updates

Work began on the Children's Act Revision Project in 2003. Following is a list of key activities and highlights of "What We Heard" about the Children's Act from consultation participants during each month:

June 2006 - October 2006

October 2006 - October 2007

Drafting of the bill was informed through various large and small group processes:

June 2005

May 2005

April 2005

March 2005

Policy Forum #2 - Highlight of Comments

  1. Alternative Dispute Resolution should be a method of first resort for decision-makers for all matters.
  2. The Director should be obligated to notify the family's First Nation at the point that a family comes into contact with the agency - from the first call. The First Nation must be involved in all planning processes for children in care.
  3. Continuing contact with families and communities will stop children from feeling lost and isolated.
  4. Promote the partnership element in legislation around First Nation representation in delivery of service. Promote it so that down the road First Nations will be able to deliver service.
  5. Complications arise when women don't report when there is family violence and therefore we need to develop clear definitions of what the various terms mean. There is fear that children will be taken away if reports of family violence exist.
  6. I favour the option of open adoption. Anything that would promote a child to have contact with family. This needs to be in legislation. Move to open access for children that move into the permanent system.
  7. The law should reflect collaborative decision-making processes to ensure multiple voices are heard in the act.
  8. Children in care need to be given the option to stay in care longer if that is what they want.
  9. A community advisory group could assist in decision-making so that discretion is minimized.
  10. If the First Nation is involved then they need to make opportunities and assist adoptive parents provide a cultural upbringing.
  11. Sometimes we need to sit back and think about the birth parents. They may not feel good or have shame about not being able to buy things for children that the department did. What message does this send the children?
  12. If we are saying that children are able to consent to adoption at age 12, then why aren't they ready for their birth family information until age 18?
  13. There needs to be more circles and family conferences and that is where the family comes in. They (circles/conferences) are pretty powerful because that's where the ideas are generated. Everyone becomes aware of what is happening with the child.
  14. The First Nation should have full party status in everything. There has to be funding in place and training for people the First Nation wants to be there.
  15. With mandatory reporting we need a clear definition so people know what they have to report. Need to educate the public.
  16. We need a range of interventions from least to most intrusive where there would be no consent (by parents). Children should remain in their own home and have the abuser removed and the child should have supports in the home.
  17. The primary caregiver should identify who they would like to have facilitate the (family) conference. One of the roles of the facilitator would be to ensure that participants follow through with what they commit themselves to.
  18. The child has the right to know their roots, what stick gambling is, when a member of their family dies, how grieving happens.
  19. Mediation may not be appropriate if the child is at risk. I don't think a child's immediate need will be addressed in this process.
  20. The Act almost needs to be called a different name. It needs to consider the various types of community this act will serve.
  21. The law should mandate involvement of a legal Child Advocate and a First Nation worker in decisions in regards to First Nation children.
  22. Years ago the kids I fostered were made permanent and mom and dad were made to say goodbye and no visits were allowed. Now children can be made permanent and can have regular and good visits and be involved and there is a big difference. But I also know there needs to be an even bigger one.
  23. Justice committees in communities are also a good alternative to court.
  24. Try to get the consent to intervene from a parent as a first option. Do an investigation when there is an indicator of abuse and ensure you talk to the parent as quickly as possible.
  25. Sometimes people need longer (to get healthy). It is hard to expect parents to change in a short period of time. As long as the child is safe, then give them the time.

