Indian or Native Child Protection

When courts are faced with family law cases involving issues such as adoption, placement, and custody, they are obligated to render their decision with the best interests of the child in mind.

This is especially relevant when the court is faced with an issue regarding an “Indian or native” child. The Child and Family Services Act compels the judicial system to always emphasize the seriousness of recognizing the uniqueness of the Indian and native heritage, culture, and traditions, and thereby allow the child the opportunity to retain his/her native cultural values.

It is interesting to note the measures that the Child and Family Services Act is willing to take to attempt to preserve and perpetuate the cultural identity of the Indian or native child. For example, section 47(2) of the Act states:

47.

1. Where an application is made under subsection 40(1) or a matter is brought before the court to determine whether the child is in need of protection, the court shall hold a hearing to determine the issue and make an order under section 57.
2. As soon as practicable and in any event before determining whether a child is in need of protection, the court shall determine,
   • The child’s name and age;
   • The religious faith, if any, in which the child is being raised;
   • Whether the child is an Indian or a native person and, if so, the child’s band or native community; and,
   • Where the child was brought to a place of safety before the hearing, the location of the place from which the child was removed.

As is stated above, the Act obliges the court to probe into whether the child in need of protection is Indian or native, so as to ensure that it takes into account the necessary factors to preserve the Indian/native identity of the child.

Finally, section 57(5)(c) furthers the notion that the court must place an emphasis on facilitating the ongoing Indian identity within the child as it states that an Indian or native child shall be placed with “another Indian or native family.”

To learn more about Indian or native child protection as well as the services provided by Krol & Krol, call 905.707.3370 today.