SO MUCH LEFT TO DO:

STATUS REPORT ON THE 62 RECOMMENDATIONS
FROM THE PHOENIX SINCLAIR INQUIRY

 

Of?ce of the Children?s Advocate
MANITOBA
2016

 

 

 

 

So Much Left To Do: Status Report on the 62 Recommendations from the Phoenix Sinclair Inquiry
OFFICE OF THE CHILDREN’S ADVOCATE 2016

CONTENTS
INTRODUCTION .................................................................................................................................................. 5
PURPOSE OF REVIEW ......................................................................................................................................... 6
METHODOLOGY ................................................................................................................................................. 6
Status Definitions for Assessing Progress ...................................................................................................... 7
SUMMARY OF FINDINGS .................................................................................................................................... 8
In Progress - 50% of Recommendations ...................................................................................................... 10
Pending - 21% of Recommendations ........................................................................................................... 11
Complete/Complete and Ongoing - 29% of Recommendations.................................................................. 12
CONCLUSION.................................................................................................................................................... 14
BIBLIOGRAPHY ................................................................................................................................................. 15
APPENDICES ..................................................................................................................................................... 19
A - Status by Recommendation.................................................................................................................... 19
B - Summary of Inquiry Recommendations ................................................................................................. 20

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 So Much Left To Do: Status Report on the 62 Recommendations from the Phoenix Sinclair Inquiry
OFFICE OF THE CHILDREN’S ADVOCATE 2016

INTRODUCTION
On March 25, 2011, Manitoba’s Attorney General Andrew Swan announced that the Honourable Ted
Hughes would conduct an Inquiry to examine the circumstances surrounding the death of Phoenix Sinclair
(Manitoba, 2011b). The scope of the Inquiry was to examine the circumstances surrounding the death of
Phoenix Sinclair and, in particular, to inquire into:
(a) the child welfare services provided or not provided to Phoenix Sinclair and her family under The
Child and Family Services Act;
(b) any other circumstances, apart from the delivery of child welfare services, directly related to
the death of Phoenix Sinclair; and
(c) why the death of Phoenix Sinclair remained undiscovered for several months.
Commissioner Hughes was also directed to consider the findings and recommendations of six previous
reports and investigations that had emerged following the death of Phoenix Sinclair, including Strengthen
the Commitment: An External Review of the Child Welfare System (Hardy, Schibler, & Hamilton, 2006), Audit
of the Child and Family Services Division, Pre-devolution Child in Care Processes and Practices (Manitoba
Auditor General, 2006), “Honouring Their Spirits” The Child Death Review (Office of the Children’s Advocate,
2006a), and “Strengthening Our Youth” The Journey to Competence and Independence (Office of the
Children’s Advocate, 2006b). The additional two reports, completed by the Office of the Chief Medical
Examiner and the Office of the Children’s Advocate respectively, were specific to the services provided to
Phoenix Sinclair and her family, and were not publically released.
The Commission’s public hearings took place over a two year period, beginning on June 28, 2011, and
concluding July 30, 2013. The Commission’s final report, The Legacy of Phoenix Sinclair: Achieving the Best
for All Our Children (Hughes, 2013), was completed in December 2013 and was received by Manitoba
Justice on December 16, 2013 (Manitoba, 2013b).
In submitting 62 recommendations for change, Commissioner Hughes concluded (Hughes, 2013):
My hope is that the heart wrenching evidence I heard in Phase One of this inquiry will serve
as a catalyst to ensure that the recommendations that emerge from this report are
wholeheartedly embraced and implemented. The protection of children is a shared value of
the whole community. The public interest that this Inquiry has received encourages me in
the belief that achievement of the better protection of all Manitoba’s children, and
especially the most vulnerable, will be the true legacy of Phoenix Sinclair. (p. 35)
On January 31, 2014, as they released the final report of the Inquiry, the government offered a public
apology for the failure of the child welfare system to protect Phoenix Sinclair and the government
announced it would “immediately act” to implement the Inquiry’s recommendations (Manitoba, 2014a).
At that time, it was announced that government had initiated action on 31 of the recommendations, and
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 So Much Left To Do: Status Report on the 62 Recommendations from the Phoenix Sinclair Inquiry
OFFICE OF THE CHILDREN’S ADVOCATE 2016
that an implementation team (AMR Planning & Consulting) would be appointed for the remaining 31
recommendations. The implementation team was to report back to the Minister of Family Services by
September 3, 2014.
In January 2015, the implementation team submitted their final report, Options for Action, An
Implementation Report for The Legacy of Phoenix Sinclair: Achieving the Best for All Our Children, to the
Minister of Family Services (Manitoba, 2015a). This report contained information gathered by the
implementation team from their meetings with front-line service providers, families, Elders, community
agencies and organizations. The report identified “options for actions” that could be taken to implement or
respond to the remaining 31 recommendations.

