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Employment and Income Assistance Administrative Manual

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Section 10 - Assistance To Children Under Section 5(1)(f)

10.1.1 LEGISLATIVE BASE - ASSISTANCE TO CHILDREN UNDER SECTION 5(1)(f)

Section 5(1)(f) of The Employment and Income Assistance Act provides for the payment of income assistance to a person who would be likely to lack the basic necessities, and who is:

" . . . a child both of whose parents are dead or in the opinion of the director are unable to contribute to his maintenance and who is wholly dependent on another person for his basic necessities;"

10.1.2 APPLICATION

All applications taken under section 5(1)(f) of The Employment and Income Assistance Act shall be endorsed by "the person" on whom the estranged, abandoned or bereaved child is dependent. On supplementary declarations, if necessary, the applicant shall detail all matters pertinent to establishing financial eligibility, including the child's assets, such as availability of resources in the form of parental contributions, support from a putative father and financial circumstances of the defacto parent(s).

10.1.3 ELIGIBILITY

No child shall be found eligible under an application for 5(1)(f) enrolment unless all of the following conditions exist:

  1. the person in need is a child (less than 18 years of age); and,
  2. the child's parents are dead or unable to provide adequate support; and,
  3. the child depends upon a specific person other than his or her parent for financial support.

10.1.4 FUNCTION OF CHILD WELFARE AUTHORITY

Where deemed appropriate by EIA staff, enrolments under section 5(1)(f) may be conditional upon recommendations from the local child welfare authority as to whether the placement plan is in the child's best interest. Within one month of a request, the child welfare authority must provide a written assessment including recommendations which address the following:

  1. Depending on the circumstances, the agency worker should explore all the legal implications of the situation with the applicant. The worker should clarify the options open to him or her and, when appropriate, advise the applicant to seek legal counsel. The legal issues may include the following:
    1. medical consents;
    2. verification of child's identity for school, other activities or international travel;
    3. legal guardianship by the applicant(s);
    4. adoption;
    5. Voluntary Placement Agreement;
    6. agency application for temporary or permanent guardianship; or,
    7. voluntary surrender of guardianship by parents, if applicable.
  2. The assessment and recommendation must be provided in writing and must be co-signed by a worker and supervisor from Child and Family Services and must address the following main questions:
    1. Is the placement data provided by EIA verified?
    2. Is the placement appropriate for the child?
    3. Have the applicants been advised of their legal responsibilities to the child as provided under The Child and Family Services Act (section 48) and are they willing and capable of providing proper care and supervision to the child?
    4. If the placement is inappropriate, what action has been taken, or is being contemplated, to ensure the child's well-being?
    5. Are there any special conditions under which financial assistance should be given?
    6. Information relating to prior Voluntary Placement Agreement enrolment.

The assessment should address the circumstances of all parties to the private placement arrangement, as well as assure the appropriateness of the alternate care giver.

This includes checking SAMIN, the Child Abuse Registry, and Criminal Records on the proposed care givers.

10.1.5 FUNCTIONS OF EMPLOYMENT AND INCOME ASSISTANCE

EIA is responsible for administering financial assistance under the provision of section 5(1)(f) of The Employment and Income Assistance Act.

To fulfill its responsibility, EIA:

  1. accepts applications for enrolment under section 5(1)(f); and,
  2. reviews and establishes financial eligibility for assistance by securing the following basic information to assess eligibility:
    1. name, age and legal status of the child in question;
    2. names, ages and address of the legal parents and their financial status;
    3. name, age and address of the prospective person with whom the child will reside; and
    4. any other information required for establishment of financial eligibility according to the Regulation under The Employment and Income Assistance Act and The Family Maintenance Act.
  3. if necessary, refers a participant to Child and Family Services for assessment in order to determine whether the placement plan is in the child's best interest. The referral process is as follows:
    1. applicants should be advised of the referral by EIA;
    2. the referral for an assessment by Child and Family Services should be made in writing and should be accompanied by the basic identifying data about the child and the individual in the household; and
    3. the local Child and Family Services agency should respond to the request and, considering the interests of the child and the implications of the situation according to the provisions of The Child and Family Services Act, furnish the appropriate assessment and recommendations within one month of the date of receipt of the request.

