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Difference between revisions of "Children and Families (Legal Information for Indigenous People)"
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Children and Families (Legal Information for Indigenous People) (view source)
Revision as of 20:16, 31 January 2023
, 20:16, 31 January 2023→Child protection laws - provincial law
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* Finally, any other adult. | * Finally, any other adult. | ||
== | == Provincial law == | ||
Provincial child welfare law is called the ''Child, Family and Community Service Act'' (CFCSA). The ''CFCSA'' applies to all children in BC, on and off | Provincial child welfare law is called the ''Child, Family and Community Service Act'' (CFCSA). The ''CFCSA'' applies to all children in BC, on and off | ||
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Social workers’ roles include investigating reports of child abuse or neglect and they have authority to remove children from homes if children are at immediate risk. Get support and learn about your rights. | Social workers’ roles include investigating reports of child abuse or neglect and they have authority to remove children from homes if children are at immediate risk. Get support and learn about your rights. | ||
You and your family also could have Band supports available: | |||
* Under the ''CFCSA'', the MCFD must give notice to the Band when they become involved with a family. | |||
* Each Band has a designated representative or equivalent who is supposed to be notified if the MCFD is contacting you. | |||
* You can insist that your Band representative be present for any questioning, meetings with social workers or court proceedings. | |||
'''ISSUE:''' For legal supports for Child Protection issues, see pages 18-20 for some local and provincial suggestions. | |||
When there is a Conflict between Laws | |||
As a general rule: | |||
* If the conflict is between federal and provincial law, the federal law prevails. | |||
* If there is a conflict between the federal law and the law of the Indigenous Nation, the Nation’s law is paramount with some limitations. | |||
* If there is a conflict between two Nations’ laws, the law from the community to which the child has stronger ties prevails. | |||
