Highlights
Last year, over 90% of Indigenous children who needed protection were able to return to living safely with their families after receiving supports — including culturally specific services such as access to Knowledge Keepers, cultural ceremonies and Elder-led healing.
Although the overrepresentation of Indigenous children and youth in care is still unacceptable and there is still much work to be done, the number of Indigenous children and youth in care has decreased to the lowest number in over 20 years.
Bill 38/2022 Indigenous Self-Government in Child and Family Services Amendment Act:
In collaboration with Indigenous partners, B.C. amended the Child, Family and Community Service Act to remove barriers for Indigenous Peoples exercising jurisdiction over child and family services, becoming the first province in Canada to expressly recognize within provincial legislation Indigenous Peoples’ inherent right to self-government over child and family services. The Act is a turning point that provides a path to end the overinvolvement of the Ministry of Children and Family Development (MCFD) in the lives of Indigenous families. In addition to setting out a pathway for Indigenous Peoples to exercise legal jurisdiction over child and family services, the amendments create a new Indigenous Child Welfare Director position within MCFD; provide for greater information sharing with Indigenous communities exercising or planning to exercise jurisdiction; and provide for greater involvement of Indigenous communities in child and family services through agreements with the Province. Amendments to the Adoption Act strengthen collaboration with Indigenous communities and consent-based decision making with Indigenous governing bodies on adoption placements and adoption for Indigenous children who are in the care of MCFD.
First Signed Co-ordination Agreement:
Splatsin, B.C. and Canada signed the first tripartite co-ordination agreement in B.C. to ensure that Splatsin can effectively exercise their inherent right of self-government including jurisdiction in relation to child and family services for their children and families. This agreement supports the ongoing exercise of Splatsin’s jurisdiction of their Child, Family and Community Services under Spallumcheen Indian Band Bylaw #3-1980 and Secwépemc law.
First Signed Co-created Child Welfare Agreement:
Simpcw First Nation and B.C. signed the province’s first co-created child welfare agreement. The Simpcw First Nation now has its unique practices, customs, laws, language and traditions integrated into the Tcwesétmentem: Walking Together Agreement, the first of its kind in B.C. This agreement will inform child welfare decision making and ensure the Simpcw First Nation is involved in the protection, planning and placement of Simpcw children and youth who come into contact with the child welfare system.
Youth Transitions:
Since 2022, the following Youth Transitions programs/supports have been implemented:
- Ensuring young adults can stay in their homes until age 21 with Temporary Support and Housing Agreements (TSA/THA) (Spring 2022)
- Additional flexibility for Agreements with Young Adults (AYA) life-skills programming (Spring 2022)
- A no-limit earnings exemption (Summer 2022)
- Launch of the Rent Supplements Program (Fall 2022)
- Second Intake of Rent Supplements Program (Spring 2023)
- New transition workers have begun to be available on Vancouver Island and in the North
- Duration of AYAs increased to 84 months (Spring 2023)
- Increased flexibility to move from a THA to a TSA (Spring 2023)
- Increases to, and expansion of, dental and medical benefits (Spring 2023)
Healthy Connections Through Culture Program: This program supports Indigenous youth through cultural and community connections and provides funding to support Indigenous youth involved or at risk of involvement with the youth justice system, including those transitioning into adulthood. Foster Parent Recruitment campaign: MCFD is building a new recruitment campaign, designed to recruit more foster parents and out-of-care providers as long-time foster parents retire.
Indicators
- Percentage of funding increased: MCFD increased support for “out-of-care caregivers”, often referred to as Kinship caregivers, by more than 70% to harmonize their rates with foster caregiver rates. Service rates, the additional payments that caregivers receive for supporting children or youth with increased needs, have also increased this year by nearly 30%. Respite and relief care has increased up to 36%.
- Implementation project underway: In 2022, MCFD began implementing the Enhanced Out-of-Care program. This program enables children and youth living with moderate to significant support needs to reside with extended family or people known to them and supports fewer children and youth being brought into care, residing in foster homes or in specialized homes.
- Legislation amendment: Legislative amendments to the Child, Family and Community Service Act were drafted and are expected to be introduced in May 2023. These legislative amendments are intended to expand eligibility and services available to young adults with government care experience to better support them as they transition to adulthood.
How are we working together?
Over two thirds of Bill 38 came into force in 2022. The Ministry is working with Indigenous partners to develop regulations and policies needed to bring into force the remaining clauses of Bill 38. This includes engagement on changes to court processes to support the full exercise of jurisdiction, developing the Indigenous Child Welfare Director role, expanded information sharing and consent for adoption of Indigenous children. MCFD is also engaging on a fiscal framework to support Indigenous communities providing services to their children and families and expanded the suite of supports and services for young adults under youth transitions.
Are there challenges?
Sufficient capacity is required to ensure rights holders can co-develop Bill 38 regulations, collaborate on the engagement approach for the fiscal framework, schedule and provide regular input on transformational initiatives and have sufficient time to report to their communities.