First Nations Child Welfare in Alberta

In 2006, there were 97,275 First Nations people in Alberta; they represented 14 % of the totalFirst Nations population in Canada and 3 % of the population in Alberta (Statistics Canada, 2006). First Nations children constituted 5 % of the child population in Alberta; an additional 4% of the child population was non-First Nations Aboriginal (Statistics Canada, 2006 Census).[1]Aboriginal children make up about 9% of the child population in Alberta yet comprise 62% of all children in care (Alberta Children and Youth Services, 2009).

The First Nations communities inAlberta have long worked to re-gain control over child welfare practices related to their children. The results of their efforts are demonstrated by the existence of twenty First Nations child welfare agencies, development that followed the 1973 signing of the Blackfoot (Siksika) child welfare agreement, the first child welfare agreement with a First Nations community in Alberta (Alberta Child and Youth Services, 2007). In addition to the growing scope of First Nations agencies, the legislative and child welfare standards governing Alberta’s provincially run child welfare agencies contain special considerations for Aboriginal children, including the requirement that an applicant for private guardianship or adoption of an Aboriginal child provide a cultural connection plan outlining the ways in which that child’s culture, heritage, spirituality and traditions will be fostered (Child, Youth and Family Enhancement Act, 2000).

Historical Overview of the First Nations Child Welfare System in Alberta

Alberta shares a common national history with other provinces in regards to the development of First Nations child welfare. Residential schools served as the primary mechanism of First Nations child welfare in Canada between 1879 and 1946 (Milloy, 1999). During this period, the Canadian government’s policy regarding First Nations child welfare was to assimilate Aboriginal peoples into Anglo-European culture by separating Aboriginal children from their families. In 1920 an amendment to the Indian Act made attendance at designated state sponsored (day, residential, institutional) schools mandatory for all children “between the ages of seven and fifteen years” who were physically able to attend (An Act to amend the Indian Act, 1920, A10). It also allowed truant officers to enforce attendance, giving them the right to, “enter any place where he has reason to believe there are Indian children” of school age and to arrest and convey to school truant children. (An Act to amend the Indian Act, 1920, A10). In Alberta there were twenty-nine residential schools operating between 1862 and 1975 (Assembly of First Nations, 2010).

In 1951,the introduction of Section 88 tothe Indian Actmade “all laws of general application from time to time in force in any province applicable to and in respect of Indians in the province” (Indian Act, s. 88, c. 9, s. 151, 1985). Section 88 made it possible to enforce provincial child welfare legislation on-reserve. For the first time provincial child welfare authorities began to apprehend Aboriginal children living on-reserve; this resulted in a sharp increase of First Nations children placed in care (Royal Commission on Aboriginal Peoples, 1996). In Alberta by 197951% of all children temporarily in out-of-home care and 44% of children permanently in out-of-home care were Aboriginal (Johnston, 1983).

Starting in the early 1970s First Nations communities began to formally develop child welfare agencies on-reserve. In 1973, the Canadian and Albertan governments signed the Blackfoot (Siksika) child welfare agreement giving the Blackfoot Nations the right to conduct child welfare investigations under the terms of the Child, Youth, and Family Enhancement Act (Child Youth and Family Enhancement Act, 2000; Alberta Child and Youth Services, 2007).Subsequently, other First Nations communities signed similar agreements to form delegated First Nations child welfare agencies( Alberta Child and Youth Services, 2007).

In 1991, Indian and Northern Affairs Canada (INAC) signed the Arrangement for the Funding and Administration of Social Services agreement with the Alberta government, creating a funding formula for on-reserve First Nations child welfare services provided by the provincial government (Government Canada Social Policy and Programs Branch, 2005).The terms of the agreement were that INAC monetarily reimburse the Alberta Ministry of Children and Youth Services monthly for services provided to First Nations communities on-reserve according to estimated administrative costs and actual costs for First Nations children placed in care (Government Canada Social Policy and Programs Branch, 2005). During this time, due to a rise in the number of First Nations child welfare agencies and a perceived lack of funding for such services, Indian and Northern Affairs Canada (INAC) in 1991 implemented a national First Nations child welfare program (Auditor General of Canada, 2008). The program comprised of a funding formula, Directive 20-1, and standards, documented in the First Nations Child and Family Services National Program Manual, which required First Nations child welfare agencies to conduct child welfare services based on provincial standards (Auditor General of Canada, 2008). The program placed greater constraints on First Nations child welfare agencies through standards of practice and funding control of services (Auditor General of Canada, 2008).

