THE REGIONAL MUNICIPALITY OF NIAGARA REPORT TO




	THE REGIONAL MUNICIPALITY OF NIAGARA REPORT TO: Chair and Members Community and Health Services Committee SUBJECT: Supports for Extended Families Caring for Children RECOMMENDATION That this Committee recommend to Regional Council: That the Province of Ontario amend the Child and Family Services Act to recognize custodial care by extended family members as a legitimate intervention and that the related funding to support these care arrangements be made available. That the Temporary Care allowance rate pursuant to the Ontario Works Act be altered to reflect established rates for similar care by foster parents. That the Regional Municipality of Niagara along with the Niagara Family and Children's Services train their respective staff on the program options available to extended family members wishing to care for children. That the Region of Niagara along with Family and Children's Services advocate for the recommended changes with the Ministry of Community and Social Services as well as relevant Associations, such as the Ontario Association of Children's Aid Societies. That other Consolidated Municipal Services Managers be informed of this issue through circulation of this committee report. That the Province of Ontario be encouraged to consider legislative change to permit open adoptions. That the Regional Chair correspond with the Minister of Community and Social Services to advise the Minister of these recommendations. PURPOSE The report has been prepared to provide information regarding financial and other supports that are available to extended family members who care for children, when the natural parents are unable to do so. The report identifies deficiencies with the current system of supports for these families and suggests, legislative, policy and program changes to better support extended family members who take responsibility for the care and nurturing of children. BACKGROUND Staff of the Community Services Department and Family and Children's Services Niagara were approached by a group - Grand-PARENTING AGAIN Self-Help Support Group - to identify concerns regarding their status and the supports available to them when taking on the care of their grandchildren. The group advocates on behalf of Grandparents who are caring for their grandchildren, as the natural parents are unable to do so for a variety of reasons such as incarceration, mental health issues, addictions, etc. Their concerns are related to legislative recognition of their status, the level of financial and other supports provided to them and the availability of information regarding benefits and supports. There are 43 families in Niagara and surrounding communities that participate in the self-help group and there are many people across Ontario and Canada that regularly contact the group for information and assistance. A study by Professor Esme Fuller-Thomson of the University of Toronto School of Social Work in 1996, indicated that there were 27,000 Canadians were raising their grandchildren with little or no support from the natural parents. The financial and other supports that are available to these families through the Community Services Department are as follows: Financial assistance (Temporary Care Allowance) and other discretionary benefits such as dental services under the authority of the Ontario Works Act. The intent of the legislation is to provide temporary assistance while more permanent arrangements are being made for the care of the children. However, the program guidelines do recognize that this form of support may be longer term in nature for some cases and endorses the use of the allowance for the period of time required to ensure financial support for the children. There are no requirements for needs testing related to this form of assistance given that the support is directed to the child(ren). The allowance is $214.00 per child/month for the first child and $174.00 per child/month for other children in the family unit. The National Child Benefit Supplement is deducted from this allowance as per Provincial policy. In addition, in those circumstances where one of the grandparents is deceased, the child may be eligible to receive the Orphan's benefit under the Canada Pension Plan, and this income could in some circumstances, lead to ineligibility for the Temporary Care Allowance and associated medical coverage. Child care pursuant to the Day Nurseries Act as well as recreation opportunities through the PRO-Kids initiative. Eligibility for supports is determined through a financial needs test consistent with the legislation and related guidelines. In addition, for parents with children deemed to have special needs, who have income and assets in excess of the guidelines, they may still utilize these services if they pay 20% of the program fees. Generally, grandparents have assets in excess of the financial needs test guidelines and are ineligible for supports where this is a pre-requisite. There are currently a total of 260 families in receipt of temporary care assistance. This includes grandparents as well as other extended family members such as Aunts. There appear to be limited additional avenues of support for these families. REPORT Social Context The concern of the grandparents is that their limited financial resources for retirement are being depleted as they take on these new responsibilities. It is not a lack of willingness to support these children financially and otherwise, but rather a fear of loss of all their savings and their ability to continue to support themselves and their family members. The grandparents are faced with taking on some very significant responsibilities, often for very young children at a time in their own life when they had thought they would be less active and have reduced costs. Despite these challenges, these individuals take on this responsibility for the care and nurturing of the children and feel very passionate about their wish to continue to provide this important care at such a critical time in the life of their grandchildren. Status and Parental Access and Control The grandparents have very strong concerns about the lack of formal recognition or status in legislation. Many of the grandparents seek and gain formal custody of the children. However, it is a very costly process and the grandparents are not eligible for Legal Aid assistance. Access to the children by the natural parents is normally either at