BC changes legislation to give Indigenous people more jurisdiction of child-welfare laws

On Wednesday, the province announced changes to legislation that will give Indigenous people jurisdiction over their own child and family services.

The proposed amendments to the Child, Family and Community Service Act and Adoption Act will make BC the first province in Canada to recognize this jurisdiction under provincial legislation.

“This is a pivotal shift toward real and meaningful change that respects Indigenous rights and improves services and supports for Indigenous children, youth and families,” said Premier John Horgan.

When the legislation is passed it will support Indigenous people in reestablishing, developing and exercising child-welfare laws for their community members, as outlined by the UN Declaration on the Rights of Indigenous Peoples.

The changes will support communities in recreating their own models for child and family service delivery, including family support, child protection and adoption services.

Once the amendments are passed, four Indigenous Governing Bodies will assume jurisdiction over child-welfare services. This will include the Cowichan Tribes, Gwa’sala-‘Nakwaxda’xw Nations, Splatsin First Nation and Sts’ailes First Nation.

“The colonial era of the Province controlling child welfare must come to an end — and this legislation cannot be passed soon enough,” said Grand Chief Stewart Phillip, Union of BC Indian Chiefs, in a news release.

In the press release, the province explains these amendments will remove barriers and further address and reduce the disproportionate number of Indigenous children in provincial care.

“The forced removal of children for generations, through residential schools and the child-welfare system has been a deep source of pain and injustice. Today, that era comes to an end in British Columbia,” stated Regional Chief Terry Teegee, BC Assembly of First Nations.

The Ministry of Children and Family Development says Indigenous children comprise 10% of the general population but represent nearly 70% of the children in provincial care.

“We know that the current child-welfare system is a continuation of harmful colonial practices, and the solution is to re-assert jurisdiction over their children, youth and families in accordance with their customs, traditions and Indigenous laws,” said Mitzi Dean, minister of children and family development.

According to the press release, the amendments will also establish a new Indigenous child-welfare director position in the ministry to provide guidance and advice to the Child, Family and Community Service Act directors.

The proposed amendments will:

• recognize that the Child, Family and Community Service Act (CFCSA) must be administered and interpreted in accordance with Indigenous communities’ inherent right of self-government with respect to child and family services
• enable IGBs to assume jurisdiction over child-welfare services provided to an Indigenous child in accordance with Indigenous laws
• strengthen collaboration and enable consent-based decision making with Indigenous communities on adoption placements for Indigenous children
• ensure that both Treaty First Nations and non-Treaty First Nations have opportunities to exercise jurisdiction in these area
• enable information sharing between the Province and IGBs to help IGBs plan for and exercise jurisdiction
• establish a new Indigenous child-welfare director position in the Ministry of Children and Family Development to provide guidance and advice to CFCSA directors and their delegates in navigating a multi-jurisdictional child and family services model
• enable joint and consent-based agreements to be made in accordance with the Declaration on the Rights of Indigenous Peoples Act for relevant powers under the Adoption Act and the CFCSA.