in Vancouver. This program has Implementation and Oversight Committee
28 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 29 has Treaty rights protected under the Child’s Best Interests Constitution Act, 1982. The effective date The Treaty expressly states that all relevant of the Treaty—the date the rights provided factors must be considered in determining under it came into effect—is April 1, 2011. a Child’s best interests, including but not LEGAL STRUCTURE: CHILDREN 122. The Treaty provides that Huu-ay-aht limited to: 07 AND FAMILY SERVICES First Nations has a right to self-government, (a) the child’s safety; and the authority to make laws, as set out (b) the child’s physical and emotional needs in the Treaty (s. 13.1). Huu-ay-aht has law and level of development; making authority over the following areas (c) the importance of continuity in the relating to Huu-ay-aht children: child’s care; (a) Child Protection (s. 13.16) (d) the importance to the child’s (b) Adoption (s. 13.15) development of having a positive relationship with a parent and a secure need for equilibrium and stability is a central A TIME OF CHANGE Huu-ay-aht also has law making power over place as a member of a family; theme of this report.” Child Custody (s. 13.17), and Child Care (e) the quality of the relationship the child This report is being written at a time (s. 13.18), although the extent of the power has with a parent or other individual and Therefore, this report and the of change in the delivery of services to is more limited than it is for Adoption and the effect of maintaining that relationship; recommendations that follow seek to Nuu-chah- nulth children. At all levels of Child Protection. Additionally, (f) the child’s cultural, racial, linguistic and capture the benefits and momentum of government there is the recognition that Huu-ay-aht has law-making authority over religious heritage; the changes to come, but also puts forward funding and service delivery—as they Social Development (s. 13. 23) and Education (g) the child’s views; recommendations that Huu-ay-aht can have been done—have failed children and (Language and Culture (s. 13.19), K-12 (s. 13.20) (h) the effect on the child if there is delay in implement immediately for Huu-ay-aht families: in 2016 the Canadian Human Rights and Post-Secondary Education (s. 13.21). making a decision. children and families in order to create a Tribunal has found the federal government’s (i) If the child is an aboriginal child, the stable and reliable climate that is child and funding model for services on reserve to be Each of Huu-ay-aht’s law making authorities importance of preserving the child’s 42 family focused, and uses the strength of the discriminatory; the provincial government in the areas listed above is subject to specific cultural identity must be considered in Nation and the community to buffer budgeted substantial increases to the Ministry requirements under the Treaty. determining the child’s best interests. of Children and Family Development in the Huu-ay-aht children and families from external interference, and build positions of 2017 Budget after years of cutting funding It is important to recognize that: These factors must be considered in any support and strength around them. to the Ministry and several severely critical (a) Independent of the Treaty, provincial and action taken under Chapter 13 of the Treaty. reports from the Representative for Children federal legislation and policy are in place; They must also currently be considered in any and Youth about the impacts of underfunding HUU-AY-AHT LAW MAKING (b) The Treaty adds certain obligations action taken outside the Treaty context under front-line services for children and families; AUTHORITY UNDER TREATY upon the parties without any further action current legislation: Adoption Act, s. 3 and the and the Nuu-chah-nulth Usma agency has being taken (i.e. no new laws have to be Child, Family and Community Services Act taken new direction under new leadership Treaty passed); and (“CFCSA”), s. 4.43 within the last two years. As one of the core questions we heard from (c) The Treaty provides for law making Huu-ay-aht people was the question of authority to Huu-ay-aht over certain Child Protection At the same time, the changes that might be whether Huu-ay-aht should “draw down” subject matter, such that if Huu-ay-aht We were advised by the Director of expected at each of these levels of government child protection and welfare jurisdiction, we chooses to exercise that law making Community Services that approximately will not come fast enough for Huu-ay-aht start by setting out the authority Huu-ay-aht authority it may add to or replace existing 20 Huu-ay- aht youth live on Huu-ay-aht children and families today. has under Treaty to make its own laws around provincial or federal law, depending on the Lands in the village of Anacla in winter matters relating to children and families. particular subject matter and law. Huu- and about 26-30 in summer, and 75 live Moreover, as the Honourable Ted Hughes ay-aht law does not necessarily replace in Port Alberni. Huu-ay-aht children also reported in his Review of the child welfare Under the Maa-Nulth Treaty, made between existing law. The details of this will be live in Nanaimo, Victoria, Campbell River, system in 2006, change in itself has a 5 First Nations and the governments of explained as relevant below. Vancouver and elsewhere. significant impact. He concluded then: “The Canada and British Columbia, Huu-ay-aht
30 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 31 Under the Treaty, Huu-ay-aht may make laws considerations; and unable to act in a timely manner, to ensure determined under Provincial Law in respect of Child Protection Services for d. Not preclude the reporting, under the child’s safety or well-being (s. 13.16.5).47 that it is in the best interests of Huu-ay-aht Families44 on Huu-ay-aht Lands (s. Provincial Law, of a Child in Need of the child to withhold consent (s. 13.16.2). This means that Huu-ay-aht does not Protection46 (s. 13.16.3). Therefore, Huu-ay-aht’s law making authority 13.15.8.d).50 have law making power over child protection with respect to Child Protection under the off of Huu-ay-aht Treaty Lands. Therefore, If Huu-ay-aht does make laws for Child Treaty is: Huu-ay-aht laws made under this section Huu- ay-aht does not without further Protection Services it must: (a) Geographically limited, and prevail in event of a conflict with Federal or negotiation with the provincial government, (a) develop operational and practice (b) Constrained in several respects Provincial Law (s. 13.15.9).51 However, the law have the power to make laws over child standards intended to ensure the Safety by existing provincial legislation and making power is subject to the following protection in Port Alberni, which is where the and Well-Being of Children and safety standards. requirements: majority of Huu-ay-aht children live. and well-being of Maa-nulth First Nation (a) Must expressly provide that the best Families; Adoption interests of the Child are paramount At the request of either Huu-ay-aht or BC, (b) deliver the Child Protection Service Huu-ay-aht’s law making power with respect consideration in deciding whether an the parties to the Treaty will negotiate and in accordance with the service delivery to adoption is not geographically limited in adoption will take place; and attempt to reach agreement in respect of Child principles set out in section 3 of the CFCSA; the same way as the child protection power is. (b) Provide for the consent of individuals Protection Services for: (c) participate in British Columbia’s Subject to the limitations set out below, whose consent is required under Provincial a. Huu-ay-aht Children who reside in BC information management systems, or Huu-ay- aht can make laws about the law (subject to Court’s power to dispense on or off Huu-ay-aht Lands, or establish an information management adoption in B.C. of: with consent)52 (s. 13.15.4) b. Non- Huu-ay-aht Children who reside on system that is compatible with British (a) Huu-ay-aht children; and (c) Huu-ay-aht must develop operational Huu-ay-aht Lands (s. 13.16.8) Columbia’s information systems, (b) Children who reside on Huu-ay-aht and practice standards to promote the best concerning Children in Need of Protection Lands to be adopted by an Huu-ay-aht interests of the child; and “Child Protection Service” has a detailed and Children in Care; Citizen (s.13.15.3).48 (d) Provide B.C. and Canada with a record definition that should be read in full: (d) allow for sharing of information of all adoptions occurring under Huu-ay- “Child Protection Service” means a service concerning Children in Need of Protection Adoption laws made by Huu-ay-aht can be aht law (s. 13.15.5)53 that provides for the protection of children, and Children in Care with British made to apply to Huu-ay-aht Children on where the primary objective is the safety and Columbia; and Huu-ay-aht Lands in all instances, but will Current provisions and requirements well-being of children, having due regard for: (e) establish and maintain a system for only apply to Huu-ay-aht Children OFF It is also important to recognize that a. the protection from abuse, neglect, and the management, storage and disposal of Huu-ay-aht Lands and Non- Huu-ay-aht current legal provisions and requirements harm or threat of abuse, neglect, or harm, Child Protection Services records and the Children ON Huu-ay-aht Lands if the child are applicable, even if Huu-ay-aht does and any need for intervention; safeguarding of personal Child Protection has not been placed for adoption under the not expressly make laws relating to child b. guardianship responsibilities for Services information (s. 13.16.4). Adoption Act, AND EITHER protection and adoption under Treaty. Children in Care;45 (a) A court dispenses with the need for c. the support of families and caregivers to While Huu-ay-aht law passed under s. 13.16.2 consent (in accordance with s. 13.15. 7.c) OR The Director has express obligations under provide a safe environment and prevent prevails to the extent of a Conflict with (b) Each of the following people consents the Treaty to Huu-ay-aht if the Director abuse, neglect, and harm or threat of Federal or Provincial Law (s. 13.16.6), it is also to the application of Huu-ay-aht law to the becomes the guardian of an Huu-ay-aht abuse, neglect or harm; and very important to note that notwithstanding adoption: child under the CFCSA: d. the support of kinship ties and a child’s any Huu-ay-aht law made under s. 13.16.2, if (i) Each of the parents, a. Provide notice to Huu-ay-aht that the attachment to the extended family. there is an emergency in which an Huu-ay- (ii) The child, if the child has reached Director has become the guardian of an aht Child on Huu-ay-aht Lands is in need of an age where consent to adoption is Huu-ay- aht child; An Huu-ay-aht Law passed under protection (as determined by the Director), BC required under the Adoption Act, (12 b. Provide notice to Huu-ay-aht when s. 13.16.2 must: may act in accordance with Provincial Law, to years old) the Director is applying for a continuing c. Expressly provide that the Huu- protect the Huu-ay-aht Child where: (iii) The guardian of the child (which custody order; ay-aht law will be interpreted and (a) BC made reasonable efforts to notify may be a Director)49 c. Provide Huu-ay-aht a copy of the administered such that the Safety and Huu-ay-aht; and (If the guardian is a Director, the CCO once the order is made and make Well-Being of Children are the paramount (b) Huu-ay-aht has not taken action, or is Director must consent unless it is reasonable efforts to involve Huu-ay-aht
32 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 33 in the planning for the child; adoption under the Adoption Act. agency and the level of delegation provided by views, according to their abilities, about d. Provide the consent to the application the Director. significant decisions affecting them; of Huu-ay-aht adoption law as described CURRENT LAW, POLICY AND (d) to reasonable privacy and to above (s. 13.15.4) ADMINISTRATION OVER CHILD The CFCSA sets out the following principles: possession of their personal belongings; e. Where a Director becomes a guardian PROTECTION (e) to be free from corporal punishment; of an Huu-ay-aht Child, the Director will Provincial Legislative Principles and Rights (f) to be informed of the standard of make reasonable efforts to include Huu-ay- Overview behaviour expected by their caregivers and aht in the planning for that child, including While the federal government has primary Guiding principles of the consequences of not meeting their adoption planning (s. 13.16.9). constitutional jurisdiction (as between the caregivers’ expectations; f. Before placing an Huu-ay-aht child for federal and provincial governments, leaving s. 2 This Act must be interpreted and (g) to receive medical and dental care when adoption, an adoption agency must make aside for the moment the important issue administered so that the safety and well- required; reasonable efforts to discuss the child’s of inherent and constitutionally protected being of children are the paramount (h) to participate in social and recreational placement with a designated representative aboriginal rights to self-government over child considerations and in accordance with the activities if available and appropriate and of Huu-ay-aht.54 However, this obligation and family services), the federal government following principles: according to their abilities and interests; does not apply if the child is of age of has never taken up this jurisdiction, leaving (a) children are entitled to be protected (i) to receive the religious instruction and to consent under the Adoption Act, and it to the provinces. The federal government from abuse, neglect and harm or threat of participate in the religious activities of their objects to this discussion (s. 13.15.7 and .8). provides limited funding for aboriginal child harm; choice; and family services, as set out below. (b) a family is the preferred environment (j) to receive guidance and encouragement The Panel’s recommendations would go “In its early days, the province’s child for the care and upbringing of children to maintain their cultural heritage; further, and would have Huu-ay-aht notified welfare system had little involvement and the responsibility for the protection of (k) to be provided with an interpreter well in advance of the point at which with Aboriginal families. This was partly children rests primarily with the parents; if language or disability is a barrier to guardianship would transfer (including due to the peculiarities of Canada’s (c) if, with available support services, a consulting with them on decisions affecting to the Director) and would put in place constitutional framework: while the family can provide a safe and nurturing their custody or care; planning structures that are more robust than federal government is responsible for environment for a child, support services (l) to privacy during discussions with the Director making “reasonable efforts” to status Indians on reserve lands (where should be provided; members of their families, subject to include Huu-ay-aht in planning for the child. most Aboriginal people then lived), child (d) the child’s views should be taken into subsection (2); welfare is a provincial responsibility. For account when decisions relating to a child (m) to privacy during discussions with We also recommend that Huu-ay-aht use a long time this split jurisdiction and are made; a lawyer, the representative or a person its law making power to place culturally disagreements over who would pay meant (e) kinship ties and a child’s attachment to employed or retained by the representative appropriate requirements around adoption. that neither level of government was the extended family should be preserved under the Representative for Children and Huu-ay-aht laws would complement existing prepared to provide child welfare services if possible; Youth Act, the Ombudsperson, a member statutory55 and common law recognition56 of to Indians living on or off reserve.”57 (f) the cultural identity of aboriginal of the Legislative Assembly or a member of custom adoptions where the following criteria children should be preserved; Parliament; are met: In British Columbia the responsibility for (g) decisions relating to children should be (n) to be informed about and to be assisted (a) the consent of natural and adopting the delivery of front-line child protection made and implemented in a timely manner. in contacting the representative under the parents; services belongs to the Ministry of Child and Representative for Children and Youth Act, (b) the child being voluntarily placed with Family Development and to the DAAs. The The CFCSA also sets out the following rights or the Ombudsperson; the adopting parents; DAAs operate through delegation agreements of children and youth: s. 70 (1) Children in (o) to be informed of their rights, and (c) the adopting parents are aboriginal or with the Provincial Director of Child Welfare care have the following rights: the procedures available for enforcing entitled to rely on aboriginal custom; who gives authority to the DAAs and their (a) to be fed, clothed and nurtured their rights... (d) the rationale for aboriginal custom is employees to undertake administration of according to community standards and to present; and all or parts of the CFCS Act. The amount of be given the same quality of care as other Stages of Child Protection (e) the relationship created by custom must responsibility assumed by each agency is the children in the placement; Under the existing legislation these are the be understood to create fundamentally the result of negotiations between the ministry (b) to be informed about their plans of care; stages to child protection in same relationship as that resulting from an and the aboriginal community served by the (c) to be consulted and to express their British Columbia:
34 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 35 (a) Voluntary Agreements: These occur aboriginal community to identify investigate the need to protect a child. If the child, or because the evidence is that when a child or parent enters into a alternative caregivers within the Director finds that the child is in danger it it is not in the child’s best interest to voluntary agreement with the Director child’s family or community who can has broad powers to remove the child from be returned to the parent.69 of Child Protection. These can include help provide care. the home (if there are no less disruptive agreements that provide for support of means available) or apply for a supervision (d) Plan of Care: These plans must children or parents and/or provide for (iv) Extended Family Program order. Notice to aboriginal organizations is be presented to the court when the temporary care of a child. (Formerly Kith and Kin Agreements) not required at the assessment stage. Director seeks a temporary custody allow the Director to enter into (c) Protection Hearing: Protection hearings order or a CCO. The plan must address (i) Support Services Agreements agreements with a person who occur if the Director determines that the an aboriginal child’s cultural identity in allow the Director to provide or has (a) a “relationship with a child child must be removed from the home. At determining their best interests,70 amongst purchase services for up to 6 months or has a cultural or traditional the hearing the Court decides if a child is in a number of other matters, including the (though the term is renewable).58 responsibility toward a child and need of protection. The hearing is designed services to be provided to the child, the Services can include counseling, (b) is given care of the child by the to ensure that a child is not arbitrarily parents’ involvement in the development home support, respite care, child’s parent.”62 These agreements taken into care, and that there is evidence of the plan and the schedule for review of parenting programs and support allow children to remain within, the protection is needed. Sometimes the plan. for children who have witnessed and connected to, their family. One children are return to their families, but in domestic violence. The Director challenge with this program is the other cases the Court will make an order (e) After a CCO has been Granted: There can also work with aboriginal Director’s broad discretion to provide confirming care is required, for example are a number of options available for communities to provide preventative funding to support the child’s care, if there is evidence or a likelihood that the providing access to children by their and support services.59 which often results in extended child will be physically harmed or sexually family or community, or even returning family members or community exploited, a parent is unable to protect the the child back to their extended family or (ii) Voluntary Care Agreements can members receiving no, or reduced, child or conditions of neglect, deprivation, community: occur when a parent is temporarily financial support for their services. or emotional harm exist.66 The court may (i) Access to a child can be applied unable to look after a child.60 make the following orders: for by a parent or any other person, The agreements require a plan of (v) Agreements with Youth or Young including a child’s grandparents care and may allow an aboriginal Adults can occur with youth and (i) Temporary Custody Orders and extended family members.71 community to identify alternative young adults who cannot be re- place the child in the custody of Access will be granted if it is in the caregivers within the child’s family established with their families or the Director or another person for best interests of the child, consistent or community. Before making do not have parents who can assist between three and 12 months.67 with the plan of care and consistent a voluntary care agreement the to provide residential, financial or These temporary supervision orders with the wishes of the child (if they Director must consider whether educational support.63 Generally can also keep the child with their are 12 or older). Granting access to there is a “less disruptive way of these agreements end at age 19, parents under the supervision of the a child’s parents is “the exception, assisting the parent look after the but they can provide youth with Director. This provides parents or rather than the norm, although in child”, including providing services educational/vocational training or a caregivers an opportunity to address recent years such access is becoming in a child’s home. rehabilitative program until age 24. 64 protection concerns and potentially more common.”72 Access provisions regain custody. provide an opportunity for aboriginal (iii) Special Needs Agreements allow (b) Report, Assessment and Investigation: communities to work with parents, parents to delegate to the Director Once the Director receives a report that (ii) Continuing Custody Orders extended family or community “as much of the parent’s authority a child may be in danger the situation (“CCO”) can be made at the members to apply for access to as ... required”, to provide services is assessed and the Director decides if parents’ written consent or if the children currently under CCOs. to the child for a term of 6 months, investigation is required.65 A preliminary court determines the child needs renewable for 12 month terms.61 assessment occurs, after which the protection.68 CCOs place the child (ii) Custom Adoption, Adoption These agreements allow parents to Director may offer support services to in the custody of the Director if the or Alternatives to Permanency are seek help caring for children with the child or family, propose agreements, parent cannot be found, is unable or available once a CCO has been special needs and can also allow an refer the family to a community agency or unwilling to resume custody of the granted as children are eligible
36 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 37 for adoption. One challenge with the proceedings.77 However, we learned community and heritage amongst other supports to enable parenting even when adoption is that is only available that Nations, including Huu-ay-aht, things.83 Aboriginal communities could parents cannot safely parent on their where the Director has placed a have difficulty in practice—without intervene to ensure children maintain own; and parenting solutions that reflect child for adoption.73 Parties can also legal representation— entering formal their aboriginal identity and cultural aboriginal ways of caring by a community apply for a court recognition that appearances or obtaining party status. connections. rather than nuclear family.85 an aboriginal custom adoption has occurred, and if a transfer of custody (b) Judicial Notice of the Long Term (d) Exploring Permanency Alternatives: The provincial legislative framework also occurs under the legislation a Impacts on Aboriginal Child Raised in For children in care, long term stability provides for appeal of a decision by the custom adoption can follow, and the Care: In assessing a child’s best interests does not necessarily result from Provincial Court within 30 days to the BC adopting family may still be eligible courts can consider (without formal attachments to foster or adoptive Supreme Court, and BC Court of Appeal, for financial assistance.74 evidence) the interest of maintaining and parents. Instead it can come from with leave.86 fostering the connections of aboriginal building and maintaining lifelong (iii) Cancelling a CCO is possible, children to their cultural and heritage over connections to aboriginal culture, Families may also access the Office of the through application to the Court, their lifetime. The BC Court of Appeal has community and extended family.84 Representative for Children and Youth, “if circumstances that caused recognized “the considerable history of Under existing legislation, decisions whose mandate includes advocating for the court to make the order have unsuccessful outcomes” when aboriginal often sever aboriginal children from children and investigating services provided changed significantly” by parents children are placed into non-aboriginal their communities with the objective of to children. and aboriginal communities where families.78 Children in care are less likely achieving permanency with adoptive the community appeared at the to graduate, and more likely to end up in or foster parents, placing short term Ministry of Child and Family Development continuing custody hearing.75 prison, to have their own children taken safety ahead of longer term benefits. A MCFD has responsibility for providing into care, or to experience unemployment, more balanced approach to ensure both services to children and families who are not Within the existing legislative framework, substance abuse or suicide.79 Courts attachment and cultural connection for served by a DAA such as Usma. Therefore there are important opportunities and may consider the long term impacts of aboriginal children over their lifetimes MCFD does not serve children and families requirements for aboriginal community raising an aboriginal child in care, and in is needed. Unfortunately, failing to in Anacla or Port Alberni, as both of these involvement: particular the effect of removing a child address these issues early on can mean areas are served by Usma, as set out below. (a) Notice and Aboriginal Community from its community.80 The best practice is courts are faced with either/or scenarios. MCFD does serve Huu-ay-aht children in, for Involvement: When an aboriginal child for courts to take judicial notice of these The exploration of permanency example, Parksville and Nanaimo. becomes involved in child welfare significant impacts,81 this is more feasible alternatives needs to occur early on proceedings the Director is required to and likely when aboriginal communities in the decision making process, and In October 2015, the Representative for give aboriginal communities notice. As a are parties to child protection proceedings. provides an important role for aboriginal Children and Youth published The Thin first step, the Director must provide the communities who are parties to child Front Line, documenting the significant child’s aboriginal community with at least (c) Proposing an Aboriginal Cultural protection proceedings. negative effects of underfunding of MCFD 10 days’ notice of the protection hearing. If Preservation Plan: The consideration of social workers: the aboriginal community appears at the a child’s aboriginal identity or cultural (e) Ensuring both Attachments and “Most worryingly, social workers told the hearing they should be granted party status heritage is often treated as a procedural Cultural Continuity. Providing aboriginal Representative’s staff that chronically and receive notice of subsequent hearings.76 hoop in child protection proceedings,82 children with permanency while heavy workloads, combined with onerous Party status means the community can however Aboriginal communities can maintaining aboriginal identity, culture responsibilities for paperwork, have participate in court proceedings, receive identify and present an Aboriginal and community connections is critical. undermined their ability to build the information about child protection Cultural Preservation Plan to the court. Options for achieving both include: kinds of relationships with children and concerns, speak in Court, call witnesses These plans could identify cultural customary adoption; extended family families that would help resolve safety and participate in case conferences and factors that need to be included in a care and guardianship situations where concerns. These findings were consistent alternative dispute resolution processes. child’s plan of care, identify cultural family members have an ongoing set of across all interviews and in both rural and This allows the aboriginal community supports or programs to assist the family, obligations to the adoptive family rather urban locations, suggesting that a systemic to advocate for the child’s aboriginal implement community supports to than requiring complete severance of problem exists with staffing shortages, identity and cultural heritage throughout maintain connection with their aboriginal parent rights; broader and more extensive recruitment and retention.