the discretion of the grandparents or through supervised or unsupervised access as designated by the courts. For those that do not have formal custody they often feel that they are in a tenuous position with the natural parents and are vulnerable to removal of the children. LEVEL OF FINANCIAL AND OTHER SUPPORTS Current Supports The level of financial support provided through the Temporary Care Allowance is inadequate to financially support the children. The Temporary Care Allowance translates into a daily rate of between $6.00 and $7.00. Currently, there is no respite or emergency care for these families when they are ill, or in need of some time away from these familial responsibilities. The grandparents are very concerned about what would happen to the children if they became ill. Many of the grandchildren have undergone emotional or psychological trauma and require additional community program supports. Often, the families are faced with waiting lists for these services and are frustrated as they attempt to manage the behavioural issues of the children. The families feel that needs testing and seeking documentation for "special needs" funding is degrading and unnecessary, given their unique situation. They would like an exemption, as recognition of their special circumstances, when it comes to accessing child care and other related supports for their grandchildren. Future Opportunities The grandparents feel that they should be compensated consistent with the rate provided to foster parents who are providing comparable services. Foster parents receive financial support of roughly $25.00 - $35.00/day. This would be considered a more adequate level of financial support that that currently available through the Temporary Care Allowance. Foster care funding through Family and Children's Services is not currently available to these families, as the children do not fit the legislated criteria of being "in need of protection" due to the intervention of the extended family members. However, if the family members did not provide care, these same children would be considered in need of protection and would be taken into care under the authority of the Child and Family Services Act. The child welfare legislation currently fails to recognize the important social and health benefits associated with extended family members caring for children and the preventative aspect in terms of longer term costs to society. Further, with a growing crisis in the availability of foster parents in many communities, this approach could alleviate some of the pressure in this area. Foster parents also receive other potential benefits such as respite care, possible access to child care as well as other supports and benefits, as appropriate, and based on the particular circumstances of the child. The grandparents have indicated a strong desire to have the same access to these types of supports as is provided for foster parents. A suggested change to current practice/policy/legislation related to Children's Aid Societies across Ontario, is to recognize custodial care as a legitimate form of care pursuant to the Child and Family Services Act. In appropriate cases, this would enable more adequate funding, provide formal legislative status vis-?vis the care of the children and enable access, as appropriate, to other supports and benefits. In addition, changes could be made to the Ontario Works legislation to increase the Temporary Care Allowance rate to reflect established rates for foster parents, given the similarity in supports being provided. A further suggestion of the grandparents is the introduction of legislation to support open adoptions. This form of adoption is in place in many jurisdictions in the United States and enables extended family members to arrange an adoption, perhaps with a family that is unable to have children, while maintaining their involvement and special relationship with the children. Access to Information Grandparents wish to have access to information regarding their eligibility for financial assistance as well as information about the range of discretionary benefits that they can access through Ontario Works. In addition, the group has requested that FACS ensure that their staff are trained and knowledgeable about the supports available through Ontario Works so that they can refer families, as appropriate. CONCLUSION The care of children by extended family members where natural parents are unable to provide care is an important community response to a family crisis. The Province of Ontario, through the Ministry of Community and Social Services should revise current legislation and related funding to recognize and support this important and very appropriate form of care arrangement. The Child and Family Services Act and the Ontario Works Act and relevant regulations should be amended to enable appropriate compensation and recognition of this form of care. As a result it is recommended that: That the Province of Ontario amend the Child and Family Services Act to recognize custodial care by extended family members as a legitimate intervention and that the related funding to support these care arrangements be made available. That the Temporary Care allowance rate pursuant to the Ontario Works Act be altered to reflect established rates for similar care by foster parents. That the Regional Municipality of Niagara and the Niagara Family and Children's Services, train their respective staff on the program options available to extended family members wishing to care for children. That the Region of Niagara along with Family and Children's Services advocate for the recommended changes with the Ministry of Community and Social Services as well as relevant Associations, such as the Ontario Association of Children's Aid Societies. That other Consolidated Municipal Services Managers are informed of this issue through circulation of this committee report. That the Province of Ontario be encouraged to consider legislative change to permit open adoptions. That the Regional Chair correspond with the Minister of Community and Social Services to advise the Minister of these recommendations Submitted by Approved by ______________________________ __________________________ Susan R. Reid, Commissioner Mike Trojan Community Services Department Chief Administrative Officer This report was prepared by Mike Bauer, Manager and Lorraine Graham-Watson, Director Social Assistance and Employment Opportunities Division.