The Aboriginal Justice Inquiry-Child Welfare Initiative in Manitoba: A study of the process and outcomes for Indigenous families and communities from a front line perspective by Gwendolyn M Gosek MSW, University of Manitoba, 2002 BA, University of Manitoba, 2002 BSW, University of Manitoba, 1991 A Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of DOCTOR OF PHILOSOPHY In the School of Social Work © Gwendolyn M Gosek, 2017 University of Victoria All rights reserved. This dissertation may not be reproduced in whole or in part, by photocopy or other means, without the permission of the author. ii Supervisory Committee The Aboriginal Justice Inquiry-Child Welfare Initiative in Manitoba: A study of the process and outcomes for Indigenous families and communities from a front line perspective By Gwendolyn M Gosek MSW, University of Manitoba, 2002 BA, University of Manitoba, 2002 BSW, University of Manitoba, 1991 Supervisory Committee Dr. Leslie Brown, School of Social Work Supervisor Dr. Jeannine Carrière, School of Social Work Departmental Member Dr. Susan Strega, School of Social Work Departmental Member Dr. Sandrina de Finney, School of Child and Youth Care Outside Member iii Abstract As the number of Indigenous children and youth in the care of Manitoba child welfare steadily increases, so do the questions and public debates. The loss of children from Indigenous communities due to residential schools and later on, to child welfare, has been occurring for well over a century and Indigenous people have been continuously grieving and protesting this forced removal of their children. In 1999, when the Manitoba government announced their intention to work with Indigenous peoples to expand off-reserve child welfare jurisdiction for First Nations, establish a provincial Métis mandate and restructure the existing child care system through legislative and other changes, Indigenous people across the province celebrated it as an opportunity for meaningful change for families and communities. The restructuring was to be accomplished through the Aboriginal Justice Initiative-Child Welfare Initiative (AJI-CWI). Undoubtedly, more than a decade later, many changes have been made to the child welfare system but children are still been taken into care at even higher rates than before the changes brought about by the AJI-CWI. In order to develop an understanding of what has occurred as a result of the AJI-CWI process, this study reached out to child welfare workers who had worked in the system before, during and after the process was put in place. Using a storytelling approach based in an Indigenous methodology, twenty-seven child welfare workers shared how they perceived the benefits, the deficits, the need for improvement and how they observed the role of Indigenous culture within the child welfare context. The stories provide a unique insight into how the changes were implemented and how the storytellers experienced the process, as well as their insights into barriers, disappointments, benefits and recommendations for systemic change. iv Table of Contents Supervisory Committee ii Abstract iii Table of Contents iv List of Tables viii List of Figures ix Acronyms and Definitions x Acknowledgements xii Dedication xiii CHAPTER 1 SEARCHING FOR OUR ELDERS’ WISDOM 1 Connecting the dots 1 Introduction 2 The State of Child Welfare in Manitoba 2 Study Background 4 Locating Myself in the Context of the Study: Who am I? 5 CHAPTER 2 CONSIDERING CHILD WELFARE 10 Child Welfare Overview from an International Perspective 10 International Indigenous Child Welfare 16 Aboriginal and Torres Strait Islander Child Welfare 17 The Maori of Aotearoa, New Zealand Child Welfare 18 United States Native American Child Welfare 19 Indigenous Peoples in Canada and Child Welfare 20 Poverty and the Child Welfare Connection in Manitoba 23 Poverty and Indigenous People 24 Early Child Protection in Manitoba 27 Federal and Provincial Jurisdiction 27 Residential Schools and the Legacy of Pain 28 Sixties Scoop 30 Child Welfare Services to Indigenous Communities, Early 1980s 33 The Kimelman Report 35 Outcomes from the Aboriginal Justice Inquiry 39 Indigenous Child Welfare from the Mid 1980s 41 Establishing the AJI_CWI 42 Manitoba Child Welfare Structure 44 Challenges 47 Phoenix Sinclair Inquiry 48 The Métis Experience in Child Welfare 49 GLBTQ Youth in Care 53 Two Spirit Youth 55 Services for GLBTQ2S Youth 57 Chapter Summary 58 v CHAPTER 3 DEFINING AN INDIGENOUS METHODOLOGY 59 The Role of the Academy in Working with Indigenous Epistemology 59 Understanding the Issues from a Worldview Perspective 60 Reflecting on Indigenous Epistemology 63 Indigenous Methodology is Political 65 Indigenous Methodology is Relational 65 Indigenous Research Engages with Spirituality 67 Indigenous Research Values Traditional Languages 69 Indigenous Research Acknowledges the Role of Storytelling 74 Storytelling: Linking the Past to the Present 77 Storytelling as Theory, Methodology and Research Methods 78 Storytelling, Narratives or Theory? 