TALKING TOGETHER PROTOCOL
PREAMBLE
Native history teaches that prior to contact the Native people practiced a unique culture. Through the process of colonization, people have undergone great loss, resulting in the deterioration of the family unit today.
Tikinagan Child and Family Services, Nishnawbe-Aski Legal Services and Kunuwanimano Child and Family Services are committed to providing services to families that will ensure the safety of the child, the well being of the family, and as a result, strengthen the community.
It is recognized that success in the provision of these services will be enhanced if carried out in a manner that takes care of our own and is in keeping with the values and beliefs of Native people.
In keeping with these beliefs, the Talking Together process is an innovative kind of dispute resolution practiced as an alternative to the present family law court system.
TIKINAGAN CHILD AND FAMILY SERVICES
Tikinagan Child and Family Services is a non-profit. Native Child and Family Services organization serving 29 First Nations in the western portion of Nishnawbe-Aski Nation as well as the Communities of Allanwater, Balmertown, Cochenour, Fickle Lake and Savant Lake. Tikinagan Child and Family services is mandated as a Children's Aid Society. Tikinagan Child and Family Services provides services including:
• Intake/Investigation
• Family Service
• Child Care
• Residential Care
• Two Group Homes
• Band Family Service Worker Program
Tikinagan is governed by a Board of Directors representative of the communities within its geographic catchment area. The communities range in size from 200-2000 people. Few communities can be reached by road with the majority regularly accessible only by air. Tikinagan serves a population of approximately 20,000.
NISHNAWBE-ASKI LEGAL SERVICES
Nishnawbe-Aski Legal Services is a unique and innovative organization belonging to Nishnawbe-Aski Nation and is managed by a board of directors who are members of First Nations within NAN. The organization delivers a wide range of services to the members of Nishnawbe-Aski Nation including legal, public legal education, and law reform services. Services are delivered in the languages of the communities wherever possible. Restorative Justice is a priority of Nishnawbe-Aski Legal Services.
KUNUWANIMANO CHILD AND FAMILY SERVICES
Kunuwanimano Child and Family Services is a non-profit, Child and Family Services organization serving 11 First Nations in the eastern portion of Nishnawbe-Aski Nation.
Kunuwanimano Child and Family Services provides services including:
• Intake services
• Supportive Counseling/Referral Services
• Advocacy Services
• Customary/ Foster Care Services
• Family Support and Prevention Programs
MISSION STATEMENT
Tikinagan Child and Family Services, Nishnawbe-Aski Legal Services and Kunuwanimano Child and Family Services agree that working jointly to develop and deliver an Alternative Dispute Resolution process is a positive step in addressing the needs of the children, families and communities.
DEFINITION AND PURPOSE
Tikinagan Child and Family Services (hereinafter referred to as Tikinagan) and Kunuwanimano Child and Family Services (hereinafter referred to as Kunuwanimano) hold a mandate to provide services to strengthen our children, our families and our communities, as well as promote the best interests, protection and well-being of our children/ families and communities, based on Native principles and values. Nishnawbe-Aski Legal Services (hereinafter referred to as NAN Legal Services) holds a unique and innovative mandate to deliver legal services including the administration of Legal Aid Ontario in the Treaty # No. 9 area and to deliver a Restorative Justice Program in 15 of the 48 NAN communities.
In keeping with these mandates, Tikinagan, NAN Legal Services and Kunuwanimano recognize the importance of continuing to develop appropriate programs in order to meet the diverse needs of the Native people, in as comprehensive and coordinated a manner as possible.
The Talking Together Protocol is an innovative kind of dispute resolution practiced as an alternative to the Family Court system, and is based on traditional circles held in the communities. It is conducted in the form of a circle, where the child, family members, service providers, community members and Talking Together Facilitator meet. The rules of the traditional circle apply. Everyone is equal. Everyone is given a chance to speak, and be listened to respectfully. Comments are framed in a non-judgmental way. The aim of the circle is to arrive by consensus, at an effective plan to bring about resolution of outstanding child welfare concerns. The term Talking Together is used to describe a process that starts with a referral, moves to a circle, develops planning and involves monitoring and evaluation.
The successful implementation of this framework is the shared responsibility of all employees of Tikinagan, NAN Legal Services and Kunuwanimano. This framework is sanctioned by the Board of Directors of Tikinagan, NAN Legal Services and Kunuwanimano; each representing their involved First Nations.
Through the application of this protocol, all employees of Tikinagan, NAN Legal Services and Kunuwanimano responsible for the referral, planning and coordination and implementation of Talking Circle service to clients shall conduct their activities in a manner that is client focused and that is professionally, and ethically congruent to this protocol.
RELATIONSHIPS
Tikinagan, NAN Legal Services and Kunuwanimano shall maintain an open cooperative relationship and regular contact regarding the Talking Together service in order to facilitate the process, and work toward success of this initiative. Family participants shall be advised of this sharing of information at the referral stage, and the agreement of the family participants shall be obtained through the signing of Release of Information forms. Tikinagan, NAN Legal Services and Kunuwanimano shall undertake to inform the involved communities of this service.
STATEMENT OF PRINCIPLES
This protocol adheres to and is guided by a clear set of principles. These constitute the foundation on which all service delivery shall be based. These principles are:
Community Orientation:
In serving individuals within a community, the strengths and needs of the community must be simultaneously considered. This principle also refers to the helping resources being community-based or otherwise easily accessible.
Service in the Native Way:
The provision of all services will incorporate, encourage and support Native values and traditions. This embodies the principles of community and client self-direction. A focus of services provided will be on meeting child and family needs in a culturally appropriate/sensitive manner.
Confidentiality:
Talking Together information and records are confidential, and as such, information shared within the Talking Together process will not be released to unauthorized persons. All involved persons shall maintain the highest standards in safeguarding all confidential matters and information pertaining to children and families involved in this service.
Code of Conduct:
Tikinagan, NAN Legal Services, and Kunuwanimano are dedicated to the delivery of service that encompass the teachings of our Native people:
Together there will be TRUTH
Together there will be RESPECT
Together there will be LOVE
Together there will be HUMILITY
Together there will be HONESTY
Together we will be BRAVE
Together we will gain WISDOM
At all times, participants shall conduct themselves in a professional manner, encompassing these teachings.
Tikinagan, NAN Legal Services, and Kunuwanimano also agree to participate fully in a proactive problem solving. Decision-making, and conflict resolution that is required to ensure appropriate service provision to protect the identified, child and address the outstanding child welfare concerns.
PILOT SITES
Tikinagan, NAN Legal Services, and Kunuwanimano have identified the following potential pilot sites:
• Mishkeegogamang First Nation (Osnaburgh)
• Eabametoong First Nation (Fort Hope)
• Wahgoshig First Nation
This joint selection process has been carefully undertaken, taking into account factors including:
• Urban setting
• Remote setting
• "Hot spot:
• "Cool spot"
• Availability of service providers
• Availability of family court
• Availability of services
• Community involvement
• Comparison Factors for evaluation
Tikinagan Protocol Continued
