How Do I Get My First Nation Involved in My Child Welfare Case?
Under Bill C-92, your First Nation has specific rights to be notified and involved when a member's child enters the child welfare system. Here is how to trigger that involvement and what it can mean for your case.
Bill C-92 gives your First Nation the right to be notified and involved when your child enters the child welfare system. MCFD is required to notify your nation. Contact your band's family services coordinator directly and ask them to formally assert involvement — do not wait for MCFD to facilitate this connection.
Your First Nation is not a passive observer in your child welfare case. Under Canadian law, they have the right to be at the table.
What Bill C-92 provides
Bill C-92 (An Act respecting First Nations, Inuit and Métis children, youth and families) establishes several rights for Indigenous governing bodies when a member’s child enters the child welfare system:
- The right to be notified of child welfare proceedings involving their members’ children
- The right to participate in those proceedings
- The ability to assert jurisdiction and apply their own child welfare laws if they have developed them
These rights exist regardless of whether your nation is on-reserve or urban. Indigenous identity — not geography — determines the right.
How to get your nation involved
Contact your band office or First Nation’s family services coordinator directly. Tell them:
- Your name and band membership number
- That your child is in MCFD care or that an investigation is underway
- That you are requesting the nation formally assert its involvement in the proceedings
Follow up in writing. Ask the nation to contact MCFD formally, to provide cultural context to the court if proceedings are underway, and to advocate for culturally appropriate placement and services.
If MCFD did not notify your nation
Ask your MCFD worker in writing: “When was my nation notified of this child welfare matter?” If they cannot confirm notification occurred, this is a procedural breach that your lawyer should raise.
Courts take Bill C-92 notification requirements seriously. A failure to notify can affect how the court views MCFD’s conduct of the case.
What nation involvement can change
When a First Nation actively participates in a child welfare case, the cultural context of your family is brought into the proceedings formally. Cultural placements become more accessible. Cultural support resources become more available. And the court hears from your community directly — not only from MCFD.
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
- Does MCFD have to notify my First Nation when my child enters care?
- Under Bill C-92, MCFD must notify an Indigenous child's Indigenous governing body (their First Nation, Inuit community, or Métis government) when the child is the subject of a child welfare investigation or proceeding. Notification must occur within a reasonable time. If your nation was not notified, your lawyer can raise this as a procedural breach.
- What can my First Nation actually do in my child welfare case?
- Your First Nation can be an active participant in proceedings — presenting information to MCFD and to courts, advocating for specific placements or conditions, and in some cases exercising jurisdiction under Bill C-92 to apply their own child welfare laws. At minimum, they can provide cultural context, community support, and advocacy that strengthens your position.
- What if my First Nation is not responding or says they can't help?
- Nations vary significantly in their capacity and willingness to engage in child welfare matters. If your nation is not responsive, contact your tribal council, your regional Indigenous organization, or the BC Association of Aboriginal Friendship Centres (bcaafc.com) for additional advocacy support. You can also ask MCFD what they did to notify your nation.
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