First Nation Representative Services
First Nation Representative Services (also known as Band Representative Services) are funded under the First Nations Child and Family Services Program.
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About First Nation Representative Services
First Nation Representative Services are delivered by a First Nation or an entity authorized by a First Nation that provide for a First Nation's participation in child and family services and child welfare processes involving its members, and which are funded under the First Nation Child and Family Services (FNCFS) Program.
A First Nation Representative works to:
- uphold and strengthen the rights of the First Nation in provincial, territorial and federal child and family services laws
- help ensure First Nations children, youth, young adults and families can meaningfully exercise their rights under provincial, territorial and federal child and family services laws
- prioritize preventive care, including prenatal and postnatal preventive care
- promote substantive equality for First Nations children and youth
- promote and support family unity
- connect First Nations children, youth, and families with the lands, languages, cultures, practices, customs, traditions, ceremonies and knowledge of their community
The objective of First Nations Representative Servicesis to support First Nations when children, youth, young adults and families from their community are involved or at risk of involvement with the child and family services system.
First Nation Representative Services are First Nations-defined and intended to support the holistic well-being of First Nations children, youth, young adults and families creates the foundation for healthy First Nations communities and future generations.
First Nations should be involved in the planning, the provision of services and the decisions with respect to their children, youth, young adults and families. This includes being notified in advance when a service provider is planning on taking any significant measure in relation to a First Nations child or youth.
Canadian Human Rights Tribunal order 41
In 2018 the Canadian Human Rights Tribunal (First Nations Child & Family Caring Society of Canada et al. v Canada, 2018 CHRT 4) ordered Canada to fund the actual cost of Band Representative Services for First Nations in Ontario.
As of April 1, 2022, Indigenous Services Canada (ISC) began providing funding for First Nation Representative Services to First Nations across Canada to support children, youth, and families that are ordinarily resident on reserve.
The expansion to fund all First Nations across Canada for the provision of First Nations Representative Services will support First Nations to meaningfully participate in child and family services matters respecting their children, youth and families when at risk of involvement with child and family services system. This commitment also establishes a more equitable funding approach by supporting First Nations Representative Services across the country rather than only in Ontario.
In Ontario
First Nation Representative Services (also referred to as Band Representative Services) funding in Ontario is complex, as it is subject to Ontario-specific negotiations with the Chiefs of Ontario and Nishnawbe Aski Nation. Please contact sefpn-fncfs@sac-isc.gc.ca for more information about funding for First Nation Representative Services in Ontario.
Who is eligible
The FNCFS Program provides funding for First Nation Representative Services to First Nations on reserve or in Yukon, that:
- are recognized as Bands within the meaning of the Indian Act, and
- are not receiving funding through a federal funding transfer agreement for delivering children and family-related services (for example: a signed coordination agreement)
Funding for First Nation Representative Services is provided either directly to the First Nation or the First Nation can authorize a First Nation Representative to receive funding.
Funding for First Nation Representatives is intended to support the delivery of these related services and advocacy work to support the safety and well-being of First Nations children and families living on reserve and in the Yukon.
For more information on eligible activities and expenditures within the FNCFS Program please see the FNCFS Transitional Terms and Conditions.
How to access funding
Canada funds First Nation Representative Services in the provinces (except in Ontario) and in the Yukon based on a formula, which is established at $283 per capita. The funding is adjusted annually based on inflation and population, as recorded in the Indian Registry System.
Funding is automatically included in the First Nation's FNCFS Program funding agreement, and allocated as a lump sum at the beginning of each fiscal year. There is no need for First Nations to apply for this funding.
In the event that a First Nation does not have an eligible First Nation Representative Services provider, funding will be provided to the First Nations who can determine and deliver the programming to meet their unique community needs or to redirect the funding to an organization to deliver these services on their behalf.
ISC regional teams can provide support and guidance for First Nations who do not have identified representative services but wish to establish these services for their community.
How funding can be used
First Nation Representative Services funding provided under the FNCFS Program aims at ensuring that the rights of First Nations children, youth, young adults and families are respected when they are involved with, or at risk of involvement with, the child and family services system.
Eligible expenditures for First Nation Representative Services activities are outlined in the FNCFS Program Transitional Terms and Conditions.
First Nation Representative Services activities may include:
- engaging with child and family services providers and participating in child and family service matters as set out in provincial, territorial and federal child and family services laws
- serving as the main contact between a First Nation and child and family services providers
- advocating for the children's rights and collaboration with other service providers in the best interest of the child
- exercising the rights and responsibilities of the First Nation under provincial, territorial and federal child and family services laws
- ensuring that child and family services providers address the real needs of First Nations children, youth, and families, including needs tied to culture, land and geography, and the effects of historical and contemporary disadvantage
- building and maintaining meaningful cultural, family and community connections for First Nations children, youth and families involved with the child and family services system
- facilitating the repatriation and/or reunification of children and youth in care with their family and First Nation(s)
- supporting First Nations children, youth and families involved or at risk of involvement with the child and family services system outside of their home communities, including working across different regions and jurisdictions
- supporting First Nations youth and young adults with post-majority support services
- participating in child and family services administrative and court proceedings
- accessing legal resources to represent the First Nation's interests in child and family services administrative and court proceedings
- receiving and responding to notices under provincial, territorial and federal child and family services laws
- helping families access prevention supports
- supporting customary care, kinship care and alternative care arrangements
- providing or arranging for alternative dispute resolution (e.g., circle processes and Indigenous approaches)
- monitoring agreements with child and family services providers pertaining to individual children, youth, and families
- developing and monitoring protocols or service agreements with child and family services providers
- participating in the development and monitoring of service plans with child and family services providers, for example:
- child, youth, or family care plans
- safety planning
- permanency planning
- after care plans
- youth transition/post-majority support services plans
Funding for capital assets
Funding is available for First Nation Representative Services for capital expenditures to support the delivery of these services.
All requests for capital pursuant to 2021 CHRT 41 to support the delivery of First Nations Child and Family Services can be submitted to chrt41-tcdp41@sac-isc.gc.ca.
For more information, visit the Capital Assets webpage.