A series of recent legal and policy developments in Canada have potential to contribute to reconciliation efforts, particularly related to the overrepresentation of Indigenous children in child welfare systems. However, systematic collection, analysis, and synthesis of research knowledge—particularly, research that is locally grounded—on Indigenous child welfare involvement is notably missing from these efforts. With the aim of collating existing research knowledge on this topic, this scoping review of literature includes a broad swath of literature spanning decades (1973-2018) and countries with similar settler colonial histories (Canada, the United States, Australia, and New Zealand). Our search yielded 881 unique research publications. There was an increase in the number of publications over time in all four countries and a trend toward more empirical literature than non-empirical literature. We found that a plurality of publications focused on programs and services (n = 191), and policy or legal (n = 168) themes. While our review highlights a large base of literature on Indigenous child welfare involvement, it also illustrates the limits of the academic literature in representing the knowledge and experience of Indigenous Peoples and the need for more comprehensive synthesis and broader dissemination of the research related to Indigenous child welfare. These limitations restrict the extent to which existing research can inform the meaningful development of Indigenous child welfare policy in Canada. Due to these gaps, we advocate sustained investment in efforts to synthesize diverse sources of knowledge, support for open source publications, and structural support for Indigenous control of knowledge collection and dissemination regarding policy development related to their communities.

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In many North American jurisdictions, socioeconomically vulnerable families are more likely to be involved with child protection systems and experience ongoing challenges. The current public health response to the COVID-19 pandemic is having a disproportionate impact on these families via unemployment, “essential” work, isolation, and closures of childcare and schools, with negative implications for children’s developmental wellbeing. Experts warn that while child protection referrals have gone down, children who are at risk of maltreatment are less exposed to typical reporters (e.g., school professionals). At the same time, physical distancing measures are prompting many human service settings to shift toward virtual intervention with children and families. In this commentary, we suggest that a focus on short-term risk in the response to COVID-19 may obscure support for children’s long-term outcomes. We propose two policy considerations: (1) in the immediate term, that child protection workers be deemed “essential”; and (2) in the longer term, that permanent, universal basic income guarantees be implemented to support a baseline of predictability both in families’ material wellbeing and in fiscal budgets in the case of a future crisis. As we write, it is impossible to predict the longevity of these closures nor the extent of their impact on children and families. However, the present article mirrors commentary following previous crises noting the importance of going beyond immediate health risk mitigation to consider wellbeing with regard to children’s development and families’ socioeconomic needs in the long term.

Indigenous children are overrepresented in child protection systems in the United States and to an even greater degree in Canada. Canada has recently passed federal child welfare legislation, Bill C-92, with the goal of affirming the rights of Indigenous Peoples and establishing guidelines with respect to child and family services for Indigenous children. The aim of this article is to contribute to ongoing discussions about the recently passed Canadian legislation, drawing on lessons learned in the United States context. The Indian Child Welfare Act (ICWA), passed in the United States in 1978, has created a legislative paradigm, which in some cases has been bolstered by state-level provisions. The ICWA can provide helpful lessons to consider in Canada as the new legislation is implemented and amended over time. Specifically, we examine elements of the ICWA related to accessibility and compliance with the law, along with deeper analysis of state-level statutes related to adoption provisions in light of the phenomenon of transracial adoption of Indigenous children. As reactions to the Canadian federal law have been mixed, this policy analysis may be supportive of conversations regarding its further development, particularly related to funding and enforcement. On a broader level, considerations of Indigenous community jurisdiction over child and family policies within our discussion are relevant to various settler-colonial contexts.

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