Even in the family law review report, there is nothing they can do with regard to trying to recognize the aboriginal custom adoption in legislation. The only way that is being done right now is through practice and the recognition of the courts to observe that practice and legalize it. Even before that process is addressed, the situation is that if a parent decides to give her child to the grandparents, uncles or aunts, Social Services gets involved with their laws and the criteria of whether the grandparents are suitable and whether you get consent from the natural mother or father. So, even though the courts recognize that practice, the whole confusion starts when the Department of Social Services starts scrutinizing every member of the family to see whether suitable ability exists. So, what happens is that even though a young girl consents to her mother taking care of the children, as soon as Social Services gets involved the whole custom adoption practice is stopped in its tracks. Then, the department goes through its process as if it was a private adoption. I am wondering if there is a way to change this government's legislation. I would like to see something in the legislation which gives the opportunity, if it is a court decision that under the Child Welfare Act, the grandparents or the uncles or aunts are given the first option as opposed to the child being put in a foster home, or a different home away from the community. In most cases it is not aboriginal families they are being fostered to, it is white families.
Samuel Gargan on Committee Motion 110-12(3): To Adopt Recommendation 24
In the Legislative Assembly on March 17th, 1993. See this statement in context.
Committee Motion 110-12(3): To Adopt Recommendation 24
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
March 16th, 1993
Page 995
Samuel Gargan Deh Cho
See context to find out what was said next.