'Circle of support' formed to help Indigenous mother reunite with children

A group of people in Waterloo Region has formed a "circle of support" for an Indigenous woman to win back legal custody ofher children.They believe by providing her with the resources she needs, they will facilitate a "creative" way for her to reunite with her family.

• Canadian foster care in crisis, experts say
• 'Living death': Study suggests having kids in foster care bad for mothers

"It is, in a way, creative, becauseit's not a solution that's often usedby the systems, such as the child welfare system," said Wendy Newbery, an independent facilitator with Bridges to Belonging andmember of the circle.

Due to a publication ban, theCBCis unable to identify the mother by her real name and therefore has provided her with thepseudonym Jennifer.

When I got the decision, I had about a 5-to-10minute emotional breakdown- Jennifer

Jennifer, who said she comes from theQalipuFirst Nation Band in Newfoundland,is appealing a decision made by the Ontario Court of Justice, ruling her three children be permanently placed in the Canadianfoster system last month. She believes her children were unjustly apprehended.

"When I got the decision, I had about a 5-to-10minute emotional breakdown," she toldCBCNews.

"After that, I just went into fierce mama-bear mode and I'm just moving forward with everythingbecause my kids are better off with me, than ...where they are," she said.

Long line of court battles

It's been a long series of court appearances, legal proceedings and bureaucratic paper work for Jennifer.She said her children were apprehended in 2013, whenshe originally called Family and Children Services of the Waterloo Region (FACS)because she neededsupport with house work.

"I was a single momandmy three-year-old had bowel issuesso it was kind of tricky on potty-training," she said.

• Youth homelessness linked to foster care system in new study

"We were going to pediatricians. He was constipated to the point where he didn't realize he was going and because of all the behavioural issues... the house kind of got neglected."

Later on, Jennifer said the agency temporary apprehended her children because it found her house to be "unsanitary."

"It wasn't that bad," she toldCBCNews. "It was messybecause I was a single mom."

'It was not a parenting assessment'

Four months later, a parenting capacity assessment was ordered and according to Jennifer, the test didn't adequately assess herability to parent.

"It was more of an IQ [test] - they wanted me to spell words, to read certain sentences" she toldCBCNews. "Honestly in my opinion, it was not a parenting assessment."

They wanted me to spell words, to read certain sentences- Jennifer

Jennifer said a doctor came to one of her supervised visits to evaluate her for an hour and a half.

"At that time, I bought chicken nuggets and french fries for dinner and he put down that we didn't use utensils," shesaid.

"It's chicken nuggets and fries, I didn't think we needed utensils for that."

She said the psychologist stated that she prioritizesher needs before the needs of her children's, and that she is ill-equipped to parent.

"That's what they're basing it on till this day still," she explained toCBCNews.

FACSrefused to comment on any specifics of the case to maintain confidentiality and respect the publication ban. But in an interview withCBCNews, Karen Spencer, the executive director of Family and Children's Services (FACS) of Waterloo Region, said parenting capacity assessments are ordered by the court and conducted by registered psychologists.

"That psychologist who is doing this assessment would also have to meet requirements of the court to be deemed an expert, to be able to do this type of assessment," she said.

"It is a fairlyrigorousassessment where the psychologist would review our records, would speak to our staff, would speak to our parents, would speak to the children, and often would speak to other agencies who are involved with the children," said Spencer.

A 'creative' proposal

Jennifer's "circle of support, which consists of seven people, have been meeting atErbStreetMennonite Church in Waterlooto "check-in" with her weekly since April last year.

It is an organic community kind of support- Wendy Newbery

The members supervise visits with her childrenandhelpher with legal meetings.

"It is an organic community kind of support,"Newberysaid.

Newberysaid members of the circle were moved and attractedby Jennifer's "story and determination," sothey offered a proposal to the courts, saying they would support the reunification of her family.

"We have a group of seven community members who have each agreed to check-in with Jennifer daily, ifher children are returned to her," she said.

Another member of the circle isDougHatlem, aco-pastor at the church.He said there's been a tradition of hosting "circles"among Indigenous groups and the Mennonite Central Committee.

"The circles of support and accountability...have meant to walk with people until they die, sometimes for decades. We have that type of experience around that circle here," he said.

HatlemcalledJennifer an "excellent"motherand said she didn't deserve to have her children apprehended.

"There's been an injustice done. She reached out for help," he said.

"A good community, a good nation would've given her the help she needed so she'll be able to keep her kids, rather than immediately removing them."

Hatlemsaid the circle will support Jennifer for as long as she needs

"Till the children are grown, or even more if needed," said Hatlem.

Newberysaid circle members are equipped with "a wonderful blend of skills and ability," including specialtyin early childhood education and Indigenous knowledge.

"It's quite an eclectic group of resource people," said Newbery.

"Knowing that she can speak to anyone in the circle about her concerns, knowing we support her voice, has probably helped her to feel much more grounded."

Cultural connection

BrentBalmeris a lawyer representing Jennifer. He said he can't comment on the specific details of this case because of the publication ban.

But he said, a "community," such as a circle of support, can help an individual and the Children's Aid Society negotiate a plan that benefits all parties, even if that planis limited by the "blunt instrumentof the court."

There's a history of people being cut off from their community and the support that the community can provide- Brent Balmer

"In particular, in the Aboriginal context, if they can get some support from their community which is culturally appropriate.. then the hope is that the partieswould be able to work together andcome up with a plan so that their children can be safe and be connected with their community," he said."Ideally that's what happens."

• Indigenous child welfare rates creating 'humanitarian crisis' in Canada, says federal minister

Balmersaid it's important for the Children's Aid Society to "be flexible" in "these types of situations."

"People get in trouble because they're disconnected, they don't have supports. They don't have people they can turn to," he said.

"In the Aboriginal community that's a concern because there's a history of people being cut off from their community and the support that the community can provide," saidBalmer.

• Indigenous children lose cultural connection in child welfare system

The idea of the circle of support was first proposed to by an Indigenous senior, who Jennifer met at Healing of the Seven Generations.

Appealing the ruling

Jennifer said she's appealing the court decision andfiled her appeal papers last month.

"I'm appealing the Crown ward decision, there's no question about that," she said. "Even my youngest... he says she wants to come home with me."

Spencer, from FACS, said all parents have the right to an appeal.

"It's really unfortunate that there are times when we can't agree on what the outcome should be for children. Having said that, we always strive to work co-operatively with parents," she said.

"First and foremost, that's what we always want to do."