Presentation on Grandparents Raising Grandchildren and the fight to get them out of care.

1. Land Acknowledgement
Please be advised
I am presenting from the unceded territory of the Coast Salish
peoples, including the territories of the Musqueam, Squamish, and
Tsleil-Waututh Nations

2. Trigger Warning
Please be advised
The content in this presentation will include
some personal stories of loss and systemic
racism.

3. Ugh’De’Wil’Gal’Um
Stephanie Morgan

5. Gitxsan Grandmothers Struggle with Child Welfare
Stephanie Morgan’s experience maneuvering through the Child Protection legal process.
Lower Barriers
Legal Aid
Coverage
Aboriginal
Content
Awareness
Remove
Racism
Financial
Support
Remove
Assumption
Risk

6. Racism
• Assumption of risk of Aboriginal People and Socially Accepted Systemic Racism
Barriers Aboriginal people face

7. Racism
• Assumption of risk of Aboriginal People and Socially Accepted Systemic Racism
Legal Aid coverage for 3rd party
• Social Worker are contacted to determine coverage-is this a conflict?
Barriers Aboriginal people face

8. Racism
• Assumption of risk of Aboriginal People and Socially Accepted Systemic Racism
Legal Aid coverage for 3rd party
• Social Worker are contacted to determine coverage-is this a conflict?
Aboriginal content in process
• No Traditional Indigenous Community or Hereditary involved
• Delegated Agencies have no policy or procedures
• The Indian Bands Served
• Indian bands have no recourses to deal with child protection issues, so usually don’t
• Bands are not funded by INAC to help with child protection issues.
• The Gitanmaax band (on reserve) and Wet'suwet'en are the only offices that have MCFD funded child protection
advocates
Barriers Aboriginal people face

10. Racism
• Assumption of risk of Aboriginal People and Socially Accepted Systemic Racism
Legal Aid coverage for 3rd party
• Social Worker are contacted to determine coverage-is this a conflict?
Aboriginal content in process
• No Traditional Indigenous Community or Hereditary involved
• Delegated Agencies have no policy or procedures
• The Indian Bands Served
• Indian bands have no recourses to deal with child protection issues, so usually don’t
• Bands are not funded by INAC to help with child protection issues.
• The Gitanmaax band (on reserve) and Wet'suwet'en are the only offices that have MCFD funded child protection
advocates
Child Protection Advocates
• Lawyers can not talk to social workers, they can only communicate with the directors counsel
• Advocates are necessary to help maneuver through the process, and can question everything.
Barriers Aboriginal people face

12. Racism
• Assumption of risk of Aboriginal People and Socially Accepted Systemic Racism
Legal Aid coverage for 3rd party
• Social Worker are contacted to determine coverage-is this a conflict?
Aboriginal content in process
• No Traditional Indigenous Community or Hereditary involved
• Delegated Agencies have no policy or procedures
• The Indian Bands Served
• Indian bands have no recourses to deal with child protection issues, so usually don’t
• Bands are not funded by INAC to help with child protection issues.
• The Gitanmaax band (on reserve) and Wet'suwet'en are the only offices that have MCFD funded child protection
advocates
Child Protection Advocates
• Lawyers can not talk to social workers, they can only communicate with the directors counsel
• Advocates are necessary to help maneuver through the process, and can question everything.
Financial Support
• Living Costs and Childcare
• Child Tax
• CFCSA financial support
Barriers Aboriginal people face

14. Party to the proceeding

15. Tsiy’Gyootzh

16. Kaila Skye

17. Child in Home of a Relative - FLA
Gordon Campbell's cuts

18. Gwalxh’ Milxh

19. Scooby 2001
Never
removed
physically
Social Worker laid
hands on Scooby and
quoted legislation
Received CIHR with
SW letter
Aboriginal
Content
None needed
Legal Aid -
Family
Coverage
July 2006
FLA
Custody

20. Xhcoo’ -Bl’uus

21. Benito 2006VACFSS
involved
during
pregnancy
*Kaila was drug
free at the time of
childbirth and was
living with me.
My son died 1
week after
Bonito was
born, Feb 1st
*VACFSS removed
when we returned
to Vancouver
Aboriginal
Involvement
Gitanmaax Indian
Band
•Elected Chief
Worked against
me having my
grandchild
*Hereditary Chiefs
helped have child
return to family
*Aboriginal
Mohawk Advocate
VolunteerLegal Aid- No
Coverage for
3P
*I started to
advocate to 3P
legal aid coverage
* I went to the
Family Legal
Center at LSS for
legal advise to self
represent;
-Michael
Bradshaw gave me
advice to press the
issue and involve
community; The
best advice I was
ever given.
July 2006 – FLA
Custody
CIHR financial
support