38 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 39 ... MCFD is mandated to focus on strategic levels were leading to unmanageable governments. This gave authority to Usma, Every worker interviewed by the priorities and key actions aimed at improving workloads and, ultimately, to an increasing as the delegated agency, to provide child Representative for Children and Youth services to children, youth and families and failure to meet important child welfare protection, family support, guardianship and said that most of the time they were to continuously improve social programs standards that are required by law. This resource services to Nuu-chah-nulth families unable to meet MCFD requirements to ensure children and families have the report in itself described significant living on reserve. In 2011 the delegation was to assess, investigate and decide on the opportunity to succeed. However, as reported problems. However, it did not cover the extended to encompass Nuu-chah-nulth most appropriate course of action within by the Representative for Children and situation of Aboriginal Delegated Agencies, families living in Port Alberni. 30 days of receiving a report of a child Youth, significant underfunding has posed a which themselves deliver child and youth safety concern.” challenge to this mandate. services to 42% of all indigenous children in The agency was granted voluntary service care in B.C. delegation (C3) in 1987 and obtained Child The Thin Front Line reveals a dramatic The Province’s 2017 budget significantly Protection Delegation in (C6) 1989. Usma mismatch between expectations placed increased funding for the MFCD. The Representative issued a subsequent was the first aboriginal delegated agency in on child protection social workers and the report in March 2017, entitled Delegated British Columbia to obtain Child Protection number of staff province-wide available MFCD’s first goal for 2017-2018 is to reduce Aboriginal Agencies: How resourcing affects delegation. The 14 communities that Usma to do the work. Despite the demands and the number of children and youth in care service delivery. Of the approximately 4,400 serves have a combined population of over complexity of the job increasing in recent “and particularly the over-representation of indigenous children in care in BC, 1,900 are 9,000 people. years, there are fewer front- line child Aboriginal children and youth in the child served by DAAs. The conclusions of the protection workers in B.C. in 2015 than there welfare system”.87 One of the strategies for Representative are reproduced here: Usma Communication: It should be noted that were in 2002. As a result, the timelines set achieving this was to “provide resource and What we found: the Panel tried many times to get the current out in child protection standards routinely go direct supports to families and communities • The federal funding models for DAAs are delegation agreement between the Director unmet and children and youth are too often to ensure that children and youth have every flawed and discriminatory, leading to more and Usma, both from Usma and MCFD, but left in unsafe situations while social workers opportunity to safely remain at home with children ending up in care. was not provided the agreement. Nor could are increasingly disillusioned and burned their families”.88 • The uncertain status of provincial Huu-ay-aht obtain the agreement. We were out. These challenges are further exacerbated planning for indigenous child welfare, also advised that while the Huu-ay-aht family by the lack of funding and resources for this Promising Practices, an initiative of the First combined with inequitable and liaison worker has a responsive relationship critical front line. Nations Children and Families Tripartite inconsistent funding to DAAs, with some Usma social workers, some Working Group (consisting of the First has resulted in differences in support for Huu-ay-aht members have had a difficult time In March 2017 the Representative’s report Nations Leadership Council, Indigenous and children depending on where they live. getting responses from Usma on time sensitive on Delegated Aboriginal Agencies: How Northern Affairs Canada and the Province of • Lack of trust and communication among matters. The Panel notes that it is essential resourcing affects service delivery again B.C.), aims to get First Nations, DAAs, MCFD DAAs, MCFD and INAC adversely affects that communication and transparent access to highlighted persistent underfunding of and frontline service providers to share service delivery to children, youth and key documents be improved by Usma. MCFD and DAAs. innovative ideas about improving outcomes families. for indigenous children and families in • Funding issues leave DAAs short-staffed Usma’s history as an agency has been fraught. This is consistent with what we heard. Huu- their communities. The goal is that local and unable to provide comprehensive It has carried out as an organization under the ay-aht staff have reported major barriers promising practices are shared to inform services that are needed. conditions described by the Representative to supporting and assisting Huu-ay-aht future work and practices of the MCFD. • Child welfare practice in DAAs is for Children and Youth in the March 30 2017 families because of the significant lack of The Panel attended the Promising Practices undermined by funding and staffing issues. report Delegated Aboriginal Agencies: How responsiveness from MCFD staff. Huu-ay-aht Conference that was hosted by MCFD in • The capacity of DAAs to offer culturally resourcing affects service delivery, how DAAs staff have had to call numerous times and wait March, 2017 to observe the work being done based prevention services is limited by are underfunded and insufficiently staffed, weeks for responses from MCFD workers on to build better paths forward. staffing and funding issues. unable to provide services that are needed even simple questions. We also heard about and seriously undermining the capacity of significant problems arising from MCFD’s Delegated Aboriginal Agencies Nuu-chah-nulth Usma these agencies to deliver essential services to administration of files during “after hours” The Representative for Children and Youth In November 1987, Nuu-chah-nulth Tribal vulnerable children and their families. and weekends. reported plainly in the October 2015 Thin Council (“NTC”) signed a delegation 166. Tragedy has come to children under Front Line that inadequate MCFD staffing agreement with the provincial and federal Usma’s oversight. The tragedy of 19-month old
40 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 41 Sherry Charlie’s death in 2002 is notorious • Division of Cases – staff report with AOPS is: it contributes to the cycle of detachment and in Nuu-chah-nulth territory and in British that structurally the agency has (a) 52% on Child Services (down from 60% harm that may prevent these children from Columbia. Her death and Usma’s role in it had some difficulty distributing the compliance in 2013); being healthy and safe parents in the future. were catalysts for the Hughes Review that led caseload equitably among workers. (b) 59% on Family Service Practice, to the appointment of the Representative for For this reason, staff indicate that the including Child Protection Response (up The Panel observes that some of the problems Children and Youth.89 consistency in working with children from 49% in 2013); and we heard about in how interventions are and families is compromised. (c) 83% on Resource File Practice (down happening appear to be attributable to In 2013 and 2015 audits of Usma reviewed from 89% compliance in 2013). staffing issues: operations for compliance with the Aboriginal • New Information System (a) short staffing at Usma and Ministry; and Operational and Practice Standards (“AOPS”). Implementation – the recent launch (b) lack of continuity in staffing—including 90 The 2013 audit outlined the challenges of the new ICM system has proven to What we heard afterhours staffing. facing Usma: be very problematic for staff. They report that it is a much more onerous Usma means precious child in Nuu-chah- However, these problems regarding safety The agency has faced significant challenges system and that the training provided nulth language. It is a bitter paradox that the around interventions are not attributable regarding staffing leading to workload in the transition to the new system name Usma is reported by some Huu-ay-aht exclusively to staffing. Some of it is the issues and difficulty in ensuring that has been lacking. citizens as having come to make some Huu-ay- “how” of the interventions—the sudden work is completed in a timely manner. aht children freeze in fear. Based on what we apprehension of children without notice, Compliance has decreased significantly • Workload – staff report that although heard, the handling of some Huu-ay-aht child explanation or collaborative plan in place or in two of the three program areas. The their workloads have decreased since protection cases by Usma has been harmful, prompt follow up communication. transfer of off reserve files from MCFD the fall of 2011, it still remains an issue traumatic and indifferent to the impacts of has had a major impact on the ongoing with some caseloads as high as 40 files. colonization and perpetual trauma of forced While it is beyond the scope of this Panel’s delegated work, and the agency concedes separations and removals. work to inquire into the decisions or policies that they were not prepared for these • Geographical Area Covered – the that lead to these actions, we can observe transfers. Interviews with staff, as well agency serves a very large area with The traumatic effects of removals, including that the effect of the actions is to cause as a review of the files have revealed the some communities accessible only by how the removals were done, likely trauma and to interrupt important following challenges: boat or plane. This creates difficult, at were reported to us by parents, grandparents attachments for children and youth. We • Transfer of off reserve files – as noted times, in maintaining regular in-person and youth themselves. We were told clearly heard that Huu-ay-aht wishes to above the transfer of files in June 2011 contact with clients and in recruiting about apprehensions without notice, and pursue a model that prevents trauma and appears to have had a significant impact and studying foster homes.91 without letting children and their parents encourages attachment to the greatest extent on staff and their ability to meet the communicate for days, and in one case possible. requirements of their caseloads. It These challenges persisted in 2015, weeks after the apprehension; we also heard has been reported that the influx of as the audit found that: about apprehensions that were public and However, we would not be doing our jobs— casework has doubled workloads in (a) Complexities of high risk cases and humiliating, as well as disorienting. And conducting and reporting back on a truly some cases. According to the agency, remote geographic service areas accessible we have heard about failures to remove independent and unbiased inquiry—if we adequate resources did not accompany only by air/water continued to challenges youth that were not adequately explained or did not report that Usma appears to have the transfer of the additional files. in meeting equitable service delivery; accounted for, to concerned family members. undergone a transformation (or at least a (b) Usma faced significant challenges with significant and positive change) in direction • Supervision – there are reportedly staff turnover, newer staff highlighted the There is no question that there is a deep in the last 2 years. This change in direction instances when it is difficult to access a complexity and demands of working with distrust of Usma within the appears to have begun with the leadership supervisor for case consultation. large family systems; and Huu-ay-aht community. of the Nuu-chah-nulth Tribal Council which (c) Usma’s move from the Best Practices hired new Executive Director in 2015, and • Staff Coverage – there are often times database to ICM continued to create The disruption, fright and uncertainty also initiated the Usma Forum initiative to when only one worker from each team is challenges for staff. from these sorts of interventions can cause engage and receive feedback directly from available to respond to issues that arise. trauma—which is unsafe. Moreover, not only communities. The 2015 audit concluded that compliance can this sort of trauma impact these children, We heard from parents, social workers
42 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 43 inside Usma and Huu-ay-aht staff that We also want to recognize that there are still not come forward to take those children into Usma is becoming an agency that works problems: there are still 34 children in care, 24 their own homes. So, Huu-ay-aht has to look well with Huu-ay-aht (is responsive, calls in care of non-family, non- inside itself, inside its own homes, inside its them before taking action, trusts Huu- Huu-ay-aht community, and we understand own families, and open up: open up homes, ay-aht staff), and that from a leadership the Usma director has not met with open up about violence and addiction, open perspective is truly committed to family Huu-ay-aht leadership (although she has up about needing help and wanting to help. reunification, permanency and prevention. met with Director of Community Services). We also heard from the new Usma Executive Furthermore, Usma is still straining under the A central organizing tenet of Huu-ay-aht’s Director about her vision for Usma. She is existing funding models. approach to its children in families must be committed to reunification, permanency (a) Usma Executive Director advised that to harness past suffering, misjudgment and and has always been committed to self- Usma is in the process of renegotiating its trauma as strengths. The past should be a determination for Nations (she reports funding model from MCFD, however that resource, not a liability. It’s not about what that she never thought she would work has not been completed. you’ve done, it’s about how you’ve come for a DAA given her commitment to self- (b) Usma Executive Director has submitted through it. Those who have come through it determination by Nations). a proposed budget and program plan to are often stronger and better able to provide receive and spend “prevention dollars”, support, guidance and strength to those who We think this change in leadership and however, the funds remain unconfirmed are stumbling today. direction at Usma is important, and the (c) Usma Executive Director advises momentum should be harnessed and taken that the Ministry has advised that it will The Panel also wants to expressly recognize advantage of by Huu-ay-aht rather than be moving Usma to a case load model the importance of those who have stepped turned away from. We also think Huu-ay- based on the Aboriginal Operational and forward as foster and adoptive parents for aht has an important role to play as a leader Practice Standards and Indicators (AOPSI) Huu-ay-aht children. We spoke with both among Nuu-chah-nulth nations in tackling guidelines, which could reduce current indigenous and non-indigenous guardians these issues of improving outcomes for caseloads by up to half of the average who have open spirits, are ready to share and children and families. Huu-ay-aht is already delegated agency load (although note: she work with Huu-ay- aht families to provide seen as a leader in this area—its culture was not certain that this would translate support to the children so they can be raised plans were a first, and are now replicated by clearly into more case workers. in consistency and safety with healthy Usma with other nations. Huu-ay-aht staffing connections to their families, community and commitments are also already noteworthy It is also important to recognize that culture. The spirit was strong on the guardian in the region—indeed, at the recent Usma Huu-ay-aht children are Nuu-chah-nulth side—now they just need Huu-ay-aht regional forum, the Huu-ay-aht family children. Often they will have links to other families and Nation to take them up on it. We support worker was formally honoured and nations through parents or grandparents. heard again and again the request for more recognized along with one other counterpart So it is impractical at this point in time to community and cultural activities to which from Tseshaht First Nation as being important seek full independence from Usma, and guardians could bring children to grow the and unique liaisons whose work for moreover, if Huu-ay-aht can help Usma continuous sense of place and belonging. families and in liaison with Usma has been improve its service, that works to everyone’s instrumental in trying to better meet better benefit. Again,Huu-ay-aht can be a leader outcomes for families. in this area.
At the same time, it is important to recognize Finally, in recognizing Huu-ay-aht’s forward that this is person dependent (as so much looking positive efforts and leadership, it is around child welfare seems to be). So, we don’t also important not to ignore where want to recommend a structure that will come Huu-ay-aht has fallen down. There are crashing down if someone with a different children in care outside of their families and approach takes over leadership at Usma. community because Huu-ay-aht families did
44 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 45 where resource emphasis is on prevention and have recommended implementation and and removal; oversight mechanisms that are driven by the (b) People wanted to prevent frightening front line activity. and abrupt removals into “stranger care”; (c) They wanted to emphasize all the ways An important principle guides our 08 TRACKS FOR CHANGE in which caring and support could happen recommendations regarding tracks for change. within the community (people offering In dealing with matters of family, well-being, themselves and their homes) and from and mental, physical and emotional health Huu-ay-aht government and administration there must be a balance between recognizing (liaison and support workers, cultural patterns on the one hand, and individual programs and support, advocacy); needs on the other. For example, while there (d) People wanted to remove the sense may be patterns that form a common link of powerlessness they have felt when between people who have experience trauma has shifted between child protection and OVERVIEW they have tried again and again to meet or disruption to attachment, and there may be family support; functions have been the externally imposed standards and patterns to the sorts of support that may assist shifted out to the regions and then pulled The principle foundation underlying all of the requirements upon them—often without people through these things, there is no one back to centre; new dispute resolution Panel’s recommendations that follow is: support—only for more barriers to arise in checklist for what will assist everyone. And processes have been introduced. And much their efforts to be reunited with family; in fact, something that may assist one person of this has gone on against a backdrop of The resource emphasis must (e) People wanted opportunities to may be no help at all, and may in fact cause significant funding cuts, even though it is be reversed from removal to plan, with necessary supports, how to difficulties for another. commonly understood that organizational prevention; resources must prevent removal, reduce the disruptive change costs money.” be increased for prevention, impacts of protection measures when It is the same in families. Any parent knows transition and support. they are necessary, and transition back that in the complex effort to raise a healthy Before any expansive or comprehensive draw- into consistent and healthy households and happy child one must constantly plan, down or restructuring of jurisdiction, the We note the Representative for Children and whenever possible; and adjust, adapt and improvise depending on the infrastructure must be in place to support it. Youth’s recommendation that funds should be (f) Youth wanted a clear role in planning great variety of factors that create the tangle of This should be built first by constructing circles directed to the front lines of the child welfare and decision making. life. There is no checklist. system, and away from open-ended initiatives of protection—made of planning, decision making, oversight and support mechanisms— related to governance and organization of In the Panel’s view, much of this can be Similarly, if Huu-ay-aht wishes to take 92 and ensuring stable funding is in place to these systems. This is consistent with our achieved by Huu-ay-aht putting staff and further action to improve the outcomes for its support the infrastructure required for broad observation inside the Huu-ay-aht community. resources in place to emphasize prevention children and families, it cannot do so based jurisdiction. Not only are these structures and support: so that the former concept of on a one-time checklist. Instead, improving essential to safe and effective draw down of We also note that Area 1 of Grand Chief Ed “removal” is rarely necessary, and when it outcomes will depend upon being constantly jurisdiction, they are important steps that can John’s recommendations—which is supported is, it is done in ways that are fair, healthy, present: being there to support children and be taken locally and immediately that will by the other nine areas—is “Direct Support transparent and— most importantly—full families when they need it and how they begin to help youth and families right away. for Indigenous Children, Parents and of care for all those involved and impacted. need it. This will be continually in flux, so Families in all Indigenous Communities”. This was the vision we heard described by Huu-ay-aht needs to put strong and qualified We also heard that people are wary of creating We also recite this overview from the 2006 the Huu-ay-aht community (citizens, staff people in staff positions and community roles another Usma or Ministry. Based on what we Hughes Review: and those who care for Huu-ay- aht citizens, where they can make robust, accountable heard from many different parties (including “The strongest impression I have gleaned including families and foster parents). and responsive choices on how to provide or Usma and the Ministry), the reasons for that from this inquiry is one of a child welfare facilitate the supports children and families are clear. That being said, it is helpful to drill system that has been buffeted by an Therefore, we have not emphasized significant need. And in order to do this, those people down into what that means, so that Huu-ay-aht unmanageable degree of change. There restructuring at the governance level or an need to have resources at their disposal to can focus on most effective actions. has been a revolving door in senior expansive draw down of jurisdiction as a first carry through for children and families. (a) People did not want to recreate a model leadership positions; emphasis in practice step. Rather, we have begun at the front lines,
46 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 47 While this may sound expansive and 2005 (quoted in Touchstones of WRAP AROUND, undefined, it is not. Fortunately, this is where Hope for Indigenous Children, LIFE CYCLE SUPPORT The inclusion of Elders into a mental the patterns can assist. We know there are Youth, and Families) health promotion strategy for teens certain types of support that will tend to resulted in a striking reduction in teen help (such as post-treatment transitional We are recommending that Huu-ay-aht take Supporting Huu-ay-aht People to Support suicide rates in that community.95 support, youth councils, elder liaisons to immediate steps to fund staff positions and one Another Our recommendations are built around the the health care system, etc...). The overall resources to provide thorough wrap around Involving Elders in patient care has also roles and responsibilities that must be theme of these recommendations is to have life cycle services to provide prevention, been shown to significantly decrease rates taken up by various people to advance Huu-ay-aht put people and systems in place support, protection and transition of domestic violence,96 and to improve for so that the Nation can be both ready to services to Huu-ay-aht children, youth and life-long wrap around support understanding and trust between indigenous Huu-ay-aht children and families. The assist proactively and be responsive so that families. We are recommending that pillars and non-indigenous staff and patients.97 of our recommended approach are . supports are there when and where people Huu-ay-aht make the development of people We explain below the roles of each of the need them. This is backed up by a system these services a priority, but that removal (c) Parents, following groups in working to bring of continual oversight and adjustment to jurisdiction not be internalized within Huu- Huu-ay-aht children home: ensure that no one is languishing or falling ay-aht at this time. This is because: Parents who are struggling to care for through the cracks. These recommendations their children have an important role (a) , draw upon the significant internal resources (a) People are reluctant to ask for help Children and youth themselves to play in supported planning for steps of the people of Huu-ay-aht, and they also and support from the same entity that has needed to help themselves strengthen in Youth want to and can support Huu-ay-aht encourage continued engagement with the removal jurisdiction their roles as parents, and also to plan for to do better. They have ideas, networks of external resources that exist (e.g. alternative care arrangements if and as experiences and a strong desire to connect Stsail’es and Seabird Island Nations, Office of (b) Immediate resourcing emphasis must they become necessary. with their community and culture. Wet’suwet’en, Office of the Representative for be on prevention and support in order Children and Youth etc..). to reduce potential reasons for removal; (d) Ha’wiih and Matriarchs of Lifelong Wrap Around Approach: The taking on removal jurisdiction creates the 93 Traditional House Groups, Doing “good” is apparently better serious risk of undermining or detracting concept of “aging out of care” should than doing “nothing” well—and from the development of the priority areas be eliminated, because Huu-ay-aht will The Traditional House Groups provide an so hangs the tale of the residential of prevention and support. provide wrap around supports throughout important anchor to connect Huu-ay- aht school system, and the child welfare the life, parenting and caring cycle. children and youth to their culture. Current system too, which could only ever (c) Huu-ay-aht does not currently have efforts must be continued by the Ha’wiih afford child protection (removal authority under Treaty to draw down to identify and recognize all the members (b) of children from their families), removal jurisdiction outside of Anacla Elders, of each House Group. The House Groups rather than prevention activity (Treaty Settlement Lands). Drawing are also a means of designating roles and There are strong Huu-ay-aht elders, and (building up families). Those good down removal jurisdiction in Anacla but responsibilities within the House Group, there are people who want to learn to move people constantly lobbied for nowhere else would not enable a “seamless to provide important culturally specific into elder roles. Elders can be instrumental better funding but rarely made any transition between services” for structural support for Huu- ay-aht families. in providing support and teachings, and structural critiques and thus they Huu-ay-aht families, which is an important also as trained liaisons to link to health care became fellow travelers of a system principle and recommendation (e) Huu-ay-aht Leaders, and treatment services. they did not approve of and earned (see e.g. Representative for Children and the ill-feeling of those to whom they Youth Recommendations, Appendix D). The leaders in Huu-ay-aht community There is widespread agreement that delivered second-class service. (including those on Ha’wiih Council and First Nations, Inuit and Métis Elders can Executive Council) have an important role play a crucial role in the mental health — excerpt from John S. Milloy’s in speaking out against violence in the of indigenous peoples, especially as part presentation, “How Do Bad Things Huu-ay-aht community, and in ensuring of the key process of regaining positive Happen When Good People Have that the resources are in place and available cultural identity.94 Good Intentions?” on October 26, to support Huu-ay-aht families to be safe,
48 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 49 healthy and connected to Huu-ay-aht culture. Some of the key tools that will be important to who is in continuing care and that all educated in their historically informed and enabling people to take up their roles are: indigenous children and youth in care trauma based approaches. And there are (f) Huu-ay-aht Staff, (a) Family Group Conferences have a robust cultural plan connecting those who are not. Huu-ay-aht: (b) Quality Assurance Committee them to their indigenous heritage.99 (a) Must have a veto over social workers Huu-ay-aht staff who work with children (c) Implementation and Oversight who work with Huu-ay-aht families; and families must work with dedication, Committee Investment in Human Resources (b) Must be able to manage its own internal imagination, empathy and a spirit of (d) Youth Council Important components: resources effectively, to ensure the right tireless advocacy for Huu-ay-aht children, (e) Internal Dispute Resolution instead of (a) Staffing to fulfill dedicated roles and people are taking the right approach in youth and families. In order to keep Provincial Courts prevent burnout; supporting, assisting and advocating for staff supported and well in these roles, (b) Mentorship and support for staff in Huu-ay-aht children and families. Huu- ay-aht must hire more staff, and Within the current child welfare system support roles; must empower them with the resources in BC, the court is the venue to determine (c) Pay for stability; Ensuring Infrastructure Supports People necessary to do their jobs well. whether the ‘concerns’ of child protection (d) Financial and other support for Huu- Some of the important infrastructure that workers are valid or tainted by bias ay-aht individuals and families who step will be important to enabling people to take (g) Advocates and misinformation. Unfortunately, as forward to assist. up their roles is: the Victoria Bar Association reported (a) Host Homes Huu-ay-aht must have legal advocates through their recent initiative, in practice, The recognition of the need to move to a (b) Safe Houses available for the Nation, parents and inadequate inquiry occurs at an early different model of delivery is not new. In the (c) Transition Support such as Day Centers youth in any process or proceeding where stage into whether intervention is 2006 Hughes Review, the shift inside MCFD and housing through Mothers Center. the rights of Huu-ay-aht children and justified, with an ethno-centric view often was called “service transformation” and was (d) Treatment Beds families are at issue. These advocates must perpetuated through the court process.98 described as being a difficult transformation (based on future assessment) ensure that no Huu-ay-aht child’s future for workers inside the system: is determined by external forces that are “A child is living, so too should their plan indifferent to or uninformed about the of care be.” Ardith Walkem “It would be easy to underestimate the CONTINUAL ENGAGEMENT, child’s central place in the Huu-ay-aht process of adjustment required of those community. The legal advocates can also Some of the key services and support that will who have worked, some for many years, OVERSIGHT AND MONITORING assist in formalizing and legally protecting be important to enabling people to take up in the old model. The move toward more Youth Engagement alternate care arrangements between their roles are: out-of-care options and new dispute The Panel heard very clearly that families and within the Nation. (a) Supported Planning resolution processes requires a different Huu-ay-aht youth—both those who are in (b) Transition Support Services set of skills and competencies from care and who have been in care—have a deep “One of the social workers asked me ‘why (c) Parenting Support and Education traditional child protection work. Social and strong desire to maintain connections are you trying so hard for your son?’ She (d) Food, Essentials and Transportation workers will be called on to mediate with their families and the Huu-ay-aht had the audacity to ask me that...I went to Support between family members in ways they community and culture. The objective of court and there were more lawyers around (e) Elders Support and Liaison Services never had to do before; to deal with our engagement was to understand how to this table than kids” (f) Anti-violence Programming new kinds of agreements; and actively best reflect the voices of youth in outcomes -Nuu-chah-nulth father monitor performance by contracted service that support their well-being. We heard that The Representative also calls on MCFD providers for the life of the contract.”100 engagement with youth is critical. “I applied for a lawyer, they said ‘no, to fulfill recommendations made by both there’s no way you’re getting your kids the previous Representative for Children And over 10 years later, we heard from “Children have a voice. And they need to back.’ I got one, and she fought and fought and Youth and Grand Chief Ed John to senior staff inside the Ministry and Usma know their families care and need to know and fought even after the funding ran bring Care Plans into compliance with that there remains a struggle with managing how they are” out...I am very grateful I didn’t give up” standards already called for in legislation social workers who have not seamlessly - Nuu-chah-nulth support worker -Huu-ay-aht mother. and policy. Priority should be placed transitioned into the new way of doing on ensuring that permanency is being things. There are excellent social workers actively pursued for every child or youth who are holistic, imaginative and well
50 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 51 207. Youth highlighted the importance of connecting to Huu-ay-aht culture:
What Huu-ay-aht Youth and Children Told the Panel
The Panel provided specifi c opportunities for engagement with Huu-ay-aht youth that are in care or have been in care. Huu-ay-aht citizens and leadership as well as the Offi ce of the Representative for Children and Youth attended a child and youth engagement session in Port Alberni. This included a circle Youth discussion and one-on-one interviews. Huu-ay-aht children and youth shared Activities / Personal powerful and compelling stories that support Spiritual / Tradition Development Huu-ay-aht’s vision to bring children “home”. 41% 31% The youth were brave and clear, expressing that they wanted to help others by telling their stories and that they wanted to be helped by having their stories heard. The Family youth were encouraged to see Huu-ay-aht taking initiative to help, support Connections and love Huu-ay-aht children and families. Key messages from Huu-ay-aht youth are Language 16% outlined below. 12%
CONNECT TO CULTURE
52 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 53 Youth emphasized the importance of family support when they are in care, either through connecting with other families or being put in care with siblings, or supporting parents and families to avoid breaking up families: EXPERIENCE WHILE IN CARE
CONNECT TO CULTURE 75% 7%
Mental Unsafe Abuse/Anguish Conditions
12 10 8 11% 7% 6 4 Physical Abuse Not Enough 2 Stability
0 Cultural Support Use Technology Opportunities our Families Huu-ay-aht youth shared their experiences about being in care and being placed in care, the mental abuse and anguish experienced while in care or being taken from their families.
