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AFN press release ...

National Chief Responds to Minister Prentice's Dismissal of The First Nations Child Welfare Crisis

OTTAWA, Feb. 8 - Assembly of First Nations (AFN) National Chief Phil Fontaine recently announced that the AFN is considering filing a Canadian Human Rights Complaint against the Department of Indian and Northern Affairs Canada (INAC) based on discriminatory funding of First Nation Child Welfare Agencies.

"It is unfortunate that the Minister will not acknowledge the true extent of the problem, and instead chooses to focus on the exact number of on-reserve First Nation children in state care. As the Minister responsible for status Indians in Canada it is disappointing that the Minister is not concerned with the total number of First Nations children in care. Whether it is 27,000 or 37,000, it is tens of thousands too many. But to set the record straight, the following is based on indisputable evidence generated by third party AND joint INAC-AFN collaborative studies:

• INAC funded a national research published report called Wen: de in 2005, based on three sample provinces where First Nation children are tracked in off-reserve agencies confirm the total number to be 27,000.
• Total conservative estimate is 27,000 First Nation children in provincial and First Nation agencies overall.
• INAC year end data confirms the on reserve total at 9,000, but the AFN's position is that all First Nations children matter, both on and off-reserve.

"The Minister went on to state that funding for First Nations Child and Family Services is not capped at 2% but increases annually by 11%. There are two budget components for any given child welfare agency, operational and maintenance," pointed out the National Chief. "The operational budget is the component that would enable the agencies to raise the quality of protection and engage in prevention services, this budget has been capped at 2% for the past decade."

"To equate the departmental maintenance budget increases of 11% annually as a good thing, is like saying the fact that the increasing numbers of First Nations children coming into care is a good thing. I would hope that Minister Prentice agrees with this point as evidenced by the following quotes from his own departmental website:

"The current Program also lacks the authority to provide adoption subsidies and supports and less costly placement options such as kinship care, which are more effective for the child."

"The reimbursement regime for high cost placements out of the parental home combined with the lack of resources for least disruptive measures/prevention services is contributing to escalating program costs."

"At the end of the day, we must remember one thing, no matter what the exact number of our children in care is, these current high levels are unacceptable," concluded the National Chief.

"The Minister may acknowledge 9,000 and choose to ignore those in off reserve agencies. However it is the responsibility of First Nations to address the health and well being of every single First Nations child, no matter where they reside."

A fact sheet with more detailed information has been contributed by the First Nations Child and Family Caring Society, a partner of the Assembly of First Nations

The Assembly of First Nations is the national organization representing First Nations citizens in Canada.

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The Evidence Supporting Human Rights Case in Child Welfare
Summary Sheet

Prepared by Cindy Blackstock of the First Nations Child and Family Caring Society of Canada
February 7, 2007
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Position: Number of First Nations children in care on and off the reserve

Source(s):
- Wen:de: We are Coming to Light of Day pp. 42-43
- INAC Year End Data
- Blackstock (2003)
- Ferris Manning and Zands
- Minister Prentice (2007)

Quotes/Comments:
In Wen de, an analysis of provincial child welfare data found there were 9771 First Nations children in care in three sample provinces alone. This lines up with the estimate of 27000 on and off reserve across Canada. The estimate that there were between 22,500 and 28,000 First Nations children in care was
first published by Ferris-Manning and Zandstra and separately
by Blackstock in 2003 have remained unchallenged. "I've looked at the stats over the last 10 years - the number of kids in apprehension has increased by 65 per cent," Prentice told CBC News Monday. CBC News (2007)

Position: It is important to support the work of First Nation child welfare agencies.

Source(s):
- United Nations Committee on the Rights of the Child (2003) Article 26
- Joint National Policy Review on First Nations welfare (McDonald and Ladd 2000)
- McKenzie B (2002)
- Wen de Report

Quotes/Comments:
Article 26 "It(The UNCRC) is equally encouraged by establishment of Nations child and family service agencies providing culturally sensitive services to children and families within their communities"Note: there are numerous citations supporting FN CFSA work I have included just a couple here but more could be provided if needed"

Position: Inadequacy of Federal child welfare funding.

Sources(s):
- Minister Prentice (2007)
Quotes/Comments:
Prentice said he know the system (child welfare) needs work and his department is try to figure out what to. CBC News Feb 6, 2007

Source(s):
- BC Children and Youth Review (AKA the Hughes Commission) (2006)
Quotes/Comments:
Recommendation 14 "... replace Directive 20-1 with a new approach that is more supportive of measures that protect the integrity of the family.

