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 5: MCFD should amend the guiding principles of the CFCSA to ensure that children’s rights are not viewed as hierarchical but interdependent. The guiding principles should reflect the holistic nature of children’s rights including the right of the child to maintain relationships with their family and community, the child’s right to support services, and the importance of maintaining the child’s relationship to their culture.

Recommendations for legislative reform

Recommendation 8: MCFD should, in consultation with Indigenous communities and Nations, amend legislated timelines to allow for an opportunity to develop creative family plans.

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.

Recommendations for legislative reform

Recommendation 10: Strengthen the legal duty of the Ministry to consider less disruptive measures by:

1. Adding legislative language in the CFCSA that explicitly directs the Ministry to actively and diligently pursue and implement less disruptive measures on an ongoing basis;
2. Including a non-exhaustive list of less disruptive measures that the Ministry must consider on an ongoing basis including an order of preference of placements akin to that set out in section 16 of Bill C-92;
3. Adding legislative language in the CFCSA that directs the Ministry to establish in court that social workers have made active efforts that proved unsuccessful to return the child to their family;
4. Where parents and Nations have identified less disruptive measures, the CFCSA should direct the Ministry to provide prompt, clear, and written reasons for rejecting these less disruptive measures.

Recommendations for legislative reform

Recommendation 11: Increase court oversight of MCFD’s efforts to identify less disruptive measures by adding the following provisions to the CFCSA:

1. The court shall not make an order removing the child from the care of a parent or guardian unless the court is satisfied that less disruptive measures, including services to promote the integrity of the family, have been attempted, refused by the parent or would be inadequate to protect the child;
2. Where the court determines that it is necessary to remove the child from the care of a parent or guardian, the court shall, before making an order, consider whether it is possible to place the child with a person or group in accordance with the order of preference of placements.

Recommendations for improving financial supports

Recommendation 16: MCFD should develop a plain-language fact sheet for kinship caregivers that sets out the pathways available to them under the CFCSA and FLA. Social workers must be required to provide this information sheet to all caregivers that could qualify for the EFP.