Child protection and the Aboriginal community
As they must do for all children in BC, if the Ministry of Children and Family Development is concerned about the safety and well-being of your child, it must investigate and may, if necessary, remove your child from your home. This is called child protection.
BC law contains special provisions for the care of Aboriginal children in this situation. It recognizes that:
- Preserving cultural identity is essential for an Aboriginal child's safety and well-being and is a necessary consideration in planning for the child.
- Aboriginal people and the community should be involved in the planning and delivery of services to Aboriginal families and their children.
- Appropriate Aboriginal organizations must be notified of child protection proceedings involving Aboriginal children.
- Designated representatives of Indian bands and Aboriginal communities, if appropriate, are entitled to each become a party to a child protection hearing for a child from their community.
- If your child is to be placed outside your home, the ministry must first try to place your child with your extended family or another Aboriginal family.
If an Aboriginal child is taken by the ministry, it must notify a representative of the child's Aboriginal community, band council, or tribal organization. The Aboriginal representative has the right to:
- Receive all records and information
- Speak at the child protection hearing
- Call witnesses and question other witnesses
- Participate in any mediation
- Propose support for the child's parents or suggest another culturally appropriate plan for the care of the child
To find the designated representative of your band, look through the detailed list of Aboriginal organizations and designated representatives in the Child, Family and Community Service Regulation.
In some communities, an Aboriginal child and family service agency, not the ministry, will investigate a child abuse complaint. The Spallumcheen Indian Band Council has direct authority for the protection of children who are members of the band and residing on reserve. The Nisga'a Lisims government operates a child protection agency with authority delegated from the provincial government. Other Aboriginal governing bodies are being given such authority. You may wish to ask whether your band is affected.
Note: If you don't want the ministry to involve the Aboriginal community, you must let the ministry child protection worker know your wishes as soon as possible.
There are agencies and resources in many communities that offer services specifically for Aboriginal families. The ministry has working relationships with many of these agencies and can refer you to them to help you with any child protection concerns. The ministry must refer you to these services if doing so will help to avoid removing your child. Ask the ministry child protection worker about these services.
For help with child protection issues from an Aboriginal perspective, ask an advocate or child protection worker in your community. You will also find Aboriginal family services listed in A Guide to Aboriginal Organizations and Services in British Columbia on the Ministry of Aboriginal Relations and Reconciliation website.
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