In 2015, the Assembly of Nova Scotia Mi’kmaw Chiefs met with the province to discuss the Children and Family Services Act, which had undergone revisions without input from the Mi’kmaq.
On March 1, 2017, the province adopted twenty-five legislative amendments to the Children and Family Services Act that reflect the Mi’kmaq Nation. From these changes the Assembly and KMK formed a child welfare initiative called Maw-Kleyu’kik Knijannaq (MKK), which means keeping our children together.
The overall goal of the Assembly and MKK is to exercise complete jurisdiction and governance over child welfare and to establish a Mi’kmaw child and family services body governed by Mi’kmaw law and policy offering culturally appropriate family support services.
Mission
To engage in a collaborative approach to the development and implementation of a child welfare system that places the child, with their family, in the center and promotes healing and wellness in a manner that respects our Mi’kmaw values, customs, traditions, and practices.
Vision
Leadership, organizations, stakeholders, and community service providers coming together, in a coordinated manner, to work collaboratively to create a better future for our Mi’kmaw children and families; a future where Mi’kmaw children are resilient, strongly connected to their culture and community while living in safe, healthy, and nurturing homes.
Advisory Committee
The MKK Advisory Committee is responsible for the organization and oversight of the MKK Initiative, recommendations made to the Assembly and MKK working groups, and gaining appropriate approvals for implementing work plans and strategic directions with provincial and federal governments.
Members of the Advisory Committee:
- Chief Deborah Robinson
- Chief Sidney Peters
- Chief Annie Bernard-Daisley
- Mi’kmaq Family & Children Services of NS
- Nova Scotia Legal Aid
- Nova Scotia Native Women’s Association
- Health Directors
- Grand Council
PROCESS
WORKING GROUPS
Customary Care and Custom Adoption
The goal of this working group is to examine Mi’kmaw concepts of customary care and adoption through community engagement and to build policies that incorporate core Mi’kmaw traditions of child raising and care.
Foster Care
The goal of this working group is to examine issues and program gaps for foster and kinship parents and to identify and develop culturally appropriate resources and supports for them. Areas of exploration include, but are not limited to, exploring programs to support foster and kinship parents (e.g. financially, parenting support, community engagement, etc.), exploring ways to attract potential Mi’kmaw foster and kinship parents, exploring how to limit barriers for people to become foster and kinship parents.
Assessments
The goal of this working group has been to look at all of the Assessment tools used in the area of child welfare. Many initial meetings have focused on looking at a decolonized framework in conducting assessments that would incorporate culturally appropriate practices. The next phase is to look specifically at the Foster Care and Kinship care assessments utilized in child welfare to determine what barriers may exist for Mi’kmaw families. The overall goal is to ensure we have Mi’kmaw assessment tools and practices that work for the Mi’kmaq.
In addition, there is a community-based desire to deal specifically with birth apprehensions and to develop assessment tools to address this issue in a culturally respectful way.
Facilities and Family Resources
The goal of this working group is to identify the areas where there is limited capacity within the community to develop facilities, family resources and services designed to address the complex social needs of the Mi’kmaw people.
Systemic and Structural Barriers
The goal of this working group is to identify the structural and systemic barriers that exist which Mi’kmaw families face in child welfare matters which are difficult to access and can impede families from successful reunification.
BAND DESIGNATE
The Band Designate plays an important advocacy role within the child welfare system. The Band Designate provides representation on behalf of the First Nation, as a representative of the Band to various Family Court proceedings when a Mi’kmaw child is receiving child protection services from the Department of Community Services or Mi’kmaw Family & Children’s Services of Nova Scotia. The purpose of the Band Designate is to ensure children who are members or eligible to be members of the Band, and who are involved with the child welfare system, are able to exercise their right to their culture and community.
These services are provided for both on and off reserve band members who wish to have the assistance of the Band. The intent of the Band Designate is to advocate keeping children who are Band Members of the First Nation with parents or caregivers whenever possible and in their communities. When that is not possible, advocate for other priority placements such as family members or community members so they do not lose their connection to their Mi’kmaw culture and heritage. The Band Designate will also assist the family to navigate the services required to address the child protection concerns.