PURPOSE OF REVIEW
On December 9, 2015, the Children’s Advocate notified the Minister of Family Services that a systemic
review was being initiated to ascertain progress made on implementing the 62 recommendations of the
final report of the Inquiry. The purpose of this review is not to evaluate the adequacy of the
implementation responses in meeting the intent of the recommendations, but rather to give a status
update on the planning and activities undertaken by government that would indicate progress was being
made toward implementation of each recommendation.
In January and February 2016, meetings occurred between the Office of the Children’s Advocate (OCA) and
representatives of Manitoba Family Services to discuss the systemic review and to begin the information
gathering process. Subsequent to these meetings, two written requests were made for all relevant
information pertaining to implementation analysis, as well as the planning and activities undertaken up to
and including March 31, 2016.1

METHODOLOGY
The methodology entailed a broad level scan of the implementation steps and corresponding documents
that indicated work was being performed on an individual recommendation. This status report is not an indepth review or assessment of how effectively each recommendation is being implemented, but rather it is
intended to be an overview of the government’s progress made to date.
To assess the progress, primary sources of information such as public documents (e.g., press releases,
reports, etc.) and subsequent documents supplied by the Department of Family Services, now known as the
Department of Families, were utilized. The documents provided by government included:

1

These requests were made to Manitoba Family Services on March 2 and April 8, 2016.

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 So Much Left To Do: Status Report on the 62 Recommendations from the Phoenix Sinclair Inquiry
OFFICE OF THE CHILDREN’S ADVOCATE 2016


4-Step Analysis Template and Detailed Implementation Plan Template (received January 20,
2016)



Implementation of the Phoenix Sinclair Inquiry Recommendations: Project Governance
document (received February 19, 2016)



Detailed Implementation Plans for 60 recommendations made in the Phoenix Sinclair
Inquiry (received March 18, 2016; April 18, 2016; and June 22, 2016)



Summary Update for 61 recommendations (received September 30, 2016)

Each supporting document was reviewed and evaluated based on relevance and completeness. Each
recommendation has been assessed on a 5-point scale; however, by the September 30, 2016, information
submission all 62 recommendations fell within one of the three categories listed below. 2

Status Definitions for Assessing Progress

2

ACTIVITY STATUS

DEFINITION

IN PROGRESS

The organization or working group responsible for
implementing the recommendation has reported that
activities beyond initial planning are underway, and
processes have been created to ensure full implementation
of the recommendation with associated timelines.

PENDING

The organization or working group responsible has reported
some limited planning, but there is no foreseeable timeline
of implementation at this time. This status would also apply
to situations where activities were previously occurring, and
are now on hold due to extenuating circumstances beyond
the organization or working group’s authority or control.

COMPLETE/
COMPLETE & ONGOING

The organization or working group responsible for
implementing the recommendation has reported that they
have taken all necessary steps to respond to the
recommendation and no further activity is required. In
some cases, initial implementation of the recommendation
has occurred, but activities will continue as an ongoing
feature.

The other two categories were ‘No Information Provided’ and ‘No Progress.’

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 So Much Left To Do: Status Report on the 62 Recommendations from the Phoenix Sinclair Inquiry
OFFICE OF THE CHILDREN’S ADVOCATE 2016

SUMMARY OF FINDINGS
In January 2016, the OCA was advised by the Department of Family Services that a project management
approach had been adopted to address the Inquiry recommendations. It was reported that a project
workgroup was established and began meeting in June 2015, with meetings continuing into the fall of 2015.
Initial activities of the project workgroup were to develop two templates with the input of the Child and
Family Services Division and the four Child and Family Services Authorities:
1) 4-Step Analysis Template
This template was used in reviewing each recommendation. Four critical steps/lenses were used to
assess the overall benefits, costs and additional considerations including:
i.
ii.
iii.
iv.

Outcome Analysis – Is the outcome desired and enough to cause change?
Financial/Operational Analysis – Is the cost of achieving that outcome favourable?
Policy Review – Does the recommendation require policy changes?
Legislative Review – Does the recommendation require legislative changes?

2) Detailed Implementation Plan Template
This template was used to gather information specific to each recommendation and includes the
following information:
i.
ii.
iii.

Implementation start date;
Assigned workgroup; and
Detailed implementation steps (i.e., implementation activity, activity lead, start date/end
date, and comments).

In February 2016, the OCA was provided with a copy of the governance structure for the project and was
further advised that as of fall 2015, the 4-step analysis had been completed for all 62 recommendations and
that all recommendations had been assigned to departments or working groups for the development of the
Detailed Implementation Plans (DIPs).
In March and April 2016, the OCA made written requests to the Department of Family Services for copies of
the completed 4-step analysis documents for all 62 recommendations and all completed DIPs indicating the
implementation activities completed up to March 31, 2016. On both occasions, the Department declined to
provide copies of the reported completed 4-step analysis documents, citing these as “internal documents”
used to inform the development of the DIPs. It was further stated that relevant information contained in
the 4-step analysis would be evident in the related DIPs provided. As the completed 4-step analysis
documents were not furnished in response to the information request, the OCA is unable to verify that this
work has been completed.

