An Act respecting First Nations, Inuit and Métis children, youth and families (S.C. 2019, c. 24)

Marginal note:Priority

• 16 (1) The placement of an Indigenous child in the context of providing child and family services in relation to the child, to the extent that it is consistent with the best interests of the child, is to occur in the following order of priority:

  • (a) with one of the child’s parents;

  • (b) with another adult member of the child’s family;

  • (c) with an adult who belongs to the same Indigenous group, community or people as the child;

  • (d) with an adult who belongs to an Indigenous group, community or people other than the one to which the child belongs; or

  • (e) with any other adult.

• Marginal note:Placement with or near other children

  (2) When the order of priority set out in subsection (1) is being applied, the possibility of placing the child with or near children who have the same parent as the child, or who are otherwise members of the child’s family, must be considered in the determination of whether a placement would be consistent with the best interests of the child.

• Marginal note:Customs and traditions

  (2.1) The placement of a child under subsection (1) must take into account the customs and traditions of Indigenous peoples such as with regards to customary adoption.

• Marginal note:Family unity

  (3) In the context of providing child and family services in relation to an Indigenous child, there must be a reassessment, conducted on a ongoing basis, of whether it would be appropriate to place the child with

  • (a) a person referred to in paragraph (1)(a), if the child does not reside with such a person; or

  • (b) a person referred to in paragraph (1)(b), if the child does not reside with such a person and unless the child resides with a person referred to in paragraph (1)(a).