Six Nations of the Grand River

SIX NATIONS OF THE GRAND RIVER CUSTOMARY CARE POLICY & PROCEDURES

Part X of the Child and Family Services Act enshrines the right of First Nations communities in Ontario to define Customary Care, and how it would be utilized. Historically, Customary Care as defined, by Six Nations of the Grand River was recognized as being the responsibility of the collective. We still uphold and adhere to this tradition, thus deem Customary Care to be the responsibility of our community as a whole.

It is also defined as allowing for positive co-operation between service providers and for the retention of the individual care giver rights so that children are not lost to either families or to the community in general

Children who are placed in Customary Care under the terms of this agreement would not be considered in the care of the Province and as such would not be subject to in care time constraints as outlined in the revisions to Ontario’s CFSA in April 2000. Children can be removed from Provincial care under Section 57 2(4)(5) Community Placement, of Part III of the CFSA or remain out of care and in the care of Six Nations of the Grand River as allowed for under Part X Customary Care provisions of the CFSA.

This agreement is seen as a positive effort to keep children in the community. It is expected that as such these children at risk will be able to receive services and support from both individual helpers and the community as a whole. In this inclusive manner, they will be able to retain and strengthen their cultural identities.

Care Givers who have custody of the child at the time of the child welfare concerns can voluntarily sign a Customary Care agreement if this is presented to them as an option. Children over the age of 12 also provide consent to this arrangement. If they choose not to agree to a Customary Care Agreement the Native Services Branch of the Children’s Aid Society of Brant can choose other legislated options available under Part III of the CFSA to ensure the safety of a child or children.

Although subject to revision and further interpretation the following statements provide guidance and direction to the Six Nations in formalizing its traditions with regard Customary Care. This will serve to enhance the autonomy and independence of Six Nations of the Grand River in caring for our children, and will help to ensure our children’s right to their culture and heritage. References to the “Native Services Branch” throughout the document refer to The Children’s Aid Society of Brant Native Services Branch office in Ohsweken that will have the delegated authority to administer this Agreement. The Six Nations Band Representative refers to the individual(s) designated by the Band to act as it’s representative for the purposes of Customary Care. This does not necessarily refer to the current Band Representative function.

*Throughout this document, ‘primary caregiver’ is defined as a person who has care and custody of the child at the time of the child welfare concern.

Although subject to revision and further interpretation the following statements provide guidance and direction to Six Nations in formalizing its tradition with regard to Customary Care. This will serve to enhance the autonomy and independence of Six Nations of the Grand River in caring for our children, and will help to ensure our children’s right to their culture and heritage.

References to the “Native Services Branch” throughout the document refer to The Children’s Aid Society of Brant Native Services Branch office in Ohsweken that will have the delegated authority to administer this Agreement.

The Six Nations Band Representative refers to the individual(s) designated by the Band to act as its representative for the purposes of Customary Care. This does not necessarily refer to the current Band Representative function.

Throughout this document, ‘Primary caregiver’ is defined as a person who has care and custody of the child at the time of the child welfare concern. ‘Customary Caregiver’ is defined as the person who would care for the child in a Customary Care placement.

A. Eligibility

1. Families who have children (age 0 – 16 years) that meet the criteria of being in need of protection under Part III of the CFSA, and who are unable to be protected within their family system or are imminently in need of protection and who without placement intervention would be at risk.

2. The child(ren) must be a Six Nations Band member or be eligible to be registered as a member of Six Nations of the Grand River.

3. Six Nations of the Grand River traditions around membership will be respected.

Draft- April 2002 Customary Care Policy and Procedures Page 2 4. Six Nations children are eligible, or those children eligible to be registered, who could be repatriated to Six Nations of the Grand River territory, with sufficient supports from the community and the Native Services Branch.

5. Six Nations children, presently crown wards of the Province for whom crown wardship could be terminated if a suitable Customary Care placement were available.

