My Sister's Children Were Removed by MCFD — How Can Our Family Get Custody?
When a sibling's children are removed, extended family members can apply to be kinship caregivers. Here is how to navigate the process, what MCFD will assess, and how to act quickly enough to prevent placement with strangers.
Contact MCFD today to offer yourself as a kinship caregiver for your nieces or nephews. As extended family, you have priority in the placement hierarchy over strangers. Act immediately — the longer children are in non-family placement, the more disruption moving them later creates.
When your sister’s or brother’s children are removed, the instinct to step up is natural — and legally supported. Here is how to act on it effectively.
Act the same day
Call or email the MCFD worker responsible for your nieces’ or nephews’ case today. Say clearly: “I am [child’s] aunt/uncle and I am available to care for them. I want to be assessed as a kinship caregiver.” Get your contact information to MCFD in writing.
The placement hierarchy under Bill C-92 prioritizes family members — but MCFD needs to know you exist and are willing. Your proactive contact matters.
What MCFD will assess
MCFD will conduct a home study that includes:
- A check of your home for safety and adequate space
- Criminal record checks for all adults in your home
- References — people who can speak to your character and your relationship with the children
- Interviews about your capacity to care for the children
- Your relationship with the children and with the parent
Being a family member who has a positive, stable relationship with the children is your strongest asset in this assessment.
Coordinating within the family
If multiple family members are willing to be caregivers, coordinate who will apply. MCFD prefers to work with one primary applicant. Talk within the family and decide together who is in the best position — considering housing, work schedule, the children’s existing relationships, and proximity to where the children go to school or were living.
Your role as a support to your sibling
Becoming your nieces’ or nephews’ kinship caregiver does not mean choosing sides against your sibling. The goal — keeping children in the family while the parent works on their reunification plan — is something you can support together.
Be clear with MCFD that your role is to maintain family connection, facilitate visits, and support the reunification goal. Kinship caregivers who support parental contact tend to have better outcomes for the children in their care and are viewed positively by courts.
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
- Can I apply to care for my nieces or nephews if they have been removed from my sibling?
- Yes. As an extended family member, you are a priority in the placement hierarchy under both BC law and Bill C-92. You can apply to MCFD as a kinship caregiver. Contact MCFD immediately to formally offer yourself — do not wait for them to contact you.
- What if I have my own children — will that affect my ability to take my nieces or nephews?
- Having your own children does not disqualify you. MCFD will assess whether your home has the capacity to safely include your nieces or nephews — space, resources, your ability to manage the combined family. Having an existing family is common among kinship caregivers and is not a barrier.
- What if my sibling does not want me involved in their children's care?
- This is a complex situation. Your sibling retains parental rights during a temporary custody order, and their preferences are relevant. However, the legal standard is the children's best interests — not the parent's preference about extended family. If a family placement is in the children's best interests, a court can approve it even if the parent objects.
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