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Extend Youth Care and Recognize Indigenous Laws

Full Title:
The Child and Family Services Amendment Act

Summary#

This Manitoba bill updates child welfare law to better support youth as they turn 18 and to recognize Indigenous child and family service laws. It lets the province keep helping some young adults up to age 21 and creates a clear way to shift cases to an Indigenous service when an Indigenous law applies. It also updates related laws so terms match and oversight continues.

  • Defines “young adult” as age 18 to under 21.
  • Allows continued care and maintenance for eligible youth after they turn 18 to help them move to independence.
  • Sets a process to end provincial supervision or guardianship when an Indigenous law applies and the Indigenous service provider asks.
  • States that, when provincial guardianship ends, parental rights may be restored, if allowed under the Indigenous law.
  • Requires notice to the agency, the court (if a court order ends), the parents, and the child if age 12 or older.
  • Aligns related Acts and confirms the Advocate for Children and Youth can review these young-adult services.
  • Takes effect on the day it receives royal assent.

What it means for you#

  • Young adults in care (ages 18–20)

    • If you were in care the day before your 18th birthday, the province may keep helping you with care and maintenance to support your move to independence.
    • This applies if you were in kinship care, customary care, voluntary care, under a voluntary surrender of guardianship, or if an agency was your temporary or permanent guardian.
    • Help can include support for basic needs and stability, but it is not automatic; the director decides and can approve an agency to provide it.
  • Parents and families

    • If your child’s case is covered by an Indigenous child and family service law, provincial supervision or guardianship can end on a set date.
    • You will be told when this happens. If your child is 12 or older, they will be told too.
    • Parental rights and duties that ended under provincial law may come back, depending on the Indigenous law that applies.
  • Indigenous families and communities

    • The bill recognizes Indigenous child and family service laws that are publicly posted under federal rules, or passed under approved self‑government agreements.
    • Your Indigenous service provider can ask the province to end its supervision or guardianship, and set the date to transfer the case.
  • Caregivers (foster, kinship, customary care)

    • Youth turning 18 may continue to receive support up to age 21 if they were in care right before 18, which can help with housing and daily needs during the transition.
  • Child and family services agencies and workers

    • You can keep supporting eligible young adults after 18 with the director’s written approval.
    • There is a new, written process with Indigenous service providers to end provincial orders when an Indigenous law applies, plus required notices.
  • Courts

    • The court will be notified when a court order for supervision or guardianship is ended under this process.

Expenses#

No publicly available information.

Proponents' View#

  • Extending support up to age 21 helps young people leaving care avoid sudden loss of help and have a steadier move to adult life.
  • Recognizing Indigenous child welfare laws respects Indigenous jurisdiction and supports community‑led care.
  • The clear handoff to Indigenous services reduces overlap and confusion between systems.
  • Allowing parental rights to be restored, when an Indigenous law permits, can support family reunification under community rules.
  • Keeping the Advocate for Children and Youth involved adds independent oversight for services to young adults.

Opponents' View#

  • Support after 18 is discretionary (“may” provide), so help might vary by case and region rather than be guaranteed.
  • The bill does not spell out exactly what “care and maintenance” includes, which could lead to uneven services.
  • Transferring cases to Indigenous laws could create confusion or service gaps if coordination is weak.
  • Restoring parental rights when provincial guardianship ends may raise safety concerns if checks are not clear in practice.
  • The bill does not address funding or staffing needs that may come with extended support and system transitions.