1. Effective date

1.1 This directive is issued under s. 42 of the Child, Youth and Family Services Act, 2017 (CYFSA) and will come into effect on September 7, 2021. It amends section 9 of Policy directive CW 002-19, which came into effect on January 30, 2020.

2. Introduction

2.1 On August 18, 2021, the ministry received a letter from Tikinagan proposing an amendment to section 9 of Policy directive CW 002-2019 and indicating that Dilico and Thunder Bay CAS supported Tikinagan in approaching the ministry with this proposal.

2.2 The proposal reflected the concern shared by all three societies that section 9 required the Children’s Aid Society of the District of Thunder Bay to serve an Indigenous child and their family in situations where Dilico and Tikinagan could not reach agreement on which of them should provide services to a child whose bands include one or more First Nations affiliated with Dilico and one or more First Nations affiliated with Tikinagan.

2.3 To avoid this situation, the societies proposed that family choice be the determining factor as to whether Tikinagan or Dilico should provide services to a child in these circumstances, and that if family choice could not be determined or if the two agencies could not agree for any other reason, then Dilico would provide services to that child and their family.

2.4 Having reviewed this joint proposal, the ministry is amending section 9 to reflect the shared view of the societies as to the appropriate process that should be employed to determine which society is to provide services in relation to a child whose bands include one or more First Nations affiliated with Dilico and one or more First Nations affiliated with Tikinagan.

3. Revised requirements in section 9 of Policy directive CW 002-19

3.1 The requirements in section 9 of Policy directive CW 002-19 are now replaced by the following:

9. Requirements concerning children with blended identities and blended families

9.1 Tikinagan will provide services in the case of a child:

  • whose bands include one or more First Nations affiliated with Tikinagan
  • whose bands and communities include one or more bands that are not affiliated with Dilico; one or more First Nations, Métis or Inuit communities; or one or more communities listed in Schedule 3

9.2 Dilico will provide services in the case of a child:

  • whose bands include one or more First Nations affiliated with Dilico
  • whose bands and communities include one or more bands that are not affiliated with Tikinagan; one or more First Nations, Métis or Inuit communities; or one or more communities listed in Schedule 3

9.3 If a child’s bands include one or more First Nations affiliated with Dilico and one or more First Nations affiliated with Tikinagan, the society receiving the referral will convene a case conference within 24 hours and Dilico and Tikinagan will determine which society should serve the child and their family, with primary consideration being given to the preferences expressed by the child and members of the child’s family in respect of which society they want to receive services from.

9.4 In the event that the preferences of the child and their family members cannot be ascertained or Dilico and Tikinagan cannot otherwise agree on which society should provide services in respect of a child whose bands include one or more First Nations affiliated with Dilico and one or more First Nations affiliated with Tikinagan, Dilico will provide services to the child and family.

Issuance of Policy directive CW 005-21: September 7, 2021

Original signed by:

Jeff Gill, Acting Assistant Deputy Minister (for David Remington, Assistant Deputy Minister)
Child Welfare and Protection Division
Ministry of Children, Community and Social Services