Terms of Reference - pdf

Advisory committee - Child and Family Services Act Review

The Yukon's Child and Family Services Act (CFSA) came into force in April 2010. The Act requirees theat a review be carried out every five years by an Advisory Committee establisted by the Minister.

Purpose

The purpose of the Terms of Reference is to set out the overarching principle, vision, mandate, and procedures of the Advisory Committee, hereafter called "the Committee".

Overarching principle

The safety and well-being of Yukon's children, youth and families are at the centre of this review. Every decision will be guided by the vision set out below and the goal of improving outcomes for children, youth and families.

Vision

We want every child to reach their full potential in their own home, family, community and culture: they have the right to be healthy, happy, safe and secure, and to feel loved, valued and respected in their tradition. The safety and well-being of Yukon's children, youth and families are at the centre of this review.

While carrying out the review, the Committee will pay particular attention to the over representation of Indigenous children in care and will be mindful of the Truth and Reconciliation Commission's Calls to Action on child welfare.

(Refer to Appendix A to read: "What is Culture?" and 'Traditional Knowledge and Traditional life)

Mandate

The members of the Committee agree to work together and collectively provide recommendations on improving services to children, youth and families to allow for achievement of the purposes and principles of the Child and Family Services Act.

The Committee will engage First Nations governments, community organizations, key stakeholders, experts and Yukon citizens who are invested in improving child welfare outcomes. Input is critical, especially from First Nations, youth, families and service providers involved in child protection and family support systems.

The review will be conducted from a strengths based focus where the collective strengths of our children, youth, families and communities and the capacity to care for children is emphasized as a basis to see opportunities, hope and solutions. A strengths based approach will redirect the focus from deficits, problems, and weaknesses, to mobilizing, capitalizing and developing strengths with the final objective being to promote better outcomes.

Child and Family Services Act Legislative Requirements Guiding Principles - section 2

This Act shall be interpreted and administered in accordance with the following principles

1. the best interests of the child shall be given paramount consideration in making decisions or taking any action under this Act;
2. a child has a right to be protected from harm or threat of harm;
3. knowledge about family origins is important to the development of a child's sense of identity;
4. the cultural identity of a child, including a child who is a member of a First Nation, should be preserved;
5. family has the primary responsibility for the safety, health and well-being of a child;
6. a child flourishes in stable, caring and long-term family environments;
7. the family is the primary influence on the growth and development of a child and as such should be supported to provide for the care, nurturance and well-being of a child;
8. extended family members should be involved in supporting the health, safety and

well-being of a child;

1. a child, a parent and members of their extended family should be involved in decision making processes regarding their circumstances;

U) First Nations should be involved as early as practicable in decision-making processes regarding a child who is a member of the First Nation;
(k) the safety and we/I-being of a child is a responsibility shared by citizens; and
(/) prevention activities are integral to the promotion of the safety, health and well­
being of a child. S.Y. 2008, c.l, s.2

Service Delivery Principles - section 3

The following principles apply to the provision of services under this Act

1. in making decisions, providing services and taking any other actions under this Act, a child's sense of time and developmental capacity should be respected;
2. families and children should receive the most effective but least disruptive form of support, assistance and protection that is appropriate in the circumstances;
3. programs and services should be planned and delivered in ways that are sensitive to the cultural heritage of the families participating in the programs or receiving the services;
4. communities should be involved in the planning and delivery of programs and services to their residents;
5. First Nations should be involved in the planning and delivery of programs and services to their members;
6. collaboration builds on the collective strengths and expertise of children, families,

First Nations, and communities; and

1. a child and members of the family and extended family should have an opportunity to seek a timely review of decisions made under this Act which affect them. S.Y. 2008, c.l, s.3

These principles can be grouped thematically into five broad themes:

1. Family centred approach,