ROLES AND RESPONSIBILITIES

 

Coordinator:

• To oversee and supervise the activities of the facilitators;

• To facilitate the Talking Together process where required including drafting of final agreements arising from the circles;

• To assist in developing and delivering of training programs to the facilitators and agencies;

• To report to the joint management committee (board of directors) overseeing the project;

• To develop the necessary filing system, forms, reports and evaluations needed for the pilot project;

• To pursue funding for the furtherance of the project once the pilot projects are completed.

 

Facilitator:

• To receive and confirm the referral;

• To organize the Talking Together including briefing of all participants about the circle process and what will be expected of them;

• Facilitation of the Talking Together process including drafting of final agreements arising from the circles;

• Follow up of adherence to the agreements;

• Evaluation;

• To liaise with the community members

• To liaise with the Coordinator on an ongoing basis and the partnering agencies as required

 

Liaison

• To meet with child welfare to identify potential family participation;

• Meet with family members;

• Obtain all release of information documentation;

• Make referrals to the Coordinator;

• Monitor two-path system;

• Maintain file system;

• Community coordination;

• Community education/awareness;

• Seek community linkages/support;

• Agency education/awareness;

• Participate in evaluation process;

• Participate in/statistical/report writing

 

Parent(s) / Caregivers:

• To care for and protect their child;

• To raise a healthy child;

• To contribute to their community;

• To work cooperatively within the Talking Together model to assist in addressing the child welfare concerns.

 

Community:

• To ensure a safe community for children;

• To sanction and support the Talking Together project;

• To work cooperatively within the Talking Together model to assist in addressing the child welfare concerns.

 

Child Protection Worker:

• To ensure the safety of the child;

• To work cooperatively within the Talking Together model to assist in addressing the child welfare concerns.

 

Tikinagan:

• Duty to protect children;

• Provide Talking Together Liaison Coordinator;

• Provide client access to Talking Together service option;

• Monitor and evaluate the service;

• Education of involved community

 

Kunuwanimano

• Duty to protect children;

• Providing Talking Together Liaison Coordinator;

• Provide client access to Talking Together service option;

• Monitor and evaluate the service;

• Education of involved community.

 

NAN Legal Services:

• Sponsor the project;

• Provide training of staff & agencies;

• Provide Talking Together Coordinator;

• Provide Talking Together Facilitator;

• Education of community;

• Justice personnel education;

• Monitor and evaluate the service.

 

CASE IDENTIFICATION CRITERIA

 

Cases appropriate for the Talking Together service shall be selected using a consultation process between the worker, supervisor and Talking Together Liaison Coordinator. This process shall begin prior to the filing of a Protection Application (day 5) or as soon as possible after the filing of the Protection Application.

 

A case may be appropriate for referral if a Protection Application has been filed with the court or a decision has been made that there are grounds to file a Protection Application.

 

Cases identified for protection using the Eligibility Spectrum of the Risk Assessment Model may be appropriate for this pilot.

 

Cases not appropriate for this pilot shall include sexual abuse cases.

 

In identifying appropriate referrals, the family shall clearly understand that involvement in the Talking Together process as an alternative dispute resolution process is voluntary, and refusal of this option is without prejudice to the family, and does not affect their rights within the court system.

Where a legal representative has been appointed or retained, cases referred to the Talking Together process must obtain the agreement of the child, the family, and the First Nation; each in consultation with legal representative.

 

If a Protection Application has not yet been filed, or legal representation has not been appointed, or obtained, cases referred to the Talking Together process must obtain the agreement of the child, the family. The First Nation must also be consulted and kept informed.

 

The referral process will be the beginning of a two-path process. The Child Protection Worker shall continue on with the Protection Application in order to ensure the protection of the child. The Coordinator will begin the process of Talking Together.

 

TIME LINES

 

Tikinagan, NAN Legal Services and Kunuwanimano recognize the importance of ensuring service provision occurs in a timely fashion. In order to support children and families and minimize delay, referrals to the Talking Together shall be initiated with the apprehension of a child, and prior to the filing of a Protection Application/Day 5, or as soon as possible after filing a Protection Application.

A referral meeting shall be initiated by the Child Protection Worker, incorporating the supervisor and the Talking Together Liaison person, to discuss the appropriateness of the referral.

 

Once the case has been identified for referral to the Talking Together process, the worker and the Talking Together Liaison person shall meet with the child (age appropriate) and/or the family to discuss the service. The engagement of the family in this process is critical for the success of the Talking Together model. The family must recognize this avenue as a positive step, and be open to this alternative.

 

PROTECTION APPLICATION IN COURT:

 

The agreement from the family to access the Talking Together process, as a means of addressing outstanding child welfare concerns, and the coordination of a Talking Together process by the Talking Together Coordinator and/or Facilitator, with the commitment of all parties, shall take place before the Day 25 Temporary Care and Custody Hearing.

 

The Child Protection Worker shall proceed to follow the usual steps of court to the Temporary Care and Custody Hearing/Day 25. At the Temporary Care and Custody Hearing, the Child Protection Worker shall attempt to obtain an Interim Order, if the child is in care, or a customary care agreement. If the child is not in care, the Child Protection Worker will not seek an interim order. In either case, the Child Protection Worker shall request of the Ontario Court of Justice (Family) that the case be adjourned with judicial cooperation for a period of three (3) months while the Talking Together process is in place to address the child welfare concerns.

 

If appropriate, a protection finding may be made in court on consent, while allowing the Talking Together process to continue.

 

NON-PROTECTION APPLICATION REFERRAL

 

Upon agreement from the family to access Talking Together as a means of addressing outstanding child welfare concerns, the Talking Together Coordinator shall begin the process of coordinating a Talking Together circle.

 

The Child Protection Worker shall maintain an open protection file.

 

In either child protection or non-protection situation, following agreement to this process from the family, a Talking Together circle shall be arranged by the Coordinator inviting some/all of the following:

• Child
• Parent(s)
• Relevant support persons identified by family
• Family Support Worker
• Child Protection Worker
• Other involved service providers
• Involved extended family members
• Other appropriate community members, e.g. Elder
• Representatives of the Chief and Council
• Parties to the Child Welfare proceeding.

As a condition precedent to the Family attending Talking Together, they must agree that there are protection issues that need to be addressed. This Circle shall ensure that all applicable facts are discussed regarding the child welfare concerns.

 

An agreement shall be developed by the participants, assisted by the Facilitator that will address the outstanding child welfare concerns. An Agreed Statement of Facts will be included.

 

Upon the completion of the development of the Agreement to address the child welfare concerns, the Child Protection Worker will present the plan to court at the Protection Hearing (Day 120) to obtain the agreement of the court. The Protection Hearing (Day 120) shall result in the granting of one of the following options:

 

a) withdraw from court based on the Agreement signed by all parties;

b) continued participation of the court system through the granting of a court order supporting the agreement;

c) no agreement by parties, proceed to trial.

 

The Talking Together participants shall meet as required to monitor the planning and evaluate the outcomes of the implementation of the Agreement.

 

GOVERNANCE/ACCOUNTABILITY

Governance shall be comprised of a steering committee of one representative of each from Tikinagan, NAN Legal Services and Kunuwanimano. For purposes of accountability, this group shall jointly oversee this program.

 

EVALUATION

 

All participants in the Talking Together model shall be given the opportunity to provide feedback through an evaluation at the conclusion of the Talking Together relationship. Tikinagan, NAN Legal Services and Kunuwanimano shall conduct an evaluation of the project, taking into account comments of participants.

 

SIGNATURES