B. Home Selection/Approval

1. Within two business days of being notified of an apprehension, a Six Nations Band Representative will contact the primary caregiver(s)* and meet with the family to identify, alternative intervention strategies, management and treatment plan options and potential Customary Care caregivers.

2. If a child is deemed appropriate for Customary Care, service provider(s) (defined in Section E) will present options to the Customary Care committee and have these primary caregiver(s) identify four individuals to participate as members of their committee.

3. If it is subsequently determined that Customary Care is not appropriate, CAS, Native Services Branch will proceed with more formal approaches to intervention with could include court ordered supervision and CFSA ‘in care’ options such as temporary care agreements and applications for wardship.

4. A Six Nations Band Representative will present the identified Customary Care placement(s) to CAS, Native Services Branch staff, and they will be responsible for conducting a home study to determine suitability, taking into account Six Nation standards and tradition with regard to meeting needs of children, as allowed for under Part X of the CFSA.

5. The Customary Care Committee will sanction this selection, however the responsibility for the safety of the children within a customary setting remains with the Native Services Branch, CAS.

6. The Native Services Branch will inform a Six Nations Band Representative of the results of the home study that will meet agreed community standards (as yet undefined in terms of this agreement).

7. The Native Services Branch and Six Nations Band Representative will meet with the Customary Care Committee to present findings and recommendations regarding the Customary Care placement(s), as well as the recommended treatment plan.

Draft- April 2002 Customary Care Policy and Procedures Page 3 C. Support of Placement

1. The Native Services Branch will place the child(ren), ensuring that arrangements are made for initial dental and medical examinations. As well, the Native Services Branch will identify clothing and social/recreation needs and submit the required documentation to secure financial support from the Society.

Note: There are clear guidelines specifying entitled amounts available. Parents will have the opportunity to enhance this allowance without penalty. The Native Services Branch will provide social and emotional support and counselling as needed, in conjunction with other Six Nations service providers.

2. The Native Services Branch in conjunction with Six Nations Band Representative(s) will develop a plan to support the needs of the child(ren). This will be within both community standards and available funding. The Native Services Branch will support the Customary Care Placement by working effectively with primary caregivers to ensure that the needs of the children are met.

3. The Native Services Branch will make a verbal report on the adjustment of the child(ren) to the Customary Care Committee, every three months. All issues or concerns of a serious nature will be promptly reported to a Six Nations Band Representative.

4. Six Nations of the Grand River will attempt to make the children in Customary Care feel that they are full members of the band and nurture their development wherever possible.

D. Termination

1. Once it has been determined that a caregiver(s) has successfully completed their treatment plan, the CAS, Native Services Branch will develop re-integration plan for the children and the Six Nations Band Representative will be informed of the plan.

2. Failure to cooperate with terms and conditions around access could result in termination of a Customary Care placement. Should concerns arise, the Native Services Branch will address these with the Customary Care placement, as well as inform a Six Nations Band Representative, and advise whether or not the placement will be terminated.

Draft- April 2002 Customary Care Policy and Procedures Page 4 3. Situations of abuse or neglect within the Customary Care home will result in immediate termination, and a Six Nations Band Representative will be informed.

4. It is expected that primary caregivers will respond to this Customary Care approach and strengthen their ability to parent. Failure of the caregiver to follow through with the treatment plan and/or visit consistently with their child(ren) may result in termination of the Customary Care option.

5. The Native Services Branch and the Band Representative will present the recommendation to terminate the agreement to the Committee.

6. The Committee may agree or set in place terms and conditions to proceed under the Customary Care Agreement that the caregiver must agree to and abide by.

7. Should the caregiver not adhere to the terms and conditions, the Customary Care Agreement will end. In some situations, the child may still be able to continue the placement under ‘in care’ options or supervision available to the Native Services Branch under Part III of the CFSA.

8. In the event that the Customary Care provider indicates they wish to withdraw from the agreement, the Customary Care Caregiver will be required to give seven days written notice. This will provide the opportunity to work with the child(ren) in coming to terms with leaving as well identifying another placement. The committee will also be informed since multiple moves even within customary care can be emotionally damaging to the child.