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 So Much Left To Do: Status Report on the 62 Recommendations from the Phoenix Sinclair Inquiry
OFFICE OF THE CHILDREN’S ADVOCATE 2016
On June 22, 2016, the OCA received a further submission of information from the Department of Families,
which contained all of the DIPs that had been outstanding as of April 2016. In an effort to be as complete as
possible, this information was accepted for review and included in a revised report on status of activities up
to March 31, 2016.
As part of the OCA’s commitment to administrative fairness, the Children’s Advocate met with the Minister
of Families to discuss the report on August 31, 2016. It was agreed at this meeting that one final update
would be accepted by the OCA to allow for status reporting on recommendation activities to be brought
more up-to date. This summary update was received on September 30, 2016.
It is important to note that in addition to reviewing the information supplied on request by the
government, the OCA also conducted a review of publically available information to determine whether
there was evidence to verify the information provided in the DIP prior to assigning an activity status.

Activity Status as of Sept. 30, 2016 (n=62)
35
31
30
25
18

20

13

15
10
5
0
In Progress

Complete/
Complete &
Ongoing

9

Pending

 So Much Left To Do: Status Report on the 62 Recommendations from the Phoenix Sinclair Inquiry
OFFICE OF THE CHILDREN’S ADVOCATE 2016

IN PROGRESS - 50% OF RECOMMENDATIONS
DIPs for 31 recommendations were determined by the OCA to be in progress.
Of these recommendations, nine of them were related to larger, community-wide strategic goals
identified in the following sections of the Phoenix Sinclair Inquiry report:
What Brings Families to Child Welfare
Prevention Based on Children’s Rights
Building Community Capacity
Importance of Early Childhood Education

Recommendations 49 & 52
Recommendation 54
Recommendations 55,56, 57 & 58
Recommendations 60 & 61

Two of the 31 recommendations were being addressed through the revision of existing Provincial
Standards or other existing policies. The standards and/or policies are in various stages of approval,
but the changes have not yet been deemed effective for use by CFS agencies. These include:
Recommendation 16 – Review of
Provincial Standard 1.1.2 Assessment and
establishing or revising of policies
Quality Assurance and Supervision

Recommendation 19 – Review of
Provincial Standard 1.1.6 Service
Completion and establishing or revising
policies

Fourteen of the 31 recommendations in progress were found to have ongoing activities
demonstrating work was occurring to address the recommendation. These include:
Differential Response: A New Model of Practice

Recommendations 2,3, 4, 6, 7 & 9

Devolution

Recommendation 11

Workload and its Impact on Service

Recommendations 12,13 & 14

Quality Assurance and Supervision

Recommendation 20

Sharing Investigative Reports

Recommendation 30 & 31

Supporting the Transition to Adulthood

Recommendation 34

Two of the 31 recommendations in progress were being primarily addressed through the CURAM for
Child Welfare Project. CURAM is an electronic software program that is being explored to replace the
existing child welfare information system composed of the Child and Family Services Information
System and the Intake Module.

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 So Much Left To Do: Status Report on the 62 Recommendations from the Phoenix Sinclair Inquiry
OFFICE OF THE CHILDREN’S ADVOCATE 2016
Information Systems

Recommendations 21 & 22

Two of the 31 recommendations in progress were being addressed through a referral to another
established committee for further discussion and work.
Education and Training of Child Welfare Workers

Recommendations 26 & 27

Of the remaining two recommendations determined by the OCA to be in progress:


One recommendation related to overarching CFS principles and was being addressed as part
of activities undertaken on other recommendations (Recommendation 1).



One recommendation related to review of previous and existing differential response projects
(Recommendation 25).

PENDING - 21% OF RECOMMENDATIONS
Thirteen recommendations were determined by the OCA to be pending. Of these recommendations,
all are related to the OCA section of the Phoenix Sinclair Inquiry report (Recommendations 36 – 48)
which called for an expansion and strengthening of the role of the Children’s Advocate in Manitoba.
Bill 25, The Children’s Advocate Act was introduced in the Manitoba Legislature in June 2015. A lack of
support among members of the legislature as well as numerous concerns about the proposed bill
caused the government to pull the bill in the fall of 2015.
Bill 16, The Children’s Advocate Act, was introduced in the Manitoba Legislature on December 3, 2015.
This updated bill was reported to address the recommendations related to expanding and
strengthening the role of the OCA as described in the final Inquiry report. This second bill did not pass
prior to the ending of the legislative session in March 2016, and thus no changes to the role of the
Children’s Advocate have occurred. With no further implementation activities being publically
announced, the recommendations addressed through this proposed legislation are deemed by the
OCA to remain pending.
Children’s Advocate

Recommendation 36 - 48

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 So Much Left To Do: Status Report on the 62 Recommendations from the Phoenix Sinclair Inquiry
OFFICE OF THE CHILDREN’S ADVOCATE 2016

COMPLETE/COMPLETE & ONGOING
- 29% OF RECOMMENDATIONS
There were 18 recommendations that were reported to be complete in the DIPs submitted to the
OCA, with ten of the 18 recommendations being deemed complete and ongoing as they will require
ongoing activity or maintenance. Based on a review of publically available information, the OCA has
included any verifiable reported activity or plan addressing these recommendations in the References
section of this report.

