1.2.3 Child Care Services

This section contains provincial policy and standards for entering into child day care agreements, use of suitable alternatives to licensed child care facilities and investigating allegations of abuse reported by staff in child care facilities. Information about accessing child (day) care services and coordination of services with Early Learning and Child Care is also included. It applies to child and family services agencies.

• Legislation

  The Community Child Care Standards Act

  Key definitions relevant to the coordination of services between child and family services and child care services can be found in section 1 of The Community Child Care Standards Act and section 1 of the Child Care Regulation.

  Section 2 of the Act lists situations to which the Act does not apply. Section 32 pertains to payment of subsidies to or on behalf of parents or guardians of children requiring child care facilities.

  Child Day Care Agreements

  Under section 12 of The Child and Family Services Act, an agency may enter into an agreement with a parent or guardian to place a child in a licensed child care facility or obtain a suitable alternative.

  Section 6 of the Child and Family Services Regulation limits the use of agreements and suitable alternatives. An agency may enter into an agreement when a licensed child care facility is not available or accessible and the child is at risk of having to be placed outside the family home either through a voluntary care agreement or apprehension. Subsection 6(2) sets out the conditions for an agency to place a child in a suitable alternative to a licensed child care facility.

  Forms

  The Child Day Care Agreement is no longer a prescribed form. If agencies choose to use it, it is available on CFSIS Forms Care Management/VFS EPS/Suggested.

  Form CFS-10 – Declaration of Family Income is a prescribed form and is available in CFSIS Forms, Case Management\Admin. Section 15 of the Act contains general provisions for payment of maintenance by parents or guardians to an agency for children relating to agreements entered into under sections 12, 13 and 14.

  Section 33 of the Child and Family Services Authorities Regulation transfers the power of the director under subsection 15(4) of The Child and Family Services Act to an agency’s mandating authority. That authority may require an agency to submit all or any agreements for day care, homemaker services or agreements under sections 12 and 13 of the Act for approval.

• Policy

  Agency Services

  Involvement of child and family service agencies in child care services ranges from responding to intake enquiries and referrals to opening a case to provide ongoing services.

  Intake enquiries and referrals are recorded as an incidental service (refer to Case Categories in Section 1.7.1, Service Records). A case is not opened for ongoing service unless an agency is providing services to a family under Part II or intervening under Part III of The Child and Family Services Act.

  Use of Child Day Care Agreements

  Use of child day care agreements under section 12 of The Child and Family Services Act is consistent with an agency’s duty under section 7 to:

  • work with other human service systems to resolve problems in the social and community environment likely to place children and families at risk, and
  • provide counselling, guidance and other services to families for the prevention of circumstances requiring the placement of children in protective care or in treatment programs and for the protection of children.

  Subsection 6(1) of the Child and Family Services Regulation sets out the criteria for an agency to enter into a child day care agreement with a parent or guardian under section 12 of The Child and Family Services Act as follows:

  • A child care facility licensed under The Community Child Care Standards Act is not available or accessible.
  • The child is at risk of having to be placed outside home either through a voluntary care agreement or by apprehension.

  Suitable Alternatives to Licensed Child Care Facilities

  Agency approval and use of suitable alternatives to licensed child care services must comply with subsection 6(2) of the Child and Family Services Regulation. The regulation:

  • Prohibits an agency from placing a child in an alternative to a licensed child care facility unless the alternative facility only provides care to less than five children and not more than two of these children are less than two years of age.
  • Requires an agency to ensure a suitable alternative provides an environment conducive to the health, safety and well-being of the child and a program of activities to promote the child’s physical, social, emotional and intellectual development.

  When a foster home or family residence (place of safety) is used as a suitable alternative, limits on the number of children in section 7 of the Foster Homes Licensing Regulation also apply.

  When approving a person or family as a suitable alternative to licensed child care, an agency must at a minimum:

  • conduct criminal record and child abuse registry checks on all adults in the home,
  • obtain a medical reference from a medical practitioner or another health care provider, and
  • obtain references from four persons or a recommendation from a local child care committee concerning the person’s or family’s ability to protect, nurture and care for children.

  Suitable Alternative Resource Records

  Agencies must maintain records on homes approved as a suitable alternative to a licensed child care facility. A suitable alternative record includes a CFSIS record and any other agency electronic or paper record. Information on the suitable alternative may be recorded as a case note in the Intake Module and a recording in a voluntary family service or protection case in CFSIS.

