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Common Questions

What about child protection for Aboriginal people?

Last reviewed November 2020 by the Clicklaw Editors

NOTE: COVID-19 has affected many stages of the child protection process. Look at Legal Aid BC's Q&A for Aborginal legal questions for more information. 

If the BC Ministry of Children and Family Development receives reports concerning the safety and well-being of any child, its social workers will investigate.  A child can be removed from the home, and this is called child protection. In Aboriginal communities an Aboriginal delegated agency-- a ministry group already working with the Band to provide child welfare services--may investigate.

Because BC law says that the child’s family ties and Aboriginal identity are important to their well-being, parents have the right to work out a child protection plan with their band or community through a traditional decision making process. Additional options, such as asking for a mediator (someone who will help work out an agreement between you and the ministry/Aboriginal delegated agency), are outlined in the resources below.

Good starting points include:

  • Child Protection, from Legal Aid BC, is an overview of what the law says, what the Ministry does, and what your options are.
  • Aboriginal Child Protection Process flow chart, from Legal Aid BC gives a step-by-step overview of the Aboriginal child protection process and information on the rights of Aboriginal children, families, and their communities. It also outlines what may happen if there needs to be a hearing in court.
  • Aboriginal Delegated Agencies, from Legal Aid BC, explains how Aboriginal delegated agencies may be involved in child protection matters. It also contains contact information for delegated agencies and a PDF publication that explains the child protection process. 

Need more help?

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tags
removal of a child from the home, custody, child protection, guardianship of children, coronavirus, COVID-19, covid19, Indigenous peoples