1 - Effective date

1.1 - This directive is issued under s. 42 of the CYFSA and is effective December 10, 2020.

2 - Introduction

2.1 - Policy directive CW 002-19 was issued to Dilico, Tikinagan Child and Family Services (Tikinagan) and the Children’s Aid Society of the District of Thunder Bay (Thunder Bay CAS) [the societies] on November 29, 2019. That directive came into effect on January 30, 2020. Section 4.4 of that directive requires the following:

“In carrying out their obligations under this directive, the societies will maintain respectful relationships and collaborate effectively in order to promote the best interests, protection and well-being of the children they serve.”

As a result of the provincial emergency and COVID-19 outbreak, on May 5, 2020 the ministry temporarily suspended certain requirements set out in Policy directive CW 002-19 concerning timelines for the transition of child and family services in the District of Thunder Bay. The ministry set revised requirements concerning the transfer of files in Policy directive CW 007-20, which came into effect on September 3, 2020. The transition of files between Dilico and Tikinagan and between Thunder Bay CAS and Tikinagan is now underway.

Through correspondence, the ministry has set out its expectations for file information sharing. File transfers are now underway. To reinforce these expectations and to further facilitate the transition, the ministry is now setting requirements for the sharing of information by Dilico to Tikinagan in advance of case conferences and transfer conferences and in relation to files that have previously been redirected or transferred to Tikinagan.

The ministry is also setting requirements for information sharing by Dilico to Tikinagan in the event that Tikinagan receives referrals concerning children who have previously been served by Dilico but whose files are now closed.

Sharing complete file documentation facilitates collaboration between societies and allows for effective service planning and cohesive service delivery that puts children and families first. Failure to share information early frustrates the planning process and increases the risk that the receiving society will not have the information required to identify risks and implement effective supports for children and families.

This directive also sets out requirements concerning the rights of children, and inter-society agreements.

3 - File information sharing requirements

3.1 - For all files covered by the transition process set out in Section 3.1 of Policy directive CW 007-20 Dilico will, with the exception of documentation that is subject to legal privilege, provide complete file documentation including but not limited to the following information:

  • name of family and service type
  • First Nation affiliations
  • names of children and dates of birth
  • all records, including medical records, pertaining to any open investigations concerning the children
  • all records, including medical records, pertaining to any open ongoing protection files concerning the children, including protection grounds and Eligibility Spectrum codes
  • investigation conclusion documentation for the initial and any subsequent child protection investigations
  • all case review and termination documentation, including but not limited to service plans, medical records, family and child strengths and needs assessments, risk re-assessments and reunification assessments
  • copies of any child protection or status review court applications and orders
  • historic child protection documentation detailing previous child welfare involvement, including medical records
  • Serious Occurrence Reports
  • the names and contact information for all parents, siblings and alternate caregivers including kinship caregivers, foster parents, and customary caregivers
  • information about services the child is receiving from other service providers, and contact information for these service providers
  • location where the children are receiving services, including the city, town, or First Nation community where the children are receiving services as well as full physical address
  • information about legal status, and in particular whether the children are:
    • in temporary, interim or extended society care
    • in society care pursuant to a temporary care agreement
    • receiving child protection services while in the care of their parent/guardian
    • in customary care
    • placed in a kinship service arrangement
    • receiving services under a Voluntary Youth Services Agreement (VYSA)
    • receiving Continued Care and Support for Youth (CCSY) supports
  • information about voluntary agreements in place concerning the children and copies of these agreements, including voluntary services agreements, temporary care agreements, customary care agreements, kinship service agreements, voluntary youth service agreements, continued care and support for youth agreements.

3.2 - If a file transfer conference is scheduled in December 2020, then Dilico will share the file documentation referred to at 3.1 of this directive by December 17, 2020.

For all other files, Dilico will share the information set out at 3.1 no fewer than 30 business days before the scheduled file transfer conference.

In the event a scheduled file transfer conference is cancelled by Dilico, Dilico will share the information set out in 3.1 of this directive with Tikinagan by the end of the next business day.

3.3 - By January 5, 2020, Dilico will share the file documentation set out in 3.1 of this directive for all files that have been closed by Dilico since June 1, 2020, if these files would have transferred to Tikinagan pursuant to section 3.1 of Policy directive CW 007-20 had they remained open.

3.4 - For greater clarity, the transition process set out in s. 3.1 of Policy directive CW 007-20 applies to files of children whose bands include one or more First Nations affiliated with Dilico and one or more First Nations affiliated with Tikinagan.

3.5 - By January 5, 2020, for all files that have been re-directed or transferred to Tikinagan since Policy directive CW 002-19 came in to force, Dilico will review the file documentation that was shared with Tikinagan, and ensure that all of the documentation addressed in 3.1 of this directive is shared with Tikinagan if this did not occur by the time of transfer.

3.6 - Given the amended designations of the societies in the City and District of Thunder Bay, it is possible that Tikinagan may begin to serve children and families who have been served by Dilico and whose files have been closed by Dilico. In these circumstances, if Tikinagan requests complete file documentation from Dilico then Dilico will provide the complete file documentation addressed in section 3.1 of this directive within three days of the date of Tikinagan’s request.

4 - Requirements concerning the rights of children

4.1 - Pursuant to s. 3 of the CYFSA, children receiving services have the right to be engaged through an honest and respectful dialogue about how and why decisions affecting them are made and to have their views given due weight, in accordance with their age and maturity. Dilico will immediately take steps to ensure that, before transfer conferences take place, children are afforded opportunities to engage in honest and respectful dialogue with Dilico representatives and with Tikinagan representatives concerning decisions affecting them as the societies work together to carry out obligations under the CYFSA and ministry directives.

5 - Inter-society agreements

5.1 - As part of collaborative planning and transition, Dilico and Tikinagan may determine that it will be in the child’s best interests for the two societies to enter into an inter-society agreement for the delivery of services to support continuity of care for the child. Dilico will work collaboratively with Tikinagan in the development and execution of such agreements.

Issuance of Policy directive CW 009-20: December 10, 2020

Original signed by:

David Remington Assistant Deputy Minister
Child Welfare and Protection
Ministry of Children, Community and Social Services