1.2.8 Customary Care Agreements

The government of Manitoba recognizes and respects the inherent rights of First Nations, Inuit and Métis people to care for their children and families. We acknowledge that families, Nations, and our system have wanted tools that support family and community caring for their children.  Legislation in Manitoba now provides for four new types of agreements and these agreements support this approach and practice of working with families, communities to holistically support and care for children.

These agreements include family support, kinship, customary and voluntary care and are designed to give agencies more options to support children and families to enhance and maintain connection to family, community and culture. Through these agreements, agencies are able to implement a practice which recognizes the role of extended family and community, and where parents and guardians keep guardianship and retain an active role in caring for and making decisions regarding the welfare of their children.

Agreements are voluntary and can be used where there are protection concerns, but do not include a court process and are collaborative in working with families. Families who enter into agreements will be involved in the active planning and decision making of their child and are signatories in all agreement types.

The four new agreement standards in the CFS Standards Manual are interim and will expire on October 1st, 2025.  During this period, agencies are to collaborate with their Nations and rights holders to develop their own policy, standards and procedures to support the use of agreements.  The spirit and foundation of agreements encourages a shared responsibility and shared accountability between agencies and their Nations. 

Authorities and/or Agencies can submit these documents to the Child and Youth Services Division at any point prior to October 2025.

This section pertains to the use of customary care agreements for planning and delivering care to a child. Customary Care Agreement are an agreement between an agency, a parent or guardian and a customary caregiver. These agreements are for Indigenous children to provide care that is consistent with their cultural and traditional identity and reflects the same unique customs of their Indigenous community. A child is not in care of an agency under this agreement and the parent retains guardianship.

• Legislation

  The Child and Family Services Act

  
  

  Definitions
  Customary caregiver means a person, other than the Indigenous child's parent or guardian, who has entered into a customary care agreement that provides for a child to reside with the person;

  Customary care home means a home or other place where one or more Indigenous children reside with a customary caregiver under a customary care agreement.  

  Duties of agencies
  7(1) According to standards established by the director and subject to the authority of the director every agency shall:
  (l) develop and maintain childcare resources;
  (l.2) further the provision of customary care to Indigenous children served by the agency.

  Customary Care Agreements
  13.3(1) The purpose of a customary care agreement is to establish the basis for planning and delivering care to an Indigenous child that recognizes the needs and the cultural identity of the child and reflects the unique customs of the Indigenous group, community or people to which the child belongs.

  13.3(3) The following must be parties to a customary care agreement:
  (a) the Indigenous child's parent or guardian;
  (b) the agency serving the child;
  (c) if the agreement provides that the child is to reside with a customary caregiver, the caregiver.

  Agreement may include other supports
  13.3(4) A customary care agreement may make provision for one or more supports available under subsection 13.1(2).

  Family support agreement
  13.1(2) An agency may enter into a family support agreement with a parent, guardian or other person who has actual care and control of a child to make provision for one or more of the following:
  (a) a service described in section 9 (Services to families), 10 (Special needs services), 12 (Day care service) or 13; (Homemaker service);
  (b) financial assistance;
  (c) an item or resource that would meet one or more of the child's needs;
  (d) a service to support the child in their home;
  (e) a service to prepare for and facilitate the child's return home while the child is in an out-of-home placement;
  (f) a service to support the child and their family when the child has returned home from an out-of-home placement or from any other living arrangement.

  Confirmation of decision-making responsibility
  15.1(1) The purpose of this section is to facilitate that a person other than a parent or guardian is responsible for making decisions in respect of a child under an agreement made under this act.

  Request made to agency
  15.1(2) On request by a person who is not a child's parent or guardian, and subject to the regulations, an agency that is a party to an agreement under this act may provide a written statement confirming that the person making the request is responsible for making decisions in respect of the child, including in relation to the child's health or education.
  

• Policy

  Use of Customary Care Agreements

  The use of customary care agreements (CCA) is consistent with the purpose of the act to support the safety, security and well-being of children through the provision of services that are designed to preserve, sustain and restore families in the least disruptive manner possible (Section 2). CCAs align with placement priorities outlined in subsection 2.7(1) and the placement priority standard in section 1.4.1.

  Agencies can enter into a CCA in respect of an Indigenous child, with a parent or guardian of the Indigenous child and a customary caregiver, relating to the care of the child in a way that recognizes the needs and cultural identity of the child and reflects the customs of the Indigenous community they belong to.

  The parent or guardian retains guardianship, and a court process is not required.

  Standards and Policies to Support Agreements - Authorities and agencies are responsible to develop policies, standards, and procedures for approval of customary caregivers and customary care homes. These policies, standards and procedures are to include direction regarding agency engagements with families and customary caregivers. This should include the frequency of family, child and caregiver contact, assessment and re-assessment, expectations for continual support, documentation and the completion of an environmental safety scan. The environmental safety scan should be reflective of community standards, the ages of the children under the agreement and any other relevant factors. Authorities are also encouraged to create a framework regarding background checks for customary caregivers for their agencies to follow. This can include a family’s exposure in community, reference checks or any other methods that their agencies may use to approve a customary caregiver.

  Authorities and agencies should also consider including in their policies, standards, and procedures:

  Health and Safety- the health and safety of a child under a CCA including medical, vision and dental care and the administration of medication.

  Missing Child- If age appropriate, a written missing child response plan for the customary caregiver, parent or guardian and the agency.

  Money and Possessions- The money and possessions of a child are returned to the child or their parent or guardian when the child is preparing to move from the customary care home.