Differential Response:
A New Model of Practice

Devolution

Recommendation 5 – Deemed complete with a revision of
Provincial Standard 1.1.6 Service Completion.
Recommendation 8 – Deemed complete & ongoing as it is a
current requirement in the CFS system.
Recommendation 10 – Deemed complete & ongoing as it is
already an ongoing feature of Standing Committee.
Recommendation 15 – Deemed complete & ongoing as it is
already outlined in provincial standards.

Quality Assurance and Supervision

Recommendation 17 – Deemed complete as it is already a
policy requirement and outlined in provincial standards.
Recommendation 18 – Deemed complete as there is already
a provincial policy in place.
Recommendation 23 – Deemed complete & ongoing as a
directive was issued requiring use of current system.

Information Systems

Recommendation 24 – Deemed complete & ongoing as it is
already an ongoing feature of annual meetings between CFS
agencies and their authorities.
Recommendation 28 – Deemed complete & ongoing as it is
already an ongoing feature of Standing Committee.

Education and Training of Child
Welfare Workers

Recommendation 29 – Deemed complete & ongoing with
the development of a provincial training module/curriculum
for child welfare workers.

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 So Much Left To Do: Status Report on the 62 Recommendations from the Phoenix Sinclair Inquiry
OFFICE OF THE CHILDREN’S ADVOCATE 2016

Registration of Social Workers

Recommendations 32 & 33 – Deemed complete with
proclamation of The Social Work Profession Act on April 1,
2015.

Supporting the Transition to
Adulthood

Recommendation 35 – Deemed complete & ongoing with
the development of Provincial Standard 1.1.7 Preparing
Youth for Leaving Care and 1.1.8 Agreements with Young
Adults.
Recommendation 50 – Deemed complete & ongoing as
there is a five-year Memorandum of Understanding (MOU)
in place with Centre for Aboriginal Human Resource
Development (CAHRD)

What Brings Families to the Child
Welfare System

Recommendation 51 – Deemed complete. As of December
1, 2015, Employment and Income Assistance participants in
private rental situations had their shelter rates adjusted to
75% of median market rates.
Recommendation 53 – Deemed complete. Addressed
through placement of the issue of Aboriginal Children in
Care on the agenda for the summer 2014 Council of the
Federation meeting.
Recommendation 59 – Deemed complete. Information
provided indicates that this recommendation is already
addressed in Manitoba’s existing Early Childhood
Development Framework (Healthy Child, 2013) which
reflects the principle of proportionate universality.

Importance of Early Childhood
Education

Recommendation 62 – Deemed complete & ongoing. Of the
62 Inquiry recommendations, this recommendation was
found to have the most activities reported to be undertaken
toward implementation. Most notable was the
development of a new plan for Indigenous education (June
2015) and continued work in integrating Aboriginal
perspectives into curriculums as curriculum frameworks are
renewed.

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 So Much Left To Do: Status Report on the 62 Recommendations from the Phoenix Sinclair Inquiry
OFFICE OF THE CHILDREN’S ADVOCATE 2016

CONCLUSION
This status report comes almost three years after the public release of the Phoenix Sinclair Inquiry report in
January 2014. Since that time, there has been no publically released document that easily and readily
outlines the specific progress made towards implementation of the 62 recommendations that were
contained in The Legacy of Phoenix Sinclair: Achieving the Best for All Our Children. While there have been a
number of provincial news releases announcing actions or initiatives being taken that relate to
recommendations from the Phoenix Sinclair Inquiry, due to a lack of specificity it is essentially left to the
reader to make their own determination as to the recommendation(s) being addressed.
The Children’s Advocate found that 50% of the recommendations were in progress almost three years after
the public release of the Inquiry report. This review also found that 21% of the Inquiry’s recommendations
were not progressing at this time. These recommendations related to the OCA section of the Phoenix
Sinclair Inquiry. Bill 16, The Children’s Advocate Act introduced in the Manitoba Legislature on December 3,
2015, did not pass prior to the ending of the legislative session in March 2016, and thus no changes to the
role of the Advocate have occurred. With no further implementation activities being publically announced,
the recommendations addressed through this proposed legislation are deemed by the OCA to remain
pending. It is concerning that, based on submitted and verified information, only 29% of the
recommendations of the Phoenix Sinclair Inquiry were found to be complete or complete and ongoing as of
September 30, 2016. Interestingly, eight of the completed recommendations appear to have been
addressed through a review of existing policies and standards, and confirming that these already addressed
the recommendations.
In conclusion, the Children’s Advocate calls upon the Department of Families to regularly and publically
report on the status of implementation of the 62 recommendations contained in The Legacy of Phoenix
Sinclair: Achieving the Best for All Our Children, along with an explanation of the assigned implementation
status.