Note: Clothing and other personal belongings will travel with the child. Any furnishings (eg. beds) will be the property of the purchaser.

E. Roles & Responsibilities of Service Providers (Options/Impacts)

Six Nations Representative:

1. The Band Representative Program incorporates customary care functions and responsibilities within its current role.

Alternative: Six Nations identify another service or agency to perform this function

Alternative: Six Nations develops a whole new service or unit.

Draft- April 2002 Customary Care Policy and Procedures Page 5 Alternative: Six Nations identifies an individual to act as its representative for Customary Care and incorporates the function into an existing service such as Child & Family Services.

Six Nations Representative: Responsibilities and Functions

1. Receives initial notification of a child in need of protection (needing to be removed from primary caregiver) and the Society deems it necessary to remove the child from the care of parent(s).

2. Contact caregiver(s) to identify options/alternatives around intervention required, treatment plan, and whether they would be appropriate for Customary Care as well as potential Customary Caregivers (extended family, friends or other community service providers). Should a meeting with the family within the time frame (five days) not be possible, the case will proceed to court, and application can be made for the Customary Care option in the future.

3. Meet with Native Services Branch to discuss plan and present information that has been shared by the caregivers to develop suggestions for treatment plan.

4. Attend case conferences, Customary care meetings as necessary and meet with the Native Services Branch for progress reports and discuss recommendations to the Customary Care Committee (prior to the three month Customary Care meeting).

Native Services Branch: Responsibilities and Functions

1. The Native Services Branch will be responsible for the investigation and assessment of abuse and neglect, and the identification of a child in need of protection.

2. The Native Services Branch will identify families eligible for Customary Care if chosen as an alternative.

Please note: Either a Six Nations Band Representative or a CAS, Native Services Branch representative can identify when a family might be appropriate for Customary Care. The final decision will remain with the Band/Committee.

3. They will also be responsible for home studies and approval of Customary Care homes to ensure the needs of the child(ren) can be met by the prospective caregivers.

4.The Native Services Branch will be responsible for ensuring the safety and well- being of children in the Customary Care placement. This may include

Draft- April 2002 Customary Care Policy and Procedures Page 6 counseling, advocacy and referral to other community supports, to ensure the needs of the ‘whole’ child are met.

5. The Native Services Branch will provide financial assistance according to current rates and standards that include a per diem rate connected to the current 2002 regular foster care level, foster care allowances and appropriate incidental expenses for children utilizing the Customary Care option.

6. The Native Services Branch will report to a Six Nations Band Representative regarding the progress of the primary caregiver(s) in completing terms and conditions of the treatment plan prior to review with the Customary Care Committee.

7. The Native Services Branch will report any issue or concern regarding the Customary Placement, particularly those that might relate to the safety and well- being of the child in the placement to a Six Nations Representative in a prompt and timely manner.

Alternative: Concerns will be reported promptly to the Director of Six Nations Social Services or to the Chair of Six Nations Social Services Committee.

8. The Native Services Branch in conjunction with Six Nations service providers will develop the parameters and the time frames for completion of the treatment plan and therefore of the Customary Care placements with input from the Band Representative.

Other Service Providers: Functions and Responsibilities

1. Other service providers will be involved as active participants on the Customary Care Committee either as members (alternates), resource persons to provide opinion and advice to the Committee, or as support and service provider to the caregiver(s) utilizing this option.

2. The needs of the clients may indicate a need to access services offered by the service provider.

3. Attend case conference and Customary Care Committee meetings.

Customary Care Committee: Roles and Responsibilities

The purpose of the Committee will be to provide a neutral body to designate the customary care designation based on the information presented by the Native Services Branch and the Band Representative or other resource persons as deemed appropriate. The Committee may also offer suggestions into the management and/or treatment plans presented.

Draft- April 2002 Customary Care Policy and Procedures Page 7 Composition of Committee: 1. The committee will consist of four core members to be selected from the list of resource people and one alternate person with resource people in attendance at the option of the clients. A Six Nations of the Grand River Representative will be responsible for recruitment selection and approval.

