FNCFS Transitional Terms and Conditions: Contributions to provide children, youth, young adults, families and communities, with prevention and protection services

3.1 Purpose

The FNCFS program is intended to provide resources and funding to support the holistic and culturally appropriate delivery of prevention and protection services to meet the needs of children, youth and families ordinarily resident on reserve or in the Yukon. The FNCFS program funds eligible recipients to provide services that account for the distinct needs of First Nations children, youth and families including cultural, historical and geographical circumstances. Child and family services also includes post-majority care services.

The FNCFS program provides 4 streams of funding:

• Child Protection, Guardianship and Support (Section 5.1)
• Maintenance and Care (Section 5.2)
• Prevention (Section 5.3)
• First Nations Representative Services (Section 7)

In response to the 2021 CHRT 41 order, the FNCFS program will fund First Nations, FNCFS agencies and First Nations Representative Services the full costs for capital expenditures to support the delivery of child and family services.

3.2 Objective

The objective of the FNCFS program is to support thriving children, youth, young adults, families and communities by funding eligible recipients, as outlined in section 4, to deliver prevention and protection services such as child protection, guardianship and support and child maintenance and care for children and families ordinarily resident on reserve or in the Yukon; and in section 7, to deliver First Nations Representative Services.

Services under the FNCFS program will be provided in an inclusive and impartial manner based on substantive equality to address the specific needs and circumstances of First Nations children and families living on reserve or in the Yukon. Services may take into account First Nations' cultural, historical and geographical needs and circumstances, in a manner that accounts for the best interest of the child, as defined by First Nations. Funding under the program will also consider cost drivers related to inflation and increased needs or numbers of children in care and their families or children and families receiving FNCFS services; including prevention services.

The program provides access to linguistic supports such as translation or interpretation services of Indigenous languages, where appropriate, to ensure a culturally appropriate service delivery pursuant to Canada's authorities under the Indigenous Languages Act.

3.3 Outcomes

FNCFS outcomes focus on safe, healthy, thriving children and families being supported by communities able to identify and address child and family needs.

Immediate: 1 to 2 years

• First Nations families have greater access to culturally appropriate prevention and early intervention services
• First Nations service providers have adequate and predictable resources that allow for the development and delivery of culturally based child welfare standards and services including prevention services

Intermediate: 3 to 5 years

• First Nations children are connected to their families and Indigenous communities

Ultimate: 5 years and beyond

• The overrepresentation of First Nations children in care is decreased compared to the proportion of non-Indigenous children in care in the overall population of children in Canada
• First Nations children are free from severe physical danger and harm

5.1 Protection: Child protection, guardianship and support

The intention of protection funding is to ensure children and youth are safe, well, healthy, and living free of harm or child maltreatment, in the context of the provision of child and family services. Protection is not intended to be punitive and can be framed as a support to communities and families. Protection and prevention services are not mutually exclusive.

Child protection services are prompted when a child, ordinarily resident on reserve or in the Yukon, registered or entitled to be registered under the Indian Act, is identified as potentially being at risk of harm or maltreatment.

Protective child and family services must be delivered in accordance with the federal Act, provincial, territorial or First Nation legislation and standards, and are funded accordingly. As of January 1, 2020, service providers delivering these services must also comply with the national principles and minimum standards set in the Act.

Eligible services and activities include:

• intake, assessment and investigation of child maltreatment reports, including after-hours services
• intervention planning implementation and evaluation to address identified risks and promote protective factors
• after hours and crisis line services
• alternative dispute resolution services and proceedings, such as family group conferencing
• legal fees associated to child and family services, or other legal fora
• supervision orders
• guardianship, voluntary and special needs custody agreements
• adoption and customary care services
• community and stakeholder engagement and education on child and family services and child maltreatment including associated risk and protective factors
• placement development including recruiting, assessing, training, supporting, monitoring and evaluating care providers
• placement services, community liaison and outreach
• alternative care resource development, training, support and monitoring
• services to support the delivery of culturally appropriate supports and intervention services
• placement planning, development and implementation provisions, culturally-based standards that could be applied by First Nations for child welfare

5.2 Maintenance and care

Child maintenance and care include the services associated to placing First Nations children into alternate care. Eligible activities and services are delivered in accordance with applicable legislation and standards and funded accordingly.