79 Chapter Summary 82 CHAPTER 4 CONNECTING THE PAST, PRESENT AND FUTURE 83 Acknowledging Ancient Indigenous Research Methods 84 Traditional Values in Research 88 Medicine Picking 88 Connecting Indigenous Values to Research Principles 91 Research Reflects Relationality 92 Research Acknowledges the Spiritual 93 Research is Political 93 Research is Storytelling 97 Research Honors Language 97 Chapter Summary 99 CHAPTER 5 APPLYING THE METHODOLOGY 100 Musing About Walking in Two Worlds 100 Holding the Space 104 Research Questions 105 Rationale for Choice of Topic 106 Storytelling as the Data Collection Method 107 Rational for Methodology Choice 108 Respect for Diversity 109 Qualitative Research Methods 110 Credibility 110 Prolonged Engagement – Research is Relational 111 Peer Debriefing - Research is Relational 111 Triangulation – Research is Political 112 Member Checking – Research is Storytelling & Honoring Language 113 Negative Case Analysis –research Honors Language 114 Persistent Observation - Research is Relational 115 Reflexive Journals - Research is Spiritual & Political 116 Chapter Summary 117 vi CHAPTER 6 DESCRIBING THE RESEARCH JOURNEY AND THE STORYTELLERS 118 Choosing the Storytellers: Purposive Sampling 118 Entry into Communities 118 Arranging Meeting with Storytellers 120 Meeting with Storytellers 121 Saturation 122 Who are the Storytellers? 123 Reviewing the Stories 130 Ethical Considerations 131 Risks and Inconveniences 132 Research Benefits 132 Storytellers’ Right to Withdraw from Study 133 Anonymity and Confidentiality 133 Storage and Disposal of Information 134 Feedback and Debriefing and Compensation 134 Dissemination 134 Researcher’s Perceptions of the Recruitment Process 135 Chapter Summary 137 CHAPTER 7 THE STORIES OF PRE-DEVOLUTION 138 Weaving the stories 138 Introduction: Connecting the Past, Present and Future 139 Taking Care of our Own 140 Pre-devolution Relationships to Child Welfare 143 Pre-Devolution Relationships with Mainstream Child Welfare 146 Anticipating the Devolution from an Indigenous Community Perspective 151 The Planning Stages of Devolution 152 Responding to the Change 156 Reactions from Mainstream Child Welfare Workers 158 From an Indigenous Perspective 160 Set Up to Fail? 161 Chapter Summary 162 CHAPTER 8 THE TRANSITION BEGINS: TRANSFERRING FILES 163 The Transfer of Foster Children and Foster Families 168 Foster Care Rates 170 The Need for Indigenous Foster Homes 173 Barriers for Developing Indigenous Foster Care Resources 175 Foster Care and Culture 178 The Use of Non-Indigenous Foster Homes 181 Foster Care versus Parental Rights 183 Positive Foster Care 185 Chapter Summary 186 vii CHAPTER 9 WORKING AT THE FRONTLINES 187 Working with the data 187 Introduction: Challenges in the Field 188 High Caseloads 188 Racism in Child Welfare – Pre-Devolution 190 The devolution in ‘my opinion’ 190 Trauma and Compassion Fatigue in Child Welfare 195 Surviving the Trauma of Child Deaths 199 The Role of a Crisis Team 201 Chapter Summary 201 Chapter 10 METIS CHILD AND FAMILY SERVICES 203 Introduction: Pre-Devolution 203 Métis Service Provision 206 Challenges 208 The Strength of Métis Culture in Child Welfare 209 Chapter Summary 210 CHAPTER 11 POST DEVOLUTION CRITIQUE 212 Introduction: Assessing the Changes 212 The Child and Family Services Act 214 Standards and Indigenous Child Welfare 215 Authorities’ Roles 217 Funding Concerns 221 Services Not Funded or Insufficiently Funded 223 Family Reunification and Lack of Funding 225 Funding for Social Work Positions 227 Group 2 Resources 228 Chapter Summary 229 CHAPTER 12 CHANGES AND BENEFITS FOR FAMILIES AND COMMUNITIES 230 Introduction: Assessing the Benefits 230 Keeping Children at Home 231 Commitment to Families 232 Connecting Families 233 Professional Development 234 Improved Relationships with Families and Communities 235 Finding Success in the Devolution 236 Storytellers Recommendations 237 Chapter Summary 241 viii CHAPTER 13 OVERVIEW OF STUDY, RECOMMENDATIONS AND CONCLUSION 242 The Story of Métis CFS 247 Trauma, Racism, Child Deaths and Inquiries 248 Child Welfare Act, Standards and Indigenous Self-Determination 252 Recommendations 256 Study Limitations 259 Insights into My Research Journey 260 Acknowledging the Spiritual 261 Storytelling as Research 261 Relational Connections 262 Respect for Language 262 Research is Political 263 Experiencing the Process 265 References 268 Appendices Appendix A Form Letter to Chief Executive Officers of Child Welfare Authorities