Sources(s):
-Amnesty International (2006)
Quotes/Comments:
"In 2000, the federal government acknowledged that chronic under- funding of child and family services in Indigenous communities means that Indigenous communities were often denied access to services that could provide for Indigenous children's welfare while keeping them within their families and communities."

Source(s):
INAC First Nations Child and Family Services National Program Manual(2005)
Quotes/Comments:
"the majority of the(NPR) recommendations, however, have not beenimplemented." "for example when the formula was conceived in the early 1980s computers were not used to the same extent that they are today. As well there was less emphasis on prevention than there is now. These changes have put more pressure on Recipients with little resources to adapt to current trends."

Source(s):
- INAC (2003) Evidence to Sub committee on children and youth at risk Mr. Smith, Acting DM INAC
Quotes/Comments:
"Having said that, let me assure you that INAC does not minimize the role it plays in child and familyservices, nor the effect our policy has on the lives of Indian children living on reserve. As recently stated by my minister, INAC's current one-size-fits-all first nations child and family services policy, developed in the late 1980s, has simply not kept up with provincial development in this area."

Source(s):
- Saskatchewan Government Community Resources and (2004)
- Wen de Reports
- Joint National Policy Review on First Nations Child and Family Services (McDonald and Ladd, 2000)
Quotes/Comments:
"The department continues Employment to press INAC on a funding approach for FNCFS agencies that would support equivalent child welfare services on and off reserve"

Position: Jordan's Principle to Jurisdiction Disputes as recommended in Wen de.

Sources(s):
- Wen de: Report
- Lavallee (2005)
Quotes/Comments:
Over 200 including Canadian Paediatric Society, National Youth in Care Network, UNICEF Canada, Canadian Child Care Federation, Laidlaw Foundation, Family Services Canada, International Social Services Canada,

Position: Neglect as Key Reason Why FN over represented in care

Sources(s):
- Wen de Reports
- Trocme, Knoke and Blackstock (2004)
- Trocmé, N.., Fallon, B., MacLaurin, B., & Shangreaux, C. (2005)
- Trocmé, N. MacLaurin, B., Fallon., B., Knoke, D., Pitman,L. & McCormack,.M. (2006)

Quotes/Opinions:
Two cycles of the Canadian Incidence Study on Reported Child Abuse and Neglect confirm that the leading reason why First Nations children come to the attention of child welfare is neglect fueled by poverty, poorhousing and care giver substance misuse.

Position: Link of Neglect to Poverty

Sources(s):
- Trocmé, N.., Fallon, B., MacLaurin, B.,& Shangreaux, C. (2005)
- Trocmé, N. MacLaurin, B., Fallon., B., Knoke, D., Pitman,L. & McCormack,.M. (2006)
Quotes/Opinions:
Secondary data analysis of the Canadian Incidence Study on Reported Child and Abuse and Neglect find that poverty is a key contributing factor to the over representation of First Nations children substantiated for neglect. Other factors are poor housing (correlated with poverty) and caregiver substance misuse. Both reports recommended additional investments in prevention services and long term sustainable community development to reduce poverty

Source(s):
- United Nations Committee on Economic, Social and Committee Cultural Rights(2006)Reviewing Canada's 5th and 6th periodic reports

Quotes/Opinions:
Article 56 " the recommends the State Party (Canada) gather disaggregated statistical data inrelation to the relinquishment to foster care of children belonging to low income families, single mother led families, Aboriginal families and African Canadian families in order to accurately assess the extent of the problem.....in accordance with the provisions of Article 10 of the Covenant on the protection of families, the federal, provincial and territorial governments undertake all measures including through financial support, where necessary, to avoid such relinquishment"

