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Indigenous organizations


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 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.



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 22: MCFD should work with community-based groups to develop safety and risk assessment tools that are adapted in order to recognize the unique cultures and ways of life of Indigenous communities across BC.


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