February 2005

January 2005

Policy Forum #1 - Highlight of Comments

  1. The law needs to reflect who we are: values, beliefs, practices. We need principles throughout the law, not just in the preamble.
  2. Include the child and family in decision making.
  3. Need accessibility for all. We need to reach people and remove the barrier or stigma (of child welfare) in order to get support.
  4. I like the principle: "families are entitled to receive early intervention in the best possible practices."
  5. Best interests of the child should be determined/defined by family and community versus the social worker and judge. This reflects the whole child.
  6. Child and family are the two most important components here. The more we can do to focus on these the better. There is a lot I like about the "Authorities" governance model. It puts Yukon government and First Nations on equal footing and supports partnerships and working together.
  7. Shift from a reactive approach to a proactive and preventative approach, and provide for extension of support to ensure stability.
  8. The use of community circles inclusive of community and family fosters greater accountability.
  9. For custody/access, court is usually involved because parents can't agree. At times there may be an imbalance of power especially where there is family violence and access is an issue when the children are at risk. Therefore 'parenting agreements' may be ideal, although there may be family issues preventing this agreement.
  10. The legislation has to somehow guarantee that money/resources are there to support prevention.
  11. Families of special needs should not have to give up their children to a director to receive supports. (e.g. autism)
  12. There should be an external review of programs and services.
  13. Legislation must allow for and support ongoing changes in society, particularly in First Nations governance in the area of family and children.
  14. The system needs to recognize the child's birth parents even though they may never 'parent' the child.
  15. A family should have a choice to work with a community committee or a government agency.
  16. The "Authorities" model and the "Community Committee" model are the most favourable. The Authorities model ensures full delegated authority for First Nations while the Community Committee model ensures involvement of the community and community standards. Combine these to create a new model and ensure it is flexible.
  17. Leadership needs to be involved. They need to understand and buy in to prevention funding. The funding needs to be stable and ongoing. Annual proposal writing is not helpful.
  18. The passion is here. Continue this process forever.
  19. There need to be supports for families. Families need to know the process and know what their rights and responsibilities are.
  20. There should be a community based appeal process. It would be easier to access and user friendly.
  21. People who receive services should have regular opportunity to comment on what it was like.
  22. The annual report should be done externally and be public information. The report should also provide recommendations that also affect the funding bodies.
  23. Family conferencing should be considered in decision making. The court should be the last resort.
  24. With regards to accountability in custody/access cases, need to have review periods to ensure parents are upholding their responsibilities.
  25. Need to have an independent advocate and work towards acceptance of their role.

