Community control
A child's best interests is a collective responsibility

by Cheryl Leschasin
Northern News Services

NNSL (May 05/97) - The NWT cabinet has introduced four family law bills to replace outdated and inconsistent laws governing divorce, child care, custody, adoption and other family issues.

A six-MLA committee is now touring the North, seeking public input on the bills. As part of our coverage, News/North completes a four-part look at the proposed legislation with The Child and Family Services Act.

Communities would assume more responsibility over the fate of children torn between homes if the Child and Family Services Act is passed.

Specifically, the new act calls for the creation of a "plan of care" committee, which would render the involvement of the court optional in determining the best interest of the child.

The committee will be responsible for making recommendations for a child in need of care, including the child's residence, support services for the child's home, counselling, the responsibilities of persons who sign an agreement and support for the child.

Members of the committee will include the person who has lawful custody of the child, the child if over 12 years of age, a member of the child's extended family, a member of the child and family services committee and a child protection worker.

Kathy Tsetso, regional superintendent of Health and Social Services in Fort Simpson, said the new legislation will formalize some things the communities already do.

"We already talk to families and band offices about children who are at risk to come into care and those in care," said Tsetso.

Ultimately, the director of children and family services is still responsible for looking after the best interests of the child.

Tsetso said she is pleased the plan of care committee will help involve community members in the welfare of their children. "This will help the community be part of the process instead of outside the process," said Tsetso.

The best interests of the child are measured by meeting the child's immediate and future needs, supporting positive relationships, using community resources, respecting family ties and keeping the child in touch with family culture, language and spiritual or religious background.

Other major changes proposed in the act are:

  • The oldest children protected by the act will be 16 instead of the current 18.

  • Children 12 and older must be consulted on what will happen to them.

  • The director of child and family services can make agreements to provide services to families to support and assist them in caring for a child.