Wen: De We Are Coming to the Light of Day
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www.fncfcs.com Wen: de We are Coming to the Light of Day Throughout the many years of the National Policy Review, we have traveled down many paths –sometimes we have stumbled in the darkness trying to move forward in a good way. We could not see our way forward clearly. This report provides the clear evidence needed to ensure First Nations children and families receive what is rightfully theirs – a chance to live with dignity, in the ways of their ancestors, safely at home. The light is beginning to shine – to light our way forward. We can not turn back or stand still – generations are depending on us to go forward – now that we can. Donald Horne, Kahnawake First Nation Elder and First Nations Representative to the National Policy Review (2000-2003). Copyright First Nations Child and Family Caring Society of Canada © 2005 All rights reserved A very special note of appreciation to Jordan’s family and community who bestowed a great honour and responsibility on all of us by allowing the use of the term Jordan’s principle to remind us that in the end this is all about children – and they really do need to come fi rst – all of the time. First Nations Child and Family Caring Society of Canada Suite 1001 75 Albert Street Ottawa ON K1P 5E7 Phone: (613) 230-5885 URL: www.fncfcs.com Dedication In memory of Jordan The moments of your life live strong in the hearts and minds of all who knew you and many who were inspired by you. We join hands with your loving family and community to ensure that when decisions are made for children – the child really does come first. Honouring The First Nations Child and Family Caring Society of Canada extends our heartfelt appreciation to Donald Horne, Elder, Kahnawake First Nation and Derald Dubois, Touchwood Child and Family Services who so honorably served as First Nations representatives on the Joint National Policy Review Management Committee giving generously of their time and expertise. Many thanks to the Assembly of First Nations, the Department of Indian Affairs, First Nations child and family service agencies, provincial child welfare organizations, the National Policy Review Funding Design Team, the National Policy Review National Advisory Committee, the Public Health Agency of Canada and the following list of talented researchers who contributed their time and expertise to benefit First Nations children and families: Dr. Fred Wien Dr. John Loxley Dr. Nico Trocme Dr. Gerry Craddock Stanley Loo Kelly MacDonald Valerie Lannon Lloyd Levan Hall Linda Deriviere Kathryn Irvine Shelley Thomas Prokop Corbin Shangreaux Kylie Walman Melanie Vincent Judy Levi Della Knoke Bruce Maclaurin Dr. Barbara Fallon Kylie Walman Sarah Clarke Justin Julien Kathryn Minichiello Rachel Levasseur Jacqueline Ramdatt Tara Prakash Many thanks to Michelle Nahanee for her beautiful design and layout work for this report. (Note from designer: This report was printed on 80lb. text weight Environment paper by Neenah. It is made with 80% post consumer recycled fibre and 20% FSC certified fibre. FSC designates fibre from responsibly managed forests. The paper is ancient forest free and was produced without the use of elemental chlorine. Solid ink technology was used in printing this report with no ink waste entering nearby water streams during or after production. hoy chexca) Wen: de We are Coming to the Light of Day CONTENTS Dedication In memory of Jordan 3 Honouring 4 CHAPTER 1 - WEN:DE Coming to the Light of Day 7 Project Overview 8 Guiding Principles 10 Research Questions and Methodology Summary 10 Research Team 12 Research Project Chapter Locater 12 Summary of Research Project Findings 13 Limitations of the Research 49 Implications for Revising Directive 20-1 50 Linking FNCFSA funding to Provincial Funding Levels 52 The First Nations Based Funding Model 53 CHAPTER 2 - The Experience of First Nations Children Coming into Contact with the Child Welfare System in Canada 60 CHAPTER 3 - Jordan’s Principle: A Child First Approach to Jurisdictional Issues 87 CHAPTER 4 - Promoting Community & Family Wellness Least Disruptive Measures and Prevention 113 CHAPTER 5 - Management Information Systems 146 CHAPTER 6 - Extraordinary Costs and Jurisdictional Disputes 178 CHAPTER 7 - Small Agencies 208 APPENDIX A - Recommendations of the Joint National Policy Review on First Nations Child and Family Services 221 APPENDIX B - Losses on INAC Operations Funding Due to Lack of Inflation Adjustment 224 Wen:de Coming to the Light of Day - pg. WEN:DE Coming to the Light of Day Abstract This multidisciplinary research project brought together experts in First Nations child welfare, CHAPTER 1 community development, economics, management SUMMARY OF FiNdiNGS information systems, law, social work and management to inform the development of three funding formula options to support policy and by Cindy Blackstock, Tara Prakash, practice in First Nations child and family service John Loxley and Fred Wien agencies in Canada. This unique research approach involved specialized research