Information for Provincial Service Providers

Notices of Significant Measure

Section 12 Directory

Provincial Child and Family Services Agencies and Indigenous Service Providers

Once an Indigenous government begins providing services to its members through their Indigenous Service Provider, all provincial agencies providing child and family services to that nation’s members will need to transfer those families over to the Indigenous Service Provider.

More information for provincial service providers is available regarding application of The federal act in Manitoba and Frequently Asked Questions.

Legislative Changes

To support the transition of Child and Family Services to Indigenous governments, Manitoba has amended applicable laws. Some of the major changes are:

Information sharing with Indigenous governments

In 2022, the provincial Child and Family Services Act was amended to allow information sharing with Indigenous Service Providers.

Under Section 76 of the Child and Family Services Act, provincial child and family services agencies are authorized to share case-specific information with Indigenous Service Providers established under Indigenous child and family services laws, as well as Indigenous governments planning to exercise jurisdiction. Provincial agencies are also authorized to share notices of significant measures once an Indigenous Government has provided Section 12 notice under the federal act.

Manitoba’s Child and Family Services Act has also been amended to:

• Allow Indigenous governing bodies and service providers to access information about children and families receiving child and family services
• Authorize the transfer of responsibility for a case to an Indigenous Service Provider
• Enable Indigenous service providers to enter into an agreement to have access to the provincial child welfare information system
• Allow Indigenous service providers access to the provincial Child Abuse Registry and the ability to propose a name for entry to the registry.

Integration of National Principles

In June 2023, the principles of the federal act were integrated into Manitoba’s Child and Family Services Act. This means that all decisions made by child and family services agencies must be informed by an expanded principle of best interests of the child, as well as the principles of substantive equality and Indigenous cultural continuity.

New service delivery principles also outline the importance of emphasizing preventative care, prenatal care, and placement priorities based on family and community connections.

Alternate custody arrangements and Alternate Decision Maker

The Manitoba Child and Family Services Act now includes additional kinds of arrangements, including Customary Care, Kinship Care, and Voluntary Care. These agreements are intended to promote extended family and community providing care for children when their parents or guardians are not in a position to provide that care.

In certain situations, a Child and Family Services Agency in consultation with parents, may grant decision-making power to someone who has close ties to the family or community. In other words, a person who regularly looks after the child could have the ability to make certain decisions, even though they are not the parent or legal guardian. This person will be known as an Alternate Decision Maker.

Amendments have been made to other provincial act to recognize the concept of an “Alternate Decision Maker”. This includes:

• The Freedom of Information and Protection of Privacy Act
• The Personal Health Information Act
• The Public Health Act
• The Public Schools Act

For the health sector:

An alternate decision maker as set out in Section 15.1 of the Child and Family Services Act is empowered to make any decisions that a parent or legal guardian would under applicable provincial health law.

The health sector may require the use of a particular form when verifying if an alternate decision maker is authorized.

For the education sector:

The definition of resident pupil has been updated in The Public Schools Act to include pupils who become residents due to an Indigenous law. This may include situations where a pupil lives with an alternate decision maker or another arrangement.

The education sector may require the use of a particular form when verifying if an alternate decision maker is authorized.