Children and Families (Legal Information for Indigenous People)
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Child protection laws[edit]
The legal landscape of child protection law is changing in Canada. It is important to know about the different laws that could apply to your situation. There are different laws to consider in a child protection case.
Federal: An Act Respecting First Nations, Inuit and Métis Children, Youth and Families (Bill C-92)
Provincial: Child, Family and Community Service Act (CFCSA)
Indigenous Laws: Nations have Indigenous laws and traditions and many have or will be enacting their own child protection laws.
"The Federal Act requires that the Indigenous laws and traditions of a child’s own community be reflected in all aspects of caring for that child, even where the Indigenous community has not entered (or may not enter) a process to officially pass their own child welfare law."
– Ardith Walkem, Wrapping Our Ways Around Them
The Federal Act:
- affirms the inherent right of Indigenous self-government, which includes jurisdiction in relation to child and family services,
- sets out national standards for the provision of child and family services in relation to Indigenous children, and
- sets out the best interests of Indigenous children, which includes factors such as:
- their cultural, linguistic, religious and spiritual heritage,
- the nature and strength of their relationship with their parents, care providers, or extended family, and
- the importance to the child of preserving their cultural identity and connections to the language and territory
The Federal Act also sets out the priority for placement of Indigenous children if necessary in the following order:
- One of the child’s parents.
- Another adult member of the child’s family.
- An adult from the same Indigenous community.
- An adult from another Indigenous group.
- Finally, any other adult.
Child Protection laws - Provincial Law[edit]
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 reserve.
The Ministry of Children and Family Development (MCFD) as well as Delegated or Semi-Delegated Aboriginal Agencies administer child services under the CFCSA.
If MCFD Social workers contact you with concerns about your child, it is important to get legal advice as soon as possible.
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.