I Am a Kokum and I Want to Raise My Grandchildren — What Does BC Law Say?
Grandmothers have always been central to the raising of children in Indigenous communities. BC law and Bill C-92 recognize this role. Here is how to formally assert your right to care for your grandchildren through the child welfare system.
Your role as kokum is recognized in law. Bill C-92 requires MCFD to consider Indigenous customs and traditions in child placement — including the central role grandmothers hold in many nations. Assert your interest in writing immediately, request to be assessed as a kinship caregiver, and name your cultural role explicitly in your application.
In many Indigenous nations, grandmothers — kokum in Cree, and named differently in each language — are the central figures in raising children. This is not a preference or a custom. It is how children have been raised, protected, and connected to their identity for generations.
BC law and Bill C-92 recognize this.
Naming your cultural role explicitly
When you contact MCFD to apply as a kinship caregiver, do not just say “I am the grandmother and I want to care for the children.” Say: “I am the kokum. In our culture and family, grandmothers are the primary caregivers for grandchildren. This is a recognized practice in our nation and it is protected under Bill C-92’s cultural continuity provisions.”
Your cultural role is legally relevant. Name it.
What MCFD will assess
MCFD will conduct a home study. They are looking for:
- A safe physical environment for the children
- Your capacity to meet the children’s daily needs
- Your relationship with the children
- Your support network
If you have health limitations or are older, name your support network clearly — the family members, community members, or helpers who are part of your caregiving system. Many Indigenous caregiving arrangements are collective, not individual. Present yours that way.
Bill C-92 and cultural placement rights
Bill C-92 requires that placement decisions for Indigenous children consider the cultural practices of the child’s specific community. If grandmother-led child-rearing is a practice in your nation, that context is directly relevant to MCFD’s placement decision and to any court that reviews it.
Ask your nation’s cultural coordinator or Elders’ council to provide a letter or statement supporting your application that speaks to this cultural context.
Guardianship as an alternative
If MCFD involvement feels inappropriate or you want a more direct legal path, you can apply to BC Supreme Court for guardianship of your grandchildren. Guardianship establishes your legal authority without requiring ongoing MCFD oversight. A family lawyer can advise you on which path is better for your specific situation.
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 BC law recognize the role of grandmothers in Indigenous child-rearing?
- Bill C-92 specifically recognizes Indigenous customs, traditions, and practices in child-rearing — which in many nations includes the central role of grandmothers. When assessing kinship placements, MCFD must consider the cultural norms of the child's specific community, including the role grandmothers traditionally hold.
- What if I am elderly or have health issues — will MCFD reject my application?
- Age and health are assessed in context. MCFD looks at whether you have the capacity to meet the children's needs, not whether you meet an abstract standard of physical fitness. Many older grandmothers are approved as kinship caregivers. If you have a support network that helps with physical caregiving, name those people in your application.
- Can I apply for legal guardianship of my grandchildren instead of going through MCFD?
- Yes. In some circumstances, you can apply to BC Supreme Court for a guardianship order that establishes your legal role without MCFD as the ongoing authority. This is a different legal route from kinship foster care. A family lawyer can advise you on whether guardianship is a better fit for your situation.
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