CHILD WELFARE APP – NETAWEY
GUARDIAN AD LITEM TRAINING
On March 14, 2019, Maw-Kleyu’kik Knijannaq Initiative formally known as the Enhanced Child Family Initiative held a one-day training workshop for primarily Mi’kmaw participants who were interested in becoming a Guardian ad Litem (GAL).
The purpose of the GAL training was to create a roster of Mi’kmaw GAL’s as at that time there were only two known Mi’kmaw GAL’s in our court system and there were approximately 30 people present for training.
Guardian ad Litem Fact Sheet
Under the Children and Family Services Act of Nova Scotia, children who are 12 and older must receive notice of their child protection proceeding. Upon receiving notice, a child can decide as to whether or not they would like to be made a party and participate in the proceeding.
In appropriate circumstances, the court will appoint a Guardian ad litem (GAL) to speak on behalf of the child in court. Once appointed, the GAL will receive all documents filed with the court and all materials exchanged between the parties.
As guardian ad litem you are able to:
- Have a lawyer, paid for by the government, represent you for the proceeding.
- With the help of your lawyer, file reports, affidavits, motions, and request specific forms of relief on behalf of the child, when necessary.
- Speak with anyone who is involved with the child, including the social worker, the parents or caregivers, service providers, group home or foster home, school administrators, teachers, etc.
The role of a guardian ad litem is to:
- Advise the child of their legal rights, including the options available to the child as a party in a child protection proceeding.
- Use discretion when determining what information to share with the child about the court proceeding.
- Where possible, identify the child’s views, preferences, circumstances and offer recommendations.
- Have on-going discussions with the child about services that may be available and appropriate for the child.
- Prepare reports for the court.
- After each court appearance, report back to the child on the outcome.
- When required, present a position which serves the child’s interests.
Mi’kmaw Guardian ad litem Process
Are you interested in acting as guardian ad litem for Mi’kmaw and other Indigenous children involved in a child protection proceeding?
The court appoints a GAL and the Judge must accept your application to be a GAL for a child. If you are interested in becoming a Mi’kmaw guardian ad litem, please contact the Mi’kmaw Family & Children’s Services of Nova Scotia.
- Be willing to represent the interests of a child in a child protection proceeding;
- Provide a narrative that states your intent and interest in becoming a guardian ad litem;
- Have a current Bio or resume;
- Have a criminal record check, with a vulnerable sector search;
- Have a child abuse registry check; and
- If you plan to drive with the child, a driver’s abstract and proof of vehicle insurance.
A guardian ad litem is appointed by the court. It is the Judge who has to accept your application to be a guardian ad litem for a child. To complete your application, you will have to prepare a resume or a Bio for the court.
Your Bio or resume should include the following information:
- Introduction: Name, contact information, ancestry, community connections, language(s) spoken.
- Work History: Different fields worked in or positions held over the years.
- Education: Formal education, training and courses taken.
- Any jobs or activities where you have you worked with children/youth in the past, even as a volunteer.
- Groups, boards and committees you have been involved with.
- Any roles and activities you have been a part of, such as, foster parent, kinship placement, customary care, youth retreats, etc.
- Any community-based roles and activities you have been or are involved with.
- A description of the areas in Nova Scotia you are willing to work in.
- Based on your experiences, outlining what you can bring to the child and the role of a guardian ad litem on the child’s behalf.
If you are interested in applying to become a Guardian ad litem, please send your information to Mi’kmaw Family & Children’s Services of Nova Scotia at the following address:
Box 179 Shubenacadie, Hants County, NS, B0N 2H0
Toll free: 1-800-263-8686 Phone: (902) 758-3553 Fax: (902) 758-2390
CHILD WELFARE SYMPOSIUM – NOV 2020
CHILD WELFARE SYMPOSIUM – NOV 2019