---------------------------------------------------------------References

• Amnesty International (2006) The human rights of indigenous peoples must be protected. Ottawa: Amnesty International Canada. Retrieved 07 February 2007 http://www.amnesty.ca/themes/canada_hr_ip.php
• Blackstock, C. (2003). First Nations child and family services: restoring peace and harmony in First Nations communities. In K. Kufeldt and B. McKenzie (Eds.) Child welfare: connecting research policy and practice (pp. 331-343). Waterloo: Wilfrid Laurier University Press.
• Blackstock, C., & Trocmé, N. (2005). Community based child welfare for Aboriginal children. In M. Ungar (Ed) Handbook for working with children and youth: pathways to resilience across cultures and contexts (pp.105-120). Thousand Oaks: Sage Publications.
• Blackstock, C., Trocmé, N., & Bennett, M. (2004). Child welfare response to Aboriginal and caucasian children in Canada: A comparative analysis. Violence Against Women, 10 (8), 901-916.
• 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.
• CBC News (2007) Foster Care System Needs Improvement: Prentice. Retrieved 07 February 2007 at http://www.cbc.ca/canada/north/story/2007/02/06/foster-care.html?ref=rss
• Ferris-Manning, C., & Zandstra, M. (2003). Children in Care in Canada: Summary of current issues and trends and recommendations for future research. Unpublished paper prepared for the Child Welfare League of Canada for submission to the National Children's Alliance.
• Hughes, Ted.(2006) BC Children and Youth Review. Retrieved 07 Feb 2007 at http://www.childyouthreview.ca/down/BC_Children_and_Youth_Review_Report_FINAL_April_4.pdf
• Indian Affairs and Northern Development (2005). First Nations child and family services national program manual. Ottawa: INAC social policy and programs branch. Retrieved 07 Feb 2007 at http://dsp-psd.pwgsc.gc.ca/Collection/R2-332-2004E.pdf
• Lavalee, T. (2005) Federally funded First Nation Children with complex medical needs. Paediatrics and Child Health 10(9), 527-529. Oakville: Pulsus Group Inc.
• Loxley, J., De Riviere, L., Prakash, T., Blackstock, C., Wien, F., & Thomas Prokop, S. (2005). Wen: de: the journey continues. Ottawa: First Nations Child and Family Caring Society of Canada.
• McDonald, R. & Ladd, P. (2000). Joint national policy review of First Nations child and family services joint national policy review. Ottawa: Assembly of First Nations.
• McKenzie, B. (2002). Block funding child maintenance in First Nations child and family services: A policy review. Unpublished paper prepared for Montreal: Kahnawake Shakotiia'takenhas Community Services.
  Sub Committee on Children and Youth At Risk, 37th Parliament Second Session (October 2003). Evidence of Mr. Michael Smith Acting Deputy Minister INAC. Retrieved 07 February 2007 at http://cmte.parl.gc.ca/cmte/CommitteePublication.aspx?SourceId=63966
• Saskatchewan Government Community Resources and Employment (2004) One year progress report on the recommendations of the Baby Andy review- July 2004. Retrieved 07 Feb 2007 at http://www.dcre.gov.sk.ca/publications/pdfs/BabyAndy_Progress_Report.pdf
• Trocmé, N.., Fallon, B., MacLaurin, B., & Shangreaux, C. (2005). The experience of First Nations children coming into the child welfare system in Canada: the Canadian Incidence Study on reported child abuse and neglect. In First Nations Child and Family Caring Society of Canada (Ed.), Wen:de: coming to the light of day (pp.60-86). Ottawa: First Nations Child and Family Caring Society of Canada.
• Trocmé, N., Knoke, D., & Blackstock, C. (2004). Pathways to the overrepresentation of Aboriginal children in Canada's Child Welfare System, Social Service Review, December 2004, 577-600.
• Trocmé, N. MacLaurin, B., Fallon., B., Knoke, D., Pitman,L. & McCormack,.M. (2006). Mesnmik Wasatek: Understanding the overrepresentation of First Nation children in Canada's child welfare system: An analysis of the Canadian Incidence Study of Reported Child Abuse and Neglect (CIS-2003). Ottawa: First Nations Child and Family Caring Society of Canada.
• United Nations Committee on Economic, Social and Cultural Rights (2006). Concluding observations of the UN Committee on Economic, Social and Cultural Rights: Canada 4th and 5th periodic reports. United Nations Office of the High Commissioner for Human Rights: Geneva, Switzerland.
• United Nations Committee on the Rights of the Child (2003). Concluding observations of the Committee on the Rights of the Child: Canada. United Nations Office of the High Commissioner for Human Rights: Geneva, Switzerland.

For further information: Bryan Henry, AFN A/Communications Director, (613) 241-6789 ext. 229, cell (613) 293-6106, bhendry@afn.ca;. Nancy Pine, Communications Advisor, Office of the National Chief, (613) 241-6789 ext. 243, cell, (613) 298-6382, npine@afn.ca.