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 So Much Left To Do: Status Report on the 62 Recommendations from the Phoenix Sinclair Inquiry
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 So Much Left To Do: Status Report on the 62 Recommendations from the Phoenix Sinclair Inquiry
OFFICE OF THE CHILDREN’S ADVOCATE 2016
Manitoba. (2014b). Province Introduces Proposed Legislation that would Strengthen Protections for
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?item=36440&posted=2015-10-15
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news/?item=36930&posted=2015-12-02
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 So Much Left To Do: Status Report on the 62 Recommendations from the Phoenix Sinclair Inquiry
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Manitoba. (2015l). Province Introduces Proposed Legislation that would Strengthen Office of the Children’s
Advocate. Proposed Act Would Increase Independence of Children’s Advocate, Expand the
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Education Outcomes for Children in Care [News Release]. Retrieved from
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Recognition, Revitalization, Relevance, and Relationships and Reconciliation. Retrieved from
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 So Much Left To Do: Status Report on the 62 Recommendations from the Phoenix Sinclair Inquiry
OFFICE OF THE CHILDREN’S ADVOCATE 2016
Office of the Children’s Advocate. (2006b). “Strengthening Our Youth” Their journey to competence and
independence: A report on youth leaving Manitoba’s child welfare system. Retrieved from
http://www.childrensadvocate.mb.ca/wp-content/uploads/Strengthening-Our-Youth-Final2006.pdf

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APPENDICES
Appendix A

Status by Recommendation
Recommendation
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31

Status

Recommendation

In Progress
In Progress
In Progress
In Progress
Complete
In Progress
In Progress
Complete & Ongoing
In Progress
Complete & Ongoing
In Progress
In Progress
In Progress
In Progress
Complete & Ongoing
In Progress
Complete
Complete
In Progress
In Progress
In Progress
In Progress
Complete & Ongoing
Complete & Ongoing
In Progress
In Progress
In Progress
Complete & Ongoing
Complete & Ongoing
In Progress
In Progress

32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62

Status
Complete
Complete
In Progress
Complete & Ongoing
Pending
Pending
Pending
Pending
Pending
Pending
Pending
Pending
Pending
Pending
Pending
Pending
Pending
In Progress
Complete & Ongoing
Complete
In Progress
Complete
In Progress
In Progress
In Progress
In Progress
In Progress
Complete
In Progress
In Progress
Complete & Ongoing

Note: Recommendations are numbered as per the Recommendations Summary in Volume 1 of The Legacy of Phoenix
Sinclair: Achieving the Best for All Our Children (December 2013) report, pp. 37 – 51.

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 So Much Left To Do: Status Report on the 62 Recommendations from the Phoenix Sinclair Inquiry
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Appendix B

Summary of Inquiry Recommendations
Note: Recommendations are numbered as per the Recommendations Summary in Volume 1 of The Legacy
of Phoenix Sinclair: Achieving the Best for All Our Children (December 2013) report, pp. 37 – 51.
Recommendation 1: That the Province and the four child welfare Authorities, who are responsible for the
delivery of child welfare services, adhere to the following principles:
a) The key to supporting families and protecting children is offering early intervention through both
universal and targeted services, to prevent the vulnerability that leads to contact with the child
welfare system.
b) Child welfare services are provided on a continuum, focusing on protection in the face of an
immediate threat to a child’s safety but almost always working with a family enhancement
approach to keep children safe at home.
c) Once a family comes to the attention of the child welfare system, the children’s safety and wellbeing must be assessed; this means assessing both immediate and long-term risk of harm, including
chronic neglect, and it requires face-to-face contact.
d) Assessment tools must be used as an aid to, and not as a substitute for, the exercise of a worker’s
clinical judgment.
e) Assessment tools must be used in a way that takes into account a family’s cultural, social, and
economic circumstances.
f)

After an assessment of the child’s safety and well-being, and of the family’s strengths and needs,
the necessary and appropriate services, as determined by the assessment, must be available.

