Recommendations for systemic reform

Recommendation 1: The BC government should work with Indigenous communities to undertake a comprehensive and transparent assessment of the steps that need to be taken to address the disparities in the social determinants of health for Indigenous peoples in BC.

Recommendations for systemic reform

Recommendation 2: The BC government should undertake a review of the current breakdown in ministerial responsibilities over primary, secondary, and tertiary prevention supports to assess where responsibilities lie for prevention services. It should then amend legislation and mandates, and reallocate funding to fill the current gaps in service provision.

Recommendations for systemic reform

Recommendation 3: The BC Human Rights Commission should undertake a review/inquiry into MCFD culture, training, policies, procedures, practices, and accountability mechanisms to assess whether MCFD policy and practice is in line with the Human Rights Code.

Recommendations for legislative reform

Recommendation 4: MCFD should undertake a comprehensive legislative review of the CFCSA in order to bring the provincial child welfare standards in line with the federal minimum standards. It is essential that Indigenous communities and Nations are adequately consulted in the review process.

Recommendations for legislative reform

Recommendation 9: MCFD should review the legislation to assess how the legislation could support a more accountable and robust legal framework for prevention-based supports including by:

1. Adding a comprehensive list of functions for MCFD at the beginning of the legislation which includes:
   1. working with community and social services to alleviate and remedy the socio-economic conditions that place families at risk;
   2. developing and providing services and supports before and after intervention;
   3. proactively identifying groups of children the recognition and realization of whose rights may require MCFD to undertake special measures and develop special programming
2. Replace the reference of prevention services in section 2(c) of the CFCSA, with a legislative provision that places a binding and measurable obligation on the Ministry to provide supports to keep families together who are at risk of having their children apprehended. The provision should place a positive obligation on the Ministry to take active efforts to provide remedial services and rehabilitative programs designed to prevent the breakup of the child’s family. The courts must then be satisfied that these active efforts proved unsuccessful in keeping the family together.
3. Expand the list of supports under section 5 to include:
   1. improving the family’s financial situation;
   2. improving the family’s housing situation;
   3. improving parenting skills;
   4. improving child-care and child-rearing capabilities;
   5. improving homemaking skills;
   6. drug or alcohol treatment and rehabilitation;
   7. providing child care;
   8. mediation of disputes;
   9. self-help and empowerment of parents whose children have been, are or may be in need of protective services; and,
   10. transition supports for families who have just had a child apprehended or returned.

Discrepancies in the delivery of child welfare services

Subtitle:SYSTEMIC RACISM

Recommendation 12: Project participants also expressed the need for training to cover the following topics: genderbased violence; Indigenous rights, identities, and cultures; the role of ongoing colonialism on intergenerational trauma; the potential for communities and families to provide more appropriate solutions to family healing; and the importance of culture and connection to the child’s well-being.

Recommendations for improving financial supports

Recommendation 13: In the meantime, the BC government and MCFD should bridge the gap between the current welfare and disability rates and the MBM for all families that are at risk of having children apprehended by MCFD.

Discrepancies in the delivery of child welfare services

Subtitle:A TOP-DOWN APPROACH

Recommendation 13: MCFD must review its policies and practices to increase the use of ADR processes, including changing the definition of family in ADR processes to recognize and honour Indigenous conceptions of family.

A pathway forward

JURISDICTIONAL SHORTFALLS: THE LIMITS OF MODERN TREATIES AND BILL C-92

Recommendation 18: BC government and MCFD to ensure that children are provided with services while the family navigates the process and develop a consistent mechanism for repaying costs for services provided in the interim

Recommendations for improving prevention-based efforts

Recommendation 21: The BC government and MCFD should work with Indigenous communities to fund and develop comprehensive services for families that are experiencing violence including services for abusive men and services for the entire family. These services should address intersecting needs including historical trauma, parenting skills, and substance use.