December 2004

November 2004

October 2004

September 2004

August 2004

What We Heard in August 2004

  1. There needs to be support for families. The social worker is ineffective (in our community) - rotate them like RCMP. Ignoring the situation is not good.
  2. Kids need to have a choice on where they are placed.
  3. Often women get the blame when children are apprehended. Men need to stand up and take the blame in what has happened. It's 50/50; men need to step up and take responsibility.
  4. As 14 First Nations, we should all work together and own or jointly control child welfare. Involve grandparents and parents. If welfare get hold of children, let grandparents handle it. They're the boss, with mom and dad. Let the older people explain how to take care of children.
  5. The shift has to be on the whole family and not just on the children. My grandchildren are without a mother today because of drug abuse. My grandchildren were apprehended at birth and are drug affected. I'm for legislated intervention to prevent FAS. That drug affected baby child has rights to a safe and secure and sane life.
  6. If people at the '98 knew about the supports that are available, it would be half empty.
  7. My daughter has two children and hardly ever gets to see them. There are some issues but she is a good mom and I can't see why she has to do so much. It is very tough when kids get apprehended and it is especially hard on the kids. They are in a hard place and often go to worse. I know the alcohol and drug problems, but I don't think that blaming and shaming helps anyone. If there was a focus on listening and understanding, everyone would have a better chance. We need more compassion so people don't feel powerless.
  8. Lawyers in the Yukon seem to have limited cultural knowledge. It seems those with money get better representation. Need more money for family law, just like criminal law cases, and need experienced lawyers. Legal aid is very limited.
  9. When my daughter was taken away I went on a suicide rampage and was hospitalized. I'm still coping with the anger.
  10. There also needs to be support for them to access special needs programs. There are a number of programs for FAS but their children have to be assessed. Well, if someone doesn't know the system well enough they can't get assessed and referred to a professional, and the children don't get early intervention. Look at half the people in the penal system, they're mostly fetal alcohol affected.
  11. A lot of families call me and say I can't afford this or that, and if they have special needs grandchildren, I don't know how they do it.
  12. We have had some very good social workers and very supportive, especially within their policies and guidelines. They need that feedback themselves. Our social worker who has been consistent in that process, kept us focused. She said you have a right here.
  13. Workers in group homes need to enjoy their jobs. My daughter's kid (in Receiving Home) was asked to wash up for dinner so she asked to have a shower instead and was told ok. When she came down she was told dinner was over and the food was put away, none saved for her. I asked her if she told anyone and she said they don't listen. Who implements these rules? There's no one for these kids to call, especially if they're from communities.
  14. As native people we don't have anyone to look after the best interests of native children. There's so many we're hitting and missing. FN people living in Whitehorse have no one to advocate. They're disconnected from community.
  15. Welfare took one of our grandchildren. They let mother have them a few times, but this time it's not going to happen. Everybody agreed that we (grandparents) get our child back, even lawyer and judge. Child was in care for one month and while in care the social worker did all the work - fixed her bed, cleaned the floor, washing dishes. That's not right. When child is at home, we teach her. Social worker did all the work.
  16. Seek out or devise a mechanism by which First Nation foster families can become more abundant. When we became foster parents, the security check and homestudy was a very cumbersome and intimidating process. There is a need for foster families and for something to support (extended) families to get their children back, but it needs to be easier for aboriginal families to become foster parents.
  17. When your children are apprehended, go to the ministry and ask 'what do I have to do?' Do whatever they ask and don't be angry and put anger out there. Be humble and do whatever it takes to get your child back, for your child. Don't take on the blame and shame. Don't blame the ministry in return. Take responsibility and be humble. It's for your child. Create healing for ourselves.
  18. Need advocacy - representation in court; including aftercare and support.
  19. When people go to China to get a child they don't know what it does to take a child out of their own culture. It's like putting a cat in with wolves.
  20. Parents need financial support. Parents who don't have work or a vehicle can't come to support their child at school.
  21. There is a need for support for new parents and young mom's, especially with post partum depression.
  22. Perhaps Canada, Yukon government and the Liquor corporation need to be taken to task because we seem to struggle all the time to be scratching at brick walls. They've made money on the alcohol, and these are the victims as a result of the corporate conglomeration. Government needs to be taken to task and reminded; if they've made $50 million on alcohol, then they need to put $25 million towards FAS kids. Where does that money for assessment come from? It needs to come from those who made the money on the backs of our children.
  23. For children apprehended, things are blown out of proportion and then there is family breakdown.
  24. I see a need for some support and advocacy for families e.g., support drafting letters.
  25. When child welfare is involved and children are taken away they may be in a good, loving home but not First Nation. Then children may not want to go home to their First Nation because they have lost their knowledge or connection with their First Nation. Maybe they only start to see the bad things about First Nations like alcohol because that's what they hear about. They need to know all about the good and the bad, the reality of their First Nation.

