MCFD Wants to Place My Children With a Non-Indigenous Family — Can I Stop This?

Indigenous children have specific legal protections regarding cultural placements under both BC and federal law. Here is what you can do when MCFD proposes a placement that does not reflect your children's cultural identity.

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Both BC law and Bill C-92 establish a clear placement hierarchy for Indigenous children — family first, then community members, then Indigenous families, and non-Indigenous families as a documented last resort. MCFD must show in writing why each higher-priority option was not available. If they cannot, they are not following the law.

When MCFD proposes a non-Indigenous placement for your children, they are required by both provincial and federal law to justify why that decision was made. That requirement is not a formality — it is a legal obligation with a documented process.

The placement hierarchy in law

BC’s Child, Family and Community Service Act and Bill C-92 (An Act respecting First Nations, Inuit and Métis children, youth and families) both establish a hierarchy for the placement of Indigenous children:

A family member or extended family member
A member of the child’s Indigenous community, group, or people
Another Indigenous person
A non-Indigenous family — only when no other option is available

Moving to step 4 requires documented evidence that steps 1, 2, and 3 were genuinely explored and were not available.

What to ask MCFD immediately

When a non-Indigenous placement is proposed, ask in writing:

Who specifically was contacted from my family and extended family about placement?
What community members or community organizations were contacted?
What documentation exists of these contacts?
Why was each option rejected?

If MCFD cannot answer these questions in writing, they likely did not complete the required process.

Getting your nation involved

Your First Nation has rights under Bill C-92 to be notified and involved when one of their members’ children enters the child welfare system. Contact your band office or nation’s family services coordinator immediately and ask them to assert their involvement formally.

Nations can intervene in placements, advocate for community-based options, and in some cases exercise jurisdiction under Bill C-92.

IFISC certification as a standard

When advocating for a different placement, you can request specifically that any placement being considered be IFISC certified or demonstrate compliance with the seven IFISC pillars. This gives MCFD a concrete standard to meet rather than a vague cultural preference to balance.

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 require MCFD to place Indigenous children with Indigenous families?

Yes. BC's Child, Family and Community Service Act and federal Bill C-92 both establish a hierarchy for Indigenous children's placements: first with a family member, then with a member of the child's Indigenous community, then with another Indigenous family, and only then with a non-Indigenous family if no other option is available. MCFD must document why higher-priority placements were not possible.

What is the placement hierarchy under Bill C-92?

Bill C-92 establishes that when an Indigenous child must be placed outside their home, placement priority goes to: (1) a family member or extended family member, (2) a member of the child's Indigenous community or group, (3) another Indigenous person. Placement with a non-Indigenous family is the last resort and must be documented.

What can I do if MCFD places my child with a non-Indigenous family without explaining why?

Request written documentation of how each higher-priority placement option was explored and why it was rejected. If MCFD cannot produce this documentation, they have likely failed to follow the required placement hierarchy. Raise this with your lawyer and with your First Nation immediately.

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