  These policies, standards and/or procedures are to be submitted to the Child & Youth Services Division for information.

  Decision to enter into a customary care agreement – A decision to enter into a customary care agreement is made by an agency, the parent or guardian and a customary caregiver. The customary care agreement should be collectively established and can be used to mitigate protection concerns through discussions. Approaches could include sharing circles, family network meetings or other methods.

  Alternate Decision Maker - Provincial CFS agencies are encouraged to use the standardized template on CFSIS in Forms: Case Management/CS/Suggested, to confirm that a person has been authorized by an agreement made under The Child and Family Services Act to make decisions in respect of a child regarding specific identified matters.

• Standards

  1. Customary Care Agreements - All CCAs and renewals must be in writing.
  2. Views and Preferences of the Child - must be considered by the parties to the CCA.
  3. Content of a Customary Care Agreement - A CCA must include the following:
     • the child's name and birth date
     • the place where the child is to reside.
     • the name of the customary caregiver
     • a description of the customary caregiver's role and responsibilities
     • a description of the role and responsibilities of the parent or guardian
     • the person or persons who are responsible for making decisions respecting the child.
     • if a support available under subsection 13.1(2) is to be provided, the type of support.
     • a description of the agency's role and responsibilities
     • the process for resolving issues or concerns arising under or in relation to the agreement.
     • the duration of the CCA
     • financial and other supports provided

  4. Interim agreement - The agency, parent or guardian and customary caregiver may to enter into an interim customary care agreement to allow time to develop a longer-term agreement.
  5. Background Checks - Agencies are required to determine the level of background information needed to approve a caregiver.  This may include an assessment of the caregiver, references or recommendations from a community organization, employer, volunteer organization, chief and council, elder and/or local childcare committee.  Mitigation- Case managers must review the results of all checks and disclosures to assess if mitigation is necessary, and as required, create a plan to ensure the safety of the child within the home.
     • Child Abuse and Prior Contact Check- Case managers must obtain consent for a Child Abuse Registry Check and a Prior Contact Check from all adults living in the home.  
     • Criminal Record Disclosure- Case managers must provide the caregiver and all adults living in the home with a criminal record disclosure form. The disclosure form is to be used to assess the suitability of moving the child into the customary caregivers’ home.
     Additionally, agencies may determine when a criminal record check is required for customary caregivers or other adults residing in the home based on assessment and in accordance with any Authority policy. Agencies may fund all background checks required of customary caregivers or adult members of the home.
  6.  Intake Response- The agency must respond to a referral identifying protection concerns regarding a customary caregiver as per Intake 1.1.1 Response Times, standard 9.
  7. Environmental safety - Case managers must have safety discussions and complete an environmental safety scan with the customary caregiver prior to signing of the agreement. The scan must include:
     • Safe sleep environment- The case manager will provide the customary caregiver with written public information about safe sleep for infants and assess the sleep environment of infants under the age of one under an agreement.
     • Fire safety- The agency must review a fire safety plan with the caregivers (fire escape plan, smoke detectors).
     • Safe storage- The case manager discusses and assesses the safe management, storage, and handling of hazardous products such as alcohol, cannabis, medications, cleaning products, firearms and ammunitions.
     • Sleeping arrangements- The case manager must assess the sleeping arrangements and along with the caregivers develop an appropriate plan based on the development of the child
  8. Contact Standards- Case managers are required to have face to face contact with a child under a customary care agreement within 5 working days of the child’s move to the caregiver’s home. Face to face contact must be monthly for the first three months of the agreement.
     • Following the first three months, regular face to face contact should be based on support needs, family assessment and follow any mitigation planning and/or authority policy.
  9. Critical Incident Reporting- Section 1.7.4 Critical Incident Reporting applies to children under a customary care agreement Section 1.7.4 Critical Incident Reporting.
  10. Child Identification- The health numbers, birth certificate, First Nation registration, Métis citizenship, Inuit Land Beneficiary number or any other necessary documents to support the care of the child are provided to the customary caregiver.
  11. Signing of Customary Care Agreements – Parties to CCAs must include the child’s parent or guardian, the agency serving the child and the caregiver.
  12. The Agency Must Give Copies of The Customary Care Agreement or Renewal and to -
      • each party to the CCA within 5 working days of the parties signing. The copy of the CCA can be provided by personal service, mail or, if consented to by the parties, email
      • its mandating authority within 5 working days of the parties signing
  13. Review of Customary Care Agreement - The agency must review a CCA or renewal with every party to the agreement -
      • at least once every 365 days
      • if the agreement has a specified duration, at least 30 days before the CCA expires
      • on request by a party to the CCA
  14. Ending a Customary Care Agreement -
      • A party to the agreement may end an agreement or a renewal of a CCA at any time.
      • A CCA ends on the day the child reaches the age of majority.
      • The agency must inform its mandating authority that the CCA has ended.
  15. Alternate Decision Maker- An agency may provide a written statement confirming that a person who is not a child’s parent or guardian is responsible for making decisions in respect of the child, the statement must have an effective date and expiration date. Written notification shall be provided should the decision-making power be revoked.
  16. The Alternate Decision Maker- Information should be included in the customary care agreement.
  17. Template for Alternate Decision Maker Letter- Agencies are encouraged to use the template located on CFSIS in Forms: Case Management/CS/suggested or a template distributed by their Authority.
  18. Monitoring and Review- Agencies are to follow case management standards for monitoring and the review of services in Section 1.1.5 Evaluation

  
  
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