Canada shall fund at actual cost post-majority care to youth ageing out of care and young adults who were formerly in care up to and including the age of 25 across all provinces and in the Yukon.

The extension of care services is intended to support the successful transition of First Nations youth into adulthood and independence. Eligible activities include:

• neurodiversity services such as special needs assessment and testing
• placement, support and supervision for children and youth in alternate care while measures are taken with the family to remedy the situation, such as kinship, foster or group care, residential treatment, support for Elders and extended family members caring for children, independent living
• family visitation, including parents, siblings and extended family members
• services for children with behavioural problems
• non-medical, time limited services
• mental health or addiction services
• direct services and supports not covered by First Nation and Inuit Health Branch (FNIHB) or other federal or provincial programs
• other provincially approved professional services, including child representation and/or associated legal services, where funding from other sources was or will not be received, in whole or in part, to support that activity
• formal customary care, adoption and post-adoption services
• direct services to support a child's care plan
• activities to meet the needs of children in care, including land-based or cultural activities
• provision of child custody/guardianship
• reunification of children and youth in, or formerly in, care with families on reserve or in the Yukon
• extension of services to facilitate the transition of First Nations youth into adulthood toward self-care and independence

5.3 Prevention

Canada shall, as of April 1, 2022, fund prevention/least disruptive measures at $2,500 per person resident on reserve and in the Yukon in total prevention funding in advance of the complete reform of the FNCFS Program funding formulas, policies, procedures and agreements. Canada shall fund the $2,500 on an ongoing basis adjusted annually based on inflation and population until the reformed FNCFS Program is fully implemented. This amount will provide a baseline for the prevention element in the reformed FNCFS Program pursuant to paragraph 1 of the Consent Order.

Flexibility will be provided on the implementation for First Nations governments and FNCFS agencies not ready on the start date, which will require more time due to exceptional circumstances that will be further defined with the parties. Funds will be directed to the First Nations and/or First Nations child and family service providers(s) responsible for the delivery of prevention services. These funds shall be eligible to be carried forward by the First Nation and/or First Nations child and family service providers(s).

The development and delivery of prevention services to support the safety and well-being of First Nations, children, youth, young adults, families and communities, in an approach that is culturally appropriate, in their best interests, and in accordance with substantive equality.

Prevention services including at the primary, secondary or tertiary levels, are evidence-informed and culturally-appropriate, address identified risk factors, and build protective factors within families and communities. Prevention is a continuum of care that is based on the needs of the child and interventions can be included at all stages of prevention. Stages of prevention are not mutually exclusive.

Prevention projects or activities also support the implementation and operationalization of the minimum standards and principles laid out in The Act, as well as projects and activities intended to build a greater evidence for culturally specific supports or intervention.

In promoting positive outcomes, child and family service programming may focus on building up a child, youth, young adult, or family's sense of purpose, optimism and hope, resilience, confidence, and agency.

6.1 Capital

Capital expenditures are funded in accordance with the Tribunal's orders (2021 CHRT 41) to support infrastructure and capital required to support the delivery of child and family services (as listed in Section 5 above) to First Nations children, youth and families on reserve and in the Yukon. Regarding the purchase and sale of capital assets and buildings, the FNCFS terms and conditions are consistent with those outlined in the applicable program directive.

6.2 Protection

Eligible expenditures include:

• staff salaries and benefits to support the direct delivery of protection services and post majority services
• employee assistance program costs
• staff travel and transportation
• staff recruitment, training and professional development costs (training, workshops)
• costs supporting orientation and training of local committees
• costs to support board and committee operations
• honoraria for Elders and Knowledge Keepers
• interpretation costs including cultural and First Nations language supports to ensure the delivery of culturally appropriate services
• paraprofessional and professional fees
• legal fees associated to child and family services, or other legal fora
• costs related to supervision orders
• after hours and crisis intervention supports
• placement development such as recruiting, assessing, training, supporting, monitoring and evaluating care providers
• costs to support the governance and central administration functions (administrative overhead and costs) such as office lease, computer and IT, utilities, insurance and janitorial and ground maintenance services to support the delivery of services
• maintenance such as general repairs, painting, plumbing, electrical
• professional dues and subscriptions, licenses, memberships, insurance fees, etc.
• costs related to development or purchase, implementation and evaluation of client information management and technology systems, data collection, data management and analysis
• costs to support the development and implementation, audits, monitoring, program evaluation
• provisions to ensure privacy, security and proper management of records
• incorporation costs and incorporation reporting costs including annual general meetings

6.3 Care and maintenance

Care and maintenance expenditures are the direct costs of placing First Nations children into temporary or permanent care out of the parental home, including foster care rates and group home rates. Eligible expenditures support services delivered in accordance with the applicable legislation and standards, and are funded accordingly.