54 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 55 Advocacy 25%
Family Treatment 31%
DREAMS AND ASPIRATIONS
Mental Health / Addiction 44% 43% WHAT PROGRAMS SHOULD HUU-AY-AHT Support Families PROVIDE FOR PREVENTION
36%
Opportunities for Youth Engagement When asked what programs Huu-ay-aht should provide the youth emphasized the need for: mental health and addictions services that provide help, rather than label, youth; family treatment and support; and advocates to help families and community members fight for their kids and each other. 21%
Mental Health Support
56 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 57 25 What the Panel Learned It should bring Huu-ay-aht youth together regularly, wherever they live in BC and What we heard from Huu-ay-aht youth about beyond, and it should draw upon the their experiences in and views on current cultural and personal resources alive in the child welfare system has been important in Huu-ay-aht community, the hahouthlee and informing our recommendations, and this the deep desire of the youth themselves to information is integrated in our broader be connected discussion and our recommendations. We recommend a commitment to ongoing We take this opportunity to address the youth engagement that integrates Huu-ay-aht importance of youth engagement itself. youth who are in care with youth who are with their own families, but also that ensures that Youth engagement is essential both to special space is reserved for youth in care to 5 support children and youth and to inform connect and to speak to the particular issues decisions made that aff ect their lives and the they face. We also recommend that Huu-ay-aht services meant to support them, their peers develop its own Huu-ay-aht Youth Council. and their communities. Youth engagement ensures adults and youth can work together The Usma Youth Council is an example used More Meaningful Ensure as partners to make decisions and create by the Nuu-chah-nulth Tribunal Council resource youth safe environment change.101 Meaningful ongoing youth to empower their youth to participate in in care workers engagement engagement can lead to programming and discussions relating to youth in care. It has had services more relevant to youth and contribute strong and positive responses from the youth to developing competent young Huu-ay-aht who participate.103 The Usma Youth Council leaders. It also empowers youth so they are meets weekly, engages in leadership training honoured and fi nd their place in the Nation. and self-work, and provides feedback to the Nuu-chah-nulth Tribunal Council and Usma. CHANGING THE SYSTEM Representatives from the Offi ce of the Representative for Children and Youth Huu-ay-aht’s youth coordinator advised the provided the Panel with essential and expert Panel of plans to start a Huu-ay-aht youth support during our youth engagement council to bring Huu-ay-aht youth together sessions, as well as very helpful and regularly even if they live away from home informative feedback. The Representative’s and the community. Based on the very strong In response to questions about how the child and youth services should be Offi ce has also emphasized the importance and positive response from the youth we changed, Huu-ay-aht youth and children overwhelming emphasized the need of a youth engagement strategy102 to ensure heard from, the Panel strongly recommends for meaningful youth engagement to ensure services support their needs, for having youth voices guide and inform an that Huu-ay-aht establish a youth council example by ensuring they understand why they are being removed from their ongoing process of engagement. with suffi cient funding to allow youth and families, have a chance to say good-bye and ensure that foster homes are a good their guardians to travel to Port Alberni and fit, that their desires and needs are met (e.g. keeping siblings together) and that The Panel recommends that in order to Anacla to meet. youth and children are engaged and involved in decisions that affect them. bring Huu-ay-aht children “home”, and work eff ectively toward building a generation of In addition to a Huu-ay-aht youth council, Huu-ay-aht youth who are safe, healthy and we also recommend that Huu-ay-aht expand connected to Huu-ay-aht culture and its current youth engagement programming. community, Huu-ay-aht should adopt a Youth engagement is not an easy or self robust youth engagement strategy, supported sustaining thing. It must be nurtured and by strong fi nancial and human resources. developed and requires an investment of time
58 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 59 and a commitment to follow through. The to gather indigenous youth voices to develop are working so hard to keep their children assistance Huu-ay-aht provides. Without Panel considered a variety of models for youth recommendations from youth themselves safe and well, often under great strain caused that assistance the necessary travel would engagement, including the provincial Youth to improve the child welfare system and the by poverty, addiction and violence. The Panel become prohibitively expensive. Engagement Toolkit, the Circle of Courage, lives and experiences of the youth who are has also recommended that sufficient funding and Ignite Your Spirit. served by it while also furthering strength and and programming resources be dedicated to Huu-ay-aht has traditionally moved through connection within and between youth. ensuring constant and consistent cultural and and used its territory on a seasonal basis. MCFD is developing the “Youth Engagement supportive programing for adult engagement. Based on what we heard from the Toolkit” to guide teams of adults and youth Huu-ay-aht should determine whether Huu-ay-aht community, the Panel suggests through four collaborative meetings to first, these models are appropriate for Huu-ay- Ongoing, Consistent and Frequent that significant cultural gatherings be explore values and beliefs about youth aht’s own youth engagement. However, the Community Engagement planned seasonally in Pacheena/Anacla, as engagement; second, assess current youth Panel recommends that Huu-ay-aht should Right from the beginning of listening to the well as regular gatherings in Port Alberni. engagement practice, third, create a plan to particularly consider the Ignite Your Spirit Huu-ay-aht community—including non-Huu- For all of these, effort must be made (as it strengthen youth engagement; and fourth, model because: ay-aht foster and adoptive families who are is already), to bring Huu-ay-aht together review progress towards strengthening youth already trying to keep Huu-ay-aht children from the communities where they live engagement. The toolkit can be used by any (a) The model is developed from a youth connected with their families, community (e.g. Nanaimo, Victoria, Campbell River, group, team or organization regardless of centered, rights of the child perspective, and culture—we heard about a hunger in the Salmon Arm, Vancouver), and to facilitate experience with youth engagement. it is developed locally, and it is being community for more community and cultural that financially by providing travel and implemented locally. The Representative’s events. In reporting this we want to make accommodation assistance. Circle of Courage104 is an existing model Office is holding an Ignite Your Spirit Youth sure to acknowledge how much Huu-ay-aht that supports youth development and can Forum on Vancouver Island in August 2017, is doing already in this regard (e.g. People’s Another important aspect of community inform the content and drive toward youth and the Panel recommends that Huu-ay- Assembly, Monday evening gatherings, engagement is the sort of discussion that was engagement. The model is based on the aht make a strong and funded effort to monthly cultural gatherings), but people had through the Panel engagement process. universal principle that to be emotionally enable Huu-ay-aht youth participation and expressed a clear desire and need for more, Huu-ay-aht community members (Huu-ay-aht healthy requires a sense of belonging, mastery, attendance at that forum; and citing some of the following reasons: citizens and non-citizens who are integral to independence and generosity, considered the (a) Helps with post-treatment addiction the care and families of Huu-ay-aht people) model’s “four directions”. It strives to integrate (b) The Representative’s Office is available support; spoke openly and bravely to us and to one the cultural wisdom of tribal peoples, the to work with Huu-ay-aht to assist in (b) Helps form parenting bonds; another about impacts of past experiences practical wisdom of professional pioneers developing a strong Huu-ay-aht youth (c) Provides safe and predictable forum for and traumas. Some said that it was the with troubled youth, and findings of modern engagement program, and to build the cultural and interpersonal connections. first time they had participated in such a youth development research. The Circle skills and capacity within Huu-ay-aht discussion within their community, and that it of Courage can provide a philosophical necessary for that. For both youth and adults there is a need was an important beginning to a process that framework for engaging with youth on youth for: needed to grow so as to work toward the best development and is designed to encourage A deliberate and strategic approach to (a) Consistent and frequent events in Port possible outcomes for future kids to feel safe and comfortable. meaningful youth engagement is required. Alberni, Huu-ay-aht generations. We heard this It is an investment in youth leadership (b) Consistent events in Anacla, including from enough people that the Panel does Ignite Your Spirit, developed by the development for Huu-ay-aht. However, as fishing and camping expeditions, recommend that this engagement continue to Representative’s Office, is a model for a youth with most of the recommendations in this (c) Assistance with travel (e.g. ferry be made available in the community. engagement forum that seeks to amplify the report, it is not a strand to be followed in and accommodation costs and healthy voices of indigenous young people in B.C. isolation. A robust youth engagement strategy food provided) is essential for both. We We emphasize however that this sort of through youth led forums where they are must be woven together with the increased heard from parents (foster, adoptive and engagement must be structured so as to able to share their needs, experiences and opportunities for cultural participation biological) who wish to keep Huu-ay-aht prevent compounding trauma, and with ideas for improving the child-serving system for all Huu-ay-aht citizens that we have youth connected that they were more than full cultural, emotional and psychological within a safe and supportive environment. recommended, as well as with engagement willing to put the time in to bringing youth supports in place. One model that may This engagement is critical to create positive and support for youth’s parents. Support must to the community, but that their ability be used for this continued community change in the lives of youth. The model aims also be built for and provided to parents who to do so was far increased by the travel engagement is Touchstones of Hope,
60 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 61 although the recommended Implementation This is integral to the central theme of our during and after any protection proceeding) and always with the goal of permanency and Oversight Committee should present recommendations: continued monitoring, to assign roles within families (and House and stability while keeping children safe, thoroughly researched options for models assessment, renewal and reframing to ensure Groups if appropriate) to assist the family healthy and connected to Huu-ay-aht of engagement to the community. The that Huu-ay-aht’s core goals (health, safety and keep children safe. culture and community. importance of safety and professionally andconnection) are being met on a systemic support to engagement cannot be level and for every child. There is wisdom (c) Quality Assurance Committee: Made (g) Internal Dispute Resolution overemphasized. and experience to be gained externally as up of representatives from Nation and (Alternative to Courts): As an alternative well as internally. Ministry/DAA meets regularly to monitor to using Provincial court system, Huu-ay- Touchstones of Hope105 is a system change any active protection file, and ensure aht may choose to internalize oversight model designed to bring about reconciliation Internalize Decision Making, Oversight and accountability and active focus on best of any protection orders made. This in child welfare. Reconciliation in child Accountability interests and permanency for child and would be an important disruption to the welfare is laid out in four phases and family. Triggers file specific responses, after-the- fact and often “rubber stamp” engages indigenous and non-indigenous HFN should implement structures to and also reports systemic problems to approval given to protection orders peoples. The phases entail 1) Truth Telling 2) internalize decision making–starting at the Implementation and Oversight Committee (see report of Victoria Bar Association Acknowledging 3) Restoring and 4) Relating. family level–with structured circles of support for more systemic action. referenced above), and social workers This process is also premised on the fact that around families. This decision making is then would know they have the burden of indigenous peoples are in the best position to monitored within the Nation, so that plans (d) Implementation and Oversight justifying any protection order to a make decisions about our children and youth are transparent and enforceable but also are Committee: Tasked with specific Huu-ay-aht decision making body. This to achieve better outcomes for our children revised as required as circumstances change, implementation and oversight tasks (as could happen on a file by file basis, or and youth. Self-determination; Culture and which they will. Transparency, monitoring set out in recommendations), including systemically for files involving Language; Holistic Approach; Structural and adjustment are crucial factors to ensuring receiving input on systemic issues Huu-ay-aht families, by agreement with Interventions and Non-discrimination form everyone is working in the best interests of from Quality Assurance Committee the provincial government. the guiding values of this system change children, to ensure stability and permanency. (and others, including Youth Council) model. A system of care that supports the There is no single checklist—best decisions and making specific and responsive PLAN FOR FUNDING, development of a Safety Assessment for each are made by empowering youth and families recommendations for improvement to IMPLEMENTATION AND family that addresses: Case management; to determine what will work best for them, Huu-ay-aht government. Parenting support; Healthy relationships; and then constantly monitoring and adjusting NEGOTIATION Sobriety; Domestic violence; Cultural to ensure the resources are there to help them (e) Citizen Development Officer: strengths; Basic needs and Life skills. reach their goals. Monitors recommendations made by In order to implement the tracks for change Surrounding this safety assessment plan is Implementation and Oversight Committee that the Panel is recommending, the following coordinated support and engagement with a “Every day is a lesson” - Huu-ay-aht elder and monitors Huu-ay-aht government components will be essential: range of services and supports. response and action in relation to the As set out in the recommendations, the Panel recommendations, and reports this (a) The Huu-ay-aht government should Ongoing Outreach/Engagement with other First is recommending the following mechanisms publicly. This is to ensure transparency and establish an Implementation and Nations and Agencies be put in place: accountability of Huu-ay-aht government Oversight Committee that is independent and encourage ongoing commitment to of Huu-ay-aht leadership, as described in The Panel had the tremendous benefit of (a) Early Planning with Families: Planning taking action and dedicating resources the recommendations. speaking with other agencies and First ahead for families and youth in case necessary to improve outcomes for children ( Nations in our information gathering for this protection measures are necessary, but with and families. b) Once the Huu-ay-aht government report. There are many dedicated people the goal of preventing such necessity. decides how to proceed, it must give a working across the province to improve (f) Legal Advocates: At individual file full mandate to Huu-ay-aht Executive outcomes for indigenous children, and there (b) Family Group Conferences: Family level, advocates will also be monitoring Director to carry out implementation of is a continuing benefit to maintaining a Group Conferences should be convened progress and outcomes and will be pro- the measures to be taken, with the support sustained outreach and engagement initiative early and frequently during vulnerable active in using all tools available to ensure and advice of the Implementation and by Huu-ay-aht with external agencies. periods in a Huu-ay-aht family (before, that proceedings are moving expeditiously Oversight Committee.
62 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 63 (c) The Huu-ay-aht government will need to make significant funding commitments that are commensurate with the high priority of bringing children home and keeping them healthy, safe and connected with their Huu-ay-aht families and culture. We are recommending that this commitment be legislated as dedicated long-term funding.
(d) Undertake an inter-governmental negotiation strategy in order to secure funding from federal and provincial governments to support key components of the made- in-Huu-ay-aht strategy and establish cooperative agreements on jurisdiction and protocols for serving Huu-ay-aht children and families. This will be overseen by the Implementation and Oversight Committee.
64 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 65 66 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 67 throughout the life cycle; FSW should have discretionary access to flexible and responsive fiscal resources as (b) The Family Support Worker role is a well as permanent resources as described rededication and refocusing of the current below. Use of resources will be subject to RECOMMENDATIONS Child and Family Liaison role; continual and prompt oversight, as set out 09 below, but this oversight must be structured (c) It is a dedicated position. This means so as not to unnecessarily impede efficient, that the FSW is dedicated to support and prompt support and problem solving; prevention work and will not be required to dedicate time to protection work or (g) Huu-ay-aht citizens must know, through addressing removals. This is to ensure outreach and education, that both the FSW increased time and emphasis is placed on and the PSW are there to assist and support the complex work of putting in place Huu-ay-aht citizens, not to work against Our recommendations are based upon two For ease of reference, we include in Appendix individually appropriate supports and them; distinct foundations: D summaries of the key recommendations pro- active prevention mechanisms. by the Representative, the TRC and Grand The urgency of protection matters can (h) At least two FSWs should be in place, to (a) The first and primary foundation is Chief Ed John and explain how we have taken detract from this prevention work and this ensure constant coverage, ability to travel, what we learned from the Huu-ay-aht these recommendations into account and prevention work must be prioritized; to provide backup, to avoid burnout, and to community itself. incorporated them into recommendations allow for collegial support and assistance in that are specific to Huu-ay-aht First Nations’ (d) The FSW’s mandate begins in supporting problem solving and decision making; (b) Second, we have drawn upon the very own historical and present context. pregnant mothers and carries on through important recommendations that have the lifecycle. Early interaction and support is This recommendation is also made with been made by the independent provincial 240. We set out here our recommendations, key to more successful outcomes; reference to the AOPSI guidelines file Representative for Children and Youth, the bases of which are set out throughout ratio106 and the understanding that there the Honourable Ted Hughes, the Truth this report, in particular in the “Tracks for (e) The FSW will work in close liaison are currently files open to serve the families and Reconciliation Commission, and Change” section above. with the following other pillars of the of more than 80 Huu-ay-aht children, 30- most recently, Special Advisor Grand recommended interconnected strategy 40 of which are active, and about half of Chief Ed John. RECOMMENDATIONS FOR (each of which is addressed in the those would have active Ministry or DAA IMMEDIATE IMPLEMENTATION recommendations that follow): involvement; There is tremendous insight, experience and (i) Protection Support Worker (PSW). authority embodied in each of these Investments in Human Resources and This is essential to ensuring the (i) In order to attract and retain top FSW, foundations, and taken together, they Programming PSW can work, whenever necessary, ensure: have provided us the basis to present a to keep Huu-ay-aht children and (i) FSW have access to mentorship, set of recommendations that in our view Recommendation 1: Huu-ay-aht should have families together and connected; managerial support, counselling and address some of the systemic issues faced by dedicated Family Support Workers (“FSW”). (ii) Youth Support Workers and self- care support; and indigenous communities in B.C. and Canada, Particulars of this recommendation include: Cultural Support Workers; and (ii) pay and benefits are but do so in a way that is particular to the (iii) Ha’wiih and Traditional House benchmarked to be competitive unique history, culture and circumstances of (a) The Family Support Workers are Groups. This is essential to ensuring with average wages of comparable the Huu-ay-aht First Nations. dedicated full-time to supporting all that the roles and responsibilities positions across Canada, including Huu-ay-aht citizens and their families, not for support for Huu-ay-aht citizens urban centers; and We have considered and addressed some of just youth and parents involved in the child are identified and determined early the most relevant recommendations by others, welfare system. FSW will help navigate in life. (j) In order to ensure job performance and discuss how these recommendations and coordinate proactive outreach and the that meets the standards required to inform the recommendations we are provision of supportive services to Huu-ay- (f) The FSW needs to be “nimble” in fulfill this role and meet the holistic advancing to the Huu-ay-aht First Nations. aht people from before they are born and providing support as needed, therefore the needs of Huu-ay-aht families, (including
68 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 69 a historical and culturally appropriate support lists described above and that Huu-ay-aht is responsive with approach that is responsive to the multi- (e) The PSW will engage in proactive Elders Liaisons discussed below); as complete an understanding as generational impacts of trauma) the terms and early planning with families in case possible, before and during any of employment for the FSW must enable protection measures become necessary. (h) PSW will be “on call” and backed protection related proceedings; Huu-ay-aht to take responsive and effective This includes: up with an on call system (supported action if the standards are not being met. (i) Planning with parents and youth by alternate PSW, FSW and/or legal (l) It is essential that staff working in the This requires legal advice. for protection plans, in advance; advocate(s) as necessary) so that a FSW and PSW positions (as well as others (ii) Being proactive and identifying Huu-ay-aht representative who is in the Department of Community Services) Funding Requirement: $150,000/year. plans with families early, once knowledgeable about Huu-ay-aht be fully dedicated to implementing a issues are detected but before any families is available at all times. Contact trauma and historically informed practice in This is based on salaries for two FSW (plus protection measures are taken; and information to be easily accessible and support of Huu-ay-aht children and families. overhead and benefits), based on the ranges (iii) Ensuring (through liaison with distributed consistently to MCFD, Usma The success of the measures recommended set out for MCFD Social Program Officers MCFD and Usma) that this plan is and other DAAs, and Huu-ay-aht families; in this report is highly dependent on these as of 2017.107 executed if it becomes necessary; roles being carried out in a holistic, trauma (i) Ensure Huu-ay-aht families know to call informed and imaginative manner, backed Recommendation 2: Huu-ay-aht should (f) Coordinate Family Group Conferences Huu-ay-aht Protection Support Worker up by strong advocacy; have dedicated Protection Support as early as possible, and immediately first, not Usma or MCFD; Workers (“PSW”). Particulars of this upon any protection measures becoming (m) We recommend at least one PSW recommendation include: necessary, and liaise with Traditional (j) Part of PSW role includes immediate be in place full time, but we note that House Groups to draw together family and and consistent Nation involvement (starting an alternate or additional PSW would (a) The Protection Support Worker is an House Group supports; Day 1) as soon as Nation, Usma or MCFD assist in supporting the PSW to ensure advocate for Huu-ay-aht families involved receives a call or report. In part this will: a PSW is always available to Huu-ay-aht in any child protection matter or potential (g) Build supportive, caring arrangements (i) Prevent the delay reported by families, and would facilitate in providing child protection matter; that draw on several family and community delegated agency workers;108 services to Huu-ay-aht families in e.g. members where necessary—early planning (ii) Ensure a more holistic response, Vancouver and elsewhere. We also note (b) The Protection Support Worker will be a assists in not being bound to “nuclear family” rather than “investigation” under that serious problems have been noted in qualified and experienced social worker: It model. PSW must work to proactively the legislation. Note that this is the “after hours” administration of MCFD is important that the PSW be well familiar identify Huu-ay-aht community supports contingent on cooperation with and DAA related matters, therefore, we with the existing child protection system, (individuals, elders, families, homes) that may MCFD and Usma (addressed encourage Huu-ay-aht to err on the side the rights of the child and the rights of the be integrated into prevention and protection below, with respect to renegotiated of redundancy in its own staffing until this families and the Nation, and know when to planning, including: agreements); and issue is resolved. Therefore, we recommend advocate on behalf of families when these (iii) This is to get Nation involved as Huu-ay-aht start with 2 PSWs in the first standards are not being met; (i) Building a standing list for early as possible in matters, before two years, so as to ensure constant and Huu-ay-aht of safe homes and required under CFCSA (which is at consistent coverage, to ensure backup (c) The PSW does not have a removal role; available Huu- ay-aht foster parents; protection stage); is available, to avoid burnout, to enable (ii) Developing family/context proactive advocacy, and to allow for (d) The PSW has no obligation to report specific supports for individual cases (k) FSW and PSW must work closely together collegial support and assistance in problem concerns related to a family except as when appropriate; and with consistent updates about all files: solving and decision making. The staffing expressly required under CFCSA, s. 14— (iii) Through advance planning, (i) FSW and PSW must attend requirements can be monitored and be however, if the recommendations regarding moving toward system that Huu-ay-aht cultural events so as to reviewed by the Implementation and Huu-ay-aht resources, programing and emphasizes keeping children build presence, continuity and trust Oversight Committee in year 3; advance planning for any protection at home and having safe adults within the community. measures are followed, this would move in to keep children in place This contributes to holistic and up (n) In order to attract and retain top significantly reduce any abrupt, unplanned if parents or guardians must be to date understanding of different experienced Protection Support Workers, or unilateral protection steps taken; removed (this can draw upon children and families situations—so ensure
70 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 71 (i) access to mentorship, managerial pregnant mothers (all pregnancies) with as an access barrier; and support, counselling and self-care health and wellness supports, including (d) Provide diaper allowance assistance support; and Elder Liaisons and Nurse-Family provided to all citizens who require it; (c) This requires monitoring by (ii) pay and benefits should be Partnership; Implementation and Oversight Committee benchmarked to senior social work (e) Provide school and activity assistance to ensure that all Huu-ay-aht citizens positions based on average across (b) Baby welcoming ceremonies formally (distinct from existing school funding who require treatment or counselling are Canada, including urban centers; and recognize the baby’s place in a Traditional program); and able to access those services in a timely House Group ̧ community and family, and manner. If services are not available, the (o) In order to ensure job performance so as to establish early connection with (f) Provide discretionary funding for other Implementation and Oversight Committee that meets the standards required to fulfill community and FSW; and emergency support (note: access to this is to advise Huu-ay-aht government on this role and meet the holistic needs of funding should be at the discretion of FSW options for developing Huu-ay-aht specific Huu-ay-aht families as described above, (c) Huu-ay-aht Baby Kits are distributed and/or PSW so as not to hinder prompt (or in conjunction with Nuu-chah- nulth and to function as a strong and tireless with healthy baby and parent essentials assistance to prevent crisis; oversight will Tribal Council) treatment options and/or advocate for Huu-ay-aht families, the terms (e.g. clothes, bath, safety seats, diapers etc.). be retrospective but also prompt, and expanded counselling services. The initial of employment for the PSW must enable subject to full monitoring and review by the review is to happen in year 1, including Huu-ay-aht to take responsive and effective Funding Requirement: $15,000/year. Implementation and Oversight committee). regarding sufficiency of funding to enable action if the standards are not being met. treatment and counselling access. Establishing these terms as a matter of This is to address travel and hosting costs Funding Requirement: $225,000 in contract will require legal advice. of ceremonies, kit content and delivery year 1, subject to monitoring by the Funding Requirement: $100,000 in wherever Huu-ay-aht babies are. Implementation and Oversight Committee. year 1 for increased assistance to access Funding Requirement: $180,000/year. treatment and counselling, subject to Recommendation 5: Huu-ay-aht should This includes vehicles and drivers for monitoring by the Implementation and This is based on salaries for two senior ensure robust food, necessities and shelter transportation assistance as well as Oversight Committee. social workers (plus overhead and benefits), assistance is available to its citizens as an discretionary funding and other listed based on the ranges set out for MCFD important prevention measure. In particular, allowances and funds. Implementation Recommendation 7: Build a Transition Social Program Officers as of 2017.109 Huu-ay-aht should: and Oversight Committee to monitor Support Program to assist Huu-ay-aht citizens needs and use of funds in year 1, and and families transition through the periods Recommendation 3: Huu-ay-aht should (a) Re-implement the Fresh Food Basket recommend best ways to provide support which many identified as making them ensure the Programs and Resources Program for all Huu-ay-aht who require it, and funding for families in need as most vulnerable, including after children described in these recommendations, and regardless of geographical area (if baskets important prevention measure. have been removed or upon their return those identified through the implementation, themselves cannot be delivered, grocery to the home, and as a family prepares for monitoring and oversight mechanisms funds and shopping support should be Recommendation 6: Ensure addiction one or both parents to undertake addiction recommended below, are available to be provided in lieu; treatment and mental health counselling is treatment, and very importantly, after drawn upon by the FSW and PSW to fulfill available to Huu-ay-aht citizens. Particulars of addiction treatment has been undertaken their prevention and protection support roles. (b) Provide transportation assistance in this recommendation include: and completed. The absence of transitional both Port Alberni and Anacla; supports was identified as a significant and Recommendation 4: Huu-ay-aht should (a) In the near term, this means continuing important gap for Huu-ay-aht citizens. implement expanded Pregnancy support (c) Provide shelter assistance (e.g. to assist Huu-ay-aht citizens navigate and baby welcoming programs. FSW should assistance with securing and maintaining existing systems to access treatment and It is important that the program Huu-ay-aht establish early connections with mothers accommodation as needed, including counselling services; builds fulfills the transition support function, during pregnancy (all pregnancies, not assistance with rent at times of crisis and but can also be used for other programming. just first pregnancies). Particulars of this preventing utility arrears)—note, this (b) This also requires the immediate Particulars of this recommendation include: recommendation are that: assistance can come to be provided also commitment of funds to access treatment through recommended Mothers Center in or counselling options that are not (a) Huu-ay-aht establish Day Centers (a) Expanded pregnancy support link Port Alberni and Safe House in Anacla; otherwise funded, so as to remove funding (immediately, and potentially as part