10.1.6 AUTHORITY TO ENROLL

Where the District Director of EIA is satisfied that financial and social conditions warrant enrolment of a participant under section 5(1)(f) of the Act, the Director may authorize assistance.

Pending the receipt of a written assessment and recommendations from Child and Family Services, an interim enrolment may be authorized when the applicant otherwise meets eligibility requirements.

10.1.7 CONFLICT RESOLUTION

Where there is a disagreement between Child and Family Services and EIA regarding continued assistance, EIA will continue financial assistance until the disagreement is resolved. When there is a disagreement and the participant is not receiving financial assistance, the dispute must be resolved as quickly as possible to ensure that the child's needs are addressed.

If possible, all disagreements should be resolved at the local level. Disagreements at the local level should be addressed as follows:

  1. When counsellors from Child and Family Services and EIA cannot agree, they should advise their supervisors and consult on a possible resolution.
  2. When the disagreement cannot be resolved at the supervisory level, the supervisors are to arrange a conference involving every person who has significant information, as well as their Directors.

When a disagreement cannot be resolved at the local level, the matter should be forwarded to the Executive Director of Client Services and to the Director of Child and Family Services for their final joint decision. It is expected that this final adjudication should not exceed 14 days.

10.1.8 RATES PAYABLE

Children enrolled under Section 5(1)(f) of The Employment and Income Assistance Act are entitled to:

  1. normal assistance at age appropriate rates as dependants when cared for in an income assistance household. Such children shall be included with the family for Health Services, special needs, and other household-related entitlements; and,
  2. board and room assistance up to the maximum amounts established in the EIA Regulation Schedule A, section 4(a), plus clothing assistance at age appropriate rates when cared for in a household not receiving income assistance. Such children constitute a "unit" when siblings reside together in a situation, with board and room assistance increasing at the rate established in the Regulation Schedule A, section 4(a)(iii), and with household entitlement to such items as special needs and Health Services coverage.

10.1.9 FILES

Where applicants apply for assistance for their family unit and their extended family, they should be enrolled in one file under the appropriate section of The Employment and Income Assistance Act as a family unit. If eligible, the extended family may include one or more children who are not the natural or legally adopted children of applicants or their spouses.

In all other instances, children should be enrolled under section 5(1)(f) of The Employment and Income Assistance Act when they meet all of the requirements set out in EIA directives. In these situations, separate files should be kept for each 5(1)(f) enrolment. In the event more than one 5(1)(f) child is enrolled in a family, only one file is necessary. For administrative purposes, the applicant is the youngest child.

10.1.10 CHILDREN WHO ARE NOT TO BE CONSIDERED FOR ENROLLMENT

The following are circumstances where children should not be enrolled under section 5(1)(f):

  1. Children whose parents are able but unwilling to provide for their maintenance.
    • If the referral comes from Child and Family Services, it should be an informed referral based on an assessment. Child and Family Services must provide any information regarding the parents' financial circumstances.
    • EIA staff are responsible for determining parents' ability or willingness to maintain their children financially.
  2. Children whose legal status is pending a court decision with respect to an application for guardianship by a Child and Family Services agency.
  3. Any situations where protection concerns have resulted in the removal of the child from his or her home (e.g., physical/sexual abuse) are not to be considered for enrolment unless Child and Family Services provides the necessary support services. In a situation where EIA and Regional Operations do not accept the findings of Child and Family Services regarding supports required, the conflict resolution process should be followed. See Section 10.1.7 on Conflict Resolution.
  4. Any situation in which there are current protection concerns such as physical or sexual abuse, alcoholism or drug dependency.

    If EIA and Regional Operations have knowledge of such factors, they should refer the matter to Child and Family Services for investigation. Child and Family Services will determine the suitability of the placement and supply a report for EIA records. In a situation where EIA and Regional Operations do not accept the findings of Child and Family Services, the conflict resolution process should be followed (see section 10.1.7)

  5. While a Voluntary Placement Agreement is in place.
  6. Children who are in conflict with their parents and where enrolment would serve to undermine the parents' rights and responsibilities.
  7. Children who have been privately placed for a period of more than six months unless a well documented financial and social case can be made indicating changes in the financial situation.
  8. Private short-term placement (i.e., 90 days or less) with relatives or friends.
  9. Unmarried mothers under the age of 16 years of age.

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