Reducing the number of Indigenous children in care

The Government of Canada has co-developed, with Indigenous peoples, provinces and territories, new legislation to reduce the number of Indigenous children and youth in care and improve child and family services.

On July 7 the Assembly of First Nations and Government of Canada signed a protocol co-developed by both organizations to establish a new structure to support discussions on the implementation of the Act respecting First Nations, Inuit and Métis children, youth and families .

About the act

Co-developed with Indigenous, provincial and territorial partners, the act:

• affirms the rights of First Nations, Inuit and Métis peoples to exercise jurisdiction over child and family services
• establishes national principles such as the best interests of the child, cultural continuity and substantive equality
• contributes to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples
• provides an opportunity for Indigenous peoples to choose their own solutions for their children and families

On June 21, 2019, the Act respecting First Nations, Inuit and Métis children, youth and families became an official law, and on January 1, 2020, its provisions came into force.

What did the act change?

Indigenous groups who wish to do so can design and deliver child and family services solutions that best suit their needs. Just as the act was co-developed with our partners, we will continue to work with them through the transition and implementation phases of the act.

As of January 1, 2020:

• Indigenous groups who have developed their own legislation will have 2 options to exercise jurisdiction under the act.
• Every service provider delivering child and family services to Indigenous children and families will need to follow the minimum standards found in the act.
• Existing agencies will continue to provide services to Indigenous children.
• Agreements related to existing delegated agencies will remain valid unless the parties decide otherwise.
• Indigenous groups that choose to exercise their jurisdiction could continue working with delegated agencies or could create their own delivery service models.
• The act provides that agreements such as treaties and self-government agreements in relation to child and family services between Indigenous groups and federal, provincial, or territorial governments that predate the coming-into-force of the act prevail in case of conflict.
• To facilitate the work of those providing child and family services, information will be posted on the Indigenous Services Canada (ISC) website related to notices of intent, coordination agreements and Indigenous laws as they are made available: Notices and requests related to An Act respecting First Nations, Inuit and Métis children, youth and families .

ISC will continue to work with Indigenous groups who wish to exercise their jurisdiction as they decide which option they prefer to use.

To access a list of service providers consult the First Nations Child and Family Services interactive map.

The Repository for notices under section 12 lists contact information for Indigenous governing bodies who have informed ISC directly that they are authorized by an Indigenous group, community or people to receive notice from service providers.

Information on Canada's approach concerning the implementation of the act is currently being updated following feedback received from partners. Please contact us if you have any questions or concerns.

Co-development of federal legislation on Indigenous child and family services

During the summer and fall of 2018, the Government of Canada engaged with national, regional and community organizations representing First Nations, Inuit and Métis as well as Treaty Nations, self-governing First Nations and Inuit, provinces and territories, experts and people with lived experience, including Elders, youth and women. 65 engagement sessions were held across the country, with nearly 2,000 participants. These sessions were part of the co-development of legislation that contributes to comprehensive reform of Indigenous child and family services.