72 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 73 of larger future service and housing Recommendation 8: Implement support described below) are resident in Anacla. hub) in both Anacla and Port Alberni. and safety mechanisms in Anacla. Particulars (c) Transportation and accommodation These facilities must fulfill an important of this recommendation include that Funding Requirement: $90,000 year 1 funding should be provided to remove transition support function, but may Huu-ay-aht: for any required upgrades to safe houses barriers to attendance and participation for also be used for other programming and (a) Identify “safe houses” and provide (secure and safe rooms and doors), and youth and caregivers who live away from meetings (i.e. they may be developed more supports to those offering their homes for playground and activity park upgrade, Port Alberni and Anacla; broadly as “family centers”, but must have a this purpose (including security through with food and necessities support for safe (d) Activities should occur in Anacla and strong focus on transition programming); either volunteer, police or private security). houses. Ongoing funding requirements Port Alberni; and The goal is to establish informal safe subject to monitoring, oversight and (b) The Day Centers will house programs houses (people’s homes), as distinct from a recommendations by the Implementation (e) Huu-ay-aht must ensure youth have and activities to: formal institutional safe house in Anacla. and Oversight Committee. access to age and character appropriate This requires support from the Nation; activities: A range, including weaving and (i) Consolidate the outcomes of Recommendation 9: Ensure consistent drum making to connect with Huu-ay- aht treatment for those who have just (b) Increase the number of existing “host and more frequent cultural participation material culture; fishing and camping returned from residential treatment homes” in Anacla to enable more cultural opportunities are in place for all Huu-ay-aht to connect with the hahouthlee; and facilities (such as Kaackamin), and connection for youth and families who families and children. It is very important that storytelling to build connection to Huu-ay- they will also house AA or NA-type live away; these be consistent and frequent and part of an aht place and history. programs locally to provide a “step- overall dedicated framework to weave down” transition function; and (c) Hold more meetings and provide more Huu-ay-aht youth into the fabric of Huu-ay-aht Funding Requirement: $80,000/year to (ii) Provide sites for parenting services in the village (as distinct from, culture and community. More harm than good provide for increased travel, accommodation support and support for parents and in addition to, events and services at can be done in some cases by isolated “one off” and event costs due to increased frequency whose children are in care (e.g. Government Building); attempts to bring youth home and into of cultural events and activities. parenting education and workshops, Huu-ay-aht traditional territory. It can serve to liaison and support groups); (d) Increase the number of counsellors highlight what is not happening or is absent Recommendation 10: Ensure parenting servicing Anacla, so that citizens have from daily life of youth, and cause negative education and support tools are in place: (c) In addition to programming at Day a choice between counsellors of both effects. Instead of annual, such major events Centers, provide prompt and consistent genders; should be seasonal (linked for example to (a) Supports must be consistently available, in- home support for families in transition, Huu-ay- aht’s traditional round of seasonal at least in Port Alberni and Anacla, with including with the assistance of Elder (e) Make youth specific counsellors activities), with consistent smaller events flexibility and discretion to link to supports Liaisons, Counsellors, Cultural Support available to youth in Anacla; continuing regularly (weekly and monthly). in other geographical areas; and Workers and Family Support Workers; Particulars of this recommendation include (f) Provide regular transportation from the that: (b) Some parenting education tools may Funding Requirement: $160,000 in year Anacla village to the Government Building come from community members who 1 to secure two facilities (upgrades of and Health Center. In order to improve (a) Cultural and Youth Support Workers provide prevention and protection support, existing Soaring Eagle facility in Anacla, service uptake and connection with services will have a strong mandates to organize including Elder Liaisons (e.g. cooking, and lease in Port Alberni) and to provide and administration, this transportation consistent, weekly, monthly and seasonal shopping, companionship). programming (some paid, some volunteer). should be consistently and regularly cultural participation opportunities; This function would be overtaken by available, not just at times of appointments; Funding Requirement: $30,000/year Mothers Center in Port Alberni (see (b) Ha’wiih will ensure that youth and for workshop and education resources Recommendation 26), and overall (g) Update the playground, including families are being identified and recognized (additional to those provided for under Day sufficiency of ongoing funding would developing it for broad range of ages and within their House Groups and roles are Center Funding Requirement estimate above). be subject to monitoring, oversight and activities (e.g. bike/skate park in addition to being assigned within House Groups to recommendation by the Implementation updated playground; and ensure regular activities grounding in Huu- Recommendation 11: Implement a strong and Oversight Committee. ay-aht culture and community (e.g. fishing) anti-violence program, with strong outreach (h) Ensure some Elder Liaisons (as are being made available to youth; component to Huu-ay-aht people wherever
74 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 75 they live (e.g. Port Alberni, Anacla, Nanaimo, Society); (ii) Will invoke party status on youth led, having other community Vancouver etc.). This must: behalf of Huu-ay-aht under the members feel safe to step in and (b) Ensures Elder Liaisons can go into CFCSA and Huu-ay-aht’s Treaty in assist, working toward transitioning (a) Be supported by strong links with homes where children are currently in any Court matter; parents and children back together) community policing; foster care as an important means by (iii) Will have legal skills to effectively are dependent on diminishing which to maintain connection; and and proactively advance cases based parents’ feelings of alienation and (b) Ensure safe people and safe places for on full party status; disempowerment; women and children are available in each (c) Enables Elder Liaisons to assist PSW (iv) Will ensure Huu-ay-aht is given (ii) Attend all Court appearances community and assisting them to navigate so that Elder Liaisons: notice of any Huu-ay-aht child in and Internal Dispute Resolution to them; care— regardless of what Nation they appearances. (i) can go into homes in crisis to are registered in (to assist Huu-ay-aht (c) Be supported by anti-violence provide temporary care (avoid to implement Jordan’s Principle); Funding Requirement: $200,000 in each programs and working groups (such as the removal of children, remove only (v) Will enable early involvement, of years 1 and 2 for advocacy, preparation Turning Stones Tsu Tsuluw-t Tu Smeent parents if necessary); and before the protection order stage; and participation in court proceedings, in Cowichan Tribes, or Evolve from (ii) provide parenting support, (vi) Will take the current burden off including travel. Winnipeg); and including facilitating co-parenting Huu-ay-aht family support workers arrangements with foster parents (in time and substance) so as to allow Legal advocates are not retained in house (d) Direct Implementation and Oversight and transition supports for families. increased focus on prevention and to ensure Huu-ay-aht only incur legal fees Committee to implement an immediate development of appropriate care, as required by active files. This funding further research and outreach program to Funding Requirement: $65,000/year for culture and permanency plans; and requirement is for all three of Nation, youth learn from other organizations and First teaching and training elders to move in (vii) Will ensure Nation’s Internal and parent legal advocates, covering court Nations about promising approaches to anti- to formal roles of support, and to pay Dispute Resolution body is used as proceedings wherever they are set in B.C. violence work and make recommendations per diem to Elder Liaisons (scaled to Alternative to BC Provincial Court This emphasizes weighting a significant to Huu-ay-aht government hourly wage of FSW). The scope of the when appropriate. up-front investment so as to ensure program and sufficiency of funding is proactive advocacy is applied to the current Funding Requirement: $50,000 in year subject to monitoring, oversight and (b) Legal Advocate for Children and Youth: list of active files. However, this work 1 for workshops and public speakers recommendations by the Implementation should diminish as FSW and PSW work and for targeted research and outreach. and Oversight Committee. (i) Will maintain a child centered takes effect. Ongoing scope of legal services Further programming and funding and rights of the child focus to all budget will be subject to monitoring, requirements to be informed by research, Recommendation 13: Retain Legal proceedings (enforcing rights of oversight and recommendations by the and subject to monitoring, oversight and Advocates to formally represent youth, the child under UN Declaration of Implementation and Oversight Committee. recommendation by Implementation and parents and Huu- ay-aht in court processes Rights of the Child, and rights of Outreach Committee. related to any protection proceeding involving children in care under s. 70 CFCSA, Recommendation 14: Huu-ay-aht to Huu-ay-aht youth or their families. Separate and to act as strong advocate for best implement Jordan’s Principle. This requires Recommendation 12: Build an Elders advocates are required for each party (and interests of the child); and that Huu-ay- aht: Liaison and Support Program that: will only be required and paid when files (ii) Attend all Court and Internal are active). The advocacy work of the Legal Dispute Resolution appearances. (a) Does not limit support and assistance (a) Puts in place elders training and Advocates will complement the advocacy of merely to those children who are registered education programs so that elders and the PSW and FSW, but will be specific to legal (c) Legal Advocate for Parents: on Citizenship List. This stems in part from those who are ready to move in to the role proceedings and court appearances. (i) To help break the cycle of the recommended commitment to provide of elder (as confirmed by the community) disempowerment that can lead Wrap Around Lifecycle Care. This will are equipped to take on liaison and support (a) Legal Advocate for Huu-ay-aht: to protection proceedings —the mean assisting and caring for roles in accessing health care, mental other measures recommended here Huu-ay-aht parents and grandparents who health care, and services (such as Elders (i) Will attend all Court appearances (involving parents in early planning, are concerned about or involved in the Program at Vancouver Native Health in BC involving Huu-ay-aht youth; having care plans be parent and care of their children and grandchildren.
76 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 77 (b) Will monitor reports and Recommendation 20: Pursue and continue Huu-ay-aht support should not be limited support workers (from provincial recommendations made by the significant engagement with children and merely because is not a Huu-ay-aht citizen government) to facilitate the process. Implementation and Oversight Committee youth, including the development of a Huu- (e.g. the child may be registered under the and monitor Huu-ay-aht government ay-aht Youth Council. Engagement with first nation of the other parent); and Funding Requirement: $20,000/ responses and actions, and make children and youth, and the Huu-ay-aht Youth year, largely to assist with travel and monitoring reports public. This will be Council will: (b) Does not make Huu-ay-aht families fight accommodation expenses to facilitate full an important aspect of transparency and for resources from senior governments and participation by family and supports. accountability in advancing initiatives (a) Include youth both in and not in care; external agencies. The Nation should step to bring Huu-ay-aht children home and in to provide supports when and where Recommendation 16: Establish a Quality improve outcomes for youth and families; (b) Be a significant part of the mandate families need them, and the Nation should Assurance Committee. Minimum of Huu-ay-aht’s current youth program take on any efforts needed to recover costs requirements include: (c) Will function as systems advocate administrators; from external agencies. As between a for Huu-ay-aht youth and families— struggling or vulnerable family, and the (a) Monthly (or more frequent as required to explain and ensure that youth and (c) Liaise with and participate in youth Nation, the Nation is in the better position at times of crisis or high activity for certain families are accessing and receiving all engagement initiatives of the Nuu- to take on any of these battles. Note too that families) meetings to monitor all files for wrap around support services that are chah-nulth Tribal Council and Office of if Huu-ay-aht has negotiated agreements children in care and all active prevention available, and ensure FSW and PSW Representative for Children and Youth; with senior government on these matters, files; exercise their full mandates with respect many of these issues may not be matters of to each youth and family. (d) Include a concentrated Huu-ay- battle but rather of inter-governmental and (b) Composition requires senior staff aht youth engagement program that inter-jurisdictional cooperative planning. from each of Nation (Executive Director (d) Must be independent of any Huu-ay-aht integrates the experiences and voices and Director level), MCFD and Usma as government department, and reports must of youth in care with the broader Huu- Planning, Decision Making and well as a Huu-ay-aht PSW. Social workers be public—this independence must be ay-aht youth. Specific time and space Monitoring Structures from MCFD and DAAs assigned to files established by legislation providing for the should be dedicated to youth in care, to will provide reports to Quality Assurance above responsibilities. ensure that their input is being integrated Recommendation 15: Implement Family Committee in addition to their internal into Implementation and Oversight Group Conferencing (“FGC”): accountability; and Recommendation 18: Immediately develop Committee monitoring, oversight and Permanency Plans for each Huu-ay-aht recommendations; and (a) Is to start at least on day 1 after any (c) That the Quality Assurance Committee youth currently in care. These plans: investigation or steps taken under advises the Implementation Committee of (e) Ensures that the Huu-ay-aht Youth provincial legislation—but with PSW any broader issues that need addressing in (a) Will be developed with families through Council advises the Implementation and mandated to convene FCG before any steps implementation. Family Group Conferencing and subject to Oversight Committee. are taken under provincial legislation (part Quality Assessment Committee monitoring of early family planning process). The PSW Funding Requirement: $20,000/year to and enforcement. Funding Requirements: $50,000/year to (and FSW) are to participate as appropriate; support meetings and travel. facilitate travel and accommodation for Recommendation 19: Continue Culture Plans youth, and engage speakers and space for (b) Operates under Huu-ay-aht’s Recommendation 17: The Citizen for Huu-ay-aht youth in care. These plans: youth engagement. Sufficiency of scope traditional definition of family—broad Development Officer, which is already and funding for youth engagement to family, including calling on Traditional provided for under Huu-ay-aht legislation, (a) Will be developed through Family be subject to monitoring, oversight and House Group responsibilities as required must be appointed at all times and: Group Conferencing (FCG) and will be recommendations by the Implementation and appropriate; subject to Quality Assessment Committee and Oversight Committee. (a) Must function as external independent monitoring and enforcement; and (c) This may include shared or co- monitor and systems advocate (similar Recommendation 21: Traditional Houses parenting arrangements including with to the function of the Representative for b) Will be subject to more extensive Groups, under leadership of Ha’wiih and foster families; and Children and Youth at the provincial cultural programing. matriarchs must: (d) Draws upon collaborative family government level); (a) Determine connection and place of all
78 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 79 Huu-ay-aht youth and their families within to Huu-ay-aht government (e.g. recommendations. The Committee may Huu-ay-aht individual or family Traditional House Groups; recommended anti-violence also include membership and/or retain without notifying programming); and services and advice by contract; and Huu-ay-aht through a PSW (b) Recognize youth and their families, (iv) Liaise with external bodies to (or designate) in advance and welcome them—no matter where they live; keep up to date and be a leader in (f) In recognition of the significant up front undertaking best efforts to minimize dialogue and planning to improve workload for the Implementation and disruption, anxiety and harm for (c) Assign roles within the Traditional outcomes for indigenous youth (e.g. Oversight Committee, it is recommended families, including by following House Group to support and care for youth Office of Wet’suwet’en, Sts’ailes First that the Committee have the assistance of a any advance plan developed by the and families; and Nation etc.); facilitator for the first two years. family. Alternatively, MCFD or Usma (v) Oversee external consultations will have made every effort to do so (d) Assign roles to ensure cultural required by Treaty, which requires Funding requirement: $150,000/year pursuant to specific and enforceable connections are fostered and the Huu-ay-aht government including external advice/participation, mechanisms; consistently maintained. to consult with non-members travel, research, and communications (iii) Provides that the PSW attend all concerning decisions that will support. These funds also contribute meetings and home visits; Funding Requirements: $5,000/year to directly and significantly affect those to internal reporting and Huu-ay-aht (iv) Establishes Quality Assurance facilitate meetings to support youth non-members law development. Committee cooperation and and families (s. 13.6.1) (e.g. Foster parents who framework; currently care for Huu-ay-aht (v) Ensures Huu-ay-aht may require Recommendation 22: Establish an children; and Huu-ay-aht staff, Usma Negotiation and Jurisdiction the formal removal of government Implementation and Oversight Committee that: and MCFD.) social workers from files involving Recommendation 23: Huu-ay-aht should Huu-ay-aht children or families if (a) Will monitor and oversee the (b) Oversees negotiations with senior negotiate significant cooperation and social workers do not demonstrate implementation of the recommendations governments and external agencies (as partnership with provincial and federal trauma informed approach that and ensure the principles underlying these addressed in recommendation 23) governments in the following areas: adheres to principles of cultural recommendations are being met, and make safety;110 further recommendations to Huu-ay-aht (c) Will meet at least monthly for first two (a) Negotiate enforceable agreements with (vi) Requires that Usma/MCFD government. This will include: years; and MCFD and Usma to ensure cooperation advises Huu-ay-aht of any (i) Monitoring internal Huu-ay- with Huu-ay-aht that: involvement with any and all Huu- aht implementation and receive (d) Will make quarterly reports with (i) Establishes clear understanding ay-aht children, not just those who information from the Quality recommendations to Huu-ay-aht Executive of role of the Huu-ay-aht PSW. are on the Huu-ay-aht Citizenship Assurance Committee, Huu-ay- Council. As noted, the Citizen Development Formal recognition of goals and List and establishes federal and aht Youth Council and Director of Officer will monitor and report publicly on purpose of Huu-ay-aht wrap around, provincial government cooperation Community Services to make public Huu-ay-aht government responses to and prevention- focused support system in identifying families of Huu-ay- recommendations to Huu- ay-aht actions on Implementation and Oversight is needed. PSW should be familiar aht youth (instead of federal and Executive Council regarding future Committee recommendations. with the family before receiving any provincial government agencies actions and funding and resource notice from MCFD or Usma, and will citing privacy as rationale against requirements; In addition: be able to know what supports are this cooperation); (ii) Liaise with subject matter experts (e) The Committee will be independent being accessed (through liaison with (vii) Identifies and removes culturally to develop monitoring criteria (e.g. of Huu-ay-aht government to FSW), and that the pre-developed and historically inappropriate and Office of Representative for Children ensure independent assessment and plan (developed by family) is unnecessary barriers to Huu-ay-aht and Youth, University of British recommendations made to government. to ensure continuity of care for citizens becoming qualified as foster Columbia Human Early Learning The Committee may include Huu- children; parents/safe houses for Huu-ay-aht Partnership (HELP)); ay-aht staff, but independent of the (ii) Obtains commitments that children and takes a historically (iii) Commission research as required Department of Community Services to neither Usma nor MCFD will and culturally informed approach to inform further recommendations ensure independent monitoring and unilaterally communicate with a to establishing qualifications (e.g.
80 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 81 address the role of criminal record RECOMMENDATIONS FOR NEAR Tribunal under s. 104 of CFCSA that (a) We have recommended this for near checks, housing requirements, etc.); TERM DEVELOPMENT AND Nuu-chah-nulth Tribal Council is already term instead of immediate development (viii) Ensures MCFD provides access IMPLEMENTATION considering; and because there has been significant recent to resources including collaborative community engagement as part of this family support workers and Recommendation 24: Establish committed (c) Huu-ay-aht should direct the Panel’s work, and we anticipate there will permanency specialists to assist long term funding dedicated for Huu-ay-aht Implementation and Oversight be significant community consultation Huu-ay-aht in meeting goals for Wraparound Lifecycle Support that: Committee, in consultation with the in the near term as the Huu-ay-aht Huu-ay-aht youth and families; and Quality Assurance Committee, to develop government consults with the community (ix) Provides that Huu-ay-aht will (a) Uses Huu-ay-aht’s “statutory spending recommendations regarding how best to about this Panel’s recommendations, and undertake the guardianship role authority”111 to dedicate minimum funding implement Internal Dispute Resolution their implementation. Therefore this in place of the Director (through with an earmark to a percentage of the as alternative dispute resolution for child allows time before a consistent, structured the Nation may designate this overall Funding Requirement to remove the and family protection matters. community engagement program is responsibility if necessary, pending vulnerability of committed funding to the implemented—this is helpful, because amendment to provincial legislation). annual Funding Requirement process; Recommendation 26: Work to establish community engagement around the a center modelled on the Vancouver difficult and sensitive matters that are (b) Negotiate funding agreements with (b) Directs the Implementation and Aboriginal Mothers Center. In particular: inherent in discussions about child and provincial and federal governments as set Oversight Committee to develop a family welfare must be carefully structured out in Appendix B – Huu-ay-aht Children proposed framework and statutory (a) The center should: and be trauma informed. Determining the and Family Jurisdiction Negotiations. language for dedicated funding; and (i) Provide transitional and supportive appropriate structure and forums for Huu- housing to keep families together; ay-aht citizens must be done carefully. (c) Begin negotiations under Treaty (c) Is developed through consultation with (ii) May eventually look at commitments to negotiate expanded all three pillars of Huu-ay-aht government transitioning to family support rather (b) Huu-ay-aht should direct the jurisdiction over child protection for Huu- to establish legitimacy and security of the than just mother support, but to begin, Implementation and Oversight ay-aht children in B.C., (i.e. beyond Huu- funding commitment.112 builds on the success of Aboriginal Committee to develop a proposal for ay-aht Treaty lands). This may contemplate Mothers Center in Vancouver; Community Engagement Program, with phased entry to that for a period and Huu- Recommendation 25: Designate a Huu-ay- (iii) Be established in Port Alberni; and reference to existing recommended and ay- aht may delegate removal functions to aht Decision Making Body (e.g. the Huu-ay- (iv) May become a hub for service active models (e.g. Touchstones of Hope an external agency; and aht, Tribunal, Elders Council or other body) delivery; and Circle of Courage models), including as an Alternative Dispute Resolution Body role and scope of role for counselling and (d) Negotiations will be overseen by the (to replace the Provincial Court’s role in (b) Huu-ay-aht should direct the trauma support workers. Implementation and Oversight Committee, decision making around Huu-ay-aht children Implementation and Oversight Committee as provided for in Recommendation 22. and families): to engage with the Nuu-chah-nulth Tribal Recommendation 28: Put in place sufficient Council, specific Nuu-chah-nulth Nations, education and teacher resources in Funding Requirement: $250,000/year over 2 (a) This can be done immediately under and provincial and federal governments Bamfield and/or Anacla to close the resource years, including travel and accommodation alternative dispute resolution provisions to consider partnership on Aboriginal gap that requires Huu-ay-aht children to leave as well as negotiation, legal and public of the CFCSA, and can be advanced by the Mothers Center, to ensure directed and the community for schooling after completing service expert advice. These funds also Nation’s Legal Advocate in individual cases, efficient service. junior school grades. contribute to internal reporting and to if appropriate or this can be advanced Huu-ay-aht law development. systemically under Huu-ay-aht’s self- Recommendation 27: Huu-ay-aht should Recommendation 29: Exercise Huu-ay- governing power and through cooperation establish a consistent Community aht’s law making power over adoption with the provincial government; Engagement Program to continue to ensure culturally appropriate limits on community engagement and receive input adoption of Huu-ay-aht children in B.C. Huu- (b) Huu-ay-aht should also continue to on matters related to child and family health ay-aht should direct the Implementation and work with the Nuu-chah-nulth Tribal and well-being. Oversight Committee to recommend a legal Council regarding the creation of a structure based on community engagement,
82 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 83 discussions with provincial government and legal advice, within 2 years.
Recommendation 30: Huu-ay-aht Leadership will itself need to commit to: CALLS TO ACTION (c) strong advocacy for Huu-ay-aht youth 10 and families;
(d) advancing a strong, open and united voice against violence among Huu-ay-aht people;
(e) ensuring the financial and human (a) This call is also made to Huu-ay- resources are in place for healing multi- HUU-AY-AHT CITIZENS aht government, but it can be driven by generational trauma; and Citizens should immediately look within citizens too. (f) ensuring, through community themselves: (b) This is not a light recommendation— consultation and engagement, an alliance nor does it need to be a heavy burden. between leadership, staff and citizens on (a) Determine whether they can put Citizens were hungry for this, as were foster the path forward for Huu-ay-aht youth themselves and, in some cases, their homes and adoptive parents who want to work and families. forward to support Huu-ay-aht families and youth in need. with the Nation to maintain connections for youth. An anecdote we heard more than (b) Determine whether they can put once was how meaningful it is for youth to themselves forward to assist in supporting be taken fishing, or camping, or to be told other Huu-ay-aht citizens through difficult stories that are grounded in Huu-ay-aht transitions, including upon returning from history and culture. These are initiatives treatment (assistance can come for example that can be taken up by individual citizens. through volunteer AA or NA programs) or upon having a child removed or returned (assistance can come for example through HA’WIIH, MATRIARCHS AND in home or parenting supports). HOUSE GROUPS:
(c) Identify any barriers to doing either of Traditional House Groups have been the above and bring those forward to the working already toward identifying Implementation and Oversight Committee and recognizing their members more so that they can be considered and expansively. This is an important initiative recommendations can be made on how to that can be immediately harnessed toward remove those barriers. building important connections and supports for Huu-ay-aht youth and their Citizens should work among themselves to parents. House Groups should proactively build many more social and cultural coming identify the children for whom each house together opportunities in both Port Alberni has responsibility, with a particular and and Anacla, as well as in Nanaimo, Victoria immediate focus on children currently in and Vancouver. care or who are identified as vulnerable.
