‘Crossover kids’ in Manitoba: The intersection of the child protection system, youth criminal justice system and First Nations identity

Using linked, population-wide administrative data from Manitoba, Canada, we identified all children born in 1994 and followed them into early adulthood. We examined sociodemographics, educational achievement, involvement with child protection services (CPS), justice system contacts, and First Nations identity. We investigated the extent of overlap between ever being in out-of-home care of CPS and being charged with a crime in the youth criminal justice system, and how being First Nations intersects with these systems. We found that 36.4% of youth ever in care had a criminal charge between age 12–17, compared with 3.8% of youth with no CPS histories. Although First Nations comprise less than 15% of the Manitoba population, they accounted for 57% of children in care and 50.2% of youth with a criminal charge. More than 10 times as many First Nations youth had both a history of being in care and were charged with a crime, compared with all other Manitoba youth.

Reducing the number of children in CPS care has the potential to reduce youth criminal justice system involvement. Actions to reduce the number of children in care should be based on policies that address socioeconomic disparities and systemic discrimination and through community-based First Nations-led programs. Proportional, timely and culturally appropriate extra-judicial measures geared toward addressing grief and trauma could reduce subsequent justice system involvement. Engagement of the communities most affected by the cross-over between child protection and youth criminal justice – marginalized, racialized, and minoritized populations – is essential for effective program and policy development.