5.A.80 Transition for Student Care or Probation

Safe Schools

 

 

Administrative Procedure: Transition for Students in Care or on Probation

 

EFFECTIVE DATE:

May 25, 2005

 

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ADMINISTRATIVE PROCEDURE CODE:

5.A.80

AMENDED DATE:

August 31, 2016

Policy Reference

 

 

Legal Reference

 

 

 

 

 




















The goal of education in the Border Land School Division is to provide all students with appropriate programming in the most enabling learning environment. The provision of this appropriate programming requires school personnel, the foster parents, and the agency workers to plan collaboratively for an appropriate school program prior to the student’s school entry.

 

Transition Procedure

When welcoming children from other school divisions or within school division

  • When social agencies register students from other divisions, schools should follow the processes outlined below:
  • All the records of the student have been received.
  • A determination can be made regarding the appropriateness of the placement of the student in a Border Land School Division school.

     

    The principal of the school concerned and the Superintendent shall make that determination.

     

    Students on Probation

     

    The goal of education in Border Land School Division is to provide appropriate programming for all students. When a student who is on probation with the justice system registers at a school, the following shall occur:

     

  • The student shall meet with the principal and shall be accompanied by his/her parent/guardian and probation officer prior to admission. If the probation officer is not able to attend, phone contact shall still be made.
  • The terms of the probation order shall be shared.
  • A plan for school success will be established.

     

    When a student currently enrolled in a school receives a probation order that requires school attendance, the following shall occur:

     

  • The parent/guardian of the student shall inform the principal of the probation order.
  • The student, parent/guardian, and the probation officer will provide the information related to the probation order to the principal.
  • A plan will be developed to assist the student in successfully completing the school related sections of the probation order.
  • Educational programming may not to be unduly delayed (Manitoba Regulation 155/05). ‘A school board must ensure that a pupil is not denied educational programming in the following circumstances: (a) for more than 14 days after the pupil seeks to be enrolled in a school within the division or district, regardless of whether that school has received the pupil’s pupil file; (b) pending, (i) the conduct of any assessment, or (ii) the preparation of any individual education plan for the pupil
  • The social service agency responsible for the child will complete the SCHOOL REGISTRATION FORM: in Education and Child and Family Services Protocol for Children and Youth in Care, 2013, pp. 24-26 (May 2013) .See: http://www.gov.mb.ca/healthychild/publications/protocol_form.pdf

    The registration form should be signed by the agency exec director.

  • The school and the social service agency together will arrange a school intake meeting. People can attend in person, via Skype or telephone. Foster parents and the Legal Guardian responsible for the child will attend this meeting.The expectations at this meeting are outlined in the checklist of intake meeting Children and Youth in Care: Support Resources Companion Document, 2013, pp. 19-21 at http://www.gov.mb.ca/healthychild/publications/protocol_youthcare_comp.pdf

    The information is also provided in Power School and should be entered into PowerSchool as part of the intake process.

  • Confirm the date the child will start school, which must be within 14 calendar days of arriving at school, per Manitoba Regulation 155/05 S. 7(1)
  • Assign responsibilities among members of the child’s school team, including who welcomes the child or youth to his or her new school and assists the child or youth in developing a sense of belonging (see ‘Strategies to Support Children and Youth in Care in the School Environment – Quick Reference for School Staff’ http://www.gov.mb.ca/healthychild/publications/protocol_youthcare_comp.pdf
  • Ensure that the intake information is entered in Power School by a member of the school based team.
  • Part of the transition into school is to understand the nature of the child’s placement in CFS (ie Voluntary Placement Agreement, Voluntary Surrender of Guardianship by parents, Support beyond termination of guardianship, Child under Apprehension, Temporary order of Guardianship, or Permanent Order of Guardianship) Ensure the nature of each child’s placement is recorded in Power School. (See page 8 of http://www.gov.mb.ca/healthychild/publications/protocol_youthcare_comp.pdf

          and pages 10-11 of

    http://www.gov.mb.ca/healthychild/publications/protocol_youthcare.pdf

  • When a child in care has exceptionalities, the Student Services Manager will support the transition process according to provincial protocols.
  • If required, complete the Special Needs Categorical Funding Levels 2 & 3 Transfer Notification Form, p. 24 athttp://www.gov.mb.ca/healthychild/publications/protocol_youthcare_comp.pdf

     

    Welcoming Students to School

     

    To ensure the transition is smooth, school staff will introduce and support the student in connecting to peers and teachers.

     

    Students with Exceptionalities

     

    When a student has special needs:

    • The staff engages in a process with the child, foster parents, and legal guardians to get to know the student, support the transition into school, and initiate the student specific planning process.
    • The school and agency workers will collaborate with all necessary supports to develop, monitor, and implement the programming for the new home and learning environments.
    • The school shall ensure that a minimum of four collaborative meetings occur each year with the child/youth’s team members

      Transitioning Children in Care Out of School

      It is important that Children in Care are provided supports to transition out of school. The collaborative team, including the school and agency, need to work together to ensure that transition planning is developed and followed.

      See the Collaborative Planning and Information Sharing Checklists in the APPENDIX of this section for details in planning transitions between schools or changes in living arrangements for Children in Care.

       

      For Children in Care with exceptional needs, the school and the legal guardian need to collaboratively follow the Healthy Child Manitoba protocol: Bridging to Adulthood: A Protocol for Transitioning Students with Exceptional Needs from School to Community (March 2008). See the website: http://www.gov.mb.ca/healthychild/publications/protocol_swsn.pdf.

       

      As students enter high school, they must begin to plan for their options in life after high school. The goal is to help partners coordinate the transition for students with exceptional needs who require supports from the provincial government and its agencies after leaving school. This includes students with mental, learning, physical and psychiatric disabilities, persons with spinal cord injuries and persons with a visual disability or who are Deaf or hard of hearing. The transition planning process facilitates timely access to available adult supports.