84 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 85 “It starts with us, not the children. We in government must also advance a strong, always seem to blame someone else. But it open and united voice against violence among starts with us.” - Ha’wiih Council member Huu-ay-aht people. And most fundamentally, Huu-ay-aht government will need to make APPENDIX A: ADDRESSING Ha’wiih and matriarchs are well positioned to legislative and funding commitments to ATTACHMENT, TRAUMA, take up the responsibility of assigning roles ensure the financial and human resources are 11 within the House Groups to ensure cultural in place for healing multi-generational trauma and even support connections with youth in the Huu-ay-aht community. VIOLENCE AND ADDICTIONS and vulnerable families are distributed with accountability back to the House Group. This will weave in the greater cultural exposure that we heard a call for, as well as PROVINCIAL AND FEDERAL providing another pillar of support to Huu- GOVERNMENTS Part I of this Appendix describes the having children enter care traumatized ay-aht families and to the formal Huu-ay-aht effects of attachment, trauma, violence and families and children. They want to look administrative and staff structures that we The provincial and federal governments addictions which informed the development at alternatives, which would preserve most recommend. have an important role to play in working with Huu-ay-aht First Nations toward better of the Panel’s recommendations. Part II of this of their ties. Ministry care, especially non- outcomes for Huu-ay-aht children and Appendix outlines various resources and indigenous care disrupts their attachments to families, and keeping Huu-ay-aht children models that were considered by the Panel and people, culture and language. HUU-AY-AHT ADMINISTRATION safe, healthy and connected with Huu-ay- are listed here to provide a further resource to aht community and culture. This includes Huu-ay-aht should further efforts be focused Adjustment disorder means a person will Our recommendations put a significantly resource and funding contributions in support on healing multi- generational trauma, which likely have difficulty adjusting—this can expanded role and responsibility in the of renegotiated service and jurisdictional is inextricably linked to the wellbeing of be expressed for some kids with a lot of hands of Huu-ay-aht staff. Huu-ay-aht staff roles in providing prevention and protection Huu-ay-aht children, youth and families. anxiety or feelings of depression or difficult and administration must carry on the hard services to Huu-ay-aht children and families. behaviours. In some case this can be work they have already begun, and fight for “The children are the (First Nations’) most alleviated with a supportive environment or Huu-ay-aht children and families. They must precious resource.” -Willie Charlie, (BC 1st forming supportive or caring relationships. embody the trauma informed approaches that Nations Children and family Gathering, However, depending how it happened, truly take into account the multi-generational May 30/31st, 2016, page 21) “removal” (also referred to frequently as impacts of colonialism. These impacts are “apprehension”) of a child can lead to Post deeply real, but they can also be overcome. Part I – The Effects of Trauma: Attachment, Traumatic Stress Disorder (PTSD).114 This The approach, advocacy and dedication of Trauma, Violence and Addictions is a condition where a shocking event leads staff working with children and families is a children or adults to “relive” frightening key factor in whether this is so. “Every Day is a lesson.”- Huu-ay-aht Elder moments, be triggered by reminders and become on edge and irritable. PTSD can be Going into care for any child, is a life- healed, but this takes more effort and can HUU-AY-AHT GOVERNMENT changing disruption of what they know. It lead to other issues, as we will discuss below. often leads to what is called an “Adjustment 113 Huu-ay-aht government must ensure, through Disorder” in psychiatric terms, however this What is “Attachment”? community consultation and engagement, an emotional disturbance may settle in a very alliance between leadership, staff and citizens supportive environment. If this child is in real Attachment is a natural connection that on the path forward for Huu-ay-aht youth and danger, removal can be a relief, but studies occurs between a baby and his or her families, and then must give a clear mandate show that most children go into care due to caregivers for life. It begins as newborns, and and direction to Huu-ay-aht administration neglect, which often includes poverty, and continues as the child gradually forms sense to carry out the measures required. Leaders other factors that could be fixed. The majority of who she or he is. Attachment is seen in all of people interviewed by our panel felt that
86 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 87 humans, and is an important “cornerstone” Being with other family and community ongoing effects can result in unconscious self- PTSD and Complex PTSD idea in all of psychiatry and psychology.115 members can help this situation. sabotage through poor relationship choices Attachment helps a child feel safe, loved and life decisions made in desperation and or “the abuse by my uncles and cousins and protected. In traditional societies it also What happens when the child with from a place loss of hope and low self-esteem. flooded back...” -Huu-ay-aht woman gives a sense of belonging to one’s tribe or attachment problems grows up? nation. Huu-ay-aht attachments were created Some adults who were abused in residential PTSD is a serious psychological condition that over thousands of years and include secure All adults need supportive relationships schools or in care (certainly not all) may arises out of abuse or neglect. It can happen attachments to community and to creator and their whole life, but these can be very out of abuse other community members, including to very small children, youth and adults. spiritual forms of attachment. balance when inter-generational attachments sexually. It is important to recognize that most Different age groups show it differently. have been disrupted. For example some of the survivors of sexual abuse don’t abuse others, There has been significant research on following may result: but some do. If this occurs in a relatively small The DSM V Classification of psychiatric attachment, mainly in the last 60 years or so. community (such as on reserve), it makes it diagnoses defines PTSD as occurring118: Initial research was done in Uganda, America (a) delays in social skills; hard for survivors to go home, because the and many other societies. While literature on abuse is now happening in their extended (a) after a witnessed or experienced attachment is instructive, much of it is based (b) lack of trust in others; family or home community. traumatic event or events; on western science so must be considered in this light. (c) fear of re-abandonment; Adults have attachment styles too, which (b) re-experiencing the event in memories, shows up in their parenting styles. A actions or nightmares; Attachment is specific to one child and (d) search for “numbing” of pain with research tool called the Adult Attachment caregiver. A child can have one type of alcohol, drugs and a destructive lifestyle; Interview (AAI) has shown that children (c) being triggered by discussion, places or attachment with one adult and a different who grow up with a certain type of caregiver reminders of the event(s); kind with another adult. Multiple attachments (e) risk-taking behaviour; and attachment, have predictable ways of are possible. Research has shown four parenting their own children in the future. (d) feeling differently emotionally main types of attachment: Secure; Insecure- (f) an intense search for soothing of anger This is how multi-generational trauma and about self and having altered emotional Avoidant; Insecure-Ambivalent; and and sadness; effects of cultural genocide move from one expression from before, and Disorganized or type “D”. generation to another, and lead to emotional (g) resenting others, and competing with and cultural problems. (e) being “keyed up” with hyper-vigilance, A secure attachment gives a child their best peers more than necessary; fears, sleep disturbances, irritability or chance, but kids can do well with help even if Common Adult Attachment patterns with other symptoms. their attachments are insecure. (h) some may give up on closeness with their children (from the AAI) include: others, and What types of traumas can cause PTSD? Disorganized attachment116 is the most serious (a) Autonomous: this is the most type, where the parent is often frightening to (i) their children are more likely to be well-balanced and goes with “secure All traumas are hard on people emotionally, but the child, frightened by things, or just “gone” removed into care due to this cycle. attachment” (see above); more severe ones are more likely to cause full or and not easy to reach, even when the child severe PTSD for a child or adult. For example: needs the parent. Even as adults some are still hungry for (b) Dismissing: this goes with “avoidant “ attachment and unconditional love (the parent-child attachments (see above); (a) a child may see parent harmed or The child’s “dilemma” in a disorganized “child” inside has unfinished business)—even abused by others; attachment is that the person they need though they are now parents themselves— (c) Preoccupied: goes with “ambivalent” and want to be with is also the person who and they may act this out in their adult parent-child attachments (see above), and (b) a child may witness severe family frightens or even sometimes harms them. romantic relationships. This is further dysfunction and fights; They need this adult to survive but also are complicated by the fact that adults are sexual (d) Unresolved/Disorganized: goes with afraid of them. So, if it continues, this is a beings, and may become romantically or disorganized parent-child attachments (c) a child or parent may be abused in 1 or situation that affects the development of the intimately attached to people that are similar (see above).117 more ways; child’s brain, mind and view of the world. to those who mistreated them in past. These
88 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 89 (d) a child may be severely neglected; and indigenous people are over-represented in the The Importance of Truth Telling disruption due to residential schools and loss population of people who have addiction(s), of child custody due to removal of children (e) witnessing parents’ personality and many experts point to one major reason: The truths revealed by the important work from families are major causes of despair and change under the influence of alcohol poverty. Addictions can lead to poverty, but that has preceded this Panel’s work (i.e., self-medication both in youth and parents. or recreational drugs, or during recovery more commonly, poverty conditions and the Truth and Conciliation Commission’s Research shows that alcohol is tied to cultural from these, resulting in frightening other “social determinants of health” lead to findings, the truths investigated and reported breakdown in North American indigenous behaviours by adults. disproportionately more illness, addictions by the Representative for Children and Youth, peoples.124 Now there are many additional and a less healthy lifestyle in several ways. the further truths revealed by the Canadian toxic hard drugs that play a role in this. When Trauma is repeated and lasts over a Human Rights Tribunal 2016 decision and by On a personal level, shame from loss of period of time, some people develop “Complex Social Determinants of Health the report of Special Advisor Grand Chief Ed connection, loss of culture or education PTSD” where their outlook on life, personality, John) all contribute to identifying steps (traditional or otherwise) and trauma such as mood, self-image and many more things are The social determinants of health Huu-ay-aht can take to lead toward healing childhood sexual or physical abuse can lead to changed. This takes more time to heal.119 include factors such as: income (poverty); and justice for its children. substance use disorders. availability of social support; early childhood The ACE (Adverse Childhood Experiences) development; education; employment; But truth telling is equally important within Often people first develop a psychiatric Study:120 housing; and gender. Social determinates the Huu-ay-aht community. Among our issue, like Post-traumatic Stress Disorder are impacted by “upstream” and hidden recommendations is the recommendation (PTSD-see previous section) or depression, The groundbreaking ACE Study showed that structural forces. For instance, in the case that Huu-ay-aht continue the process of and then begin to self-medicate with alcohol the effect of childhood losses and adversity of indigenous peoples’, ongoing challenges community engagement and dialogue that and/or hard drugs (cocaine, crack, crystal led to higher lifelong risks including from the impact of colonization, inter- has been a part of this Panel’s project. As we methamphetamine or heroin). Sometimes it is increased diabetes, heart disease, cancer and generational trauma, residential schools, state in our recommendations, this must be the other way around. other general health concerns—far beyond systemic racism, jurisdictional ambiguity and done in a careful and structured manner, with mental health alone. Many people and health lack of self- determination exert a significant safety supports in place. But it must equally Some prefer to describe their substance use care experts were shocked by the degree to influence on health and its determinants be approached with honesty and the goal of disorders as “partying” at first, only to realize which medical problems are connected to (Andermann, 2016, p. E474).122 building trust and safety within the community. that they were using their addiction lifestyle poverty, cultural breakdown and other family- to avoid underlying pain and confusion. related stresses. Large studies now show that As the Panel heard, in Huu-ay-aht these factors A. Addictions (Substance Use Disorders) and When people find a safe place to look at traumas are a leading cause of premature have all taken their toll, and generations have Mental Health in the Huu-ay-aht their substance use, and ways to understand death and disability. suffered from decisions made “for” them rather it, they can move forward in their lives as than by them or with them. The new 2011 There are many common reasons for discussed below. Due to poverty and socioeconomics, this study Treaty begins to turn the tide in their favour, substance use that run through Huu-ay- is highly relevant to the health and mental but change takes time. As one Huu-ay-aht told aht and other nations. Foremost is the role McCormick refers to native literature health of indigenous peoples who, in addition the Panel, “unlearning” is needed. substance use disorders or “addictions” play labeling alcohol as a “bad spirit” that enters to PTSD and addictions, also suffer more in self-medication of trauma and loss. Like a people.125 For many indigenous people, anxiety, mood disorders, violence, suicide, Part II – Resources for Healing: huge “band-aid”, people often describe using alcohol is closely connected to the impacts of diabetes and other health conditions due to Rebuilding and Finding Resilience substances while the issues underneath are colonization. adverse socioeconomic conditions. left to worsen inside of them. This often starts “Children, (she said), needed the with young people. There is also strong scientific evidence for a Socio-economic level, mental health and five A’s to grow and be happy, and genetic vulnerability to alcohol.126 addictions: Poverty to have the “scaffolding” to build What are these “underlying issues” that lead their lives on: Attention, attunement, to addiction? A lot of negative judgment affects people with Addictions occur in every part of society in acceptance, appreciation and affection.” substance use disorders, showing reluctance all kinds of people. A recent US estimate -Jane Middleton-Moz, Community We have heard directly from Huu-ay- in society and families to accept the notion of noted that only around 5 % of addicts were Intervention Expert (2015, p. 1) aht citizens, and through the reports of addictions as a medical condition. so-called “skid row” addicts.121 However, broader indigenous experience123 that family
90 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 91 Substance Use Disorders (also referred to disorder is a newer idea, which has rapidly more of this. Addictions and violence were multi-generational trauma. Some of these as addictions) gained acceptance in health care. This is often mentioned to the Panel as the two main resources are being recommended for important because in the past, people trained issues affecting the Nation and the Nations’ Huu-ay-aht to start and some already exist in Substance use can lead to four different types in psychiatry and psychology were more children (as witnesses and sometimes victims, or near the Huu-ay-aht communities. of disorders: comfortable with diagnosing and treating when leading to removal from their homes). mental health conditions like anxiety, When youth have witnessed or suffered These resources below work together, to (a) Substance Use Disorder; depression and PTSD while addictions violence, this can result in their re- enacting strengthen many parts of the lifecycle at the specialists were more used to treating these behaviours as children and adults. same time. Sometimes one type of treatment (b) Substance Intoxication; addictions only. Patients or clients reported As with sexual abuse, this does not mean is need more urgently than others at a having both kinds of problems but their that everyone who has suffered this will go particular time for a particular person or (c) Substance Withdrawal; and psychiatrist would say they needed to get the on to hurt others, but some will. Individual family. Different helping models can also be addictions treated first. Then they would go to and community healing can help, through “blended” to suit the needs and preferences of (d) Substance Induced Mental Disorder the addictions counselor and they would say treatment, mentorship and support. the person. (such as Amphetamine Induced Psychosis to get the mental health problem treated first, or alcohol- related hallucinations). before they would treat the addiction. Healing and Treatment Models and Resources Huu-ay-aht citizens often said they wanted for Huu-ay-aht First Nations—Addictions their children and grandchildren to have In current literature, the Diagnostic and This was very unfair and hard on the patients and Family Violence: counseling early, before problems start. Both Statistical manual of Mental Disorders, 5th or clients. Now the “Concurrent disorder” western and traditional methods were used ed. (DSM 5) refers to Substance Use Disorder framework allows both conditions to be “I wish for a system, that, when you and mentioned in interviews. as “a maladaptive pattern of substance use treated at the same time, and often in the apprehend a child, you look after... the leading to clinically significant impairment same clinic. entire family.” -HFN member People need connectedness to heal, but or distress”, as manifested by two or more sometimes, as a first step, they prefer to go criteria on a list of symptoms over a 12 month Harm Reduction “Being removed helped me see lots of outside of their community—to someone period. Some of the criteria on the list include: people you can’t trust—but some you can” trusted but outside their Nation. These This refers to nonjudgmental treatments -HFN youth “trusted outsiders” might be a nurse, (a) failure to fulfill major role obligations at and approaches that don’t require full counselor, doctor etc. work home or school, abstinence from all substances but aim, “Someone should move in with the parents rather, to reduce harm—for example, by using and the kids—to show them (how)...” General wellness measures: (b) use of substance when it is hazardous milder substances and/or lesser amounts of a -HFN citizen (like driving a vehicle) and substance. It focuses on keeping people safe “We can do it in-house.”-HFN citizen Huu-ay-aht citizens can “start somewhere” and minimizing death, disease and injury in healing: there are no wrong doors! When (c) “tolerance” (the need for much larger associated with higher risk behaviour. It can “Sometimes it would work if we co-parent. someone “surfaces” in their life, and wants amounts of the substance to get the same also refer to using substances more safely. I believe in family.” -Foster Parent of help, we must help them right where they are high or effect).127 The primary goal is to reduce harm, not European background in life. That is why this Panel has emphasized necessarily reduce use. People can stop using that as a priority Huu-ay-aht First Nations Addictions affect families and relationships, completely, or reduce their use and dangers.130 “Kids would come to my house—they need invest in ensuring that wraparound lifecycle especially when the person using or family a safe place.” “Extra food—think of the supports are made available to all of its members engage in denial or enabling of the B. Family Violence in the HFN children.” -HFN grandmother citizens, no matter their age or where they are substance use.128 in life. Violence and family violence is often seen as “I always had a witness when I met with Concurrent Disorders spousal or partner abuse in relationships-and Usma. My kids are with me now.” Many Problems are solvable: they can occurs in every community in this country. -HFN Parent be helped! Concurrent disorder refers to having an When the social determinants of health addiction and a mental health problem are stacked against communities, it makes In the section below the Panel Many problems can be prevented! (like PTSD) at the same time.129 Concurrent people feel more desperate, and can lead to identifies resources helpful to healing
92 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 93 Key wellness measures include: Pregnancy and Early Childhood Wellness: available part time for diagnosis and not for family violence treatment specifically). medication treatments when needed. No (a) Traditional healing- “Culture is “Becoming a parent is rocket fuel for specific child mental health resources are Treatment specific for addictions medicine” (brushing, smudging, change”. - Promising Practices, 2015, p. 1 available in Anacla. blanketing, songs and prayers in HFN It has been noted in a report from the BC First 12 STEP At home: Alcoholics Anonymous, language).131 (McCormick, 2009, in Nations and Aboriginal Maternal and Child Resources for Adults: Narcotics Anonymous or “Smart Recovery” Kirmayer and Valaskakis) Health Promising Practices Working Group (a newer step program) could be started in that teen pregnancy is 4 times higher among (a) A mental health center is available in Anacla, even if the startup is small. Or a (b) Community Healing circles: “Culture is First Nations girls. They recommend that Port Alberni to address mental health & group with similar focus could be created medicine” to rebuild trust and connection maternal child health programs be offered wellness in adults with depression, PTSD, by Huu-ay-aht. One cultural support worker within community. to all pregnant women and families with anxiety etc. said she started a program in her community young children, until the children reach the and it took many weeks before people started (c) Time with elders and knowledge age of 6, regardless of location. It should be a (b) Quu’asa Program: (Through NTC, coming regularly, but she kept “showing keepers: healing stories, resilience stories combination of groups and home visits. serving Port Alberni and other regions) up and making coffee”. Standard 12 step about Huu-ay-aht role models and mentors, uses traditional cultural and spiritual programs have not necessarily been helpful or especially for youth. (a) “Mother’s Story” is an indigenous practices to support and promote mental embraced by indigenous people, but Huu-ay- program with similar features to “nurse- and emotional healing for former aht members and elders could build their own (d) Exercise and activity. family partnership” developed by the Nuu- Residential School survivors and their program by adapting the existing models with Chah-Nulth nations. It is newer and not as families. They do counseling for trauma Huu-ay-aht specific cultural components. (e) Good, timely, medical care. studied, but contains culturally-relevant and specialize in traditional healing. material.132 Mother’s story is available They attend the HFN People’s Assemblies 12 Step Programs Close to home (Port (f) Address social determinants of through NTC to Huu-ay-aht citizens. and other important events to support Alberni): NA (1 800 494 2404), AA or “Smart health (ACES). citizens there. They attended many of the Recovery” (call 1-778-323-3165 or info@ (b) Positive Parenting Program (PPP) is community circles that were part of the smartrecoverybc.com). Specific Programs and Services currently a well-known program offered through preparation of this report. They also offer available to Huu-ay-aht people Vancouver Island Health Authority. workshops on self-betterment and healing Clinics, including “detox”, where methadone from family violence and lateral violence. is prescribed for individuals often have a drug We learned from Huu-ay-aht staff that the (c) “Parent Place”: located in Port Alberni, is and alcohol counselor attached to the clinic Nuu-Chah-Nulth Tribal Council (NTC) is the run by Vancouver Island Health Authority. (c) Alberni Community Women’s Service and available for counseling. (Port Alberni “hub” of service provision and funding. They have programming with NTC such as Society (ACAWS): 1 to 1 counseling and they Intake Services, 4780 Roger Street, Port Mother’s Story. They also have: support children who witness violence but Alberni, BC V9Y 3Z2 Phone: (250) 731-1311). Culturally sensitive individual counseling (i) lunch club weekly; have no male treatment component. (This across BC: We learned from Huu-ay-aht (ii) free prenatal classes (most stuff is is used by HFN women and this Panel has Day centers: one important feature that is staff that there is a list of counselors that free at parent place); heard no negative feedback from women currently missing in the region, is a “day- are screened and approved based on their (iii) drop in with Nurse for who have used the Society’s services). center” where people coming from treatment credentials and other criteria, for funding by information about family health. centers can go for support to continue their the NTC for individual treatments, including (d) Women’s Group: run in Anacla and Port success after returning from the residential various types of “trauma, addictions, and (d) Infant Development Workers (NTC) Alberni by Cheryl Thomas-focusing on centers (see below). This could be a place lateral violence” counseling. New counselors visit Anacla twice per month to monitor general healthy lifestyle in the context of that offers cultural support, drug and can apply, using a referral (request) package child development. traditional ways and culture. alcohol counselors and groups, pain and and they may be approved by NTC for medical treatments, massage, physiotherapy funding, e.g. if a HFN citizen requests to see (e) Child and Youth Mental Health: (e) Men’s Group: run in Anacla and Port (acupuncture?) and exercise. The population them. Most are registered clinical counselors, this resource exists in Port Alberni, Alberni by Edward Johnson-focusing on in Port Alberni would certainly seem to some are psychologists. A visiting Drug and and counselors are available for youth. general healthy lifestyle in the context of warrant a project like this, but a smaller house Alcohol counselor is available in Anacla. Child and adolescent psychiatrists are traditional ways and culture. (This group is for initial treatment could also be created in
94 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 95 Anacla, for people who need help can’t get clients in their recovery.”133 to HFN needs and locations). Sheway is Post- Traumatic Stress Disorder and into a treatment center right away. The Anacla a Coast Salish word meaning “growth”. Addictions. It can be used in outpatient or version could be coordinated with the health (d) Nenquayni Wellness Center Society This program is a culturally safe combined inpatient group format. Groups are usually clinic or with increased community use of in Williams Lake, accepts people for women and children’s drop in center plus 1 to 1 and 1/2 hours long and cover 25 weeks’ a renovated center in the village such as the individual treatment as young as early medical-nursing clinic. It is in Vancouver’s worth of topics, focusing on safety and self- Soaring Eagle. teens, as well as families. One panel Downtown East Side. It is all in one place. care. This is being used currently at Sheway member, (M.B.) has had clients attend Hot lunches are prepared Monday to Friday maternity Services in Vancouver and at Treatment or Residential Treatment Centers with good experience there. and the drop in is a safe environment Fir Square maternity Ward at Women’s for individuals and families. for moms with babies and toddlers and Hospital in Vancouver, BC. (Intimate details (e) Alert Bay Treatment Center. beyond. Partners are welcome if mothers of trauma and violence are not disclosed Some examples include: want them to come. The doctors and nurses within the groups).136 (a) Kackaamin, in Port Alberni, is an (f) Woman- specific treatment: “Hannah provide pregnancy and child medical care Indigenous-focused program with infant House” (innervisions recovery society) and specialist appointments are arranged Family Violence: and toddler, youth and adult programs in for adult women of any background. This when needed. Legal advice, social work place. Families can attend and receive age program is in Maple Ridge, BC; it is non- advice, nutritionist , psychiatrist and drug Huu-ay-aht members in several of the appropriate programming. (several HFN Indigenous, and abstinence-based. (http:// and alcohol counselor are all there, in a communities we visited have said that members report excellent experiences at www.innervisionsrecovery.com/index.html) team approach. Milk, eggs, bread, cheese, ongoing support from their leadership would this center, which combines traditional and fruit and vegetables are free weekly. be powerful in making progress on this issue. modern healing methods). (g) Men-Specific treatment centers: “Prairie Cultural activities such as the “Touch Help is needed for people who use violence House” and “Miller House” (innervisions the Earth” celebration are indigenous with or without substances. It includes men, (b) Tsow-tun Le-Lum (“Helping House”): recovery society; located in Port Coquitlam events honouring the birth of children, women and various couples. Located in Lantzville, BC, overlooking and Maple Ridge, respectively) for adult with Elders playing a very important role. Nanoose Bay. A residential treatment men of all backgrounds. This program is (sheway.vcn.bc.ca) “Safe Homes” in Anacla and Pt. Alberni: program for First Nations people suffering non-Indigenous, and abstinence- based, Having a community approved safe family from alcohol and drug dependency, but with good feedback from a few HFN (c) Circle of Security is an attachment- home could be a step in the right direction for also caring for survivors of trauma. citizens. (http://www.innervisionsrecovery. oriented video based program for parents, children and youth who need to be safe for com/index.html) delivered either in groups or one to one. a period of time or until other arrangements (c) Round Lake Treatment Center and Recommendations for Service Models and It is not indigenous focused but has been can be made through assistance. This is an Recovery House: Armstrong, BC North of Programs not yet available to Huu-ay-aht used in indigenous communities and example of a “made-in-Huu- ay-aht” solution. Vernon. From the website: “Clients return Some recommendations follow: focused on relationships between parents This could be used in Anacla if there is a to the Centre several times to address and children, showing how babies and kids family situation and police are called by a issues of alcohol and drug addiction as (a) The “nurse-family partnership”134 up to age 6 show us what they need. It helps HFN member. Many HFN people spoke up well as related issues of sexual abuse, grief, is a well-known US model where a parents “read” children’s cues, and helps to about “a community safe home”. trauma, anger management and shame. nurse meets with first time Mothers see beyond the way parents were parented, Round Lake has become a leader in the and prepares them for childbirth, while allowing them to see their children with A community model that has been used field of First Nations’ addiction recovery continuing to visit for several months after “fresh eyes”. Trauma is addressed but in Cowichan Tribes is Turning Stones-Tsu and trauma training. Many counselors and the child is born. This program has been parents do not share specific details of Tsuluw-t Tu Smeent. The “purpose of the physicians refer their clients to Round Lake shown in the US to reduce incidence of trauma. Participants can learn by listening program is to enhance the safety of First because of its reputation as a treatment child abuse and harm. “Mother’s Story” and watching if they are not wanting to Nations Cowichan women and children program that works for clients who are -see above- is similar but not identical to speak up in a group. 135 and men through the creation and delivery serious about wellness. Using a multi- this program. Nurse family partnership is of a culturally competent and accountable disciplinary approach, our clinical team currently being piloted all around BC.) (d) Seeking Safety is a group treatment Intimate Partner Family Violence Program for of six full-time certified substance abuse format that is evidence- based and has those who suffer as a result of abuse in their counselors, one psychologist, two nurses, been used with different people from intimate relationship”. and 10 client support workers support the (b) Sheway Model: (For possible adaptation teens upward, with a dual focus on Another program model is EVOLVE, a
