Child guardianship in British Columbia
In British Columbia, provincial law divides the responsibility for guardianship of children into two distinct roles:
- Personal Guardianship involves responsibility for a child’s day-to-day personal, health and wellness needs
- Property Guardianship involves responsibility for a child’s legal and financial interests
When the Ministry of Children and Family Development (MCFD) or an Indigenous Child and Family Service Agency (ICFSA) brings a child/youth into their care, they take on the role of personal guardian. Depending on the situation, sometimes, the role of property guardian stays with the existing parents or guardians of the child. At other times, the role of property guardian transfers to the Public Guardian and Trustee (PGT).
When the PGT is property guardian, we have the responsibility to look after the financial and legal interests of those children and youth. These responsibilities include:
- Applying for financial benefits, including Indigenous benefits
- Managing legal claims for damages due to injury or loss
- Getting certain legal identification
- Helping youth who are becoming adults set goals and plan for their financial future, including through financial wellness workshops
When providing these services, the PGT uses trauma-informed approaches and strives to be culturally aware, respectful and inclusive. To learn more about what the PGT does as property guardian, visit our property guardian services page.
Indigenous financial benefits
As property guardian, the PGT applies for financial benefits offered by First Nations to their children and youth members. Each year, the PGT reaches out to Nations to inquire about available benefits. After that, the PGT follows each Nation’s process to apply for these benefits on behalf of the child or youth.
Help us connect children and youth to Indigenous benefits
If you are a member of a First Nation that offers financial benefits to children and youth, please let us know. Contact our Child and Youth Services division at cys@trustee.bc.ca.
Jurisdiction for Indigenous child and family services
On November 25, 2022, the Province passed Bill 38, the Indigenous Self-Government in Child and Family Services Amendment Act. Under Bill 38, a First Nation or Indigenous community can now reclaim responsibility for child and family services.
When reclaiming jurisdiction, First Nations may choose to take on both property and personal guardianship roles or they may choose to enter into an agreement for the PGT to provide property guardianship services for children and youth under their guardianship.
The PGT is committed to supporting First Nations and their communities to be successful in whatever role(s) they take on in child and family services, whether or not they work with us as co-guardians.
Learn about the PGT's role as property guardian, and how we can work with First Nations who exercise jurisdiction for their child and family services to protect the interests of Indigenous children and youth in the care of their Nation.
PGT property guardian services to Indigenous children and youth
Property guardian coordination agreements with the PGT
If a First Nation wishes for the PGT to remain involved as property guardian, we will enter into a property guardian coordination agreement with the Nation. These agreements are specific to how property guardian services will be provided by the PGT for the Nation.
Property guardian coordination agreements include the following:
- Roles and responsibilities of both parties
- Procedures and protocols for communication and sharing information
- Other agreement terms
After a coordination agreement is signed, the PGT will carry out property guardianship duties as stated in the agreement. As property guardian under agreement with a Nation, the PGT works closely with the Indigenous governing body authorized to deliver child and family services for the Nation.
We respect Indigenous ways of being and will continue to adapt our services to reflect the values and cultural beliefs of each First Nation that we work with. We will collaborate with the Nations to ensure the best possible outcomes for their children and youth.
You can also read Property Guardian Coordination Agreements (PDF, 204KB) for more information.
Active property guardian coordination agreements with the PGT
| First Nation | Indigenous governing body | Date signed |
|---|---|---|
| Cowichan Tribes | Stsi'elh Stuhw tu Smun'eem | October 8, 2024 |
Support to First Nations that choose to take on the role of property guardian
First Nations that choose to retain property guardianship responsibilities and not involve the PGT as property guardian can count on the following support from the PGT:
- Transfer of any active legal or financial issues for their children or youth from the PGT to the Nation
- Provide information about the property guardianship role
- Share our expertise and resources about property guardianship
- Support other identified needs
Learn more
If you are a member of a First Nation or Indigenous community and would like to learn more, we encourage you to connect with us! You can contact our Child and Youth Services division at cys@trustee.bc.ca.