Foster Care Reform in Saskatchewan: Putting Children First Act and Child Welfare Legislation Changes

Saskatchewan's child welfare system is in a period of active legislative reform. For current and prospective foster parents, understanding what's changing — and what it means for the day-to-day reality of fostering — is more than academic. These changes affect who is covered, how services are delivered, and what role Indigenous communities play in the care of their children.

The Putting Children First Initiative

The "Putting Children First" initiative launched in 2024 as a formal review of Saskatchewan's child welfare legislation, specifically the Child and Family Services Act (CFSA). The review was driven by longstanding concerns — documented in successive SACY annual reports, raised by First Nations organizations, and amplified by recurring public attention to the failures of the system.

The core legislative changes that emerged include:

Extended definition of "child": Prior to the 2024 amendment, the definition of "child" under the CFSA had age-range inconsistencies that left some older adolescents without full coverage. The amendment standardized the definition to include any individual under 18, ensuring the protection framework applies to all youth in that age range without gaps.

Strengthened family preservation mandate: Section 3 of the Act was reinforced to more explicitly prioritize "least disruptive" interventions. The intent is to move the system's center of gravity from apprehension toward prevention — keeping families together where safe, and using out-of-home care as a last resort rather than a first response.

Enhanced prevention services: The reforms included investment in earlier intervention programming, attempting to address the conditions that lead to apprehension before a child reaches crisis. Whether this investment translates to measurable reduction in entries into care is subject to ongoing monitoring.

Bill C-92: The Federal Framework That Changes Everything

Separate from provincial legislative changes, the federal Bill C-92 — "An Act respecting First Nations, Inuit and Métis children, youth and families" — was affirmed as constitutionally valid by the Supreme Court of Canada in February 2024. This is arguably the more significant shift.

Bill C-92 establishes national minimum standards for the care of Indigenous children and, critically, recognizes the inherent right of Indigenous communities to exercise jurisdiction over their own child and family services. This means that in parts of Saskatchewan, provincial law may be superseded by Indigenous law when they conflict.

What this means in practice for foster parents:

• The long-term trajectory of Saskatchewan's system is toward Indigenous governing bodies taking increasing control over child welfare decisions for their community members
• For children from First Nations or Métis communities who enter provincial care, the delegated agency (of which Saskatchewan has 17+) will play an increasingly authoritative role — not just as a service provider, but as a governance body
• "Coordination Agreements" between the federal government, the province, and Indigenous Governing Bodies (like Cowessess First Nation) are being negotiated and will define how jurisdiction is exercised in specific communities

For a non-Indigenous foster parent caring for an Indigenous child, this shift means the cultural planning obligations that already exist under provincial law are becoming even more central. The legal expectation of cultural continuity — supporting the child's connection to their First Nation, language, and community — is not optional, and it's backed by increasingly robust federal law.

What's Changed for Foster Families Directly

The cultural planning obligation is stronger. Under both provincial law and the Bill C-92 framework, foster parents of Indigenous children are required to actively maintain the child's cultural connections. This is documented in the Care Plan and reviewed at every Care Plan meeting.

Prevention emphasis changes placement patterns. As prevention services improve (assuming the funding materializes), fewer children should be entering care for reasons that are fundamentally about poverty rather than safety risk. This may, over time, shift the profile of children in foster care toward those with more complex needs.

First Nations agencies have more authority. If you're fostering a child whose First Nation has an active Coordination Agreement, you may find that the First Nations agency worker has more decision-making authority than in the past. This is by design. Working cooperatively with these agencies — rather than viewing them as bureaucratic interference — is both legally required and practically important for the child.

What Hasn't Changed

The core requirements for becoming a foster parent — background checks, home study, PRIDE training, financial stability, home safety standards — remain unchanged by the 2024 reforms. The legislative changes affect the system's goals and the distribution of authority, not the basic qualification criteria for individual caregivers.

The shortage of licensed foster homes also remains unchanged. Saskatchewan still has approximately 462 approved homes against the needs of thousands of children in care. Legislative reform at the systemic level does not resolve the immediate shortage of willing, qualified families.

Staying Current

Child welfare legislation evolves. The SACY annual reports, the SFFA Advisor newsletter, and direct communication with your regional MSS office are the best sources for understanding how legislative changes translate into practice in your specific region.

The Saskatchewan Foster Care Guide reflects the current legislative framework and will be updated as significant changes take effect. It covers the interaction between provincial and Indigenous jurisdiction in plain language, including how to navigate working with both MSS workers and First Nations agency caseworkers on the same case.

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