96 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 97 pioneering Canadian family violence www.namgis.bc.ca/health-services/ Reunification-From Root Causes To Root Canada, Kirmayer and Valaskakis, eds. 337-354. program for families, started in the 1980s treatment-centre/) Solutions: A Report on Indigenous Child in Winnipeg and continuing. This is not • Hanna House (innervisions society) Welfare in British Columbia. Grand Chief Lenton, Simon, and Eric Single. “The Indigenous-specific but is inclusive with a (http://hannahhouse1.ca/) Ed John (2016) definition of harm reduction.” Drug and strong track record. • Prairie House (innervisions society) Alcohol Review 17.2 (1998): 213-220. (http://www.innervisionsrecovery.com/ Final Report of Special Advisor Grand Meeting Other/Miscellaneous needs: centres.html) Chief Ed John Promising Practices in First Nations and • EVOLVE (Winnipeg) (http:// Aboriginal Maternal and Child Health Support for therapists, and social workers klinic.mb.ca/in-person-counselling/ Sadock, B., & Sadock, V. (2015). Ruiz. Kaplan Programs: Community Perspectives on What in Usma and FHN (if FHN gets one for their evolve-family-violence- & Sadock’S Synopsis of Psychiatry: Lippinott Works. A Report on the Findings from the BC community in the near future). Burnout, counselling/) Wiliams and Wilkins, Philadelphia (USA). Tripartite First Nations and Aboriginal Maternal isolation and stress can affect all healers • Turning Stones: Tsu Tsuluw-t Tu Smeent and Child Health Working Group (2015) and workers. Having smaller caseloads, • Kwun’atsustul Mental Health Counseling Chu, J. A. (2011). Rebuilding shattered lives: mentorship from experienced workers, Services; Cowichan Tribes Treating complex PTSD and dissociative Nurse-Family Partnership: Is It a Fit for First and backup can help social workers. (http://www.cowichantribes.com/ disorders. John Wiley & Sons. Nations Communities in BC? (Communication to panel from Usma member-services/health/counselling/) Executive Director). Cassidy, J. A., & Shaver, P. R. (2016). A Report from the BC First Nations and Reference List – Further Reading: Handbook of attachment: Theory, research, Aboriginal Maternal and Child Health For therapists, having a backup person and and clinical applications. Promising Practices Working Group someone to debrief with, is essential to Willie Charlie, BC 1st Nations Children and (September 2015), available online: < http:// remaining a healthy healer. family Gathering, May 30/31st, 2016, p 21. Felitti, V. J., Anda, R. F., Nordenberg, D., www.fnha.ca/wellnessContent/Wellness/ Williamson, D. F., Spitz, A. M., Edwards, Nurse-Family-Partnership-Report- Trauma training and cultural sensitivity Jane Middleton-Moz, in Debora Steel, V., ... & Marks, J. S. (1998). Relationship of September- 2015.pdf>. training for social workers were mentioned 2015/04/08, Unspoken Grief becomes trauma childhood abuse and household dysfunction a few times by HFN citizens interviewed. Unhealed, Ha-Shilth-Sa newspaper to many of the leading causes of death in Olds, D. L. (2006). The nurse-family partnership: Chief Ed John echoed this need, especially adults: The Adverse Childhood Experiences An evidence?based preventive intervention. regarding residential school effects. American Psychiatric Association. (2013). (ACE) Study. American journal of preventive Infant Mental Health Journal, 27(1), 5-25. Diagnostic and statistical manual of mental medicine, 14(4), 245-258 Resources and References disorders (DSM-5®). American Psychiatric Pub. Najavits, L. M. (2002). Seeking safety: A Skinner, W. W. (Ed.). (2015). Treating Concurrent treatment manual for PTSD and substance Online Resources for Treatment/Care: Gough, P., Shlonsky, A., & Dudding, P. (2009). Disorders: a guide for counsellors. p. xv. abuse. Guilford Press. An overview of the child welfare systems in • Quu’asa (http://www.nuuchahnulth.org/ Canada. International Journal of Child Health Harm reduction-A BC Community Guide, BC services/quuasa-program ) and Human Development, 2(3), 357-372. Ministry of Health, 2005 • ACAWS (Alberni Community Women’s Service Society) (http://www.acaws.ca/) Bowlby, 1982 2nd ed. Attachment and Loss: Andermann, A. (2016). Taking action on • Port Alberni Intake Services vol. 1 Attachment. p. 170-172. the social determinants of health in clinical (http://www.viha.ca/mhas/locations/central/ practice: A framework for health professionals. alberni_intake.htm)Tsow-tun Lelum Bridge, K. A. (2004). Extraordinary Accounts Cmaj: Canadian Medical Association journal= (http://www.tsowtunlelum.org/) of Native Life on the West Coast: Words journal de l’association medicale canadienne. • Round Lake (http:// from Huu-ay-aht Ancestors. Heritage House December 6 188(17-18), 474-483. roundlaketreatmentcentre.ca/) Publishing Co. p. 125-126. • Nenqayni Center (http://www.nenqayni. McCormick, R. (2009). Aboriginal approaches com/) to counseling. In Healing traditions: The • Alert Bay treatment Center (http:// Indigenous Resilience, Connectedness and mental health of Aboriginal peoples in PROJECT BACKGROUND AND
98 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 99 1. IMPLEMENTATION PLAN
To implement recommendation 23 the Panel APPENDIX B: HUU-AY-AHT recommends that Huu-ay-aht:
CHILDREN AND FAMILY 1. Assemble a team with the appropriate 12 JURISDICTION NEGOTIATIONS knowledge and skill sets (identified above); 2. Request a political meeting with the Assistant Deputy Minister of MCFD (Allison Bond, at the time of writing) and a member or members of the Panel; DESCRIPTION governance, staffing and child protection 3. Request a meeting with INAC – political issues; representatives and treaty implementation Huu-ay-aht First Nations appointed this Panel representatives; to make recommendations around child - Access to Huu-ay-aht decision makers; protection issues. The Panel came up with a 4. Assess funding sources available series of recommendations. Recommendation - Ability to engage with Huu-ay-aht federally and provincially to support Huu- 23 provides that Huu-ay-aht should negotiate citizens; and ay-aht work; significant cooperation and partnership with provincial and federal governments in - Legal skills. 5. Write funding proposals to support panel a number of areas. This appendix identifies recommendations including all of the immediate engagement and funding DELIVERABLES following streams if possible: opportunities with federal and provincial a. Operation plan governments and proposes an approach for Huu-ay-aht should try to obtain the following b. Negotiations fulfilling Recommendation 23. over two phased: c. Law development d. Community engagement PROJECT SCOPE PHASE 1, obtain: e. Program enhancements f. Capital This outline proposes an approach to starting 1. Funding support from BC; the conversations with the federal, provincial 2. Funding support from Canada; and 6. Reassess team to ensure Huu-ay-aht has governments and Usma. 3. A commitment to negotiate Huu-ay-aht access to all required skill sets; and jurisdiction in relation to child protection HIGH-LEVEL REQUIREMENTS services (bilaterally or tripartite). 7. Update Executive council and management. Huu-ay-aht will need a team to pursue PHASE 2, obtain: funding and negotiations. The team will need 2. HIGH-LEVEL TIMELINE/SCHEDULE the following: 4. A negotiated agreement to support Huu- ay-aht law development on child protection Phase 1 should be completed by fall 2017 if - Negotiation skills; issues; and possible with early meetings done as soon as possible. - Proposal writing skills; 5. A new understanding with Usma. Phase 2 should be underway in the fall of 2017. - Knowledge of Huu-ay-aht Treaty,
100 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 101 the Huu-ay-aht are currently undertaking out of shelters and youth projects that a process of community engagement and provide land-based activities and mentorship research that will support the development programs in the cultural environment most of a Pilot Project. MCFD was receptive to appropriate for them. Respecting language APPENDIX C: STRATEGIC the idea of a Huu-ay-aht Pilot Project and and culture are fundamental in giving all 13 FUNDING APPROACH anticipates follow-up by Huu-ay-aht. indigenous people the best chance for success At the March 2017 Promising Practices when living in or transitioning to an urban Conference MCFD announced that there environment.” would be increased investment directly in First Nation communities. The resources There is a significant amount of money were identified to improve services and available under UPIP. The 2017 budget outcomes. MCFD endorsed and supported the provided for $118.5 million to be invested recommendations from Grand Chief Ed John’s in UPIP over five years. Combined with Implementing the Panel’s recommendations Huu-ay-aht makes in social services and report - Indigenous Resilience, Connectedness previously allocated funds, the Government of will require significant financial resources. programs to support the implementation and Reunifacation – From Root Causes to Canada will provide $53 million each year to This appendix outlines ideas for developing a of the Panel’s recommendations can also be Root Solutions. An initial meeting has been UPIP, beginning in 2017-2018. strategic funding approach. identified and used as leverage for access to held by the Panel with the Assistant Deputy external resources. Minister of MCFD (Allison Bond) and there Under UPIP the maximum amount payable Develop a Strategic Approach for has been informal follow up discussions to any one single initiative and/or the Accessing Resources Team Supported/Based Model indicating that MCFD anticipates Huu-ay-aht maximum amount payable to any one single will reaching out for support. recipient is $50,000 a year. The maximum Drawing on the existing strength of Huu-ay- Suggested team composition: a designated level of financial support approved per aht administration a team can be designated person from each of the following Huu- MCFD Contact: Allison Bond, Assistant project or initiative will not exceed $250,000 to provide all the supports necessary to ay-aht Departments is recommended to Deputy Minister, Engagement Partnerships and over five years. identify and access grants and resources ensure the team has expertise/focus in the Strategic Initiatives. Direct line 250-387-3006. that are proposal/application driven. This identification, development, negotiation Funding streams will include core funding group can take responsibility for sections of and completion of applications/proposals Federal Funding Sources: for urban indigenous organizations; an application or proposal driven process that support Huu-ay-aht strategic priorities programs and services such as navigator (i.e. a person from the finance department identified through panel recommendations: Indigenous and Northern Development services, healthy parenting programs, designated to support budget development) Canada provides grants and contributions mentorship projects, youth camp for and can drive and help target specific sources - Community Services; to support urban programing for indigenous building self-esteem and cultural identity, of funding applications or proposals. - Communication; peoples, in particular Urban Programming for intergenerational projects and cultural - Finance; Indigenous Peoples (UPIP). projects in urban settings; funding to The investment that Huu-ay-aht has made in - Economic Development; and support a network of local organizations; the Panel work has led to recommendations - Youth. The UPIP program will fund and support and funding for research and innovative that draw on considerable community activities that allow indigenous organizations pilot projects. However, recipients for all engagement. Panel’s recommendations and Recommended Funding Avenues to serve clients and deliver effective culturally streams of funding must be located off- reflect the priorities identified by Huu-ay- appropriate programs/services to urban reserve (and likely off treaty settlement aht citizens. Through engagement with the Provincial Funding Sources: indigenous peoples, and supports research lands), but could provide funding to cover Panel Huu-ay-aht people have provided and pilot projects to better understand the services in areas such as Port Alberni, strong support for improving child and family Connect with MCFD to negotiate a protocol/ urban indigenous context. The Minister of Nanaimo, Campbell River or Vancouver. services to bring Huu-ay-aht children “home”. approach that allows for the development and Indigenous and Norther Affairs explains how Huu-ay-aht associated organizations This broad community endorsement should negotiation of a Huu-ay-aht Pilot Project. UPIP, “is about meeting the needs of urban operating in these urban environments be highlighted in any proposal or application Through the Panel process contact has indigenous peoples through programming would likely be eligible for funding. processes . Any investment of resources that been made with MCFD indicating that such as: projects to help women transition
102 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 103 The Panel made initial contact with INAC in Applications are accepted year round. in communities was May 30, 2017, anticipation of Huu-ay-aht developing and however contact should still be made submitting an application for funding. The Plan H – Healthy Communities Capacity with Plan H to explore other or future deadline for funding is July 4, 2017. The Building Fund & Active Communities Grant funding opportunities. funding application and criteria can be found Plan H, implemented by BC Healthy online at:
104 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 105 But I am also wary about the provincial years. It details how the Ministry spent government’s recent stated intention to $66 million on Aboriginal service-delivery explore transferring jurisdiction for child discussions and projects, with no evidence APPENDIX D: CURRENT welfare to individual First Nations. Without of a single Aboriginal child or family RECOMMENDATIONS MADE proper planning, support and resources, receiving better services as a result. The 14 this could have devastating effects and report concludes that the Ministry should cause an already significant deficit in get back to the basics of serving Aboriginal BY OTHER PARTIES services to grow larger for Indigenous children and their families and stop children and youth and their families.” spending money on questionable change initiatives, such as the $32 million spent on A summary of the recommendations made in the Nation-to-Nation initiative “Indigenous the RCY’s reports is listed below: Approaches” which supported the transfer of authority over child welfare services Appendix D outlines recommendations made in B.C. Both the provincial and federal “September 2013 – Out of Sight: How One to individual First Nations communities. by other parties and explores their application governments can and should do more to Aboriginal Child’s Best Interests Were Lost This initiative failed to improve Aboriginal to Huu-ay-aht. help Aboriginal children and youth. Between Two Provinces137 child welfare services and the outcomes for children. Instead a clear plan for policy Representative for Children and Youth A recent Canadian Human Rights Out of Sight is an investigative report into development and implementation should Tribunal decision ruled that the Canadian the life of a young Aboriginal girl who was be put in place and funds should support The Representative for Children and government has discriminated against subject to neglect and abuse after moving much-needed direct services. Youth was appointed as an independent Indigenous children living on-reserve by from the care of the B.C. government to office in 2006, following the report and spending far less on child welfare services the care of her maternal grandfather in February 2014 – Lost in the Shadows: How recommendations of the Honourable for them. The federal government has yet to Saskatchewan. The report examines the a Lack of Help Meant a Loss of Hope for Ted Hughes in 2006. comply with the terms of this decision. circumstances that led to the move of One First Nations Girl139 On the B.C. front, report after report issued the toddler from B.C. to Saskatchewan The Representative (Mary Ellen Turpel- by RCY has documented poor service to and concludes that no less than three Lost in the Shadows finds that the tragic Lafond from 2006 to October 2016, and now Indigenous children, often with horrible child welfare bodies failed on some level suicide death of a 14-year-old girl living Bernard Richard) has been consistent and consequences, including Out of Sight to protect the best interests of the child. in a rural British Columbia First Nations clear in the reporting functions assigned to (September 2013), When Talk Trumped Because the child’s best interests were community reveals a child protection the office. The Representative has issued Service (November 2013), Lost in the never taken seriously, the report found system that is not reaching the children report after report documenting poor Shadows (February 2014), Paige’s Story (May that “she was left in a dangerous situation, who need it most. The report details how service to indigenous children under the 2015), A Tragedy In Waiting (September severely traumatized and emotionally and this girl’s glaring needs for child protection, child welfare system in British Columbia, 2016), Too Many Victims (October 2016) and physically injured.” The report highlights mental health services and special needs and yet little has been done to address the Last Resort (October 2016). the need for social work in both provinces support went largely unmet due to a serious systemic failures outlined in the to meet basic standards and coordination dysfunctional child welfare system in Representative’s reports. Given what we know about intergenerational between provincial and territorial agencies. her region and lack of communication trauma and the harmful effects on between various social workers and In her final report before leaving office in October Indigenous families of colonial policies such November 2013 – When Talk Trumped health professionals. The BC government 2016, Representative Turpel-Lafond wrote: as residential schools and the 60s Scoop, Service: A Decade of Lost Opportunity for is responsible for protecting vulnerable Indigenous children are in need of better Aboriginal Children and Youth in B.C.138 children and should work with Aboriginal “More than 60 percent of the children in services and more investment than their Agencies and First Nations to remove government care are Aboriginal despite non-Indigenous peers, not less. When Talk Trumped Service is a review of the barriers to those services for children and the fact that Aboriginal children and results of Ministry of Children and Family families in First Nations communities. youth make up only about nine percent First Nations have a right to self- Development’s spending on Aboriginal of the total child and youth population government and I respect that right. child welfare services over the past 12
106 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 107 May 2015 – Paige’s Story: Abuse, close-knit family who was described as disclosing sexualized violence. The report him could not find a more suitable option, Indifference and a Young Life Discarded140 “sweet and easy to like” by his teachers. But recommends that the province take steps Alex leapt through a hotel window. The despite exhibiting signs of serious mental to address sexualized violence against Acting Representative found that Alex was Paige’s Story documents the downward health issues, he received very little in the Aboriginal girls and identify a lead Minister deprived of the security and permanence spiral of a child who had great potential way of assessment or services from the responsible for ensuring this occurs. of a home, a lasting connection to family but never received the protection, organizations that might have helped him. and the mental health and planning nurturing and care she needed and The designated Aboriginal Agency serving October 2016 – Last Resort: One Family’s supports he needed, despite opportunities deserved. Professional indifference in his area was functioning well below Tragic Struggle to Find Help for Their Son143 for the Ministry of Children and Family to her life circumstances continually left acceptable standards and was not properly Development to place Alex with his her – and at times even actively placed supported by the Ministry of Children and Last Resort investigates the circumstances stepmother or an aunt. The Report calls her – in harm’s way, eventually leading Family Development. The report concludes leading up to the death of Nick, a Métis on the Ministry to bring Care Plans into to her overdose death. A drug overdose that little has changed since his death. teenager who was in a full-time attendance compliance with already established in April of 2013 was the direct cause of The report recommends the appropriate program on Vancouver Island as a standards, take immediate steps to ensure death for Paige, a 19-year-old aboriginal provision of services for Aboriginal condition of a youth justice sentence. Nick’s children and youth with mental health girl living in Vancouver’s Downtown children and youth, and that the Province parents were unable to access suitable, issues receive timely and uninterrupted Eastside. But it was actually years of abuse partner with the federal government to culturally specific services to help address mental health services and ensure that and neglect, persistent inaction from establish a lead agency for the provision their youngest son’s escalating substance quality assurance oversight and financial front-line professionals and an indifferent of mental health services for Aboriginal use problem. Eventually they turned accountability for all contracted residential social care system that led to this young children and youth. to the youth justice system as the last agencies be significantly enhanced. woman’s demise. The report called for resort. The report finds that there were a new approach to helping vulnerable October 2016 – Too Many Victims: a number of points along the way where March 2017 – Delegated Aboriginal aboriginal girls and recommended that Sexualized Violence in the Lives of Children Nick’s path could have been altered had Agencies: How resourcing affects service the provincial government take immediate and Youth in Care142 the proper supports been available. The delivery145 steps to address the persistent professional report calls on the provincial government indifference shown to aboriginal children Too Many Victims reports on the to develop and fund a comprehensive This report outlines how Delegated and youth by many of those entrusted to alarming number of girls in the care of system of substance use services capable Aboriginal Agencies (DAAs) may mean work as social workers, police, health care the provincial government – including of consistently meeting the diverse needs indigenous children are being removed workers and educators. It also called for an a highly disproportionate number of of youth and their families across British from their homes and placed in care urgent review of the current provision of Aboriginal girls – who have been the Columbia, including specialized residential simply because the funds are not there to series to vulnerable children in Vancouver’s victims of sexualized violence while in care. and community-based youth substance provide support services to their families, Downtown Eastside. Between 2011 and 2014 at least 121 children use services, harm-reduction services and finds a report released today by B.C.’s and youth were victims of sexualized prevention and early-intervention supports. Representative for Children and Youth. The September 2016 – A Tragedy in Waiting: violence while in government care, a 109 report outlines how DAAs are underfunded How B.C.’s Mental Health System Failed of those were girls and 74 were Aboriginal. February 2017 – Broken Promises: Alex’s Story144 and insufficiently staffed, seriously One First Nations Youth141 Alarmingly, the number of children in undermining the capacity of these agencies care who experienced sexualized violence Broken Promises: Alex’s Story reports on to deliver essential services to vulnerable A Tragedy in Waiting details how a lack during this period was likely far higher the circumstances that lead to an 18-year- children and their families. of timely access to mental health services as incidents are typically under-reported. old Métis youth taking his own life in an contributed to the suicide death of a First Another troubling finding of this report is act of desperation. The BC child welfare These reports, and the Representative’s Nations teen in 2013 and is continuing to the fact that one-quarter of the reported system failed to act on opportunities to recommendations, are described in more place aboriginal children and youth at risk. incidents that occurred in care placements find Alex a permanent home with family detail in the Panel’s Recommendations section, This report tells the story of a 16-year-old were perpetrated by the child or youth’s and instead left him to drift through as they inform this Panel’s recommendations boy who left school one morning, walked foster parent. Nearly 20% of the children 17 care placements over 11 years. After to Huu-ay-aht. Recommendations by the into a nearby forest, and took his own life. in the review harmed themselves or being placed in a hotel for 49 days, as the Representative are outlined, generally below: The boy was an intelligent teen from a attempted suicide, usually within a year of Delegated Aboriginal Agency caring for
108 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 109 Review policies, protocols and Steps need to be taken to ensure develop a clear plan to close the outcome • An action plan should be developed to standards & require annual reports on services do not fall through gaps between aboriginal children and ensure aboriginal leaders with expertise compliance jurisdictional gaps youth across government ministries in effective child welfare service provision including Education and Health 159 and are represented within the Ministry of The Representative has made numerous The Representative’s reports often highlight ensure that special needs services are Children and Family Development and recommendations that existing policies and a lack of coordination between federal provided to First Nations children and that decision making reflects the fact that standards be reviewed, that clear guidelines and provincial agencies, particularly youth living on-reserve on at least an a majority of children and families the are set and that accountability is clear and with respect to the provision of services equal basis with other children.160 ministry serves are aboriginal. 163 facilitated by regular reporting or auditing. to First Nations communities. A number of recommendations focus on ensuring • The Province, with the First Nations • The Province, in partnership with • Review current policies and standards greater cooperation between responsible Health Authority, delegated aboriginal Métis leadership, should coordinate and ensure clear guidelines are in agencies, ensuring responsibilities are Agencies and other service-delivery the development and implementation place (or develop new policies or clarified, and emphasizing the importance providers should move to partner with of a strategic plan to deliver culturally systems when no policies exist), issue a of ensuring services continue to be the federal government to create a response services for Métis children and practice directive ensuring guidelines provided before transferring responsibility proactive lead agency for the provision families.164 are followed and/or provide for to First Nations governments. of aboriginal child and youth mental accountability through annual reports health services in the province, with • Services and policies should be or otherwise on compliance with • Review current provincial/territorial a focus on service improvement, reviewed and developed with a particular the same regarding: out-of-province protocols to ensure commitments by prevention and quality assurance.161 focus on supporting the rights and needs placements;146 services provided by all provincial/territorial child welfare of all indigenous children and youth.165 delegated aboriginal and contracted authorities fully support the needs of • In collaboration with responsible agencies;147 service coordination and children and families for a seamless governmental agencies and departments Professional indifference needs to collaboration where there is a parent transition of services, including with and aboriginal and anti-violence be addressed with a mental illness;148 attendance at respect to out-of- province placements, 155 organizations the Province should develop school by aboriginal children in care;149 and children and families living in First and implement a network of Child and • Respond forcefully to persistent systems to prevent and respond to Nations communities, particularly in Youth Advocacy Centres to provide professional indifference show to sexualized violence against aboriginal remote or rural locations.156 community-based services. At least five aboriginal children and youth by some girls;150 and what information can be culturally based centres serving aboriginal social workers, policy, health care shared with schools regarding youth • Negotiate an explicit policy for the children and youth and their communities workers and educators.166 with youth justice involvement.151 negotiation of jurisdictional transfer should be developed, followed by the and exercise of government powers strengthening and expansion of these • Physicians, surgeons and nurses • The Ministry of Children and Family over child welfare, with the federal services to meet the needs of all child and should be reminded of their statutory Development should produce semi- government before further action youth victims of sexualized violence.162 responsibility to report children in annual public reports on the safety relating to aboriginal self-governance need of protection.167 and well-being of aboriginal children or jurisdiction over child welfare An Aboriginal perspective needs to receiving care. 152 Annual reports occurs. 157 A clear plan should be be incorporated • The Attorney General of BC should should also be issued detailing every established to ensure child safety explain why agencies and service unexpected death of an aboriginal procedures and services are maintained The Representative’s recommendations have providers persistently fail to report harm girl or woman in care, or formerly in before engaging in any process to repeatedly emphasized the importance of and abuse.168 care.153 A quality assurance framework transfer jurisdiction over aboriginal considering and incorporating an aboriginal that includes a comprehensive audit child welfare to ensure services are perspective into policy development and program of services provided to maintained during any future period of service provision in recognition of significant aboriginal children and youth should transition or transfer of responsibility.158 service gaps for aboriginal children, Take immediate steps to provide be developed.154 • The Ministry of Children and Family youth and families. The Representative’s effective services Development should take the lead and recommendations include:
110 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 111 • The Representative for Children o Urgent review of urban service provision: and training to address sexualized The TRC’s first five calls to action are set out here: and Youth has made numerous The Ministry of Children and Family violence against children and youth recommendations that the Province, in Development, Ministry of Health and in care, with particular focus on “Child welfare collaboration with responsible agencies City of Vancouver should conduct an sexualized violence against aboriginal 1. We call upon the federal, provincial, and organizations, take immediate urgent review of the provision of services girls.183 territorial, and Aboriginal governments steps to provide effective services to – including child protection, housing, to commit to reducing the number of children and youth. 169 In particular, the health care and substance use treatment The Panel has taken the substance of the Aboriginal children in care by: Representative has recommended: – to vulnerable children in Vancouver’s Representatives’ recommendations into Downtown Eastside.178 account in proposing the Huu-ay-aht i. Monitoring and assessing neglect o Adequate of Funding. Funds should Recommendations above. The Panel recognizes investigations. be directed to the front lines of o Service provision should be based that there has been recent recognition by the ii. Providing adequate resources to enable the child welfare system, and away on best research: Service provision provincial government of the serious need Aboriginal communities and child- from open-ended initiatives related should be based on the best research to improve services and service delivery to welfare organizations to keep Aboriginal to governance and organization of into the effect and mitigation of indigenous children, and incorporates that families together where it is safe to do these systems.170 A review of urban intergenerational trauma. 179 provincial recognition into the proposed so, and to keep children in culturally aboriginal program funding should be recommendations. However, the Panel is also appropriate environments, regardless of conducted.171 Mental health services for o Substance use services and supports aware that the province has refused or failed to where they reside. aboriginal children and youth need to needed: A comprehensive system of act on many of these recommendations that it iii. Ensuring that social workers and be adequately funded. 172 substance use services should be has had before it for a number of years. others who conduct child-welfare created, appropriately funded and investigations are properly educated and o Particular attention to services maintained to ensure services meet the A First Nation like Huu-ay-aht, that has trained about the history and impacts of to Aboriginal children & youth. needs of youth and their families across identified an immediate and urgent need to residential schools. Special attention should be paid to the province.180 This should include do better for its children and families who iv. Ensuring that social workers and the adequacy of services provided to specialized residential and community- are impacted by the child welfare system others who conduct child-welfare aboriginal children and youth.173 Mental based youth substance use service, will need to carve its own path and take its investigations are properly educated health services for aboriginal children harm-reduction services and prevention own immediate steps rather than wait for and trained about the potential for and youth should be immediately and early-intervention supports. the provincial government to turn its ship Aboriginal communities and families to implemented and appropriately Substance use supports should be around. Based on discussions with senior provide more appropriate solutions to resourced so that wait list and wait co-located in schools to increase the officials within the provincial government, the family healing. times for services are reduced.174 An ability of youth to engage with services Panel has good reason to be optimistic that v. Requiring that all child-welfare immediate plan should be created to and to help support early identification the provincial government will be willing to decision makers consider the impact protect the right of aboriginal children and intervention for mental health and support and partner with Huu-ay-aht in this of the residential school experience on and youth with mental health issues substance use problems.181 Huu-ay-aht led process. children and their caregivers.” and disorders to learn, attend and participate fully in school. 175 o Support for Aboriginal Agencies TRUTH AND RECONCILIATION 2. We call upon the federal government, needed: Develop and implement COMMISSION in collaboration with the provinces and o Assessment of staffing: A a strategy to provide immediate territories, to prepare and publish annual comprehensive assessment of staffing, collaborative support for delegated The Truth and Reconciliation Commission’s reports on the number of Aboriginal workload and safety challenges should aboriginal agencies that are (TRC) first five of its 94 calls to action children (First Nations, Inuit, and Métis) be undertaken and plan should be consistently failing to meet ministry were aimed directly at child welfare. This who are in care, compared with non- developed to address identified issues performance standards.182 highlights the important link the TRC drew Aboriginal children, as well as the reasons should be undertaken.176 Intensive between the residential school system policy, for apprehension, the total spending on Support and Supervision Program o Address sexualized violence: Create purpose and effects and current child welfare preventive and care services by child- workers should be able to provide year- and implement a broad strategy with and apprehension policies and practices in welfare agencies, and the effectiveness of round services.177 adequate policy, standards, resources Canada. various interventions.
