Can My First Nation Intervene in My Child Welfare Case Under Bill C-92?
Bill C-92 gives First Nations, Inuit, and Métis governing bodies the right to be involved in child welfare matters concerning their members — and in some cases, to exercise jurisdiction over them entirely. Here is what that means and how to trigger it.
Yes — Bill C-92 gives your First Nation the right to be involved in child welfare matters concerning your children, and in some cases to exercise jurisdiction under their own laws. Contact your band office immediately and ask them to formally assert involvement. This is a legal right, not a request for a favour.
Bill C-92 represents a fundamental shift in who has authority over the welfare of Indigenous children in Canada. Understanding what it provides — and how to activate it — is one of the most important things a family can do.
What Bill C-92 actually gives First Nations
Bill C-92 (An Act respecting First Nations, Inuit and Métis children, youth and families) establishes that:
- Indigenous governing bodies have the inherent right to exercise jurisdiction over child and family services for their members
- They must be notified when a member’s child is involved in child welfare proceedings
- They have the right to participate in those proceedings
- If they have enacted their own child welfare laws (or enter a coordination agreement with provincial and federal governments), those laws can take precedence over provincial legislation
What this means for your family
If your nation has passed child welfare legislation or a coordination agreement, MCFD’s authority over your children may be limited or superseded by your nation’s own laws. This varies significantly by nation — some are in early stages, others have formal legislation in place.
Even without formal legislation, your nation has the right to:
- Receive notice of your child’s involvement in the child welfare system
- Participate formally in case conferences and court proceedings
- Advocate for placement, services, and outcomes that reflect your community’s values
- Present cultural context that MCFD or a court should consider
How to activate your nation’s involvement
- Contact your band office today — ask for the family services coordinator or band manager
- Explain the situation clearly and ask the nation to formally assert their involvement with MCFD
- Ask them to send a written notice to MCFD’s regional director
- Ask what child welfare legislation or coordination agreements your nation has in place
If MCFD did not notify your nation
Under Bill C-92, MCFD is required to notify your nation when your child enters the child welfare system. If this did not happen, your lawyer can raise it with the court. A failure to notify is a procedural breach that courts take seriously.
If you are an Indigenous family navigating child welfare in BC and need peer support, contact KFT-Families Society at [email protected], call Lori at 604-512-3266, or visit keeping-families-together.com. IFISC operates weekly peer support circles, connects families with culturally grounded resources, and provides guidance to parents at every stage of the child welfare process — at no cost.
Frequently asked questions
- What does 'jurisdiction' under Bill C-92 mean for child welfare?
- Bill C-92 allows Indigenous governing bodies to pass their own child and family services laws, which can take precedence over provincial legislation including BC's Child, Family and Community Service Act. A First Nation that has enacted its own child welfare law and given notice to the federal and provincial governments can apply that law to their members' children.
- Does my First Nation need to have passed child welfare legislation to intervene?
- No. Even without formal child welfare legislation, your First Nation has the right to be notified of proceedings involving your child, to participate in those proceedings, and to advocate for culturally appropriate placement and services. Formal legislation gives stronger authority, but involvement rights exist regardless.
- How do I get my First Nation to formally assert involvement in my case?
- Contact your band office and ask to speak with the family services coordinator or band manager. Explain that your child is involved in child welfare proceedings and ask the nation to formally notify MCFD of their involvement. A letter from your nation's leadership to MCFD carries formal legal weight.
KFT-Families Society
You do not have to navigate this alone.
IFISC is operated by KFT-Families Society, an Indigenous-led nonprofit founded by people who have navigated the child welfare system firsthand. We run weekly peer support circles and connect families with culturally grounded resources across BC. Reach out — no paperwork, no waitlist.
[email protected] · keeping-families-together.com