- What is the Child and Family Services Act?
- What is the federal government’s Act respecting First Nations, Inuit and Métis children, youth and families?
- What are “applicable Aboriginal organizations” or “AAOs”?
- Why are amendments to the Child and Family Services Act needed?
- Who can provide feedback on the Discussion Paper?
- What should be included in an Act vs. in a practice standard?
- Do the amendments support Indigenous self-government in relation to child and family services?
- Where can I find more information and/or data on Child and Family Services in the NWT?
What is the Child and Family Services Act?
The Child and Family Services Act establishes both the prevention and protection framework for children and youth in the NWT. It sets the requirements for child and family services delivery across the Territory to both Indigenous and non-Indigenous children, youth, and families.
A plain language summary of the provisions set out under the current Child and Family Services Act is included in the Discussion Paper to help explain the different parts of the Act.
What is the federal government’s Act respecting First Nations, Inuit and Métis children, youth and families?
The Act respecting First Nations, Inuit and Métis children, youth and families (Federal Act) came into force on January 1, 2020. It was co-developed with Indigenous, provincial and territorial partners, and
- affirms the rights of First Nations, Inuit and Métis peoples to exercise jurisdiction over child and family services;
- establishes national principles such as the best interests of the child, cultural continuity, and substantive equality; and
- contributes to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples.
The Government of Canada co-developed the new legislation to reduce the number of Indigenous children and youth in care and improve child and family services. The Federal Act is specific to child and family services provided to First Nations, Inuit, and Métis children, youth, and families. For more information, see the Government of Canada’s website.
What are “applicable Aboriginal organizations” or “AAOs”?
An “applicable Aboriginal organization” or “AAO” is an Indigenous government or organization set out in accordance with the NWT’s Child and Family Services Regulation. AAOs are served (with documents) prior to court proceedings, such as an apprehension hearing, child protection hearing, or youth protection hearing and are parties to these hearings.
A central repository of AAOs is maintained by the Director of Child and Family Services and can be found here.
Why are amendments to the Child and Family Services Act needed?
There continues to be many systemic issues within the Child and Family Services system that contribute to the inequities of services delivered to families. The larger goal of system reform has been long identified, and amendments to the Child and Family Services Act are part of this work.
Most of the amendments proposed in the Discussion Paper are being considered so that the Child and Family Services Act aligns with the principles and standards for service provision set out under the federal government’s Act respecting First Nations, Inuit, and Métis children, youth and families. Many requirements in the Federal Act are not yet reflected in the NWT’s legislative framework but are set out in current NWT practice standards and, where appropriate, are being applied to both Indigenous and non-Indigenous children, youth, and families.
Who can provide feedback on the Discussion Paper?
Feedback is welcome from everyone, including frontline service providers, non-profit organizations, Indigenous governments, and those with lived experience.
Comments and questions can be sent to:
Email: dhssacts_feedback@gov.nt.ca
Attention:
Comments on proposed amendments to the CFS Act
Policy, Legislation and Communications
Department of Health and Social Services
Government of the Northwest Territories
PO Box 1320
Yellowknife, NT X1A 2L9
What should be included in an Act vs. in a practice standard?
The NWT’s Child and Family Services system is administered through the Child and Family Services Act, Child and Family Services Regulations, and several practice standards.
If changes are required to child and family services delivery, Health and Social Services will determine if those changes are best initiated through amendments to the legislative framework or by changing / developing practice standards.
Health and Social Services considers the following when determining the best approach:
|
Legislation (Act & Regulations) |
Practice Standards |
|---|---|
|
Dictates what must be done |
Identifies how it must be done |
|
One framework to support all NWT residents |
Allows for unique differences in service delivery in regions and communities |
|
Rigid and cannot be altered or adjusted unless by the formal Legislative Process (even if change would serve best interests of child/youth)
|
Can be altered or adjusted in a timely, efficient manner Can also be amended through Directives issued by the Director of CFS for immediate change to practice |
|
Sets out foundational requirements and enforcement Specific in scope Not meant to identify details on how requirements are met |
Sets out how things work “on the ground” Provides specifications for how a legislative requirement is met Clarifies legislation |
|
Determines the roles, responsibilities, rights, and authorities |
Ensures quality, safety of worker and child/youth/family, and efficiency |
|
Complex terminology and formatting (not used as a common reference for workers, families, or the public) |
Plain language, available to public (posted on website), practical guidance |
|
Minimal in nature. Nothing should prevent the GNWT from exceeding any requirements |
Identifies the approach to practice standards by outlining minimum standards. Acts as a guidance document which demonstrates how minimal requirements can be exceeded |
Do the amendments support Indigenous self-government in relation to child and family services?
Yes. The proposed amendments to the Child and Family Services Act are strongly influenced by the principles and standards for service provision set out under the federal government’s Act respecting First Nations, Inuit and Métis children, youth and families and include proposals to further support Indigenous governments who want to participate in the delivery of child and family services and/or exercise jurisdiction, such as our proposal to expand on the existing information sharing provisions.
Where can I find more information and/or data on Child and Family Services in the NWT?
The Director of Child and Family Services Annual Report 2020-2021 provides a detailed summary of child and family services delivered in the NWT, as well as information related to the types of services offered, why, and trends over time.