112 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 113 along with the Panel’s comments on how for Indigenous Children, Parents and Families outcomes is people. Huu-ay-aht children and 3. We call upon all levels of government to Chief John’s recommendations can or should in all Indigenous Communities”, as this is the families need more people—and the right fully implement Jordan’s Principle. be interpreted and acted on in a specifically central focus of his recommendations. The people—to be looking out for and advancing “made in Huu-ay-aht” context. We place other areas support Area 1: their interests. No single blanket approach 4. We call upon the federal government to these recommendations in the Huu-ay-aht will fix the problem of children being taken enact Aboriginal child-welfare legislation context because the provincial government Grand Chief Ed John Recommendation 1: into care: meaningful, careful attention must that establishes national standards for has acknowledged the significance of Chief be paid to each child and each family, before Aboriginal child apprehension and custody John’s recommendations, and has said that MCFD and INAC invest in the development during and after points of crisis are reached. cases and includes principles that: it is already working toward implementing a and delivery of child and family services significant number of the recommendations, directly within First Nations communities • That means funding sufficient positions to i. Affirm the right of Aboriginal while others will “require a significant in BC, through the following specific ensure that no Huu-ay-aht child falls through governments to establish and maintain injunction of funding– often in co-ordination actions: the cracks and that no Huu-ay-aht child’s their own child-welfare agencies. with the federal government.”184 • MCFD and INAC commit to invest future is determined by complacency or ii. Require all child-welfare agencies an additional $8 million annually to “professional indifference”. and courts to take the residential Many of Chief John’s recommendations increase the number of social workers, school legacy into account in their echo recommendations made previously, support workers, and others serving First • In our recommendations below, we decision making. including by the Representative for Children Nations communities in BC by at least 92 recommend as a first and immediate priority iii. Establish, as an important priority, and Youth. It is hoped that it will productive FTEs over the next two years; the funding of specific additional positions a requirement that placements of to build upon the provincial government’s that are dedicated to broad support of Huu- Aboriginal children into temporary and acknowledgement of Chief John’s • MCFD take immediate action to ay-aht families (with the necessary resources permanent care be culturally appropriate. recommendations, despite the provincial ensure that the additional front-line for that support), liaison with external government’s historically slow substantive staff identified above are placed directly agencies (such as Usma and MCFD) to ensure 5. We call upon the federal, provincial, responses to the Representative’s reports and within First Nations communities in BC; protocols that are in the best interests of Huu- territorial, and Aboriginal governments to recommendations. The provincial government ay-aht children and families are being not develop culturally appropriate parenting did not offer a timeline for implementation • MCFD and INAC work together to only advocated for but followed and enforced. programs for Aboriginal families. of Chief John’s recommendations, although ensure that a child and family liaison the Premier has said that it would be a “long and advocate is funded for each First • We also recommend that Huu-ay-aht The Panel’s recommendations draw all five journey” involving “significant investment.” Nation community as a support service immediately ensure that legal advocates of these TRC recommendations. We do so on to parents, families, leaders, and be made available to all three of the nation, a model that has Huu-ay-aht take immediate Therefore many of the Panel’s recommendations members who require support within children and parents when the legal status action on those matters within its power to are intended to assist the Huu-ay-aht move the community or to navigate the child of children is at issue to ensure that the effect, but that would also and necessarily itself efficiently in directions supported by welfare system; and rights of each are being properly advocated. see Huu-ay-aht work with and negotiate previous reports and advisors, including the This also accords with Grand Chief Ed support from federal and provincial Representative and Chief John, and in directions • MCFD, with the objective of John’s report with respect to the need for governments to enable the steps required to that the provincial and federal governments are maximizing its child safety recruitment, legal advocates and the importance of carry out the TRC recommendations within likely to follow, although likely not at a pace fast review the entry-level qualifications access to justice (Area 2). Note that beyond the Huu-ay-aht context. enough for Huu-ay-aht children. for front-line workers to consider advocates for youth and the Nation, we educational and experiential also recommend that advocates be made We summarize below the recommendations requirements for child safety positions. available to parents, as we heard clearly from from which Huu-ay-aht can take Huu-ay-aht parents who are struggling and SPECIAL ADVISOR GRAND CHIEF immediate and direct action for itself. Application to Huu-ay-aht suffering in their deep desire to be with and ED JOHN These recommendations inform the Recommendations: help their children, who often themselves Panel’s Recommendations to Huu-ay- aht continue to suffer trauma and abuse. “What The consolidated recommendations made by government. We have focused particular • The Panel agrees that the first and about us? We need help, love and support Grand Chief Ed John are summarized below attention Chief John’s Area 1 “Direct Support determining factor in child and family too.” Huu-ay-aht cannot leave behind the
114 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 115 parents in its efforts to support the youth. Application to Huu-ay-aht Recommendations: Collaborative Practices Worker); and planned and existing front-line staff with a view to re-profile and direct, according to • We also address how Huu-ay-aht should • The Panel visited Seabird Island to - Enforcing management’s responsibility need, full-time employees to work directly work with the provincial government in discuss the Sts’ailes pilot project. A key to assign Social Workers in accordance within indigenous communities to directly order to most effectively access and direct the aspect of that pilot project, which has core with their skills, historical understanding support parents and families, and to funding addressed in Grand Chief Ed John’s attributes that would be similar to the and vision through a recommended veto enhance community-based services. recommendation #1. community care model described above, is power for Huu- ay-aht with respect to the “Quality Assurance Committee”, which Ministry or DAA social workers that are not Application to Huu-ay-aht Recommendations: Grand Chief Ed John Recommendation 3: is comprised on an executive that is chosen demonstrating appropriate historical and by each community. For example at Seabird trauma informed approaches to working • While the Panel is not recommending MCFD support existing promising there is the Nation’s Health Director, Band with Huu-ay-aht families. that MCFD or DAA/Usma employees work practices that are focused on the Representative, Band Manager, MCFD directly within Huu-ay-aht, the Panel is development and delivery of child and Social Worker, and MCFD Team Leader • Other resources employed by Sts’ailes that recommending that Huu-ay-aht employ and family services directly within First Nations (and may also include a Council member are also incorporated into the Huu-ay-aht dedicate staff to liaise with MCFD and DAA/ communities in BC, through the following with justice portfolio). recommendations: Usma staff. specific actions: • We were advised that the Quality - Putting trusted people in the homes to • However, Huu-ay-aht should also enter into • In conjunction with Recommendation 1, Assurance Committee is instrumental support families when needed (e.g. 4-8 negotiations with the Ministry to facilitate MCFD and INAC provide support for the in ensuring that no child falls through hours per day); the provision of resources to support parents expansion of the Sts’ailes pilot project as the cracks, as it creates a permanent and families and enhance community based a model for other interested First Nations and consistent forum for frequent - Attachment based programing; services. The Panel noted that MCFD workers communities within BC; and accountability, joint deliberation and working within the Sts’ailes First Nation were decision making, and transparency. This - Secure Door Program (Safe Houses); able to access and harness Ministry-funded • MCFD and INAC support indigenous model fits well with a core guiding principle supports to support permanency solutions. communities that wish to employ the the Panel recommends—that any solution - Permanency Specialist (MCFD community care committee/group must be subject to continual monitoring, supplied); and Grand Chief Ed John Recommendation 5: model to support prevention based assessment, reevaluation and oversight. MCFD require their Regional Executive on active interventions in support of Huu-ay- aht representatives must approach - Medical and support services Directors of Services for each region to children and families. this with a spirit of constant productive on reserve: General Practitioners, meet regularly with Métis leaders, and First questioning and evaluation. This is a living Psychiatrist, Dentist, Nurses, Naturopath, Nations leaders/elders from communities (Note, for ease of reference, Grand process, rather than a static checklist. Family Service Providers. within their region. Chief John’s explanation of “care committees” is reproduced here: • The Panel’s recommendations below draw • Sts’ailes is also working on providing more Application to Huu-ay-aht Recommendations: “Care Committees or Groups were upon the key pillars that have been identified supports and services: re-established through the Aboriginal in the Sts’ailes pilot project: • The Panel recommends that Usma Children and Families Chiefs Coalition - Home in the community where families Executive Director and MCFD Regional with a focus on community care - Quality Assurance Committee; can go and learn for a year about healthy Executive Directors of Services meet prevention in support of families... family skills; and regularly with Huu-ay-aht Executive Director the model is highly regarded by - Designated Band Representative (to and Director of Community Services. many I spoke with for its promise attend homes, meetings etc. whenever - Homes for men and women with treatment in aiding in the development of re- Ministry or DAA social workers do so) (see: beds (coming—existing houses being • Regular cross agency meetings at the unification and permanency plans for Protection Support Worker); converted to 12 bed treatment centres). operational level would also happen with the indigenous children and for its ability Quality Assurance Committee. to incorporate cultural components - Family Group Conferencing early, Grand Chief Ed John Recommendation 4: effectively into this planning.”) repeatedly and consistently (with Each MCFD region undertake a review of • Both of these would be components of new contracts between Huu-ay-aht, MCFD and
116 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 117 Usma. Note that we recommend negotiation child-centered/rights of the child approach. MCFD to commit, at minimum, to the • Commitment to youth engagement (See of contracts rather than protocols, in order inclusion of the following core components later recommendations in this report). to secure commitments from all levels of • It should also be noted that the list is ever of each Nation-to-Nation Partnership government, and enhance oversight and evolving/fluctuating. Therefore it needs to be Protocol: Application to Huu-ay-aht Recommendations: enforceability. updated, refreshed, and revised frequently. The Quality Assurance Committee provides a • A reciprocal commitment to • The Panel agrees that these reciprocal Grand Chief Ed John Recommendation 6: mechanism to ensure this occurs effectively. baseline principles and objectives commitments are fundamentally necessary. for a results- based approach to MCFD regularly provide to each First Grand Chief Ed John Recommendation 8: child welfare, including emphasis on • The Panel’s recommendations emphasize Nation (First Nation Chiefs, councils, the rights of the child and parents/ the need for enforceability of these Hereditary Chiefs, and matriarchs) a Summary: MCFD to ensure Nation- extended families and communities commitments. Meeting and enforcing these list of all their children who are under a to-Nation Partnership Protocols are (UN Convention on the Rights of the commitments would be achieved by the Custody Care Order. implemented between each indigenous Child, UNDRIP and UNWCIP Outcome following mechanisms: community and the regional MCFD office Document commitments and statutory Application to Huu-ay-aht Recommendations: and DAA (as appropriate). MCFD to commitments in CFCSA); - Implementation and Oversight Committee commit to an annual review of all Nation- • Huu-ay-aht has not historically received this to-Nation Partnership Protocols with all of • A joint commitment to alternative - Quality Assurance Committee list from MCFD. This has been a serious issue the parties to each protocol. dispute resolution as the default for Huu-ay-aht. However, this does appear to approach in advance of any child - Family Group Conferencing (early be changing with assistance from Usma. Application to Huu-ay-aht Recommendations: removal order; and consistently)
• However, the distribution of this list is band • The most recent Huu-ay-aht/Usma protocol is • A reciprocal commitment to build - Alternative to Court based process: or Nation “list” focused. Therefore, Huu- 2014. There is no MCFD/ Huu-ay-aht protocol. and maintain constructive working Internal Huu-ay-aht Oversight Body ay- aht children (i.e. children who descend relationships in all aspects of child (possibly the Huu-ay-aht Tribunal, or from Huu-ay-aht parents or grandparents) • The Panel is concerned about oversight, welfare practice impacting on an elders or matriarch council); and who are registered with another band or accountability and enforceability. At the indigenous community, including nation, or who are not on Huu-ay-aht’s present time, both Usma and MCFD culturally based child care plans with a - Annual review of protocols/agreements enrollment list, are not treated by MCFD appear to be pursuing approaches that focus on permanency; with MCFD and Usma. under the legislation as Huu-ay-aht children. are consistent with the direction Huu-ay- This means they are not on the list provided aht wishes to go. As set out in this report, • The identification of jointly agreed-to Grand Chief Ed John Recommendation 10: to Huu-ay-aht, nor is Huu-ay-aht provided the Panel recommends working with and obligations and responsibilities, including notice when investigations or proceedings are harnessing this momentum. However, Huu- the commitment to communications and MCFD and INAC provide the specific commenced involving these children. This ay-aht should not leave itself vulnerable to accountability standards; support for community-based curriculum is an important impediment to Huu-ay-aht future changes in staffing or leadership at and community-developed services for getting involved early to support these Huu- either of these external agencies. Therefore, • An agreed-to approach to indigenous children and families, involving ay-aht children and families, and doing its the Panel recommends that Huu-ay-aht implementing the protocol, including and uplifting indigenous elders, matriarchs best to avoid removal or protection orders. pursue reaching enforceable agreement (i.e. but not limited to joint planning, and hereditary leadership: by contract, not just protocol) with effective monitoring, and a review process; • MCFD and INAC commit to support • Therefore the Panel recommends that dispute resolution mechanisms built in, training so indigenous individuals and Huu-ay-aht and MCFD negotiate an so as to ensure the enforceability of the • The term of the protocol (i.e. year to communities understand their rights agreement to ensure that children and commitments being made by all parties to do year or longer term); regarding child welfare and capacity families are asked as early as possible in better for Huu-ay-aht children and families. within communities grows; and any matter arising whether they have any • An established timeframe for periodic connection to Huu-ay-aht and that Huu-ay-aht Grand Chief Ed John Recommendation 9: review of the protocol; and • MCFD and INAC support indigenous be notified immediately. This is central to a communities that wish to employ the
118 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 119 community care committee/group communities: in the process—before required under and assertions model (identified in Recommendation provincial legislation and before MCFC is • court practice supports trauma 3) by providing funding for training of • Commit to a more collaborative involved. If the early intervention and wrap based approach Care Committee/Group workers similar approach with indigenous communities around supports we have recommended are • make every effort to keep siblings in scope to the training provided for at the start of a child protection file and effective, then Huu-ay-aht should know about together those involved in the community Care in advance of the court, by defaulting families in crisis before MCFD does and Committee Model that was created to presumptions that help instead already be working with them. 15: MCFD support expansion of indigenous through the Aboriginal Children and of hinder an indigenous community court model across BC, including aboriginal Families Chiefs Coalition. wishing to participate in court • But as a fail safe, an agreement with MCFD Family Healing Court in New Westminster proceedings or alternative dispute needs to ensure early notification of the Nation. Application to Huu-ay-aht Recommendations: resolution (ADR) processes; 16: BC Ministry of Justice support & • The Protocol/agreement must include a resource “Parents Legal Centre” models • The Panel’s recommendations emphasize • The issue of “privacy” has been used Huu-ay-aht representative accompanying the need to harness the strength and by MCFD officials as a reason to deny MCFD/Usma at first instance, and 17: Put Native Court workers and resources that lie within the Huu-ay-aht First Nations and Métis communities never without. Counsellors in place to support indigenous community—from youth to elders. However access to information, and as such, families involved in legal proceedings in order to do so, individuals must be CFCSA should be amended to clarify, • As Sts’ailes reports to do, Huu-ay-aht should provided with the tools to move in to these confirm and ensure appropriate start Family Group Conferencing right away, 18: MCFD to rededicate staff and resources important roles. Elders who wish to provide First Nations and Métis community the first after any concern has been raised. to ensure that ADR is the default and not support must be supported themselves, and leadership have access to information Similarly, the Huu-ay-aht support worker the exception, and that ADR is used at be provided with opportunities to learn how on their children who are in care under follow-up with families must be immediate the earliest opportunity, including before to take on these important Huu-ay-aht roles. CCO and other child-care orders; and consistent. Everything turns on this and removal, to ensure removal and court on being sufficiently staffed to make this processes are used as option of last resort • From what the Panel heard, an important • Provide a notice for each presentation effective and meaningful. way to hold up, uplift and recognize those hearing, as well as clear, comprehensive, 19: BC Attorney General expand mediation who have come to a position of strength is to and up-to-date information to the First Grand Chief Ed John Recommendation 13-20 program to assist in use of ADR entrust them with important roles in helping Nation or indigenous community where (Summaries): Huu-ay-aht youth and families. These roles each child in care is from; and 20: INAC and MCFD ensure “similar” funds should be formalized and formally supported. 13: The provincial court appoint provincial provided to indigenous communities for • Provide the same information to the court judges whose work will focus participation in child protection hearings • We have recommended ongoing First Nation or indigenous community exclusively on indigenous children, families community and youth engagement, and/or their designated representative and communities. 39: for CFCSA amendment to require court including a youth council with an education through email, as well as through the order before removal as well as action component. existing processes identified in the 14: Provincial court judges must ensure: CFCSA regulations. Application to Huu-ay-aht Recommendations: • The Quality Assurance Committee • proper notice to indigenous community should receive education resources and • indigenous community has assistance • These recommendations are aimed at support as well. Application to Huu-ay-aht Recommendations: in participating senior governments, however the Panel sees • less disruptive measures are pursued steps Huu-ay-aht can take to effect the intent Grand Chief Ed John Recommendation 12: • A protocol/agreement with MCFD needs before going to Court of these recommendations for the Huu-ay-aht to be established to ensure even “unlisted” • parents and children can raise all relevant community immediately. Summary: MCFD must improve court Huu- ay-aht children are brought to issues for discussion with the Court proceedings relating to child welfare, thus Huu-ay-aht attention. • children are represented by advocate • Have Huu-ay-aht designate a decision improving access to justice for indigenous or lawyer (s. 39(4)CFCSA) making/oversight body to take the place of children and youth, families and • Huu-ay-aht involvement must be early • high scrutiny of MCFD/DAA evidence BC Provincial Court proceedings. This can
120 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 121 be done under the ADR mechanisms under Grand Chief Ed John Recommendation 23: a prevention measure and, further, that a sections 22 and 23 of the CFCSA and by child placement arrived at through an ADR • All these recommendations aim to make agreement with MCFD. The appointees to That Canada demonstrate its commitment process be funded in a manner and to the financial assistance/funding fair. This must this body must have special knowledge and to Jordan’s Principle by acting immediately same extent that a child who is removed happen: and the Panel calls upon to INAC expertise relating to indigenous child and to revisit its practice of providing funding under a court order is funded. and MCFD to do so. However, Huu-ay-aht family welfare. This could be done through only for those First Nations children and must step in first to provide parity to families appropriate appointees to the existing Huu- families “ordinarily resident on reserve.” 26. In partnership with indigenous so families don’t have to face financial battles ay-aht Tribunal, or by an alternate elders or communities and representative while in crisis. The Nation should take on matriarch’s council. Application to Huu-ay-aht Recommendations: organizations, INAC and MCFD work to those battles and shield families from them. ensure that trauma services are funded (Note - the battles should be avoided through • The goal is to enforce a reverse of onus • Huu-ay-aht should pursue a child-centered at a level consistent with the findings and the advanced negotiation of Nation to Nation and scrutiny which is consistent with Grand approach similar to that intended by “Jordan’s recommendations of the TRC and 2016 agreements in any event). Chief Ed John’s recommendation 39 that the principle”. Huu-ay-aht should take an CHRT 2 decision. provincial legislation be amended to require open, generous and purposive approach to Grand Chief Ed John Recommendations 34-38 a Court order before removal. While Huu- assisting Huu-ay-aht children and families Application to Huu-ay-aht Recommendations: are aimed at Preservation and Prevention ay-aht cannot effect that change directly, by stay safe, healthy and connected. If concern enacting the recommended ADR mechanism, is triggered about a child by someone calling • Huu-ay-aht should ensure that it is 34. MCFD, DAAs and INAC work together Usma and the MCFD will know that scrutiny the Huu-ay-aht First Nations, action should positioned to receive MCFD/INAC funding. to ensure core funding and other supports over any removals will be done by Huu-ay- be taken immediately, regardless of whether In the meantime, Huu-ay-aht should that will allow for the development of aht, and Usma and MCFD staff will have to the child is registered as a Huu-ay-aht citizen, implement immediate measures to make up community-based prevention and family account to the Huu-ay-aht decision making or whether their parents or grandparents any inequitable shortfalls experienced by preservation services for all Indigenous body. It will still draw upon Usma/MCFD to are registered. The default should be toward children and families. people and communities in BC. do removals, but will force them to justify to assistance, and only away from assistance Huu-ay-aht court/oversight inside Huu-ay-aht in exceptional circumstances where there is • Huu-ay-aht must supplement this 35. MCFD take the required steps to ensure community. This also ensures that none of truly no connection between the child/family funding in the meantime/establish pilot that Aboriginal Service Innovations (ASI) this happens away from scrutiny of Huu-ay- and Huu-ay-aht. project for funding. family preservation can offer adequate aht, and ensures Huu-ay-aht’s support and core funding support to community-based prevention resources are close at hand. Grand Chief Ed John Recommendations 24-26: Grand Chief Ed John Recommendation 29 program delivery. and recommendations 30-33: • This also requires legal advocates for the 24. In partnership with indigenous 36. INAC take immediate action to develop, Nation, child and parents, and may include: communities and representative 29. Where indigenous communities, in partnership with First Nations in BC, organizations, INAC and MCFD work through their own decision-making an effective and efficient method to fund - To ensure diversion to Tribunal/ collaboratively to develop alternative processes, decide to give their free, prior, prevention services, taking into account HFN Body from BC Provincial Court (if funding formulas that will address the and informed consent to DAAs that they economy-of- scale issues for all First desired); and shortcomings of INAC’s Directive 20-1 have established, Canada and BC should Nations in BC that are not represented by and the EPFA identified specifically by ensure fair and equitable funding to DAAs a DAA (see also RCY Report – When Talk - To ensure proper notice, conduct, onus the CHRT in 2016 CHRT 2, and ensure based on needs and, at minimum, similar to Trumped Service). etc. in proceedings (before the HFN equitable service delivery to all indigenous the formula under which Canada transfers 37. BC take immediate action to ensure Tribunal/HFN Body and Court) children in BC. funds to the province. family preservation funding is provided. MCFD increase the annual Aboriginal • Huu-ay-aht should also pursue negotiation 25. In partnership with indigenous Application to Huu-ay-aht Recommendations: Service Innovations budget by $4 million in of resource and funding support from the communities and representative 2016/2017 (to be split evenly between MCFD provincial and federal governments, in light organizations, INAC and MCFD work to • This will be important for Huu-ay-aht if the and INAC) in order to expand the program Grand Chief Ed John’s Recommendation 20. ensure that new or revised funding formulas Panel’s recommendations are followed, as and provide increased services through provide for ADR processes to be funded as Huu-ay-aht will still be working with Usma. additional agencies.