projects on the incidence and social work response to reports of child maltreatment respecting First Nations children, prevention services, jurisdictional issues, extraordinary circumstances, management information services and small agencies. These research projects were complimented by the results of twelve case studies of First Nations child and family service agencies in Canada. Findings indicate that First Nations children are over represented at every level of the child welfare decision making continuum including reports to child welfare, case substantiation rates, and admissions to child welfare care. In fact an analysis of child in care data by cultural group indicated that one in ten Status Indian children in three sample provinces were in care as of May 2005. Research results indicate that First Nations child and family service agencies are inadequately funded in almost every area of operation ranging from capital costs, prevention programs, standards and evaluation, staff salaries and child in care programs. The disproportionate need for services amongst First Nations children and families coupled with the under-funding of the First Nations child and family service agencies that serve them has resulted in an untenable situation. Recommendations for policy change and future research are discussed. pg. - Ch 1, Wen:de Summary of Findings Project Overview experience – not just hear. [The Committee] is equally encouraged by the Building on the 17 recommendations of the Joint establishment of First Nations child and family National Policy Review of First Nations Child and service providing culturally sensitive services to Family Services (NPR) (MacDonald and Ladd, Aboriginal children within their communities. 2000), the National Advisory Committee of the United Nations Committee on the Rights of Joint National Policy Review (NAC) requested the Child Concluding Observations Canada, that the First Nations Child and Family Caring 2003, Observation 26. Society of Canada (FNCFCS) undertake research to respond to the research questions identified in There are approximately three times the numbers Phase One1 of the research project to inform three of First Nations children in state care than there possible funding options for First Nations child were at the height of residential schools in the and family services: 1940’s (Blackstock, 2003). Taken together the 9000 First Nations children in care who are 1) Integrating recommendations of the resident on reserve in Canada will spend over NPR into the current funding formula, two million nights away from their families this Directive 20-1, Chapter 5 (hereinafter year (McKenzie, 2002). Through the years, called the Directive or Directive 20-1) many have dreamed of making a difference for 2) Linking First Nations child and family these children – to allow them to stay safely at service agency funding with provincial home. This research project is dedicated to those child welfare funding levels children, their families and to making the dream of keeping them safely at home a reality. The most 3) A new First Nations based funding encouraging and important finding of this research formula. project is that there really are things we could be doing for this generation of First Nations children The first two possible funding models are to improve their well being – and in most cases it is relatively well defined with the first having as simple as providing them access to the resources benefited from the recommendations of the enjoyed by other Canadians – but in a manner that Joint National Policy Review on First Nations reflects their distinct identity. Child and Family Services completed in 2000 and the second based on standardized provincial Recent research has confirmed that First Nations funding formulae where they exist. In terms of children are removed at disproportionate rates due the restructuring of Directive 20-1, the seventeen to neglect (Blackstock, Trocme, & Bennett, 2004). recommendations improve funding for First When neglect is unpacked – poverty, poor housing Nations child and family services contained in the and substance misuse are identified as key drivers National Policy Review were validated in Phase (Trocme, Knoke, & Blackstock, 2004). This report One and formed the primary frame of reference is as much about redefining social work to better for analysis of this option in Phase Two (excluding respond to the needs of First Nations families as it the recommendation for a review of the funding is about providing an evidence base for a renewed, arrangement in Ontario which will need to be done and hopefully, equitable funding regime for First under a separate process). Nations child welfare. The researchers involved in this project represent some of the most renowned The provincial option is also reasonably well experts in Canada. We are honoured they are defined although it is not always clear how sharing their knowledge in this report – we know specific child welfare services are funded within they did it because they believed it would make a universal provincial social services funding pools.