The Current Structure of First Nations Child Welfare

In Alberta, there are currently eighteen First Nations child welfare agencies that serve on-reserve children and families, and two additional non-delegated First Nations agencies ( Alberta Child and Youth Services, 2007).Non-delegated agencies provide child welfare services but do not have the authority to conduct child welfare investigations enforcing the Child, Youth and Family Enhancement Act(Child, Youth and Family Enhancement Act, 2000); delegated agencies have signed agreements with the provincial government that give them such authority. There are also 10 regional child welfare authorities that are responsible for providing intervention services to First Nations children and families living off reserve (INAC, n.d.). All First Nations child welfare agencies in Alberta are tied to the same legislative and policy framework as provincial agencies.

In 2000, an amendment to the Alberta Child, Youth and Family Enhancement Act included special considerations and acknowledgement of First Nations children’s unique position within the child welfare system including Aboriginal band member involvement in placement decisions related to children from the same band and the requirement that when an out-of-home placement involves an Aboriginal child the applicant guardian present a cultural connection plan outlining the ways in which that child’s Aboriginal identity will be perserved (Child, Youth and Family Enhancement Act, 2000)

First Nations child welfare agencies in Alberta have been funded by INAC under the “Enhanced Prevention-Focused funding” formula since 2007. The funding formula was introduced in response to criticism of Directive 20-1, the funding formula that was in place before 2007. The “Enhanced Prevention-Focused” formula consists of maintenance, operational, and prevention funds. Maintenance funds are meant to cover costs of each child in care, operational funds are intended to cover administrative costs and prevention funding is for child maltreatment prevention programs (Government of Canada 2009, Johnston 2010a). The “enhanced prevention focused funding” model addresses some key criticisms of directive 20-1: it provides increased funding (Auditor General of Canada 2008, INAC 2010), specifically targets funds for prevention, and allows agencies increased flexibility in using funds (Government of Canada 2009, Johnston 2010a). Indeed, INAC reports that Alberta agencies received $18.5 million additional dollars through the enhanced prevention model in 2008-09 and that they will receive $98.1 million over the five year period following introduction of the new formula. In addition, INAC asserts that initial reports suggest a decrease in caseloads and a rise in permanent placements of children in the years since the shift to the new funding formula (INAC 2010).

Still, as the Auditor General of Canada (2008) has noted, some of the flaws identified in directive 20-1 (McDonald & Ladd 2000) are reproduced in the new funding model. Operations costs continue to be partially based on an assumed average rate of out of home placements rather than actual agency expenses (House Standing Committee on Public Accounts 2010, Auditor General of Canada 2008) and there does not appear to be a formal mechanism for linking INAC funding levels to the shifting responsibilities mandated by provinces/territories (Government of Canada 2009, Johnston 2010b).In addition, in contrast to directive 20-1, which covered actual maintenance expenses for children in out of home care, the new model designates a block of maintenance funds based on agency maintenance costs during the previous year (Government of Canada 2009). This block funding mechanism does not include a formal mechanism for covering costs associated with the maintenance of children with particularly complex special needs, or the other factors which INAC identifies as driving a doubling of maintenance costs over the last decade (INAC 2010). Thus, the full impact of the shift in funding models for First Nations agencies in Alberta is yet to be assessed and understood.

