How the Child and Family Services Act is set up:

Children and Families in the NWT – What do they have to do with the Child and Family Services Act?

Parents are responsible for taking care of their children. They are responsible for making sure that their children are safe and healthy. However, there are times when others must get involved to support the family or protect the child.

The Child and Family Services Act guides what the government, communities and families must or can do to protect children if their safety and well-being is in danger. The Child and Family Services Act also guides what kind of help can be provided to families and children.

The Child and Family Services Act was introduced in 1998. Since then, changes to the Act were made, but a complete review has never been done.

The Child and Family Services Act identifies these principles:

• Families are the basis of our communities
• Children have the right to be protected from abuse, harm, and neglect
• Children have to be told of their rights
• Children have the right to be part of decisions made about their lives
• Families have to be told about their rights
• Families have the right to be part of decisions made affecting their lives
• A child’s extended family often provides important support
• When people make decisions for children they need to think about the child’s best interest
• When people make decisions for children they must also think about their traditions, their beliefs, and their family and community ties
• Communities have a role to play in supporting children and families
• Government must step in to make sure children are safe, when other less intrusive interventions have failed

Who is considered a child?

The Child and Family Services Act defines children from the age of birth until age 16. Youth, 16 and 18 years of age can receive services, but must agree to receive these supports.

How are child and family services provided?

Child and family services are provided directly in each region by the Health and Social Services Authorities. The Department of Health and Social Services oversees the child protection system of the NWT. The Director of Child and Family Services is responsible for children in care. The Director can delegate some powers to Child Protection Workers. All Child Protection Workers are Social Workers. About 70 Child Protection Workers or Social Workers work in communities on behalf of the GNWT.

A Child Protection Worker must:

• Act in the best interest of the child
• Protect children from harm, neglect and abuse
• Respect the culture and heritage of children and their families
• Look into any complaints raised about a child’s wellness or safety
• Find a placement for children who cannot safely live or be looked after in their home
• Apply to the courts after four days, if a child cannot return home after 72 hours
• Make sure that children are safe and healthy when they are placed in custody for a short time or permanently
• Plan for children who are in permanent care

A Child Protection Worker can:

• Support families and children to solve problems and deal with family conflicts
• Make a voluntary service agreement involving the child, family and community
• Offer parenting training
• Work with families to prevent violence
• Offer counselling, in-home support, respite care
• Help youth to understand their rights and options
• Try to establish a plan of care committee for a child who is apprehended
• Offer adoption services, including placing children for adoptions and selecting suitable parents
• Help find solutions for parents or children with mental health or addictions problems

In some communities the government also has contracts with other agencies that offer some of these programs and services.

Parents and families can:

• Ask for help from the Social Worker
• Work with the Social Worker to find a solution for the problem
• Allow children over 12 to take part in the decision making process
• Agree to a voluntary service agreement
• Participate in decisions made about their child
• Seek help for addictions or other challenges that may contribute to the family problems
• Seek out legal assistance in case they have to go to court

Youth aged 16 to 18, may also request this help and work with a Social Worker to develop a plan, either with their family, or on their own.