122 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 123 Assurance Committee). for moving Indigenous children in care 38. INAC and MCFD take action to ensure into permanency. • The Panel certainly recognizes the existing equity in prevention services delivery for all • The Panel does not emphasize changing the problem with “aging out” but on the model Indigenous communities in BC. rules, but rather putting the work in--putting Grand Chief Ed John Recommendation 48-50: we are putting forward (lifelong wraparound accountable and effective systems in place Custom adoption registry support and teaching, based upon Huu-ay- Application to Huu-ay-aht Recommendations to be in constant dialogue and attention to aht traditional model), aging out would be children’s outcomes Recommendations 48 to 50 recommend eliminated as a concept. However, to ensure • Given the breadth and extent of recent that the Province commit to the creation “aging out” is avoided resources must be put recommendations on the need to keep Grand Chief Ed John Recommendation 46: of an indigenous custom adoption registry in place to reflect this model. families connected and provide funds, Roster of Indigenous Families for indigenous children and youth services and policies to enable this to occur it (recommendation 48) along with the Grand Chief Ed John Recommendation 56: is high mobility and action in this area. 46. MCFD develop, in partnership with necessary tools to ensure its success. Cultural Care Plans Indigenous communities, a provincial • Huu-ay-aht must take advantage of this adoption awareness and recruitment Application to Huu-ay-aht Recommendations Robust, action-orientated cultural (especially from senior governments) for strategy that includes a specific focus components within care plans are needed for leveraging greater authority and services, as on recruiting more Indigenous adoptive • The Panel recommends that Huu-ay-aht all indigenous children in care. well as funding. parents from the communities of origin of Quality Assurance Committee oversight the Indigenous children in care. should flow for all care solutions including Application to Huu-ay-aht Recommendations • Despite future opportunities, Huu-ay-aht permanent ones (so, not just adoption) and cannot wait. It must take immediate steps Application to Huu-ay-aht Recommendations ensure support and resources flow for custom • The Panel recognized that Huu-ay-aht to close funding gaps on identified needs adoptions. already does this, and is in fact a leader in and continue inter-governmental relations • The Panel recommends having the staff this area. and negotiations. resources to work continuously and pro- Grand Chief Ed John Recommendation 54: actively with families answers recruit more Youth Engagement • However, the Panel recommends that Grand Chief Ed John Recommendation 40: indigenous adoptive parents. The willingness more emphasis be placed on revisiting, amend CFCSA to prevent severing of and needs may change/evolve depending on Recommendation 54 encouraged the revising, monitoring and enforcement of connection to natural parents context/family and other factors, but need to continued support of the Youth Advisory cultural care plans. keep checked in and discussing. Council, and the expansion of their role and Grand Chief Ed John Recommendations 41- the reach of their voice. Grand Chief Ed John Recommendation 58: • The aim is to find safe houses, foster/ Outsiders review care plans 44: Permanency Plans extended family placements and (custom) Application to Huu-ay-aht Recommendations Chief Ed John’s recommendations focus on adoption if necessary. 58. The BC Representative for Children the need to ensure connection to natural • Recognizing the importance of child and Youth, the provincial court, or parents is not severed and permanency Grand Chief Ed John Recommendation 47: and youth engagement the Panel strongly another independent body be required to planning must be done in close partnership Quality Assurance re: adoptions recommend continued youth engagement, conduct an annual review of care plans for with DAAs, indigenous leaders, communities including the establishment of a formal Indigenous children in care, with special and organizations. 47. MCFD develop and implement a quality youth council. attention to ensuring that a cultural and assurance program for all adoptions, language component of each care plan Application to Huu-ay-aht Recommendations developing key performance measures Grand Chief Ed John Recommendation 55: exists and is implemented. and targets to track timely permanency Aging out plans • Our recommendations are aimed at re- planning, including adoption placements Application to Huu-ay-aht Recommendations conceptualizing permanency (especially for children in care, as well as timely Specific supports are needed for indigenous through permanency planning through approvals for prospective adoptive families: youth as they age out of care. • The Panel had considered this Family Group Conferences and consistent recommendation and finds that is it not and frequent oversight by Quality • Specific targets should be developed Application to Huu-ay-aht Recommendations necessary as Huu- ay-aht can conduct an annual
124 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 125 review of care plans and achieve the objective negotiated with MCFD and Usma requiring of connectedness early on (not to the to prevention, must focus first on building ensuring a cultural and language component of culturally qualified social workers, and exclusion of other supports throughout the up support and prevention. Drawing down each care plan exists and is implemented. Huu- ay-aht’s ability to choose and/or veto life cycle, but with particular understanding of Jurisdiction on protection at this stage (to the social workers as necessary. importance of attachment in the early years). extent it is possible) would detract from that. • Despite this, it is important to ensure enforcement for care plan reviews. • This recommendation also links to • In light of this, the Panel has recommended the Panel’s recommendations about the regular baby welcoming ceremonies—as an Grand Chief Ed John Recommendation 63: importance of the Quality Assurance embrace, but also an instrumental means Support caregivers in cultural plans Committee to ensure social workers are the to check in with families early, so that the right fit with Huu-ay- aht. oversight, care and dialogue happens early 63. MCFD must provide support to foster before strain and crisis go too far. parents to ensure that they are equipped to Grand Chief Ed John Recommendation 62: meet the legislative obligation to preserve a Getting families/homes to be ready to foster Grand Chief Ed John Recommendation 68: child’s cultural identity, as required under s. Jurisdiction draw-down 4(2) of the CFCSA, particularly in the event This recommendation highlights the that a child cannot be placed with family or importance of collaboration between MCFD This recommendation recognizes First Nations’ within his or her community. and DAAs to review suitability requirements right to self-government and the move towards for foster parents and foster homes and to exercising full jurisdiction over Indigenous child Application to Huu-ay-aht Recommendations prioritize placement within their extended welfare, while highlighting the importance of family or community. ensuring this occurs collaboratively. • The Panel notes the importance of providing support to foster parents to ensure Application to Huu-ay-aht Recommendations Application to Huu-ay-aht Recommendations children can attend cultural activities and maintain connected to the community. • One option is to change the rules in • The Panel recognizes this Huu-ay-aht The Panel heard from an adoptive mom in Anacla about what constitutes a safe home exercising full jurisdiction over indigenous Vancouver who is committed to bringing her to ensure the rules are more culturally child welfare is a long term objective, but Huu-ay-aht son to Huu-ay-aht to maintain relevant and appropriate. highlights that this must occur pursuant to his cultural connection, but is greatly negotiation and is contingent on: appreciative to Huu-ay-aht for the financial • However, in the Panel’s view a better - Funding; and support it provides to enable this —she option is to call on MCFD to review - Ensuring support services are in place. wouldn’t be able to do it consistently without suitability requirements in light of identified that support. barriers, to localize them, and then work to • The Panel proposes that Huu-ay-aht start get families ready be fosters to Huu-ay-aht with: Grand Chief Ed John Recommendation 61: children and youth. - Prevention; MCFD mandatory staff training re - Liaison; indigenous culture Grand Chief Ed John Recommendation 64-67: - Oversight; and Strong early years support/programming - Guardianship, by agreement with the MCFD 61. MCFD ensure mandatory staff training Director, and through a Huu-ay-aht designate. regarding individual Indigenous identities Recommendations 64 through 67 highlight the • The road to aboriginal authority must be and cultures, including Indigenous rights. importance of early investments to establish community driven, with DAAs acting in the patterns of connectedness. interim. Application to Huu-ay-aht Recommendations Application to Huu-ay-aht Recommendations • This accords with Huu-ay-aht’s purpose • This is an important recommendation and our recommendations: In order to that relates to the agreement/protocol to be • Huu-ay-aht must support the establishment accomplish the shift in focus from protection
126 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 127 20 Chief John, Indigenous Resilience, Connectedness and Reunification—From Root Causes to Root Solutions: A Report on Indigenous Child Welfare in British Columbia. Available online at: < http://fns.bc.ca/pdf/Final-Report-of-Grand-Chief-Ed-John-re-Indig-Child-Welfare- in-BC-November-2016.pdf>.
21 Aboriginal Children in Care Working Group, Report to Canada’s Premiers, (Ottawa: Council of the Federation Secretariat, 2015). Available online at:
22 For examples see: British Columbia, Representative for Children and Youth, Reporting of Critical Injuries and Deaths to the Representative for Children and Youth (Victoria: Ministry of Children and Family Development,2010); and Hughes, E. N. BC Children CITATIONS and Youth Review: review of BC’s child protection system (Victoria: Ministry of Children and Family Development, 2006). 23 British Columbia, Ministry of Children and Family, Indigenous Resilience, Connectedness and Reunification- From Causes to Root Solutions: Final Report of Special Advisor Grand Chief Ed John (Victoria: Ministry of Children and Family Development, 2016) at 12.
24 Ibid.
25 Bowlby J, Attachment and Loss (vol. 1): Attachment, 2nd ed (New York: Basic Books, 1999 [1969]).
26 Bridge K, Extraordinary Accounts of Native Life on the West Coast: words from Huu-ay-aht ancestors (Canmore: Altitude Publishing Canada, 204) at 40.
27 Indian Act, S.C. 1951, c.29, s.87 (note: s.88 from 1970). 1 “in care” means a child who is in the custody, care or guardianship of a director of the Ministry of Children and Family Development. 28 Hughes, E. N. BC Children and Youth Review: review of BC’s child protection system (Victoria: Ministry of Children and Family 2 British Columbia, Representative for Children and Youth, 10 Years of Advocacy: Representative’s Report Card (Victoria: Ministry of Chil- Development, 2006) at 5. dren and Family Development, 2016). 29 Lucas, Linda. A Framework for Social Work Practice: Usma Child and Family Services (University of Victoria, 1996) at 17, citing: Johnson 3 Canada, Indigenous and Northern Affairs, Report of the Royal Commission on Aboriginal Peoples, Volume 3 (Ottawa: Canada Communi- P. Native Children and the Child Welfare System (Ottawa: Council on Social Development, 1983) at 23. cation Group, 1996) at 23-24. Available at:< https://www.aadncaandc.gc.ca/eng/1307458586498/1307458751962>. 30 British Columbia, Representative for Children and Youth, Delegated Aboriginal Agencies: How resourcing affects service delivery 4 Recommendations 3.2.1 and 3.2.4 of the RCAP Final Report (as cited in British Columbia, Ministry of Children and Family, Indigenous Re- (Victoria: Ministry of Children and Family Development, 2017) at 3. silience, Connectedness and Reunification- From Causes to Root Solutions: Final Report of Special Advisor Grand Chief Ed John (Victoria: Ministry of Children and Family Development, 2016) at 64. 31 Aboriginal Children in Care Working Group, Report to Canada’s Premiers, (Ottawa: Council of the Federation Secretariat, 2015) at 7. 5 Representative for Children and Youth Act, SBC 2006, c. 29, s. 2. 32 British Columbia, Representative for Children and Youth, Delegated Aboriginal Agencies: How resourcing affects service delivery (Victoria: Ministry of Children and Family Development, 2017) at 4. 6 British Columbia, Representative for Children and Youth, Out of Sight: How One Aboriginal Child’s Best Interests Were Lost Between Two Provinces (Victoria: Ministry of Children and Family Development, 2016) Available online at:
47 It should also be noted that this provision for provincial over-ride is not structurally different from the current delegated model, where 74 Walkem, Wrapping Our Ways Around Them, at p. 104-05, citing Prince & Julian v. HMTQ et al and CFSCA, s. 54.1 the Director maintains the power to step in despite delegation (note—this is based on reading the Secwepmec Agreement, as I have not yet seen the NTC Usma agreement). 75 CFCSA, s. 54.
48 Huu-ay-aht Children is defined in the Treaty as a person under 19 years of age who is on the “Enrolment Register” of Huu-ay-aht First 76 CFSCA, s. 39(1)(c). Nation. The Enrolment Register is governed by the Huu-ay-aht Citizenship Act. For purpose of this report, we will refer to people on the Enrolment Register as “Citizens”. 77 Walkem, Wrapping Our Ways Around Them, at p. 76.
49 “Director” is defined under the Treaty as: “an individual designated by the Minister of Children and Family Development under the 78 H.(N.) v. M.(H.), [1998] 3 CNLR 59, 1998 CanLII 4431 (BC CA). Child, Family and Community Service Act or the Adoption Act, as applicable.” 79 Walkem, Wrapping Our Ways Around Them, at p. 95. 50 Note that this leaves huge room for discretion, latitude and confusion. This is an example of why agreement/cooperation with BC will be necessary even if Huu-ay-aht draws down jurisdiction. 80 Walkem, Wrapping Our Ways Around Them, at . 96, citing C.M.B. v. Ministry of Children and Families, 2000 BCSC 774 (CanLII).
51 “Conflict” is defined in the Treaty as: “actual conflict in operation or operational incompatibility”. 81 Walkem, Wrapping Our Ways Around Them, at p. 97.
52 This is governed by s. 13 of the Adoption Act: 82 Walkem, Wrapping Our Ways Around Them, at p. 89. 13 (1) The consent of each of the following is required for a child’s adoption: (a) the child, if 12 years of age or over; 83 Walkem, Wrapping Our Ways Around Them, at p. 90-91. (b) the child’s parents; (c) the child’s guardians. 84 Walkem, Wrapping Our Ways Around Them, at p. 97. … (2) If the child is in the continuing custody of a director of child protection, or a director of child protection is the child’s 85 Walkem, Wrapping Our Ways Around Them, at p. 102. personal guardian under section 51 of the Infants Act, the only consents required are 86 CFCSA, s. 81. (a) the director of child protection’s consent, and (b) the child’s consent, if the child is 12 years of age or over. 87 MCFD, 2017/18 – 2019/20 Service Plan, at pg. 7, available online:
53 The contents of these records are subject to future negotiation (s. 13.15.6). 88 Ibid.
54 Note that the Director has ability to place children in care outside province (see: 2016 BCCA 367 para. 43), and will likely also have author- 89 R. Matas, “A native toddler’s final day”, Globe and Mail (29 October 2005), ity (pursuant to pending legislative amendment), to place children for adoption outside the province (but see 2016 BCSC 842 for available online: < https://www.theglobeandmail.com/news/british-columbia/a-native-toddlers-final-day/article4261011/; see also pre-amendment). Director’s Case Review: Death of S.C. A Child Not in Care, April 26, 2005.
55 Adoption Act [RSBC 1996] Chapter 5, s. 46. 90 MFCD, Case Practice Audit Report: Usma Nuu-chah-nulth Community & Health Services (2013); MFCD, Case Practice Audit Report: Usma Nuu-chah-nulth Community & Health Services (2015). 56 For example see: 2016 BCSC 1788. 91 MFCD, Case Practice Audit Report: Usma Nuu-chah-nulth Community & Health Services (2013), Section 5, p. 6-7. 57 Hughes,E. N., BC Children and Youth Review: review of BC’s child protection system (Victoria: Ministry of Children and Family Develop- ment, 2006) at 49 92 British Columbia, Representative for Children and Youth, When Talk Trumped Service: A decade of lost opportunity for Aboriginal children and youth in B.C. (Victoria: Ministry of Children and Family Development, 2013) recommendation No. 2. 58 CFCSA, s. 5. 93 British Columbia, Representative for Children and Youth, On Their Own, Examining the Needs of B.C. Youth as They Leave Government 59 CFCSA, s. 93. Care (Victoria, Ministry of Child and family Development, 2014) at 3 explains the need for additional support for the average 700 youth a year in the province who “age-out” of care. 60 CFCSA, s. 6. 94 King M, Smith A, Gracey M., “Indigenous health part 2: the underlying causes of the health gap” (2009) 374:9683 Lancet 76-85. 61 CFCSA, s. 7. 95 Neligh G., “Mental health programs for American Indians: their logic, structure and function.” (1990) 3:1 Am Indian Alsk Native Ment 62 CFCSA, s. 8. Health Res Monogr Ser 79.
63 CFCSA, s. 12.2. 96 Puchala C, Paul S, Kennedy C, Mehl--‐Madrona L., “Using traditional spirituality to reduce domestic violence within aboriginal commu- nities” (2010) 16:1 J Altern Complement Med. 89-96. 64 CFCSA, s. 12.3. 97 Cook SJ., “Use of traditional Mi’kmaq medicine among patients at a First Nations community health centre” (2005)10:2 Can J 65 A. Walkem, Wrapping Our Ways Around Them: Aboriginal Communities and the CFCSA Guidebook, at p. 75, Rural Med. 95-99. available online: < http://cwrp.ca/sites/default/files/ publications/en/wowat_bc_cfcsa_1.pdf> [“Walkem, Wrapping Our Ways Around Them”]. 98 British Columbia, Ministry of Children and Family, Indigenous Resilience, Connectedness and Reunification- From Causes to Root Solutions: Final Report of Special Advisor Grand Chief Ed John (Victoria: Ministry of Children and 66 CFCSA, s. 13(1). Family Development, 2016) at 1p. 90.
67 CFCSA, ss. 43 to 48. 99 British Columbia, Representative for Children and Youth, Broken Promises: Alex’s Story (Victoria: Ministry of Children and Family Development, 2017) at 6. 68 CFCSA, s. 60. 100 Hughes, E. N. BC Children and Youth Review: review of BC’s child protection system (Victoria: Ministry of Children and Family Devel- 69 CFCSA, s. 41, 49. opment, 2006) at 99.
70 Child, Family and Community Service Regulation, BC Reg 240/2016, s. 8(2)(i). 101 British Columbia, Ministry of Children and Family Development, Youth Engagement Toolkit (Victoria: Ministry of Children and Family Development, 2013). Available online at:
72 Walkem, Wrapping Our Ways Around Them, at p. 102. 102 Available online at:
106 British Columbia, Aboriginal Operational and Practice Standards and Indicators (AOPSI) (Victoria: Ministry of Children and Family 128 Sadock, B., & Sadock, V., Ruiz. Kaplan & Sadock’S Synopsis of Psychiatry (Philadelphia: Lippinott Wiliams and Wilkins, 2015) at 620. Development,2009): Caseload Guidelines address the maximum number of cases a worker should be allowed to carry at one time for voluntary, guardianship and child protection services. These guidelines must be weighted by severity of risk, geography, need for travel, 129 Skinner W.J., Treating Concurrent Disorders: a guide for counsellors (Toronto: Centre for Addiction and Mental Health, 2005) at xv. remoteness and accessibility. The AOPSI standards suggest that: 130 Lenton, Simon, and Eric Single. “The definition of harm reduction” (1998) 17:2 Drug and Alcohol Review 213-220 • workers providing voluntary services not have more than 25 files at any one time • workers providing guardianship services not have more than 20 files at any one time 131 McCormick, R., in Kirmayer and Valaskakis, Aboriginal approaches to counseling. In Healing traditions: • workers providing child protection services not have more than 20 files at any one time. The mental health of Aboriginal peoples in Canada (Vancouver: University of British Columbia, 2009).
107 Social Program Officers with the Ministry of Children and Families provide advice and counselling, addictions treatment and preven- 132 BC Tripartite First Nations and Aboriginal Maternal and Child Health Working Group, Promising Practices in First Nations and tion services, develop care plans for persons with mental health issues and provide clinical social work services, amongst other things. The Aboriginal Maternal and Child Health Programs: Community Perspectives on What Works (Victoria: BC Tripartite First Nations and Ab- current salary range for social program officers is $45.430 to $82,981, as of April 2, 2017. The salary for a Social Program Offices specializing original Maternal and Child Health Working Group 2015) at 49-50. in child and youth mental health, and employed by the Ministry of Children and Family Development ranges from $62,359 to $74,351. 133 http://roundlaketreatmentcentre.ca/ 108 British Columbia, Representative for Children and Youth, Delegated Aboriginal Agencies: How resourcing affects service delivery (Victoria: Ministry of Children and Family Development, 2017), at 4: “While standards call for social workers to complete an investiga- 134 Olds, D. L. “The nurse-family partnership: An evidence based preventive intervention” (2006) 27(1) Infant Mental Health Journal 5-25. tion or a family development response within 30 to 45 days of receiving a child safety report, data provided by the ministry shows that 1,266 of 1,770 – or nearly 72 percent – of child protection files held by DAAs as of Dec. 31, 2016 had been open longer than 90 days. Said one DAA 135 Powell, Cooper, Hoffman & Marvin, “The circle of security parenting and parental conflict: a single case study” (2014) 5 Frontiers in worker: “I can count on one hand the number of files I’ve closed in the ‘required’ 30 days.” Psychology 887.
109 Social Program Officers with the Ministry of Children and Families provide advice and counselling, addictions treatment and preven- 136 Najavits, L. M., Seeking safety: A treatment manual for PTSD and substance abuse. (New York: Guilford Press, 2002) tion services, develop care plans for persons with mental health issues and provide clinical social work services, amongst other things. The current salary range for social program officers is $45.430 to $82,981, as of April 2, 2017. The salary for a Social Program Offices special- 137 Available online at: https://www.rcybc.ca/reports-and-publications/reports/cid-reviews-and-investigations/out-sight-how-one-aboriginal- izing in child and youth mental health, and employed by the Ministry of Children and Family Development ranges from $62,359 to $74,351. child%E2%80%99s
110 British Columbia, Aboriginal Operational and Practice Standards and Indicators (AOPSI) (Victoria: Ministry of Children and Family De- 138 Available online at: https://www.rcybc.ca/reports-and-publications/reports/monitoring-reports/when-talk-trumped-service-decade-lost velopment, 2009); British Columbia, Representative for Children and Youth, Delegated Aboriginal Agencies: How resourcing affects service delivery (Victoria: Ministry of Children and Family Development, 2017) 139 Available online at: https://www.rcybc.ca/reports-and-publications/reports/cid-reviews-and-investigations/ lost-shadows-how-lack-help-meant 111 “Statutory spending authority” is defined in Huu-ay-aht’s Financial Administration Act and means: “an authorization in a Huu-ay-aht Act other than a Funding Requirement Act to spend money or incur an expenditure.” (Financial Administration Act, s. 3). 140 Available online at: https://www.rcybc.ca/paige
112 See importance of community support (vs. unilateral government action) as discussed with reference to the San Francisco experience: 141 Available online at: https://www.rcybc.ca/tragedyinwaiting Funding the Next Genration, Creating Local Dedicated Funding Streams for Kids: A Guide to Planning a Local Initiative to Plan for Services for Children, Youth and their Families(online: Funding the Next Generation, 2015) available online at:
123 See: Canada, Truth and Reconciliation Commission (Ottawa: Truth and Recocilliation Comission, 2015) at 1-3. 155 RCY Report, September 2013 – Out of Sight Out of Mind, Recommendation No. 2. Available online at: http://www.trc.ca/websites/trcinstitution/File/2015/Honouring_the_Truth_Reconciling_for_the_Future_July_23_2015.pdf; and British Columbia, Indigenous Resilience, Connectedness and Reunification- From Causes to Root Solutions: 156 RCY Report, February 2014 – Lost in the Shadows, Recommendations No. 1. Final Report of Special Advisor Grand Chief Ed John (Victoria: Ministry of Children and Family Development, 2016). 157 RCY Report, November 2013 – When Talk Trumped Service, Recommendation No. 1. 132 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 133 158 RCY Report, September 2016 – A Tragedy in Waiting, Recommendation No. 4.
159 RCY Report, November 2013 – When Talk Trumped Service, Recommendation No. 2.
160 RCY Report, February 2014 – Lost in the Shadows, Recommendations No. 3.
161 RCY Report, September 2016 – A Tragedy in Waiting, Recommendation No. 2.
162 RCY Report, October 2016 – Too Many Victims, Recommendation No. 2.
163 RCY Report, November 2013 – When Talk Trumped Service, Recommendation No. 4.
164 RCY Report, October 2016 – Last Resort, Recommendation No. 2.
165 RCY Report, October 2016 – Last Resort, Recommendation No. 3.
166 May 2015 – Paige’s Story, Recommendation No. 1.
167 RCY Report, February 2014 – Lost in the Shadows, Recommendations No. 5.
68 RCY Report, May 2015 – Paige’s Story, Recommendation No. 3.
169 RCY Report, February 2014 – Lost in the Shadows, Recommendations No. 2.
170 RCY Report, November 2013 – When Talk Trumped Service, Recommendation No. 2.
171 RCY Report, May 2015 – Paige’s Story, Recommendation No. 6.
172 RCY Report, September 2016 – A Tragedy in Waiting, Recommendation No. 1.
173 RCY Report, February 2014 – Lost in the Shadows, Recommendations No. 2.
174 RCY Report, September 2016 – A Tragedy in Waiting, Recommendation No. 1.
175 RCY Report, September 2016 – A Tragedy in Waiting, Recommendation No. 13; Also see: RCY Report, May 2015 – Paige’s Story, Recom- mendation No. 4.
176 RCY Report, February 2014 – Lost in the Shadows, Recommendations No. 6.
177 RCY Report, October 2016 – Last Resort, Recommendation No. 4.
178 RCY Report, May 2015 – Paige’s Story, Recommendations No. 2, 5.
179 RCY Report, May 2015 – Paige’s Story, Recommendations No. 2, 5.
180 RCY Report, October 2016 – Last Resort, Recommendation No. 1. Photo Credits : 181 RCY Report, October 2016 – Last Resort, Recommendation No. 3. Kevin Neary 182 RCY Report, September 2016 – A Tragedy in Waiting, Recommendation No. 5.
183 RCY Report, October 2016 – Too Many Victims, Recommendation No. 1. Brandon Thompson
184 https://news.gov.bc.ca/releases/2016CFD0056-002461 Liam Mullany
Historical Image : Jennings Family Collection
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Edward Johnson, Jr. 134 HUU-AY-AHT FIRST NATIONS SOCIAL SERVICES PROJECT: Safe, Healthy and Connected, Bringing Huu-ay-aht Children Home Report of the Social Services Panel | May 31, 2017 135 Report of the Social Services Panel
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