July 2004

What We Heard in July 2004

  1. I really enjoyed going to my respite caregiver. She became a good friend.
  2. The policies have to support and respect foster parents. They are the backbone of the system. We need to find a way that works for First Nations to find more First Nation foster parents. The bottom line is a safe and loving home. We should do exit interviews with foster parents, since we need to see why this isn't working for some people.
  3. Support needs to be offered to single parents - the only options I was given were to stay in an abusive situation or lose my daughter. I chose to leave the abusive relationship and therefore lost my daughter. I was explicitly told by the social worker that "we won't give you any kind of assistance at all". And "you can't do this on your own, it would be better for your daughter to come in to care". I believe that with some support I would have been able to parent my daughter. The initial social worker on my file was new to the job; in situations such as these, a more experienced worker should be used.
  4. How do I challenge the decisions of my social worker and her supervisor? There doesn't seem to be any way I can do this.
  5. Legislation should specify provision for grandparents to adopt their grandchildren and be given the full permanent rights of parents with notification in advance to all sets of grandparents.
  6. My social worker when I was in care was like a serious Mom. She was proud of my Brother and me and wanted us to do things that were right. She was always in contact with the people who were important to us.
  7. All adoptions of children who are prenatally exposed to alcohol require adoption supports, ongoing family contacts, early referral to the Child Development Centre, and early and regularly provided respite. A "wrap around" type of service that continues for at least 10 years may prevent a lot of family breakdowns. Of course this implies that all service providers are fully aware of what FASD is and what interventions and supports really work for the kids and parents.
  8. The one piece of advice I would give is to try to let the kid in care have a normal life. Kids in care should be able to babysit and have sleepovers with their friends. As a child in care I couldn't do these things. That made me feel I wasn't normal. When my social worker said I couldn't babysit at age 15, I cried because I felt incapable of looking after little kids. And when I couldn't go to sleepovers at my friends' homes, it put a dent in my friendships. The other kids didn't understand why I couldn't go to their homes. Kids need a normal life.
  9. I see advocacy and an independent review as two different things. An individual who can advocate to protect a child's rights performs a different function from an independent review of decisions made by public officials. The children's advocate will necessarily be biased because of the role, while the independent review depends upon a neutral, impartial reviewer. Thus I think we need to separate the two functions.
  10. We were involved with Family & Children's Services because of a difficulty with our teenaged child. I felt the social work staff were very threatening and confrontational and didn't seem to value the family. At times it seemed to me that Family & Children's Services was just intent on ripping our family apart rather than supporting us as a family.
  11. More respite for families would be good in our community.
  12. First Nation administrations are not subject to the Ombudsman Act or the ATIPP Act. How would a review process for decision-making by public officials in the First Nation administration be addressed in any future service delivery model? How would a First Nation administration be bound by fair information practices?
  13. I was grieving over the death of one of my children and the welfare took my other child from the school. They didn't even tell me and I was looking for him. They sent him to a group home and when he came back to our community he ran away from every place he lived. He said he would only come to live with me.
  14. The provision of genetic material or sperm should not give that person the right to be recognized as the parent of the child. It puts the definition of parent on a purely biological level, which is a step backward.
  15. We could use volunteers more in the receiving home. The kids are amazed that someone would spend time there without getting paid.
  16. The establishment of a Children's Commission centralizing all services will allow for better access and knowledge of prevention and early intervention programs by professionals and families.
  17. As a parent with children in care I should be included in the meetings the social workers hold about my case. There was a recent meeting about my children and me, to which the foster parents were invited but I wasn't. This doesn't seem fair to me.
  18. When I go to the group homes, I rarely see another community person there. I see RCMP, agency people and families in crisis. So how do we normalize things for these kids?
  19. We need a simple booklet to describe how people can challenge the system.
  20. Prevention is the ideal. Let's work on not taking kids in to care. Both Jim Anglin and the CWLC talked about kids in care not needing to be there.
  21. The current policies encourage crisis. I know of a number of families that have sought help with a problem, but the department failed or refused to help until the matter reached a crisis. Children ended up in youth court or in care as a result.
  22. The communities need more traditional parenting for everyone. Lots of young moms don't get it because they don't know their own culture.
  23. In my view the group homes and receiving home are unsafe for kids & staff and sometimes they are totally chaotic. This means we take a child out of an unsafe home situation and place him or her in an unsafe government run group home. I've looked at the definition of "child in need of protection" in the Children's Act and it applies to children who are in the government's care in the receiving home.
  24. I stayed at the Receiving Home for six months. There were lots of kids there with problems. If you were a "good" kid, the staff didn't bother you. But if you were a "problem" kid, the staff watched them all the time. So the staff never spent a lot of time with me. This was understandable, but sometimes the "good" kids need help too. I later moved to a foster home where I was always treated like one of the family.
  25. I think more responsibility should be given to a child in care.

