Former band councillor, now Manitoba MLA raises concerns with shift to First Nations child welfare oversight

A former First Nation band councillor and current member of Manitoba's legislature is worried about Indigenous communities having control over child welfare, citing her own experience dealing with one First Nation agency as a foster parent.

"As an Indigenous woman and a former Indigenous chief and council member, I can say this: I'm really worried about the First Nations handling this authority," said Amanda Lathlin, the NDP MLA for the northern riding of The Pas-Kameesak, at a legislative affairs committee meeting on Friday.

Lathlin, whose three nieces were taken into care in 2017 while she was on a trip in the U.S., said the agency she's been dealing with — Opaskwayak Child and Family Services — has been keeping her family separated.

The experience "tore a lot into me," she said.

"I'm worried about the nepotism that's currently going on in every office," she told the committee, which was meeting to review the province's Advocate for Children and Youth Act.

"I'm worried about the unqualified workers that are currently there, such as the ones that have not returned my phone call for two months asking for a visit."

Federal Bill C-92 affirms Indigenous nations have jurisdiction over child and family services and outlines national minimum standards of care. It was passed in 2019, giving Indigenous governments the opportunity to take over child welfare services.

In 2023, Peguis First Nation, the largest First Nation in Manitoba by population, became the first Indigenous group in the province to take control over child welfare duties.

The bill has been welcomed by the Manitoba Métis Federation and the Assembly of First Nations as a recognition of Indigenous autonomy.

Federal advocate needed

But Lathlin, who was a band councillor for Opaskwayak Cree Nation, questioned who people like her should go to if they're having problems with an Indigenous child welfare agency.

"Who do we go to and say, "Hey, that worker's not returning my call?'" she said.

"Because of all this chaos, I'm seriously worried about this transition coming up, when I am not even being heard as the MLA for The Pas-Kameesak," she said.

CBC has contacted Opaskwayak Child and Family Services for comment.

Manitoba's Advocate for Children and Youth Sherry Gott was also at the committee meeting Friday. She said there needs to be an advocate at the federal level.

"I, too, am concerned," said Gott. "The children need a voice in the new system."

Her office is in talks with Indigenous governing bodies about continuing to advocate for children once they take over child welfare, Gott added.

Provincial Families Minister Nahanni Fontaine emphasized that according to the bill, once a First Nation agrees to take over CFS duties, their laws are paramount.

"The province has no oversight at all, and MACY [the Manitoba Advocate for Children and Youth] has no oversight at all," she said at the Friday meeting.

"As soon as there's jurisdiction, that's it."

But Progressive Conservative families critic Lauren Stone said she's worried the province is "essentially just washing our hands" of the issue. She raised concerns about children "falling through the cracks" due to a lack of oversight.

"I heard the minister today essentially say that unless an Indigenous agency asks for oversight, then [for] the province, there's no involvement," said Stone.

"And so who is going to be advocating for children if an Indigenous agency does not ask for that oversight?"