Indigenous Foster Care in New Brunswick: Bill C-92, First Nations Child Welfare, and Cultural Safety

Indigenous child welfare in New Brunswick operates within a framework that is distinctly different from what applies to non-Indigenous children in care. Two legal regimes now interact in this space: the provincial Child and Youth Well-Being Act and the federal An Act Respecting First Nations, Inuit and Métis Children, Youth and Families — known as Bill C-92. A Supreme Court of Canada decision in February 2024 confirmed that Bill C-92 is constitutionally valid, affirming that First Nations have the inherent right to exercise jurisdiction over child and family services.

For foster parents in New Brunswick who are caring for — or considering caring for — an Indigenous child, understanding this legal and cultural context is not optional. It is a practical obligation embedded in the provincial legislation and in the expectations DSD and delegated First Nations agencies hold for caregivers.

The Structure of Indigenous Child Welfare in NB

New Brunswick's approach to First Nations child welfare differs from provinces like Alberta or British Columbia, which have large centralized Delegated First Nations Agencies. In New Brunswick, child welfare for Indigenous children operates through community-specific delegated agencies that serve the province's 15 First Nations communities.

Eleven delegated agencies currently operate in New Brunswick. These agencies have formal authority — delegated from DSD under provincial legislation — to conduct child protection investigations, manage placements, and participate in case planning for children from their communities. When a First Nations child from a community with a delegated agency enters care, the agency has a formal role in determining what happens to that child. The agency is not merely consulted; they are a party to the process.

For a foster parent who receives an Indigenous child as a placement, you may find yourself working alongside both a DSD social worker and a representative from the child's First Nations agency. Understanding this dual-track structure — and treating both parties with equal respect — is part of operating effectively in this space.

What Bill C-92 Changed

Bill C-92 came into force in 2020 and was confirmed constitutional by the Supreme Court in February 2024. Its core provision is that First Nations, Inuit, and Métis peoples have inherent jurisdiction over child and family services. This means that where a First Nations community has enacted its own laws governing child and family services — and has communicated those laws to the federal government — those laws take precedence over provincial legislation for children from that community.

In New Brunswick, the practical implementation of C-92 is still developing. Not every community has enacted its own laws under C-92. But the direction of travel is clear: Indigenous communities are increasingly asserting jurisdiction over their children, and the provincial child welfare system is required to work within that framework rather than around it.

For foster parents, the immediate implication is that the plan for an Indigenous child in your care may be shaped by the child's First Nations community in ways that differ from standard DSD case planning. The community may have specific preferences about placement location, cultural activities, and who is involved in decisions about the child's life. These are not preferences that DSD can override unilaterally.

The Legal and Moral Obligation of Cultural Safety

The Child and Youth Well-Being Act affirms the right of Indigenous children in care to maintain their cultural identity, their language, and their connection to their community. This is a legal obligation for DSD and for foster parents — not a recommendation.

In practice, cultural safety for an Indigenous child in your care may involve:

• Attending community events and ceremonies: If the child's First Nations community has events that are relevant to the child's cultural identity — powwows, community gatherings, cultural teaching sessions — facilitating attendance is part of your role.
• Facilitating contact with Elders and traditional teachers: A child's connection to cultural knowledge holders is recognized under the Act as significant to their wellbeing.
• Supporting language maintenance: If the child speaks or is learning an Indigenous language, supporting that — through community connections, language programs, or cultural activities — is an expectation.
• Collaborating with the child's Indigenous Governing Body: The community's designated representative (the Indigenous Governing Body or IGB) may be a party to the child's care plan. Taking this relationship seriously, attending relevant meetings, and following through on commitments made in that context is part of the role.

If you are a non-Indigenous foster parent caring for an Indigenous child, the cultural responsibility this entails deserves genuine reflection before you accept a placement. It is not enough to avoid actively harming a child's cultural identity — the expectation is that you actively support it.

Jordan's Principle in New Brunswick

Jordan's Principle is a child-first funding principle named for Jordan River Anderson, a First Nations child from Manitoba who died while provincial and federal governments disputed who should pay for his medical care. Jordan's Principle requires that when a First Nations child needs a government service, the appropriate government provides it immediately and resolves jurisdictional payment disputes afterward.

In New Brunswick, Jordan's Principle applies to First Nations children in care who require services where there may be a dispute about whether the provincial or federal government funds that service. If a First Nations child in your care needs specialized medical equipment, a particular therapy, or an educational accommodation — and there is any uncertainty about funding — Jordan's Principle requires that DSD arrange and fund the service first. The payment dispute is resolved separately and does not delay the child's access to the service.

Understanding Jordan's Principle allows you to advocate effectively for a First Nations child in your care. If you are told that a needed service is unavailable because of a funding dispute, Jordan's Principle is the correct response: the service comes first.

Placement Preferences for Indigenous Children

The Child and Youth Well-Being Act and DSD policy both express a clear preference for placing Indigenous children with Indigenous caregivers — first within the child's extended family and community, then within the broader Indigenous community. This mirrors the Aboriginal Child Placement Principle articulated in other provincial frameworks.

This preference means that if an Indigenous child is placed with a non-Indigenous foster family, it is because preferred options were not available or appropriate in the specific circumstances. Non-Indigenous foster parents in this situation carry an additional responsibility: to maintain the child's connections to their community actively and consistently, not as a theoretical commitment but as a concrete weekly practice.

Practical Guidance for Non-Indigenous Foster Parents

If you are a non-Indigenous family in New Brunswick and you are considering accepting placements of Indigenous children, the following questions deserve honest consideration:

• Do you have existing relationships with Indigenous communities in your region, or are you willing to develop them?
• Are you prepared to actively support a child's participation in cultural activities you are unfamiliar with?
• Can you maintain a respectful, collaborative relationship with the child's First Nations agency?
• Are you committed to not treating the child's cultural identity as secondary to integration into your household?

These are not abstract questions. They have direct implications for the child's wellbeing and for whether the placement is culturally safe.

The New Brunswick Foster Care Guide includes a detailed section on Indigenous child welfare in the province — the role of delegated agencies, the implications of Bill C-92 for current placements, what the cultural safety obligations actually require of foster parents, and how to work effectively within the dual-track provincial and First Nations governance system. For anyone considering fostering in New Brunswick's context, that section is not optional reading.

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