Agencies delegated to conduct child welfare investigations / Agency / First Nations Served
Akamkispatnaw Ohpikihawasowin (AKO) Child & Family Services / Louis Bull, Montana
Athabasca Tribal Council / Fort McMurray, Fort McKay, Janvier, Fort Chipewyan, Mikisew, Athabasca Chipewyan, Chipewyan Prairie
Bigstone Cree Social Services Society (Bigstone Indian) / Bigstone Cree
Blood Tribe Child Protection Services Corporation / Blood Tribe
Kasohkowew Child Wellness Society / Sanson Cree
Kee Tas Kee (KTC) Child & Family Services / Woodland Cree, Whitefish Lake, Loon River
Lesser Slave Indian Regional Council Child Welfare / Dunca, Drift Pile, Swan River, Kapown, Sturgeon Lake, Horse Lake, Sucker Creek, Kapawe'no, Sawridge
Little Red River Cree Nation Child & Family Service Society / Fox Lake, Garden River, Jean D'or Prairie
North Peace Tribal Council Child & Family Services / Dene Thai, Tallcree, Beaver
Piikani Child & Family Services / Piikani (formerly known as Peigan)
Siksika Family Services Corporation / Siksika
Stoney Child & Family Services / Bearspaw, Chiniki, Wesley
Saddle Lake Wah-KohTo-Win Child & Family Services / Saddle Lake
Tribal Chiefs Child & Family Services East / Keheewin Cree, Frog Lake
Tribal Chiefs Child & Family Services West / Beaver Lake, Heart Lake, Goodfish Lake
Tsuu Tsina Nation Child & Family Services / Sarcee Independent, Tsuu T'ina
Western Cree Tribal Council / Horse Lake, Sturgeon Lake, Duncan
Yellowhead Tribal Services / Alexis, Enoch, Sunchild, Ochiese

References:

Alberta Child and Youth Services. (2007). Delegated First Nations Agencies. Retrieved

from

Alberta Children and Youth Services.(2009). Annual Report. Retrieved from:

An Act to Amend the Indian Act. (1920). Retrieved from

Assembly of First Nations. (2010). History of Indian Residential Schools. Retrieved from

Audit and Evaluation Sector, Indian and Northern Affairs Canada. (March 2007).

Evaluation of the First Nations Child and Family Services Program. Retrieved from

Auditor General of Canada. (2008). First Nations child and family services program –

Indian and northern affairs Canada. In Auditor General of Canada, Report of the Auditor General of Canada to the House of Commons. Retrieved from

Blackstock, C., Prakash, T., Loxley, J., & Wien, F. (2005). Wen:de: We are Coming to

the Light of Day. Ottawa: First Nations Child and Family Caring Society of Canada.

Child, Youth and Family Enhancement Act. R.S.A (2000) Retrieved from

Government Canada Social Policy and Programs Branch. (2005). First Nations Child and

Family Services National Program Manual. Ministry of Indian Affairs and Northern Development. Retrieved from

Indian Act, R.S., (1985). c.I-5, S88. Retrieved from:

Indian and Northern Affairs Canada. (n.d.). Overview of Child Welfare for those

Provinces Implementing the Enhanced Prevention Framework Approach. Retrieved from

Indian and Northern Affairs Canada. (2007). Evaluation of the First Nations Child and

Family Services Program. Retrieved from:

Indian and Northern Affairs Canada. (2010). Better Outcomes for First Nations

Children: INAC’s Role as a Funder in First Nations Child and Family Services Updated: July 2010. Retrieved from

Johnson, Odette. (December 20, 2009). Affidavit. First Nations Child and Family Caring

Society of Canada and Assembly of First Nations v. The Attorney General of Canada representing the Minister of Indian and Northern Affairs., City of Ottawa. Retrieved from

Johnson, Odette. (February 26, 2010). Cross Examination by Mr.Champ: First Nations

Child and Family CaringSociety of Canada and Assembly of First Nations v. The Attorney General of Canada representing the Minister of Indian and Northern Affairs., City of Ottawa. Retrieved from

Milloy, J. (1999). A National Crime: The Canadian Government and the Residential

School System 1879-1986. Winnipeg: University of Manitoba Press.

McDonald, N., & Ladd, P. (June 2000). First Nations Child and Family Services Joint

National Policy Review: Draft final report. Prepared for the Assembly of First Nations with First Nations Child and Family Service Agency Representatives in Partnership with the Department of Indian Affairs and Northern Development. Ottawa: AFN and DIAND.

Royal Commission on Aboriginal Peoples. (1996). The Report on the Royal Commission

on Aboriginal Peoples. Retrieved from

[1] There are three groups of Aboriginal peoples in Canada recognized by the Constitution Act (1982): First Nations, Métis, and Inuit.