       

      To establish appropriate timelines for transitions, see pages 10-13 in the protocol document. http://www.gov.mb.ca/healthychild/publications/protocol_swsn.pdf 

       

      To ensure schools are meeting all of the transition expectations, see the Transition Case Checklist – Appendix C, pages 43-45 of the protocol document.  http://www.gov.mb.ca/healthychild/publications/protocol_swsn.pdf

       

      In BLSD, transitions for students with exceptional needs are planned using the PATH or MAP processes. The resource teachers coordinate the PATH/MAP process in consultation with the Student Services Coordinator.

    • Admission of Student Expelled from Another Jurisdiction

      A student who has been expelled from school in another division shall not be admitted to any Border Land School Division school until:


 

APPENDIX

 

 

 5 Definition and Scope of Children and Youth Receiving Child Welfare Services (from Reporting of Child Protection and Child Abuse: Handbook and Protocols for Manitoba Service Providers – pages 10-11; pages 19-24)

 

5.1 Administration of Child and Family Services

 

Under The Child and Family Services Authorities Act, four Child and Family Services Authorities manage child and family services throughout Manitoba. They are:

• General Child and Family Services Authority

• First Nations of Southern Manitoba Child and Family Services Authority (Southern First Nations Network of Care),

• First Nations of Northern Manitoba Child and Family Services Authority,

• Metis Child and Family Services Authority

 

Each of the CFS Authorities mandates and oversees one or more of the CFS agencies/ regions. The agencies/regions provide services to children and families as prescribed under The Child and Family Services Authorities Act, The Child and Family Services Act and The Adoption Act. Children and families can have varied agreements, legal statuses and support relationships within the child welfare system.3 Families could include, but are not limited to, birth families, extended family, non-familial (caregivers), etc.

 

The Child and Family Services (CFS) worker/ agency/region staff person is appointed and delegated to provide services under The Child and Family Services Act.

 

Involvement with Child Welfare:

 

Where a child cannot be safely maintained in the family home an agency will apprehend the child and place them in care. In some cases a child may be returned to, or remain in the family home under conditions set out in a supervision order. An agency remains involved with the child and family to monitor conditions and ensure safety. In some circumstances, children living with their family may be receiving voluntary services/supports from the CFS system to aid in strengthening the family and improving the well being of children. These children are not in care and the parents remain the legal guardian. In some situations families may choose to involve CFS in school meetings while others may prefer to keep their relationship with CFS confidential. CFS would only be involved with the school system with the parents' express permission.

 

Voluntary Agreements:

 

Voluntary Placement Agreement (VPA) — an agreement entered into between a parent/guardian and a Child and Family Services agency/region to allow for temporary placement of the child. The parent/guardian retains guardianship of the child (section 14).

 

Voluntary Surrender of Guardianship (VSG) by parents — Upon signing this document, the rights and obligations of the parent/guardian surrendering guardianship with respect to the child are terminated. The status is equivalent to a permanent order of guardianship (section i 6).

 

Support beyond termination of guardianship (Extension of Care) —Though the agency/region's legal responsibility for a child in care ends for all children in care when they turn 18, for former permanent wards, care and maintenance may continue to be provided until that child turns 21. Where possible youth are encouraged to participate to the level they are capable of (section 5o).

 

Mandated Involvement with Child Welfare:

 

Child Under Apprehension. Under Section 21(1) of the Act, the director, a representative of an agency or a peace officer who on reasonable and probable grounds believes that a child is in need of protection, may apprehend the child without a warrant and take the child to a place of safety where the child may be detained for examination and temporary care and be dealt with in accordance with the provisions of the Child Protection part of the Act. Under S. 260) an apprehended child may be left with or returned to the person in whose charge the child is and the agency must notify that person that an application respecting the child will be made to court pursuant to the provisions of the Child Protection part of the Act.

 

Under S. 26(3) where an agency is to go to court (i.e., for a protection hearing regarding an application) to determine if a child is need of protection, whether the child is in a place of safety, or left with or returned to the person in whose charge the child was under S. 260), such children are deemed to be under apprehension pending a protection hearing. Children in care who are deemed to be in need of protection may also be apprehended per S. 22(1).

 

When a child is under apprehension, 5.25(i), an agency (a) is responsible for the child's care, maintenance, education and well-being; (b) may authorize a medical examination of the child where the consent of a parent or guardian would otherwise be required; and (c) may authorize the provision of medical or dental treatment for the child if (i) the treatment is recommended by a duly qualified medical practitioner or dentist, (ii) the consent of a parent or guardian of the child would otherwise be required, and (iii) no parent or guardian of the child is available to consent to the treatment. Notwithstanding clause (i)(6) or (c), S. 25(2) directs that if the child is 16 years of age or older, an agency shall not authorize a medical examination under clause (i) (b) or medical or dental treatment under clause (1)(c) without the consent of the child.

 

Temporary Order of Guardianship — a court has made an order granting a Child and Family Services agency/region temporary guardianship of a child. Temporary guardianship is in effect for a specified period of time. It can be renewed, or if the child can be safely returned to their guardian, it can be withdrawn or allowed to terminate (section 38).

 

Permanent Order of Guardianship — a court has made an order granting a Child and Family Services agency/region permanent guardianship of the child (section 38).

 

 

7 Collaborative Planning and Information Sharing Checklist:

Change in School

 

The checklists in section 7 and Section 8 outline the roles and responsibilities recommended to enhance information-sharing and planning for children and youth in care who are experiencing a transition:

 

• Section 7: transition to a different school

• Section 8: change in living arrangements.