Affidavit of Michael Bear - Phoenix Sinclair Inquiry

"So in a case like Tracia, if you have a familv
and, and I believe
where the Agency fell short in making the decision about a
good permanency plan for Tracia was in their attempts to
maintain Tracia in her community and with her family. And at
some point perhaps the decision should have been made that
there was some stability needed for Tracia, at the same time
maintaining her connections to her family and to her
community. but recognizing that at that point in time her family
was not demonstrating an ability to care for her and they needed
to find some other option for her." (Vol. 20, p. 93)
[192] This quotation coincides with the conclusion I reached after hearing
all the evidence presented at this inquiry. The above-noted legislative
mandate anticipates such an approach and the standards and regulations
support such an approach.
[193] In my view, the decision concerning Tracia with Kirkos House, the
four-bed facility and Project Neecheewam
were sound based on good child
welfare practice. The problems were analyzed and efforts made to try and
place Tracia in the best resources available in order to assist her with her
difficulties. I believe this approach was particularly evident with respect to
Project Neecheewam. Every problem Tracia presented was responded to
with assistance and treatment in order to assist her. The evidence presented
indicated stabilization was taking place and there was justifiable optimism.
If stabilization is necessary before the problems can be attacked then
Tracia's disclosure of sexual abuse indicated that stabilization and her need
to disclose and deal with her problems. Unfortunately I believe this
disclosure was the proverbial straw that broke the camel's back and led to a
very quick disintegration which despite attention and effort could not be
prevented. This being all the more tragic because at the time of her death
Tracia was finally receiving the attention, effort and support that she
required and needed.
[194] In my respectful view, supported by the testimony, the attention and
effort was given years too late and if given earlier might have prevented
Tracia being in the situation she found herself even prior to Kirkos and the
efforts that followed.
[195] A concerted effort to establish a permanency plan, a good case plan, a
connection to the community and a decision that for the near future the
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