June 2004

What We Heard in June 2004

  1. Little things that are preventative, such as offering respite, would work a long way. It would be good to have support of that.
  2. I would love to have a child welfare committee for each community versus one individual making the decision. Then the decisions are made for the good of the community and families can come and provide support and come together.
  3. Need to bring back Aduli practices; place children with family members. Best interest of child is to be placed with family or an extended family home with financial assistance to care for the child.
  4. Some of these mothers just give up, get drunk. They took away their responsibility. Can't even visit or take them to fish camp. These parents really want to see the best for their kids but it's just like residential school.
  5. Child welfare needs to be adapted a little bit for community. Urban office pays for hockey, soccer, etc., while rural offices cover nothing. Riding bikes is a main recreation in the communities, but they are not covered.
  6. Foster parents need support too because they have a child so long. It's devastating when I had to let the children go.
  7. Children shouldn't have to go back and forth from placement to placement, between being in care and living with their family. I think the "three strikes" rule should apply to multiple placements.
  8. Foster families can provide support for the child's birth family. A partnership relationship can be built early on between the foster and the birth family. If there is a real relationship of trust the foster family can help with the transitioning of the child back home to his or her birth family.
  9. We should call this the "Family Act", not the "Children's Act", because we are all part of the journey - and because of the need to support the family.
  10. There is presently a window of opportunity for admission to the Healthy Families program from birth to age three months. But if post partum depression is not picked up until some time later than three months, the family has missed out on Healthy Families service. People need to have the ability to access this good program beyond the three month period.
  11. We would like to see the following approach to drafting the new act: prevention would come first; early intervention would come second; and, intervention would come third.
  12. I think sometimes the department coddles or enables parents, at the expense of the child. For example, visits for a small child that are set in the afternoon because the Mother doesn't get up in the morning. It doesn't seem to matter that the child needs a nap.
  13. It bothers me that there is not mandatory reporting in the Yukon. I think this is the only place in North America where this is the case.
  14. There is nothing to help a man defend himself in a child custody dispute. Women have lawyers and a place to stay. Men have nothing. In some cases men lose everything - their cars, their homes. There is no help from the First Nation for men. Young men are moving back to the village because their maintenance payments mean they can't afford to live elsewhere.
  15. Family & Children's Services can immediately get their legal papers done and be in court the next day, if they need to be. A lot of times parents and families don't understand their rights. Accessing a lawyer through Legal Aid can take a long time. The Justice system is backed up. Alcohol and Drug Services is backed up. F&CS wants parents to deal with all these issues right away, and there is not enough time for parents to do this.
  16. The new act needs to reflect the interconnectedness of all systems. It needs to be restorative, not punitive.
  17. More education is needed with respect to emotional abuse of children. Most parents don't understand that they are emotionally abusing their children. Perhaps we need a public information campaign on this topic?
  18. One family had not just the father and mom go out for treatment, but the kids as well. This has been successful. It's more expensive but even if one parent is drinking, there is still dysfunction in the family. If you can create one healthy family at a time, you are succeeding.
  19. Could we have an aftercare program for high risk families whose children are returning home from being in care?
  20. We have some prevention programs available to us now, but they are tied in closely with child protection. This means that some families do not want to access services like respite and Family Support. They are afraid there will be reports to the social worker. Separating child protection from the preventive work would remove the stigma of accessing prevention programs.
  21. It makes our job as social workers so much easier if clients know what their rights are. Some pamphlets are needed on this.
  22. More First Nation leaders need to be involved in child welfare issues. The Chief & Council is the overall authority in the community. When I was trying to prevent my grandchildren from being in care, I should have had help from my First Nation. I didn't get that help from the First Nation.
  23. I've been raising my grandchildren for the last 6 years. I would like custody but the only way they told me is if they apprehend them and go to court. I don't want that. I've had them for the last six years. Why should we have to go to court to have your grandchildren live with you when they already live there? It's hard financially - I don't get child support or benefits.
  24. The appeal process needs to be made clear for youth challenging a plan of care.
  25. There is a very low level of interaction with youth around life skills development. Youth need to learn about earning and budgeting money. I think there should be job placements and co-op experiences during their last year in care to focus on earning, budgeting, finding work that you enjoy and work ethic.