22. July 2006
Benito
kidnapped
by
Stepfather
Stepfather took Benito
to visit his family in
Prince Rupert;
He never returned and
Alienated the child
Aboriginal
Content
I involved the
hereditary chiefs and
did affidavits to
confirm our
traditional Gitxsan
laws of matriach.
Legal Aid –
No
Coverage
There was already an
order in place;
30 minutes with Access
Probono
•No Advice given to
Enforce the order or
delete an order to
respect an existing
order.February
2007 – OP
got shared
custody
After alienating,
gained guardianship
Benito 2006

23. Alienation
No communication;
No access;
Never returned to
Vancouver
Aboriginal
Content
Traditional System
reiterated in
Affidavit and in
court
Chiefs letters
Legal Aid
– Denial of
Access
coverage
Hours depleted before court;
Denied COC as there was no
merit and I would likely lose
my application for child to be
returned to family;
April 2015
Stepfather got
ALL parental
responsibilities
I got limited access
Benito 2010

24. April 2015
Application
for
Grandparent
to pay child
support
Aboriginal
Content –
Court
Affidavits
reviewed
N/A
Legal Aid
Coverage-
Exception
Review
December
2015
Application
dismissed
Precedent case law
Benito 2015

25. Benito 2019Dec 2019
Protection
Concerns-
Kitamaat
MCFD
As a guardian, I was
not notified by
MCFD;
Aboriginal
Involvement
An Aboriginal
support worker at a
his School found me
on Facebook and let
me know about
MCFD involvement
and ongoing abuse.
Legal Aid
-3rd Party
CFCSA
April 2019
FLA Primary
Guardianship
Order
Child Tax
Application for
child support

26. Angel

27. Angel 2015Removed at
birth;
Born
Premature
and
addicted to
heroin
Aboriginal
community
involvement
My mom Chief
Woo’sim’lax’ha and
dad Chief Gak signed
letters that affirmed
our traditional laws
Legal Aid
Coverage -
3rd Party
CFCSA
June 2017
CFCSA
54.01
Custody
Order
Includes child care and
financial support

28. Dex 2017

29. Dex 2017
Removed
at birth
Dex was born 3
months premature,
addicted to heroin;
Aboriginal
Involvement;
Hereditary and
Band Advocate
*Hereditary chiefs wrote a
letters asking the child be
returned to the traditional
house;
*When she turned 2 I contacted
the Gitwangak and Gitanmaax
Indian Band for help;
-only the Gitanmaax
Band responded, and agreed to
help me although we were off
the Indian Reserve;
*With the aboriginal advocates
help, the director agreed to an
FLA and supportive file.
Legal Aid
Coverage-
3P CFCSA
July 8, 2020-
Interim ;
Oct 30, 2020
FLA
Guardianship
Order
With ongoing support
file to cover cost of
childcare;
Dax’gyet is still in
foster care, and having
difficulty transitioning
back to family.

32. This eagle fan is being kept at PLC Smithers

33. Reference Material
Gordon Campbell’s cuts, news article
• https://www.straight.com/article-302303/vancouver/bc-coalition-protest-gordon-campbells-cuts-saturday-vancouver
• https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-
employment-and-assistance-rate-tables/child-in-home-of-relative-rate-table
Wrapping our Ways Around Them, Aboriginal Communities and the CFCSA Guidebook
• https://www.nntc.ca/docs/wowat_bc_cfcsa_1.pdf
Application for grandparent to pay child support dismissed
• https://www.slideshare.net/bluecedarangel/dec-8-2015-fla-application-dismissed-terrace-bc
Letter from the chiefs
• https://www.slideshare.net/bluecedarangel/letter-from-the-chiefs
Letter from the Gitxsan Chiefs Office
• https://www.slideshare.net/bluecedarangel/letter-from-the-gitxsan-chiefs-office
Thousands of grandparents raising BC Children – CTV News
• https://bc.ctvnews.ca/mobile/video?clipId=1214811&binId=1.1184694&fbclid=IwAR3VvH9YcKsVALW7ECTdIkDF8k-
9wFdzq4ge3fA4sedhmheQvG3NvbyLMtE

34. CFCSA and Family Law
FLA Aboriginal CFCSA