This chapter is divided into six sections as follows:
Section 1 – Resource Management
Section 2 – Licensing and Licensing Appeals
Section 3 – Child Placements
Section 4 – Care Responsibilities
Section 5 – Support and Respite
Section 6 – Removing Foster Children

Legislation

The Child and Family Services Act
The Child and Family Services Authorities Act

The Child and Family Services Act

Section 1 of The Child and Family Services Act defines a child care facility as a foster home, group home, treatment centre or any other place designated in the regulations as a child care facility. A foster home is defined as a home other than the home of a parent or guardian of a child, where not more than four children who are not siblings are placed by an agency for care and supervision but not for purposes of adoption.

The Child and Family Services Authorities Act

Clause 19(l) of The Child and Family Services Authorities Act requires authorities to ensure the development of appropriate placement resources for children. Clause (p) requires them to hear and decide appeals respecting the licensing of foster homes.

Under section 20 of the Child and Family Services Authorities Regulation, the authorities and the director (Director of Child and Family Services) share the duty under clause 4(1)(j) of The Child and Family Services Act to ensure the development of appropriate placement resources for children. 

Policy

Terminology
Agency and Authority Responsibilities
Foster Parent Rights and Responsibilities

Terminology

The following terms apply to the sections in this Chapter. They pertain to the development, licensing and use of foster homes:

Care Provider – a foster parent, respite worker, babysitter or other person providing care for a child in care.

Licensing Agency – the child and family services agency that is processing an application for a licence or has issued a licence to operate a foster home, and is managing the home unless a managing agency is doing so.

Managing Agency – a service organization (see definition below) or a child and family services agency other than a licensing or placing agency involved in developing or managing a foster home.

Placing Agency – the child and family services agency that is planning to place or has placed a child in a foster home.

Service Organization – an organization not mandated as a child and family services agency such as a family service agency or child care facility involved in developing and using foster homes as part of its service continuum or at the request of the child and family services system.

Service Provider – an individual or service organization other than a child and family services agency that provides services for the child and family services system.

Agency and Authority Responsibilities

Child and family services agencies have the primary responsibility for developing foster homes. Agencies are also required to participate in interagency initiatives and resource coordination processes developed by the four authorities in collaboration with the Child Protection Branch.

Other service organizations such as family service agencies and child care facilities may develop foster homes as part of their service continuum or at the request of the child and family services system. However, under section 8 of The Child and Family Services Act, these homes must be licensed by a child and family services agency. The Director of Child and Family Services consults with the four authorities in deciding which agency or agencies will be responsible for licensing these homes in a specific geographic area.

Child and family services authorities must have a licensing appeal process in place based on sound legal principles and consistent with legislative requirements. The province encourages the four authorities to work together in developing these processes for the benefit of foster parent appellants and licensing agencies.

Foster Parent Rights and Responsibilities

The sections in this chapter cover provisions in The Child and Family Services Act and regulations pertaining to the rights of children, parents or guardians, and foster parents.

Family Services and Housing has also issued best-practice statements respecting the rights and responsibilities of foster parents. These statements are included in the Foster Family Manual completed and distributed in 2002 and are also available on-line at www.gov.mb.ca/fs/childfam/fostercare under the heading, “Do Foster Parents Receive Support?” The Manitoba Foster Family Network website at www.mffn.ca is also a source of information in this regard.

Standards

The provincial standards in this chapter are minimum requirements for the development, licensing and use of foster homes.

Agencies are also required to follow culturally appropriate standards developed by their respective mandating authorities pursuant to section 19 of The Child and Family Services Authorities Act.