Canada shall fund at actual cost post-majority care to youth ageing out of care and young adults who were formerly in care up to and including the age of 25 across all provinces and in the Yukon.

Eligible expenditures include:

• allowance for assessment
• placement development costs, such as recruiting, assessing, training, supporting, monitoring and evaluating care providers
• direct costs and supports related to a child's care plan
• costs to support children in alternative care
• purchases on behalf of children in care
• special needs assessment and testing costs
• non-medical services to children with behavioural problems
• non-medical, limited-duration services
• direct costs for a child to support services not covered by FNIHB or other federal or provincial programs
• other provincially approved, professional services and costs, including child representation and associated legal fees, where funding from other sources was not and will not be received in whole or in part to cover the costs
• costs to support the establishment and maintenance of Registered Education Saving Programs when necessary to comply with provincial legislation or policy
• costs to support formal customary care and adoption
• post-adoption subsidies and supports
• costs to support the provision of child custody or guardianship
• costs to support activities to meet the needs of children in care, including land-based or cultural activities and equipment
• costs to support First Nations youth, up to and including age 25, transition into adulthood and independence, including placement or living arrangements, mental health supports, housing assistance, health and wellness activities and supports, life skills development, education activities or assistance, community and cultural (re)connection and assistance to establish family and social relationships and self-care supports
• costs to support the reunification of children and youth in care with families on reserve or in the Yukon
• costs related to family preservation, cultural and linguistic connections and supports to ensure the provision of inclusive and impartial child and family services including needs related to disability, sexual orientation, gender diversity and other characteristics protected by law

6.4 Prevention

Eligible expenditures include:

• salary & benefits to support the delivery of prevention services
• costs related to supporting recruitment, training or professional development of prevention workers
• honorariums for Elders and Knowledge Keepers
• professional and paraprofessional services and professional fees
• professional dues and subscriptions, licenses, memberships, etc.
• general program delivery costs
• non-medical travel costs and accommodations to support the delivery of services
• court related costs for families
• travel or other costs, including addictions treatment to support the reunification and repatriation of children or youth in care or formerly in care with families on reserve or in the Yukon
• costs to support governance and the central administration functions (administrative overhead and costs) such as office lease, computer and IT, utilities, insurance and janitorial and ground maintenance services to support the delivery of prevention services
• program costs and assistance to support specific needs for children, youth, and families at risk of becoming involved with the child and family services system and those already involved in the child and family services system:
  • episodic or emergency supports to assist caregivers in meeting children's and caregivers' basic needs
  • assistance for children and families to support and facilitate the maintenance and enhancement of community connections by coordinating access to culture and language programs, including one-on-one assistance to strengthen families
  • costs supporting an extension of services for youth transitioning out of the child welfare system to adulthood that are complementary to, and not covered under the provincial or territorial legislation
  • costs and supports to ensure impartial provision of child and family services for persons with distinct identities and characteristics protected by law such as persons with disabilities or 2SLGBTQQIA+ people

7.1 Capital

Funding for capital assets will be available to support the immediate needs for the delivery of First Nations Representative Services on reserve. Eligible costs could include the acquisition or new construction of a building, lot servicing, or expansion to the existing office or program space aimed to support the delivery of services. Capital project development, preliminary work and assessment leading up to the completion of the capital project are also eligible. Regarding the purchase and sale of capital assets and buildings, the FNCFS terms and conditions are consistent with those outlined in the applicable program directive.