May 2004

What We Heard in May 2004

  1. Alcoholism/addiction problems take a long time to heal. Department seems to set their timelines too short and give up. Some of these parents can't help it - Three months is a long time when you've been in that lifestyle so long! One mom is trying so hard and going clean but they say she's still unfit, so now she doesn't care. If nothing is done, parents will give up, and I don't blame them.
  2. The social worker listened to me when I said I wanted to stay - they were going to put me in a different school but I said I didn't want that, and they listened.
  3. I would prefer the maximum period a child can be in temporary care to be a cumulative time limit for a child's life. If this were the case, every time a child went home the clock would not be set back at zero. This approach would motivate parents to make the necessary changes to care properly for their children.
  4. Social workers should listen to foster parents more. They both have busy schedules but seniority should go to the foster parent.
  5. Big concern of when a youth is 18 - they're lost souls, loveless, angry and won't connect with family because of anger. There's nothing you can do to connect them again. What's going to happen after that? It is very difficult dealing with those who have just returned to the community out of the child welfare system.
  6. Going through court is not a good way to settle custody & access conflicts, and it's not a good thing to go through. Are there alternatives approaches?
  7. I stayed because I wanted to get adopted and never felt the need to leave - there is stability here and I never had to move out. They should find homes a kid can go to and stay, not get moved around. It is good to have adoption and closure as soon as possible (at a young age).
  8. BC has family group decision-making. They have guidelines for the plan, but the family comes up with the plan.
  9. My (foster/adoptive) mom made the big difference in my life. Also, keeping brothers and sisters together. There is more stability when you keep siblings together.
  10. What are the essential things we each need to grow up healthy? How do we make it OK to ask for help with parenting? The First Nation should be able to provide invaluable leadership in this area.
  11. The elders have suggested that the offending party/parent be removed from the home, and not the child.
  12. In Yukon the director's consent is needed for step-parent adoptions. In other jurisdictions it is purely a legal process. Recommend simplifying this process as in other jurisdictions.
  13. I attended a recent workshop on trauma, which spoke about the impact "neglect" can have on an individual. This area seems to be more significant than we once thought. Will the new Children's Act include emotional harm/neglect and how will it be defined?
  14. When more responsibility is given to the family, it generally means 'use the family and traditional systems on your own time and money'. There is no financial support for the family to care for their children and this leads to more stress and a breakdown in the family structure. We need to be more aware of the impact of poverty on child protection situations.
  15. Some teens may need to move in and out of care, on an as needed basis, for a few years. There should be some elasticity regarding the length of time can do any agreement for extended care and support.
  16. You have to help the birth parents with support. A foster parent gets money - my kids go to Frasers, McDonalds etc. because the Dept. is paying for it. They now have pool passes for the dad during visits, but this will stop once they are returned to him. Suggest aiding the parents with supports because chances are they don't know how to parent.
  17. As a foster parent I am expected to "work miracles" with very damaged children. I am given very little information about the child. I spend far more time with the child than the social worker, yet my experience with the child counts for nothing next to the views of the social worker.
  18. When you apprehend a child from parents who are drinking, it supports the parents to keep drinking as they no longer have to look after the child; child welfare is important but so is parent and family welfare.
  19. Dads need to break the law in order to get legal aid; it's very hard to get legal help when you are trying to sort out custody issues as a Dad.
  20. With regards to surrogate parentage and changing reproductive technology, I agree that the present act has not kept up with the times. My own opinion is that the surrogate mother be considered the true mother of the child in such instances, regardless of the genetic composition of the fetus.
  21. I grew up in a group home. There were then no programs to help me develop as an aboriginal person. For example, we never went hunting or fishing or to culture camps. I only recall one First Nation worker in my group home. She made a difference to me because she was First Nation. As a teen I sensed that she had boundaries and her interactions with the kids was limited. There was a real sense of isolation living in a group home. The longer I was in the group home, the more I thought I had done something wrong. I understand that the group home provided the necessities of life, but I was left with an icy, cold feeling living there. I was lonely and I cried when I went to bed at night. The staff were "staff".
  22. I went to Family & Children's Services to ask about caring for/(fostering) my nephew and niece. I was told by the social worker that I had to own a vehicle, my apartment was inadequate and I needed to own a house. Who lives in this make-belief world?
  23. Why not have someone out there that can work with the parents (e.g. like Victim Services worker for victim) especially at First Nation level to help parents with the process. Could be combined with other existing positions like health or community justice worker (to deal with resource issue of new position).
  24. You feel so alone when you're dealing with people who do not have an understanding of our people and culture, how we are. That's pretty scary. I don't know how this could be addressed but it has to be. It's the most painful thing to stand by and watch her placed back in an unsafe environment (with her mother). It's very stressful and I worried constantly. It's still not over, it's a long process. I recommend that the houses that children go into have to be checked on more often. Because of short staffing and heavy workload, can they keep tabs on everybody?
  25. My ideal child welfare system would be to eliminate courts from the whole process and let the communities deal with them themselves. Courts can deal with the offenders but why revictimize a child? Deal with the offender but the community can look after the child.