g) When a child has been found to be in need of protection, the goal of the child welfare system is to
prevent recurrence of maltreatment and resulting impairment. This should be done by child
welfare agencies acting on their own or in partnership with community-based organizations and
other government departments.
h) The goal of the child welfare system is to keep as many children safe at home as is possible.
Recommendation 2: That the Province ensure that the family enhancement services required to support
the differential response practice model are developed, coordinated, and made accessible, through
partnerships and collaboration among the child welfare system, and other departments, and communitybased organizations.
Recommendation 3: That All Nations Coordinated Response Network (ANCR)—whose role is triage and
delivery of short-term services—no longer provide family enhancement services but should transfer
families who need those services to a family services unit as soon as possible.
Recommendation 4: That every effort be made to provide continuity of service by ensuring that, to the
extent reasonably possible, the same worker provides services to a family throughout its involvement with
the child welfare system
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 So Much Left To Do: Status Report on the 62 Recommendations from the Phoenix Sinclair Inquiry
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Recommendation 5: That when responsibility for delivering services to a family is transferred from one
worker to another, those workers communicate orally with each other, to the extent possible, and either
record the conversation in the file, or document the reason why a conversation was not possible.
Recommendation 6: That agencies strive for greater transparency and information sharing with caregivers,
which may require changes to legislation.
Recommendation 7: That the Authorities enhance availability of voluntary early intervention services by
placing workers in schools, community centres, housing developments, and any other community facilities
where they would be easily accessible.
Recommendation 8: That all child welfare workers who are expected to make use of the SDM assessment
tools be trained on their proper use without delay.
Recommendation 9: That The Child and Family Services Act, Personal Health Information Act, Freedom of
Information and Protection of Privacy Act and any other legislation as may be necessary be amended to
allow service providers to share relevant information with each other and with parents (or caregivers) when
necessary for the protection, safety, or best interests of a child.
Recommendation 10: That the Standing Committee discuss as a regular agenda item, the programs and
policies being implemented by each Authority to determine those that can be adapted more broadly, in a
culturally appropriate manner.
Recommendation 11: That the Standing Committee issue annual reports of its work to the Minister for
tabling in the legislature and for concurrent release to the public.
Recommendation 12: That all ongoing services to families should be delivered on the basis of 20 cases per
worker.
Recommendation 13: That the Authorities and agencies explore ways to reduce administrative burdens on
social workers through the better use of technology and administrative staff.
Recommendation 14: That each Authority designate staff who are available both during the day and after
hours, to support the work of social workers by locating individuals through investigative means, and
serving court documents as necessary.
Recommendation 15: That CFS supervisors, social workers, and family support workers be required to
keep complete and accurate records of all involvement with children and families, including records of all
services they deliver, copies of any communications related to their involvement, and notes related to all
contacts.
Recommendation 16: That when an agency engages a consultant, such as a medical professional, in the
course of delivering services to a family, it must obtain a written report from the consultant and retain it in
the relevant file.