7.2 Eligible expenditures

Eligible expenditures support the activities listed above and include:

• salaries, benefits, and costs to support the delivery of services
• human resources recruitment, training or professional development including daily honorariums for Elders and Knowledge Keepers
• paraprofessional and professional fees (such as legal services, professional dues and subscriptions, licenses, memberships, etc.)
• general program delivery costs such as non-medical travel costs, accommodations, transportation, or meals for First Nations Representatives to support the delivery of services
• program delivery costs and family support services including supporting specific needs for children, youth, and families at risk of becoming involved with the child and family services system and those already involved in the child and family services system. These include the following:
  • episodic or emergency supports to assist caregivers in meeting children's and caregiver's basic needs (child essentials of life such as food, diapers, clothing, cleaning or hygiene supplies, bedding and towels, children's furniture, car seats, etc.)
  • supports to caregivers involved with FNCFS service providers or Provincial/Yukon Child and Family Service Agencies, such as parental capacity assessments and related travel costs (when not covered by the delegated agency or FNIHB)
  • assistance for children and families to support and facilitate reunification, repatriation, maintenance and enhancement of community connections by coordinating access to culture and language programs, including one-on-one assistance to strengthen families
• overhead, administrative costs such as office rent, computer and IT, utilities, insurance to support the delivery of First Nation Representative Services
• acquisition or new construction of a building, lot servicing, or expansion to the existing office or program space aimed to support the delivery of First Nation Representative Services
• Capital project development, preliminary work and assessment leading up to the completion of the capital project

Capital expenditures are to be funded in accordance with 2021 CHRT 41 to address immediate capital needs to support the delivery of First Nation Representative Services.

9.1 Retroactivity

Eligible capital assets as set out in the Tribunal's orders will be funded in accordance with 2021 CHRT 41 as of August 26, 2021 until such time as a new funding process is developed for the program.

9.2 FNCFS Service Providers

Pursuant to 2018 CHRT 4 and 2021 CHRT 41, until a new funding methodology is developed, the government is funding FNCFS agencies on actual costs for intake and investigation, legal fees, building repairs, the child service purchase amount and for small agencies, and the full cost of capital to support the delivery of child and family services and First Nation Representative Services under the program.

Pursuant to 2022 CHRT 8, the Tribunal amended the orders on actual costs to reflect that, as of April 1, 2022, prevention/least disruptive measures will be funded at $2,500 per person resident on reserve and in the Yukon in total prevention funding in advance of the complete reform of the FNCFS Program funding formulas, policies, procedures and agreements. Canada shall fund the $2,500 on an ongoing basis adjusted annually based on inflation and population until the reformed FNCFS Program is fully implemented.

9.3 First Nation Representative Services

Until March 31, 2023, if a First Nation in Ontario has demonstrated that its initial allocation has been fully expended, the First Nation may access additional funding for First Nations Representative Services in accordance with 2018 CHRT 4 paragraph 427.

13.1 Performance measurement

To ensure that a balanced approach is implemented and that the reporting burden is minimized, a reliable performance data collection, analysis and reporting methodology is being developed that will meet the respective needs of the recipients, the communities, the provinces, Yukon, and the department.

The methodology will be developed collaboratively with the parties to the CHRT complaint, the National Advisory Committee, and other partners as appropriate, including the provinces or Yukon. Funding recipients will be required to provide the department only the performance data required to demonstrate performance and achievement of program outcomes.

Until the methodology is finalized and implemented, data will continue to be collected by recipients using various methods and sources and will meet requirements set out in the reporting guide.

The frequency of financial and performance reporting will be specified in the contribution agreement, but all recipients will be required to report at least annually on the applicable plan for Child and Family Services. Financial reviews will be conducted to ensure each recipient submits financial reports in accordance with its contribution agreement specifications. An annual audited financial statement will be required in all cases.

13.2 Financial reporting

Financial reporting requirements will be determined based on the recipient's risk assessment and the type of contribution agreement. Appropriate financial reporting obligations, including frequency, will be contained within each contribution agreement.

As per the department's Management Control Framework, annual reviews will be undertaken to ascertain whether funds provided are being expended for the purposes intended, and whether a recipient's financial situation is sufficiently stable to enable continued delivery of funded activities. Where any instability is due to the department's funding structures or levels of funding, the department will take appropriate measures to mitigate and remediate these risks. The department will respect privacy laws and regulations respecting the First Nations child and family service records of children, youth and families.