April 2004

What We Heard in April 2004

  1. A Child Advocate may just be "more money spent on how you should do stuff, and not enough on doing stuff". Will this just create another level of bureaucracy?
  2. Need to have program of parent and child together (while child is in care) if plan is to reunite family. One parent got her kids back but now she can't get the connection with her child.
  3. Suggest using alternative approaches such as a 'sponsor family'. They would take family on the land - like a supervised visit so parents and kids could stay with you rather than not having any visits at all. Would be good for fish camps and work on survival skills and esteem while learning culture.
  4. Need to formalize evaluation and monitoring of quality assurance. Currently monitoring is largely informal and done as 'self-study'.
  5. Change the language - words like 'child welfare' or 'apprehension' should be changed to something else.
  6. My children were taken away and it could have been dealt with differently if I had support from child welfare, my First Nation and other programs. It's so hard when you're all alone.
  7. Ultimately want enough options to ensure safety and security of child without the state having to take a child into care - need flexibility and support for the options.
  8. Like the terms 'parenting' and 'contact' orders (instead of custody & access) as it's not about 'having', but about parenting a child.
  9. The standards for 'child in need of protection' are interpreted inconsistently. Until very recently, a child may be apprehended and then returned the next day with a different worker. Need more consistent interpretation of standards and the Act.
  10. The Healthy Families program needs to be available in all Yukon communities.
  11. While in care I didn't see my dad enough, and I saw my mom too much. It should be a choice whether a child in care wants to see their family or not.
  12. Act doesn't say who should be reporting child abuse and this needs to be legislated. It should be a crime to know of child abuse or to suspect it and not report it. The Yukon is the only place in North America where this is the case.
  13. I had some good foster homes and these were better than group homes. There are some good foster families out there (named some) who really show respect and understand kids. They treat their children the same as foster kids. There is more freedom in foster families and things are more normal (like going for walks or eating). I remember the foster homes well.
  14. Need to open up definition of parent - "I don't see myself in the definition of 'parent' (as I'm not birth or adoptive parent), yet I'm the only mother this child knows". Perhaps break definition into 'legal' parents and 'care' parents.
  15. There are many who would foster if it was respected, regulated and paid like a profession.
  16. Make the legislation as flexible and open-ended as possible in hopes that this will follow through to the regulations and policy. There are good sections in the current legislation that are not followed in practice. Ensure regulations/policies are followed.
  17. Thinks cumulative time for children in temporary care (like in Alberta) is good idea with two plans going at the same time.
  18. Did not feel at all supported when leaving care. "I left with nothing, left everything behind".
  19. Best Interest Factors: rather than 'bonding' we need to update terminology to reflect current research, which refers to the attachment of a child to his/her caregivers. Also it is the "quality of attachment" that is important.
  20. I would also like to see the role of a Protection Social Worker clarified through the Act - given that it is the Act that provides the mandate for our work. For instance, if the Act were to retain jurisdiction over deciding parental custody and access where there is no divorce and no protection, who is responsible for supporting parents through that process?
  21. Would like to see the services provided in Whitehorse (such as family support worker and foster family support worker), given to communities.
  22. The new act might have other ways to reach decisions other than coming from the judges' bench, especially early in the process where there are more opportunities for people to work collaboratively and share responsibility. This might be less adversarial - use principles of collaborative law.
  23. To offer a range of alternatives in legislation is not a bad thing e.g. British Columbia legislation has a mandatory case conference for every child that comes into care. This is in Family & Children's Services policy, but may not be well practised. If it goes into legislation, there's no question.
  24. I would be concerned if the act speaks primarily about First Nation groups. I believe all cultures should be considered as well as religious, spiritual groups. Although First Nation may be predominant here, we have lots of other groups to consider.
  25. I would like to see that children can't be taken into care until all supports given to a family are in place (and exhausted). There need to be more options available in child protection (e.g partial return of child). Support them first.

