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English - Ontario Association of Children's Aid Societies

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C. THE CHANGING LANDSCAPE OF ABORIGINAL CHILD WELFARE IN<br />

ONTARIO<br />

THE FIVE YEAR REVIEW OF THE CFSA AND AN EMERGING NEW MODEL FOR CHILD<br />

WELFARE IN ONTARIO<br />

The Ministry <strong>of</strong> Children and Youth Services (MCYS) develops policy and administers<br />

programs and a service delivery system that is legislated by the Child and Family<br />

Services Act (CFSA). In 2010, the MCYS completed its five-year review <strong>of</strong> the CFSA and is in<br />

the process <strong>of</strong> developing strategies to address issues revealed by the review. A specific<br />

section <strong>of</strong> the final report reviewed the findings with respect to services to Aboriginal<br />

children and families.<br />

The review noted a number <strong>of</strong> challenges around Aboriginal child welfare in <strong>Ontario</strong>,<br />

including:<br />

> > The limited capacity <strong>of</strong> First Nations<br />

bands to respond and exercise their roles<br />

and responsibilities as set out by the CFSA,<br />

primarily due to lack <strong>of</strong> financial and<br />

human resources (MCYS, 2010)<br />

> > Subsection 2(2), paragraph 5 <strong>of</strong> the CFSA<br />

provides that one <strong>of</strong> the purposes <strong>of</strong> the<br />

Act, in addition to the paramount purposes,<br />

and so long as it is consistent with the<br />

paramount purposes, is: to recognize that<br />

Aboriginal peoples should be entitled to<br />

provide, wherever possible, their own child<br />

and family services and that all services to<br />

Aboriginal children and families should be<br />

provided in a manner that recognizes their<br />

culture, heritage and traditions and the<br />

concept <strong>of</strong> the extended family<br />

(OACAS, 2010b)<br />

> > Provincially, there is a lack <strong>of</strong> clarity with<br />

respect to the use <strong>of</strong> Customary Care<br />

as a permanency option for children<br />

involved with the child welfare system,<br />

notwithstanding the statutory obligation<br />

contained in Section 63.1, Part X<br />

(OACAS, 2010b)<br />

Despite provisions <strong>of</strong> the Child and<br />

Family Services Act that allow First<br />

Nations and Aboriginal communities<br />

to establish child welfare services and<br />

achieve designation to deliver child<br />

protection services, there are only six<br />

designated Aboriginal CASs in <strong>Ontario</strong>.<br />

The progress <strong>of</strong> devolution depends on<br />

government prioritizing this agenda and<br />

actively collaborating with Aboriginal<br />

communities. Aboriginal communities<br />

and advocates are the appropriate<br />

stakeholders to consult with to<br />

establish whether the barriers to<br />

progress are legislative, regulatory,<br />

financial or other. It is critical that<br />

government consult with the Aboriginal<br />

leadership to determine the appropriate<br />

course <strong>of</strong> action. - OACAS, 2010b<br />

135

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