Mi'kmaw Foster Care in Nova Scotia: MFCS, Customary Care, and Jordan's Principle

When a Mi'kmaw child in Nova Scotia needs out-of-home care, the path forward runs through Mi'kmaw Family and Children's Services (MFCS) — not through the Department of Community Services. Understanding this distinction is the starting point for any Mi'kmaw family considering foster care, and for any non-Indigenous family who might be asked to care for a Mi'kmaw child.

MFCS and Its Mandate

Mi'kmaw Family and Children's Services was founded in 1985 and operates as a delegated First Nations child welfare agency under a tripartite agreement with the provincial and federal governments. MFCS has a specific mandate to serve the 13 Mi'kmaw First Nations in Nova Scotia, which are:

1. Acadia First Nation (Yarmouth/South Shore)
2. Annapolis Valley First Nation (Cambridge)
3. Bear River First Nation (Digby/Annapolis)
4. Eskasoni First Nation (Cape Breton)
5. Glooscap First Nation (Hantsport)
6. Membertou First Nation (Sydney)
7. Millbrook First Nation (Truro)
8. Paqtnkek Mi'kmaw Nation (Antigonish)
9. Pictou Landing First Nation (Pictou)
10. Potlotek First Nation (Chapel Island)
11. Sipekne'katik First Nation (Indian Brook)
12. Wagmatcook First Nation (Cape Breton)
13. We'koqma'q First Nation (Waycobah)

MFCS operates under provincial legislation — the Children and Family Services Act — but integrates Mi'kmaw cultural values, holistic healing practices, and community-based decision making into all of its service delivery. This is not a cosmetic overlay. The agency's placement decisions, assessment frameworks, and training programs are structured around Mi'kmaw principles.

For Mi'kmaw families who want to foster, the first call goes to MFCS, not to the DCS provincial recruitment line (1-800-565-1884). MFCS maintains two main offices: Mainland (1-800-263-8686) and Cape Breton (1-800-263-8300).

Customary Care

In Mi'kmaw child welfare, "Customary Care" refers to the placement of a child with an extended family member, community member, or other person designated by the community according to Mi'kmaw custom — rather than through the formal court process that governs Crown wardship under the CFSA.

Customary Care prioritizes keeping Mi'kmaw children within their cultural and linguistic community, particularly when immediate family cannot provide care. It recognizes that Mi'kmaw extended family and community networks constitute appropriate caregiving contexts under Mi'kmaw law, independent of the provincial court system's recognition.

Practically speaking, Customary Care arrangements through MFCS function similarly to kinship placements under DCS: the caregiver receives the same per diem support, undergoes a structured assessment, and is part of the child's service planning process. The difference is in governance — the community's voice in placement decisions is central, and cultural continuity is a legally recognized placement criterion.

Traditions of Caring Training

MFCS uses the "Traditions of Caring" training model for its prospective foster families rather than the provincial PRIDE curriculum. This training integrates Mi'kmaw teachings on family, community, and child development alongside the core child welfare competencies covered in PRIDE.

Traditions of Caring is both a preparation program and a cultural assessment framework. Social workers from MFCS evaluate how well applicants can support a Mi'kmaw child's cultural identity, their connection to the language, and their relationships within the broader community. For off-reserve Mi'kmaw families, this often involves discussing how they maintain cultural connections and how they would support a child's ties to their home community.

If you are a Mi'kmaw family who has lost significant connection to the community and are unsure whether MFCS or DCS is the appropriate stream for you, MFCS social workers are the right people to discuss that with. The answer depends on your specific circumstances and the child's heritage.

Bill C-92 and the Maw-Kleyu'kik Knijannaq Initiative

Bill C-92 — the federal Act respecting First Nations, Inuit and Métis children, youth and families — came into force in 2020 and affirmed that Indigenous communities have inherent jurisdiction over child and family services. Under this legislation, Mi'kmaw communities can develop their own child welfare laws and apply them in place of the provincial CFSA, provided they follow the coordination agreement process.

Several Mi'kmaw communities in Nova Scotia are actively asserting this jurisdiction through the Maw-Kleyu'kik Knijannaq (MKK) initiative, which aims to move Mi'kmaw child welfare entirely outside the provincial CFSA framework. This is a work in progress — the transition requires community-specific laws, funding agreements with the federal government, and coordination with both the province and MFCS.

For families fostering through MFCS now, the practical impact is that placement decisions affecting children from communities actively asserting Bill C-92 jurisdiction may involve community governance bodies in addition to MFCS social workers. Staying current with MFCS communications about which communities have moved to their own laws is important if you are fostering a child from one of those communities.

Jordan's Principle

Jordan's Principle is a federal policy that ensures Mi'kmaw children and other First Nations children do not experience delays in receiving government services because of jurisdictional disputes between federal and provincial governments. If a Mi'kmaw child in your care needs a service — whether health, educational, or social — and there is a question about which government is responsible for paying, Jordan's Principle allows the request to go through without delay.

As a foster parent of a Mi'kmaw child, you can apply for funding through Jordan's Principle for any unmet need: specialized therapy, assistive devices, cultural support, educational resources, and more. The request needs to be supported by a professional recommendation — this can come from an Elder, a physician, or a teacher, depending on the type of need. Applications go through Indigenous Services Canada.

MFCS social workers can assist you with Jordan's Principle applications. Do not assume that because something is not covered by MSI or the DCS supplemental health plan, there is no pathway to funding. Jordan's Principle is underused precisely because many caregivers do not know it exists.

If You Are Non-Indigenous and Asked to Foster a Mi'kmaw Child

Under the CFSA and MFCS placement priorities, Mi'kmaw children are placed first with Mi'kmaw family, then with other Mi'kmaw community members, then with non-Indigenous families who can demonstrate a genuine commitment to maintaining the child's cultural connections. If you are a non-Indigenous foster parent asked to care for a Mi'kmaw child, your home study and ongoing placement reviews will include explicit assessment of your capacity to support the child's cultural identity, language exposure, and community ties.

This is not a perfunctory check. MFCS and DCS both expect documented plans — what is called a Cultural Connection Plan — outlining how the child will maintain contact with their Mi'kmaw community, language, and extended family. Foster parents who approach this seriously and proactively are better prepared for both the assessment and the placement.

The Nova Scotia Foster Care Guide covers how to approach cultural connection planning in your SAFE home study, including what assessors look for and how to document your commitment credibly.

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