1.2.6 Family Support 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 focuses on family support agreements under section 13.1(1) of The Child and Family Services Act.  Family Support Agreements are planned between a parent or caregiver and the CFS agency. The purpose is to work with the family to establish what types of supports would be most helpful to meet the needs of the child and the family.  It can include financial support, an item or resource, or a service to support the child and family. The goal is to enhance the health and wellbeing of a family. The child remains living with their family.

• Legislation

  The Child and Family Services Act

  Purpose

  13.1(1) The purpose of a family support agreement is to establish the basis for planning and delivering supports that meet the needs of a child and their family.

  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 .
  

• Policy

  Use of Family Support Agreements

  The use of family support agreements (FSA) 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).

  Agencies can enter into an FSA with a parent, a guardian, or an adult who has actual care and control of the child.

  Standards and Policies to Support Agreements - Authorities and agencies are responsible to develop policies, standards and procedures for the provision of family support services. These are to include family engagement, identifying frequency of family and child contact, assessment, re-assessment, continual support and documentation. These policies, standards and/or procedures are to be submitted to the Child & Youth Services Division for information. Agencies are to complete assessments for Family Protection files and are to follow client contact based on the assessment.  

  Decision to Enter into a Family Support Agreement - A decision to enter into an FSA is made by an agency and the parent, guardian or other person who has actual care and control of a child. The FSA should be collectively established and can be used to mitigate protection concerns through discussions which can include sharing circles, family network meetings or other methods.

• Standards

  1. Family Support Agreements - All FSAs must be in writing. Authorities and agencies must decide the format and content of the agreement.
  2. The Agency Must Give Copies of The Family Support Agreement to -
     • each party to the FSA within 5 working days of the parties signing by personal service, mail or, if consented to by the parties, email
     • its mandating authority within 5 working days of the parties signing
  3. Filing a Family Support Agreement - A family support agreement must be filed on the file.
  4. Review of the Family Support Agreement -The agency must review an FSA with every party to the FSA:
     • at least once every 365 days
     • if the agreement has a specified duration, at least 30 days before the FSA expires
     • on request by a party to the FSA
  5. Ending a Family Support Agreement -
     • A party to the FSA may end an FSA or a renewal of an FSA at any time.
     • An FSA ends on the day the child reaches the age of majority.
     • The agency must inform its mandating authority that the FSA has ended.
  6.  Evaluation - Agencies are to follow case management standards for monitoring and the review of services in Standards 1.1.5 Evaluation.

  
  
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