Frequently Asked Questions (FAQs) and Definitions
What is an Indigenous Governing Body (IGB)?
According to the federal act (An Act respecting First Nations, Inuit and Métis children, youth and families), an Indigenous Governing Body is a council, government or other entity that is authorized to act on behalf of an Indigenous group, community, or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982.
What is an Indigenous Service Provider?
As set out in Manitoba’s Child and Family Services Act, an Indigenous Service Provider is a person or organization that provides child and family services under Indigenous law. An Indigenous service provider will generally be created and operate under the authority of an Indigenous governing body.
Which communities have their law in force in Manitoba?
Canada maintains a national repository of Section 20 notices received by Indigenous Services Canada.
What is Section 12 notice?
This refers to Section 12 notices under the federal act. An Indigenous Governing Body will provide notice to a province or service provider that they are acting on behalf of an Indigenous government. Following this notice CFS service providers must provide notice of significant measures pertaining to a child, to the child’s parent and the care provider, as well as to the Indigenous government that acts on behalf of the Indigenous group.
Manitoba maintains a directory of contact information for notices of significant measure which is updated quarterly.
What is Section 20(1) notice?
Under Section 20(1) of the federal act, an Indigenous government may provide notice of intent to exercise legislative authority to the provincial and federal governments. This signals to Manitoba and Canada that the Indigenous government is taking steps towards assuming jurisdiction over child and family services.
What is Section 20(2) notice?
Under Section 20(2) of the federal act, an Indigenous government may provide notice to the provincial and federal governments of its intent to enter into a Coordination Agreement.
What is the role of the provincial Child and Family Services system in regards to Indigenous children?
If an Indigenous Governing Body’s law is in force
Once an Indigenous law is in force, provincial child and family services law no longer applies to members of that Indigenous government. Families with an open file in the provincial child and family services system will be transferred to the Indigenous service provider.
Coordination agreements are established in order to prevent service disruption and maintain the safety of children.
In specific cases, an Indigenous government may choose to continue to have their children in the provincial system while they develop capacity. This would be discussed while negotiating a coordination agreement.
If an Indigenous Governing Body’s law is not in force
If an Indigenous Governing Body’s law is not yet in force, services continue to be provided by a provincial CFS agency.
It is important to note that provincial CFS agencies also have specific obligations when providing services to Indigenous children.
I work for a CFS Agency. Can I share information with Indigenous Service Providers?
Yes. In 2022, Section 76 of the provincial CFS Act was amended to allow information sharing with Indigenous Service Providers.
Provincial agencies are authorized to share case specific information with corresponding Indigenous Service Providers. Provincial agencies are also required 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 been amended to allow for:
- Indigenous Service Providers to access information about children and families receiving child and family services
- Authorization of the transfer of service responsibility
- Enabling Indigenous Service Providers to enter into an agreement to have access to the provincial child welfare system information system
- Allowing Indigenous Service Providers access to the provincial Child Abuse Registry and the ability to enter a name for entry to the registry.
What is an “Alternate Decision Maker”?
An Alternate Decision Maker is a person other than a parent or guardian who has been confirmed in writing to be responsible for making decisions about a child. This confirmation can come from either:
- an Indigenous Service Provider as defined in The Child and Family Services Act, or
- a child and family services agency in accordance with section 15.1 of The Child and Family Services Act.
I work in the provincial health or education system. How does this affect me?
If you work in the provincial health or education system, a key thing to remember is that ‘legal guardianship’ may look different in the future. Due to changes to provincial law that are now in effect, an alternate decision maker may be authorized to make decisions about a child, even though they are not the legal guardian.
The Alternate Decision Maker’s authority is legally valid and should be respected unless there are serious concerns about the best interest of the child.
If you have any questions about specific situations, please contact IJTOADM@gov.mb.ca.