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 So Much Left To Do: Status Report on the 62 Recommendations from the Phoenix Sinclair Inquiry
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Recommendation 17: That ANCR and all designated intake agencies throughout the province ensure that
records are made and retained with respect to every telephone call received by the agency, regardless of
whether a file is already open.
Recommendation 18: That an appropriate policy be developed by the Authorities to govern the retention
of records made by agency personnel.
Recommendation 19: That the Authorities each develop and implement a supervision policy including
provisions that:
a) articulate that the primary function of supervision is to ensure compliance with best practice;
b) require that supervisors prepare written reports of supervision meetings with workers, with copies
retained in the appropriate case file;
c) stipulate that before approving the transfer or closing of a file, the supervisor must document the
reason for approving the decision; and
d) require annual performance reviews to be conducted by a worker’s direct supervisor using an
objective set of articulated criteria, developed in consultation with agency staff.
Recommendation 20: That the Authorities each perform and publish annual composite reviews of the wellbeing of children who are receiving services from their agencies, or have received services within the past
12 months, whether in or out of care.
Recommendation 21: That the Department complete its solution-scoping phase for the replacement of
CFSIS within the current fiscal year and proceed with implementation without delay.
Recommendation 22: That the new information management system be capable of:
a) interfacing with other government systems including Employment Insurance, Education, and
Health;
b) keeping track of all children receiving protection services, as well all children in care;
c) using alert features to flag those known by the system to pose a significant risk to children; and,
d) efficient file recording, for example through the use of electronic dictation equipment and voice
recognition, or direct entry using a computer, tablet, or other portable device.
Recommendation 23: All agencies must be required to use whatever information system is adopted.
Recommendation 24: The Department must ensure that all agencies have access to its information system,
either through direct connectivity, or where that is not possible, through alternative means such as
telephone access to an agency that has that capability.
Recommendation 25: That the Authorities be funded to a level that supports the differential response
approach, including:
a) Funding to allow agencies to meet the caseload ratio of 20 cases per worker for all family services
workers;
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 So Much Left To Do: Status Report on the 62 Recommendations from the Phoenix Sinclair Inquiry
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b) Increasing the $1,300 fund for family enhancement services to a reasonable level, especially for
families who are particularly vulnerable, many of whom are Aboriginal; and
c) Determination of the amount of necessary funding after meaningful consultation between agencies
and the Authorities, and between the Authorities and government, after agencies have reasonably
assessed their needs.
Recommendation 26: That a Bachelor of Social Work or equivalent degree, as recognized by the proposed
Manitoba College of Social Workers, be required of all social workers hired by agencies to deliver services
under the Act.
Recommendation 27: That a concerted effort be made to encourage Aboriginal people to enter the social
work profession, by promoting social work as a career choice and supporting educational institutions in
removing barriers to education through access programs and other initiatives.
Recommendation 28: That the four Authorities share information about their training programs, and share
materials so that successful training tools, techniques, and programs can be adapted and implemented
more broadly.
Recommendation 29: That workers be specifically trained on the multi-generational impacts of residential
schools and on the role of poverty, poor housing, substance abuse and other social and economic factors in
assessments of child neglect.
Recommendation 30: That the Director share with the relevant Authority the findings and
Recommendations of the report of any investigation with respect to the welfare of any child dealt with
under section 4(2)(c) of The Child and Family Services Act and that the Authority share those with agencies,
to be shared with staff.
Recommendation 31: That all four Authorities ensure that the findings and recommendations in this
report are shared and discussed with all child welfare staff and management.
Recommendation 32: That the transitional board established under s. 77 of The Social Work Profession Act
complete its work and report to the Minister by no later than June 30, 2014.
Recommendation 33: That the Social Work Profession Act be:
a) amended to require that anyone who practises social work in Manitoba, under whatever title, be
registered by the Manitoba College of Social Workers; and
b) proclaimed into law at the earliest possible date, following receipt of the report of the transitional
board.
Recommendation 34: That The Child and Family Services Act be amended to allow for extension of services
to any child who at the age of majority was receiving services under the Act, up to age 25.
Recommendation 35: That a program be implemented to ensure that children who have been receiving
services under the Act have available to them an individual social worker to coordinate services and ensure
that they receive the necessary support for a successful transition into the community.
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 So Much Left To Do: Status Report on the 62 Recommendations from the Phoenix Sinclair Inquiry
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Recommendation 36: That the position of a Manitoba Representative for Children and Youth be
established under its own legislation, titled The Representative for Children and Youth Act, with these
features:
a) status as an Officer of the Legislature, with the same independence afforded to the Ombudsman
and Auditor General;
b) a mandate to advocate not only for children in the child welfare system, but for all children and
youth in the province who are receiving or are eligible to receive any publicly funded service;
c) responsibility to review not only deaths, but also critical injuries to any child in care and any child
who had been involved with child welfare during the previous year; and
d) authority to make special reports to the Legislative Assembly where considered necessary,
including reports on compliance with recommendations made previously by the Representative
under the Act, such special reports to be delivered to the Speaker and the Standing Committee on
Children and Youth.
Recommendation 37: That the Representative be appointed by a resolution of the Legislative Assembly, on
the unanimous recommendation of the Standing Committee on Children and Youth following a search for a
suitable candidate. In making its recommendation, the Committee must be required by the Act to consider
the skills, qualifications, and experience of the candidate, including the candidate’s understanding of the
lives of Aboriginal children and families in Manitoba.
Recommendation 38: That the Representative for Children and Youth be appointed for a five-year term
with an option for a second term, but no one should serve in the position beyond 10 years.
Recommendation 39: That a Deputy Representative be appointed by the Representative for Children and
Youth.
Recommendation 40: That a Standing Committee on Children and Youth be established as a standing
committee of the Legislature, and the Representative be required to report to it at least annually and to
discuss special reports, and on other appropriate occasions.
Recommendation 41: That the Representative be required to prepare:
a) an annual service plan, with a statement of goals and specific objectives and performance
measures, and
b) an annual report including a report on the Representative’s work with Aboriginal children and
families and with others, and comparing results for the preceding year with the expected results set
out in the service plan.
Recommendation 42: That all annual reports, special reports, and service plans are to be made public,
following delivery to the Speaker for placement before the Legislative Assembly and the Standing
Committee on Children and Youth.
Recommendation 43: That in the hiring of all new staff for the Office of the Representative, except those
filling clerical roles, consideration be given to an applicant’s understanding of the lives of Aboriginal
children and families in Manitoba.
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 So Much Left To Do: Status Report on the 62 Recommendations from the Phoenix Sinclair Inquiry
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Recommendation 44: That at the end of the term of the current Children’s Advocate, an acting Children’s
Advocate be appointed, pending enactment of new legislation to create a Representative for Children and
Youth. If any amendment to existing legislation is required to make that possible, that should be done now.
Recommendation 45: That the new Act contain provisions similar to the following, which are contained in
Section 6(1) of the Representative for Children and Youth Act of British Columbia:
6(1) The Representative is responsible for performing the following functions in accordance with this Act:
(a) support, assist, inform and advise children and their families respecting designated services, which
activities include, without limitation,
i.
ii.
iii.

providing information and advice to children and their families about how to effectively access
designated services and how to become effective self-advocates with respect to those services,
advocating on behalf of a child receiving or eligible to receive a designated service, and
supporting, promoting in communities and commenting publicly on advocacy services for
children and their families with respect to designated services;

(a.1) support, assist, inform and advise young adults and their families respecting prescribed services
and programs, which activities include, without limitation,
i.

ii.
iii.