  Suitable alternative resource records fall under the definition of a service record in Section 1.7.1, Service Records. Confidentiality and access provisions in section 76 of the Child and Family Services Act apply. They are voluntary service records under subsection 76(12) of the Act.

  Child Protection and Licensed Child Care Facilities

  The following policies apply to the protection of children placed in licensed child (day) care facilities:

  Investigating Agency Responsibilities– As a general rule, the agency designated to provide joint intake and emergency services in the area where a licensed child care facility is located has the primary responsibility to coordinate child protection investigations. Responsibilities of the investigating agency include the following:

  • Ensure children are interviewed and are not at risk in the facility.
  • Notify facility operators or management of any investigations and any action taken.
  • Immediately undertake and actively coordinate investigations resulting from acts or omissions by a person working, training, volunteering or living in a facility.
  • Provide direction and support to facilities regarding the sharing of information relating to an investigation with staff, parents and others.
  • Advise agencies with foster children attending the facility of the investigation and coordinate the sharing of information with them.
  • Inform the local police detachment of a child abuse investigation and collaborate with the police when indicated in seeking or obtaining legal advice and direction from Public Prosecutions.
  • Arrange medical examinations for a child when indicated.
  • Notify Early Learning and Child Care of the investigation when a facility staff or operator is alleged to have caused a child to be in need of protection. This step will include the involvement of regional child care coordinators when applicable.
  • Collaborate with facility operators or managers, regional child care coordinators and Early Learning and Child Care as necessary to complete an investigation and to ensure children in the facility are no longer at risk of abuse or otherwise in need of protection.
  • Report the conclusion of an investigation to the facility operator or manager and, when applicable, Early Learning and Child Care.

  Placing Agency Responsibilities – Responsibilities of agencies that have placed foster children in a facility include the following:

  • Assist with interviewing children in the care of their agency or, when this cannot be done in a timely manner, facilitating interviews by the investigating agency.
  • Provide or arrange appropriate follow-up for a child including medical treatment, counselling or other services.
  • Participate in the investigative process and follow-up as required including attending meetings of an agency child abuse committee on request.

  Apprehending Children from Licensed Child Care Facilities

  The following procedures apply to apprehending a child in need of protection from a licensed child (day) care facility:

  • An apprehending worker must come to the facility in person. When this is not possible due to circumstances such as restricted travel in a remote area, the apprehending agency may request the police to apprehend the child.
  • In all cases, it is the apprehending agency’s responsibility to notify the child’s parent or guardian of the apprehension.

  Alleged Abuse by Suitable Alternative Care Provider

  Policies and standards in section 1.3.4, Provincial Child Abuse Investigations, apply to investigations of alleged abuse by a suitable alternative care provider.

• Standards

  1. Accessing Licensed Child Care Services – An agency ensures current information on licensed child care facilities is readily available to workers in the area where they are providing services to families or supervising children in foster care. Manitoba Child Care Search - Government of Manitoba.
  2. Referring Children for Child Care – A decision to refer a child for either licensed child care or a suitable alternative to licensed child care involves the following steps:
  • For a licensed child care facility, the required child care application forms are completed online (refer to Early Learning and Child Care (ELCC) Program Information and Procedures at the end of this section).
  • For a suitable alternative to a licensed child care facility, the case manager has followed the steps required under Standard 3.
  3. Suitable Alternative Placements – A decision to place a child in a suitable alternative to a licensed child care facility involves the following steps:
  • The case manager has confirmed whether a licensed child care facility is available and accessible prior to entering into an agreement with a parent or guardian.
  • For a child not in care, the case manager has a completed an assessment of the family and child.
  • For a foster child, the case manager has updated the child’s assessment.
  4. Signing Forms – If an agency chooses to use an agreement regarding child care, the agreement and Declaration of Family Income (CFS-10) are completed and signed by the parent or guardian prior to or on the date a child is placed in a suitable alternative.
  5. Filing Forms – Original copies of the child care agreement (if completed) and the Declaration of Family Income (CFS-10) are stored on the family protection (Prt) or voluntary family service (VFS) file.
  6. Child Protection Interventions in Child Care Facilities – Child protection interventions regarding children placed in a licensed child care facility are done in accordance with policies in this section.

• Early Learning and Child Care Program Information and Procedures

  Early Learning and Child Care

  Licensed Child Care Facilities

  The Manitoba Child Care Search website allows families to search for early learning and child care facilities and get contact and program information.

  Child Care Subsidy

  Child Care Subsidy for families.

  Foster Child Subsidy

  Child Care Inclusion Support Program

  Child Care Inclusion Support Program

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