“Pathways in a Forest: Indigenous guidance on prevention-based child welfare” is a law reform report developed collaboratively by West Coast LEAF and the families, Elders and staff at Tillicum Lelum Aboriginal Friendship Centre, Lii Michif Otipemisiwak and the Fraser Region Aboriginal Friendship Centre Association. The report highlights efforts by Indigenous families, communities and Nations to revitalize Indigenous approaches to child welfare, develop comprehensive community-based supports and fight for self-determination.
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Access to justice
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.-
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Recommendations for legislative reform
Recommendation 10: Strengthen the legal duty of the Ministry to consider less disruptive measures by:- 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;
- 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;
- 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;
- 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.
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- Access to justice ,
- Accessibility ,
- Classism ,
- Courts ,
- Decolonization and Indigenous rights ,
- Disability and parenting ,
- Discrimination and hate ,
- Health, wellness and services ,
- Human rights system ,
- Indigenous children and youth in care ,
- International human rights ,
- Policing and the criminal justice system ,
- Poverty and economic inequality ,
- Public services ,
- Racism
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Recommendations for improving financial supports
Recommendation 18: MCFD should undertake a legislative review and financial policy review to ensure that all kinship caregivers are receiving the Child Tax Benefit and other benefits for each dependent in their care.-
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- Access to justice ,
- Accessibility ,
- Accessible services and technology ,
- Classism ,
- Decolonization and Indigenous rights ,
- Disability and parenting ,
- Discrimination and hate ,
- Economic inequality ,
- Health, wellness and services ,
- Human rights system ,
- Income insecurity and benefits ,
- Indigenous children and youth in care ,
- Poverty and economic inequality ,
- Public services
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Recommendations for improving prevention-based efforts
Recommendation 27: MCFD must work with the Ministry of Public Safety & Solicitor General to develop a comprehensive strategy for parents that are incarcerated or on parole.- The strategy must recognize that it is not always in the best interests of the child to remove a child from a parent or guardian that has had engagement with the criminal justice system.
- There must be supports to allow parents to have access with children in prison and while on parole. For example, the government should re-open the mother and baby unit in prisons.
- The policy should set out a strategy for expediting criminal checks so that no child’s placement is delayed because of a criminal record check.
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Recommendations for improving advocacy for parents and Indigenous communities
Recommendation 29: MCFD should work collaboratively with Indigenous communities to develop training and tools to support Indigenous peoples and communities to understand their rights regarding child welfare.-
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Recommendations for improving advocacy for parents and Indigenous communities
Recommendation 31: MCFD to ensure that the Indigenous community supporting the parent has been contacted and assisted to participate in the process where consent has been given by the parent.-
Category and theme:
- Access to justice ,
- Accessibility ,
- Accessible services and technology ,
- Decolonization and Indigenous rights ,
- Disability and parenting ,
- Health, wellness and services ,
- Human rights system ,
- Indigenous children and youth in care ,
- Indigenous rights and self-governance ,
- Poverty and economic inequality ,
- Public services
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