The legal context: Assessing the child welfare legislation from a rights-based framework

THE STATE’S POSITIVE OBLIGATION TO PREVENT AND ADDRESS FAMILY VIOLENCE

Recommendation 2: States should allocate adequate resources to address risk factors and prevent violence before it occurs. Policies and programmes should address immediate risk factors, such as a lack of parent-child attachment, family breakdown, abuse of alcohol or drugs, and access to rearms. In line with the Millennium Development Goals, attention should be focused on economic and social policies that address poverty, gender and other forms of inequality, income gaps, unemployment, urban overcrowding, and other factors which undermine society

Title:AN ANALYSIS OF THE CHILD WELFARE LEGISLATION IN BC

Subtitle:THE BEST INTEREST OF THE CHILD PRINCIPLE AND THE LEGISLATIVE EMPHASIS ON THE CHILD’S SAFETY

Recommendation 3: the Alberta Child, Youth and Family Enhancement Act (CYFEA), provides that the best interests of the child assessment requires decision makers to provide children who have been exposed to family violence any intervention service that “supports family members and prevents the need to remove the child from the custody of an abused family member.” This is a key framing of some of the programming needed to address family violence in the case of the child welfare system and is the approach that many Indigenous community-based family service organizations electively employ to keep families together. We recommend that similar language is included in the defnition of the best interests of the child principle that directs decision-makers to turn their mind to prevention-based supports in assessing the right of the child to be protected from harm.

Substance use: Current MCFD approaches and recommendations for change

Recommendation 14: make specialized substance use consultants available to support families to develop timely safety planning including engaging and enabling the support of family members.

A pathway forward

THE SHORTFALLS WITH FEDERAL AND PROVINCIAL FUNDING OF CHILD WELFARE SERVICES FOR INDIGENOUS FAMILIES

Recommendation 19: MCFD must continue to work with communities to ensure that they are being adequately funded to provide child welfare services.

Recommendations for improving prevention-based efforts

Recommendation 19: The BC government and MCFD should increase preventative program funding to Indigenous communities for existing or new promising practices. Funding must be equitable, sustained and long-term, and cover the delivery of holistic services as identified by communities. Funding should cover services such as:

• Human resource needs of community-based groups including issues with retention, burn out, inequity in pay scales etc.
• In-home support
• Pregnancy support and baby welcoming programs
• Transition support programming for families after children have been removed or upon being returned home
• Supports for parents whose children are in care
• Provide in-home support immediately as a tool to prevent removal
• Funding for cultural programming that is consistent and frequent

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.