Rights of Indigenous Peoples
Indian Act
Know Your Rights
Criminal Law
Child Protection
Fair Decision Making
The law says that whenever a child is removed from their home (whether by agreement or apprehension) and whenever a court is making an order in a child protection matter, there are certain rules that apply to where the child lives and who becomes their caregiver.
It is important to know that parents do not get to make the decision about where their child lives in these circumstances. You or your lawyer can suggest places or people you think would be good for your child but you do not get to make the actual decision.
The Ministry, FNCFS Agency and judges must consider the best interests of the child and must give priority to placing the child with:
- one of the child's parents
- another adult member of the child's family or extended family, including someone the child is related to through kinship or spousal relations, adoption or the customs of Indigenous Peoples
- an adult who belongs to the same Indigenous group, community or people as the child
- an adult who belongs to another Indigenous group, community or people
Although priority rules must be followed, those rules do not mean that a child will be placed with one of these people in every case. Everything depends on what the Ministry, FNCFS Agency or the judge determines is in the child's best interests.
A couple of other things to know...
- Biological family members, other than parents, are not necessarily given any greater priority than non-biological family members.
- The Ministry, FNCFS Agency and a judge are also required to consider
- placing the child with or near siblings or other children who are members of the child's family
- when placing an Indigenous child outside of extended family or community, placing them in an environment that respects, supports and preserves their Indigenous identity