March 2004

What We Heard in March 2004

  1. Need to consider a holistic view of life, and how the new Children's Act will fit into people's lives as a whole. The Act should encourage harmony, and should not take responsibility away from people.
  2. "People should have to fight to get into court, not fight to get out." This person advocates using court as a very last resort, and encouraged the use of informal methods to settle child welfare concerns.
  3. The Act needs to address standing in court for First Nation governments whose members are involved in child protection matters.
  4. The word "permanent" custody is a problem. Can we find a better word that is not so final?
  5. Should have elders available to help struggling parents. More workshops and healing circles would also be helpful for women.
  6. Need ways for the lay person to understand their rights better.
  7. We should look at "Resource Councils" as a model for future child welfare service delivery in the Yukon.
  8. Family conferencing is helpful because it works for many cultures. The people at this meeting support the use of circles or family conferencing as a first step in any child welfare matter.
  9. Definitions need to be clear and stated at the beginning of the Act to allow for clear roles and transparency to all citizens (e.g. definition of child, parent, best interests, interested party, First Nation).
  10. Caution around recognizing that Canada is multicultural and more than First Nation and non-First Nation. Need to be more inclusive.
  11. Keep it simple & use plain language in Act to make it understandable for more than lawyers/workers. Bottom line is service delivery and a more user friendly Act would help with the difficulty in explaining information, especially to elders/oral culture.
  12. S.88 orders dispensing with consent to adoption seems very complicated and costly - likely more adoptions would happen if this process were simplified and in plain language.
  13. Open adoption very important to maintain identity of adopted child who, as an adult should not be denied information. If there are ways to support this it is important, however need flexibility in cases it may not be in child's best interest.
  14. Full homestudy in step-parent adoption is too complex - can simplify process because usually adoptions done with good intentions.
  15. Change the 7 day time limit to start court proceedings in child protection matters. There is too little time to proceed, especially if looking at adding processes such as family group conferencing.
  16. Ensure "least intrusive involvement".
  17. In Ontario when child turns 16 didn't take them into care, but entered contract agreement/case plan. Interesting to look at this in Yukon as it is difficult to apply Act here to 16+, particularly in communities.
  18. Should be made easier to rescind permanency.
  19. Need timelines for permanency looked at. Sometimes parents won't do anything until the word permanent is brought up.
  20. Likes idea of community based models as this would be more empowering to communities.
  21. Would like to see clear legislation around court procedures (and family conferencing). BC has a booklet that anyone can pick up and understand.
  22. Would like to see legislation oblige government to provide more education to older children in care.
  23. Thinks maximum age of care should be 19 with provision for 21-24. Especially important when Social Assistance can only start at 19. Department should be advocating for child's best interest for 5 years after they reach 19 years of age. Important to look at developmental age of child and realize a 19 year old may be functioning at 13 year old level.
  24. Would be good to look at Principles/Values in this legislation similar to Youth Criminal Justice Act.
  25. Consider provisions that ensure children's needs are properly met. Put "some teeth" into it so kids with special needs are ensured proper care. Can be described as philosophy of providing more than the community could have provided had the child not have gone into care.

February 2004

What We Heard in February 2004

  1. There are times when a family cannot look after a child, but in these situations the child should not be cut off completely from the family "like the parent died".
  2. Concern expressed for Grandparents who are trying to care for their Grandchildren, to prevent the children from being taken in to care.
  3. We need to build in a regular review of the legislation, every few years in the future.
  4. Staff training critical. There is a need for Health & Social Services staff to learn more about Yukon First Nation cultural differences. There is also a need to train more Yukon First Nation people to work in the child welfare area.
  5. There is a need for more Yukon First Nation foster homes, and for training for families who are willing to serve as foster parents.
  6. Support is needed for families, to prevent children from being taken into care. We need to channel to birth families the same resources we now give to foster parents in order to prevent children from being taken in to care.

January 2004

December 2003

What We Heard in December 2003

  1. Encourage the involvement of extended family to care for children, and maintain the child's cultural identity.
  2. Alcohol/Drug addiction, economic development and education are all intertwined in addressing family problems.

October 2003

June 2003