Yellowknife (Mar 01/04) - When Gabriel Mantla wakes up in the morning, the first thought that crosses his mind is of his 16-year-old son.

Instead of being able to offer his son a day of hunting, fishing or playing catch, Mantla is busy writing letters and making phone calls he says always go unanswered.

In 1997, his then nine-year-old son was removed from Mantla's custody and placed in the protection of authorities in Rae under the Child Welfare Act. A year later, this act was replaced by the Child and Family Services Act.

At the time, Mantla was dealing with a serious alcohol addiction and, since the boy's biological mother has never been part of his life, his son was better off living with relatives.

Now, with the support of his common-law spouse and thoughts of someday having his son back, he healed himself and says he is ready to be a father again.

"I completed a treatment program in Hay River and I have been clean and sober (for seven months)," he said. "I learned how to cope with everyday life and how to deal with situations as they come. I am proud to say that I am sober and I did this for myself to get my son back into my care."

What has complicated the situation for Mantla, however, is that back in 2002, his son got into some trouble with the law in Rae.

"We kept in touch by phone and at one time during one conversation he stated that he was looking forward to coming home," he said.

His son is currently living in B.C. with Mantla's ex-common-law spouse, who was also a friend to the teen's child protection worker, he said.

"They may be friends, but (the child protection worker) should take into consideration that her job comes before friendship ... in a dispute such as this," he said. "Only God knows what they say when they are alone."

While officials at NWT Child and Family Services couldn't discuss the specifics of the case, they were able to respond to questions regarding procedures in general.

Accusations like Mantla's would be reason enough for an intense investigation, said the director of NWT Child and Family Services, Dana Heide.

He said in small communities, it is hard to avoid situations where the worker has crossed paths with the family socially at some point. As long as it doesn't affect the child's well being, the potential conflict is ignored.

"The NWT is a small community," he said. "But there is ethical practice that comes into play."

Deputy director Margaret Cissell agreed and said Child and Family Services would be sure to make alternate care arrangements if they found that a real conflict existed.

Support families

"Maintaining the child within the family is our goal always," said Heide. "We are all about supporting families to raise healthy children."

The child is still allowed to know who their parent is and if they want to contact the parent, she said.

"The worker will assist them," she said.

Mantla disagreed, however, and says in his case, CFS has broken all its promises -- denying him a relationship with his son.

Since his letters of concern have gone unanswered, he now wants his day in court to prove that CFS has not lived up to its mandated obligations.

"I am doing this for myself and so no other families get hurt," he said. "My son needs to be home with his family, where he can learn his native ways, the traditional way."

He said his determination to become sober again should prove that his son belongs at home -- but it may not be that simple.

When a child is removed from their home, Cessill said, the department meets with the family to address the issues and figure out the best approach for working together. During that meeting, a plan of care agreement is developed that sets certain time-lines for parents to change their ways.

The plan of care committee consists of at least one person who has lawful custody of the child, a member of the CFS committee, a child protection worker and the child if he or she is over the age of 12 and chooses to be a part of it.

Cessill said if a plan is unsuccessful, the committee is required to terminate it and build another one.

"At some point, somebody needs to stand up and say this child needs stability," she said. "The legislation has given that authority to the director and they have given that right to the worker."

Unanswered questions

As for the unanswered questions Mantla has about his son, Cessill said concerns like that would not be disregarded by the department.

Instead, they would be taken very seriously and approached according to legislation.

"People always have the option to say I don't like this decision," she said. "Everyone is entitled to be treated with dignity and respect."

Mantla said that hasn't happened in his case, and he is planning to take the department to court in hopes of getting his son back.

Though efforts were made by News/North, Mantla's son could not be reached for comment.