2. The resource list will consist of service providers, community members and Traditional people.

Conflict of interest: Members of the committee will declare conflicts of interest when it is an immediate family member, or there is a direct social relationship with the individual. These individuals may be identified as a support person, if the primary caregiver so wishes. It is also the responsibility of other committee members to identify conflicts of interest of the other members. Committee members must be diligent in reporting situations of conflict of interest to both the Six Nations Representative, as well as to the Native Services Branch staff. CAS, NSB and/or S.N. representative will be responsible for deciding participation in these cases and the Committee member must abide by their decision with regard to participation on the Customary Care Committee.

Training: Committee members will be expected to participate in initial training which will include but not be limited to; an orientation to Customary Care, information on the Child & Family Services Act, responsibilities and roles of the participants – Six Nations Band Representative, CAS, Native Services Branch and other service providers. There will also be training in mediation and conflict resolution. There will be annual meeting to evaluate the program as well as participate in other training identified as pertinent to issues presented by families and children participating in Customary Care.

Confidentiality: Each committee member will be required to abide by strict rules of confidentiality. This means that families will not be discussed with anyone other than the Six Nations Band Representative, and Native Services Branch personnel, without the expressed written consent of relevant parties. Any breach will result in removal from the committee.

Meeting Attendance and Participation: When selected to form a part of a family’s Customary Care Committee, the member must make every effort to attend the quarterly meetings, and should endeavour to

Draft- April 2002 Customary Care Policy and Procedures Page 8 remain on the Committee until resolution of the matters that brought the family before the Committee. At least three members must be present for every meeting.

Conduct: Each Committee member will demonstrate respect for the dignity of all clients and service providers who come before the Committee.

Qualifications: Members will be of good standing and well regarded within the Six Nations community standard. The individual will also complete a criminal record check and a CAS record check. Should a record be found, the Band will be responsible for determining they have successfully come to terms with any issues that may have been present in the past, and have lived a stable life-style and contribute to the well being of the community.

Terms of Office: The term of office will be two years and is renewable.

Financial: A service provider will be compensated as part of their work once designated as a member or resource person.

Community members will be provided a per diem as designated by the current rate paid by Six Nations Council.

The Native Services Branch will cover half the costs associated with customary care, including administration, meetings, travel for committee members.

Liability:

Due to the fact that the CAS/Native Services Branch will continue to be responsible for performing home-studies, ongoing case management, providing information to the Committee, and in high risk situations reserves the right to remove a child(ren) from a Customary Care placement, the Society will retain the same level of liability as it would in any other situation where a child is under its supervision or care.

Formal Notice: Formal notices and communications will be provided in writing and mailed to:

Chief Councilor

Draft- April 2002 Customary Care Policy and Procedures Page 9 Six Nations of the Grand River P.O. Box 5000 Ohsweken ON N0A 1M0

Manager, Native Services Branch, Children’s Aid Society of Brant P.O. Box 39 Ohsweken, ON NOA 1MO

Executive Director The Children’s Aid Society of Brant P.O. Box 774 70 Chatham Street Brantford ON N3T 5R7

Agreement Termination: Either party may terminate this agreement thirty (30) days after either party has sent written notice informing the other of such termination.

IN WITNESS WHEREOF of each of the parties has caused this Agreement to be signed by their duly authorized officIals or representatives as of this ______2002.

On behalf of Six Nations of the Grand River.

Chief Roberta Jamieson

Members of Six Nations of the Grand River Social Services Committee

Arliss Skye, Director, Six Nations of the Grand River Social Services

On behalf of the Children’s Aid Society of Brant

______

Draft- April 2002 Customary Care Policy and Procedures Page 10 Karen Hill, Manager CAS of Brant, Native Services Branch

Ron Eddy, Board Chair The Children’s Aid Society of Brant

______Andrew Koster, Executive Director The Children’s Aid Society of Brant

Draft- April 2002 Customary Care Policy and Procedures Page 11