providing information and advice to young adults and their families about how to effectively
access prescribed services and programs and how to become effective self- advocates with
respect to those services and programs,
advocating on behalf of a young adult receiving or eligible to receive a prescribed service or
program, and
supporting, promoting in communities and commenting publicly on advocacy services for
young adults and their families with respect to prescribed services and programs;

(b) review, investigate, and report on the critical injuries and deaths of children as set out in Part 4;
(c) perform any other prescribed functions;
Recommendation 46: That in drafting the new legislation, reference be made to British Columbia’s
Representative for Children and Youth Act to ascertain whether provisions other than those addressed in
the above recommendations are suitable for inclusion.
Recommendation 47: That the responsibility of the Ombudsman with respect to special investigation
reports be removed.
Recommendation 48: That a public awareness campaign be undertaken to inform the public about the
expanded mandate and role of the Representative for Children and Youth.
Recommendation 49: That the Province take the lead to work in concert with the federal and municipal
governments, First Nations, and the private sector to develop further strategies to increase availability of a
variety of affordable housing, including incentives and supports for landlords, developers, and communitybased housing associations.
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 So Much Left To Do: Status Report on the 62 Recommendations from the Phoenix Sinclair Inquiry
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Recommendation 50: That the Province closely examine the 2009 report, The View From Here: Manitobans
Call for a Poverty Reduction Plan, with a view to implementing the outstanding recommendations, paying
particular attention to the area of adult education.
Recommendation 51: That social assistance housing allowances be increased to at least 75% of the median
market rate.
Recommendation 52: That supports for families transitioning from First Nation communities to urban
centres be expanded and enhanced. To this end, Manitoba should collaborate with First Nations and other
levels of government.
Recommendation 53: That at the next meeting of the Council of the Federation (the Premiers of Canada’s
ten provinces and three territories), the Premier of Manitoba request placement on the agenda and the
opportunity to speak to the unacceptably disproportionate number of Aboriginal children taken into care
by child welfare authorities across Canada in comparison to non-Aboriginal children. Further, that if given
the opportunity to speak to the matter, the Premier of Manitoba outline the severity and seriousness of the
problem and the consequences for all of us, but particularly for Aboriginal children and families, if allowed
to continue unabated; and that he explore whether collectively his colleagues are of a mind to take steps in
search of a solution and a process for implementation of that solution over time.
Recommendation 54: That the Province amend The Healthy Child Manitoba Act to reflect the rights
entrenched in the United Nations Convention on the Rights of the Child, in a manner similar to Alberta’s
Children First Act, stipulating that the well-being of children is paramount in the provision of all government
services affecting children.
Recommendation 55: That the capacity of community-based organizations be enhanced by provision of
sustained long-term funding to allow for delivery of holistic services, with particular emphasis on support
for Aboriginal-led organizations and programs that promote cultural identity within Aboriginal
communities.
Recommendation 56: That a legislated committee, functioning under the provisions of The Healthy Child
Manitoba Act (in its present or amended form) be charged with:
a) coordinating the services provided for children and families, between community-based
organizations and government departments; and
b) allocating government funding to those community-based organizations, following meaningful and
inclusive consultation. It is understood that funding from the private sector and other levels of
government will continue to play an important role, as it has done, in supporting these
organizations;
and that the composition of this committee mirror the committee described by s. 21(3) of The Healthy Child
Manitoba Act, which reflects Manitoba’s various regions and cultural diversity and includes representatives
of the community and recognized experts.

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 So Much Left To Do: Status Report on the 62 Recommendations from the Phoenix Sinclair Inquiry
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Recommendation 57: That child welfare agencies accommodate reasonable requests by parents or other
caregivers and children and youth for participation of an individual they identify as a support in their
dealings with the child welfare system.
Recommendation 58: That child welfare agencies meet regularly with community-based organizations that
serve their clients, to discuss how they can best work together to meet the community’s needs.
Recommendation 59: That the Healthy Child Committee of Cabinet consider and recommend for
legislative action a framework for the delivery of early childhood development programs with the following
characteristics:
a)
b)
c)
d)

voluntary but universally available;
offering a place where children regularly attend to learn with other children;
staffed by trained educators who follow a defined curriculum; and
Involving parents.

Recommendation 60: The legislative framework for delivery of early childhood development programs
should also provide for establishment of integrated service delivery centres to provide a range of services in
addition to early childhood education, including public health, employment and income assistance, housing,
child welfare, and adult education. These integrated service centers should be located in existing
infrastructures such as schools or facilities that house community-based organizations.
Recommendation 61: That government funding to support integrated service delivery centres be
allocated, following meaningful and inclusive consultation, by a committee that mirrors the committee
described by s. 21(3) of The Healthy Child Manitoba Act and reflects Manitoba’s various regions and
cultural diversity, including representatives of the community and recognized experts.
Recommendation 62: That Aboriginal culture and history, including the history of colonization and the
impact of residential schools, be integrated into the provincial curriculum, including early childhood
education and extending through elementary and secondary school.

27

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