Understanding Aboriginal child protection / removal matters

BC law says that if a child's safety is at risk, the Ministry of Children and Family Development (or an Aboriginal delegated agency) must investigate and, if necessary, remove the child from the home. BC law also says that Aboriginal cultural ties are very important to the well-being of Aboriginal children. It says that when the ministry makes plans for an Aboriginal child's care, the ministry should respect the child's family ties and Aboriginal identity.

---

What you can do if the ministry investigates you for a child protection matter

If the ministry tells you that you're being investigated for a child protection matter, you have the right to get a lawyer. Contact the legal aid office in your area immediately to find out if you qualify for a free lawyer, or call 1-866-577-2525. See Who can help for more information on how to get a lawyer and the other resources available to you.

What you can do if the ministry removes your child from your home

If the ministry removes your child from your home, you can:

• Get a lawyer before the day of court; call legal aid immediately at the contact information listed above to find out if you qualify for a free lawyer. See Who can help for more information on how to get a lawyer and the other resources available to you
• Work out a plan with your band or community that supports your child's family ties and Aboriginal identity
• Ask to have your child placed with another Aboriginal family
• Ask for a mediator (someone who will help you work out an agreement)
• Ask for the Report to Court, which explains why your child was removed
• Ask for visits with your child

What the ministry must do if it removes your child from your home

If the ministry removes your child from your home, it must:

• Notify your child's Aboriginal community representative (such as the First Nations band)
• Take steps to preserve your child's family ties and Aboriginal identity when choosing a foster home
• In many cases, allow a representative (someone who is chosen to speak for others) from your child's band or Aboriginal community to go to court

^ Back to top

What your Aboriginal representative can do if the ministry removes your child from your home

If the ministry removes your child from your home, your Aboriginal representative can:

• Receive all records and information pertaining to your case
• Speak at the child protection hearing
• Call witnesses and question other witnesses
• Take part in any mediation
• Ask about ways to get you help

Find out more

The following resources may be of help to you and your family:

• Our fact sheet Understanding Aboriginal Child Protection / Removal Matters
• Our wallet card Your Right to Get a Lawyer
• Our poster outlining the Aboriginal Child Protection Process
• Our fact sheet Understanding Aboriginal delegated agencies
• Our fact sheet Child protection and the Aboriginal community

To see what other kinds of resources are available to you, return to the Aboriginal people community page.

^ Back to top