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A thesis on Indian Child Welfare Act
Tribal sovereignty
India's child welfare system
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Recommended: A thesis on Indian Child Welfare Act
In 1978, The Indian Child Welfare Act was enacted for the intent to strengthen the permanence of the Indian families and tribes, mainly the protection of the Indian children from non-Indian traditions and way of life. The act was the foundation for the basic federal standards in legal actions involving Indian parental rights being terminated, Indian children pre-adoption/adoption placement. There has been resistance to the provisions from the start. Another provision of the ICWA allowed the tribes to attain legal jurisdiction over the Indian child welfare matters such as developing and implementing juvenile codes, courts, tribal standards and child welfare service (Turner, C., 2016). History started around the 1800’s, when Indian children
The Adam Walsh Child Protection and Safety Act of 2006 was established because an American boy was abducted form a Florida shopping mall and was later found murdered. The act was signed into law by George W. Bush on July 27, 2006. This act is established to protect children from sexual exploitation and violent crime to prevent child abuse and child pornography to promote internet safety. This act is also known as the sex offender registration and notification act. It was established with the intention to strengthen laws related to child sexual predators. This law was instructed for each state and/or territory to apply criteria’s for posting offenders data on the internet.
#8 I think the main goal of this act was to control Natives and assimilate them into Canada, and to bring First Nations’ status to an end. The act brought together all of Canada’s legislation governing First Nation people, which defined who Aboriginals were under Canadian law and set out the process by which people would cease to be Aboriginals. Under the act, the Canadian government assumed control of First Nation people’s governments, economy, religion, land, education, and even their personal lives.
The term “Sixties Scoop,” was created by the writer, Patrick Johnson, to describe “the taking of thousands of Native children from their families, communities, and peoples during the 1960s to early 1980s” (Steckley and Cummins, 2008, 274). In the 1960’s, the government generally believed that an extension of child welfare services to reserves would be a practical approach to solving some of the problems on reserves. Although the social services may have had good intentions, “little attention was paid to the effect that extending provincial services would have on Indian families and communities [and there did not appear] to be any concern that provincial services might not be compatible with the needs of Indian communities” (Lloyd 2009). The majority of children that were placed for adoption were relocated to distant communities, different provinces and some were also placed in the United States to the dwellings of middle class Caucasian families.
The history of Indian Child Welfare Act derived from the need to address the problems with the removal of Indian children from their communities. Native American tribes identified the problem of Native American children being raised by non-native families when there were alarming numbers of children being removed from their h...
In this proposal our team seeks to explore the injustices within the Indian Act. To achieve this our proposed research will examine the target population being the aboriginal woman. The paper will further explore the oppressions faced by the aboriginal women within the Indian Act. In conclusion, this proposal will sum up the negative impact that the Indian Act had on aboriginal women and how it continues to oppress this population within the Canadian National discourse.
Deloria defines the relationship between the US Government and the Indians as paternalistic. The US Government treated and governed the Indians as a father would by providing basic needs but without given them rights. There has been some improvement with the Indian Reorganization Act in 1934. This act allowed the return to local self-government on a tribal level and restored the self management of their assets. By allowing the Indians to self govern it encouraged an economic foundation for the inhabitants of Indian reservations. Unfortunately only a few tribes have fully taken advantage of this Act, while others struggle for survival.
The history of Indian Child Welfare Act derived from the need to address the problems with the removal of Indian children from their communities. Native American tribes identified the problem of Native American children being raised by non-native families when there were alarming numbers of children being removed from their h...
Our Indian legislation generally rests on the principle, that the aborigines are to be kept in a condition of tutelage and treated as wards or children of the State. …the true interests of the aborigines and of the State alike require...
“To kill the Indian in the child,” was the prime objective of residential schools (“About the Commission”). With the establishment of residential schools in the 1880s, attending these educational facilities used to be an option (Miller, “Residential Schools”). However, it was not until the government’s time consuming attempts of annihilating the Aboriginal Canadians that, in 1920, residential schools became the new solution to the “Indian problem.” (PMC) From 1920 to 1996, around one hundred fifty thousand Aboriginal Canadians were forcibly removed from their homes to attend residential schools (CBC News). Aboriginal children were isolated from their parents and their communities to rid them of any cultural influence (Miller, “Residential Schools”). Parents who refrained from sending their children to these educational facilities faced the consequence of being arrested (Miller, “Residential Schools”). Upon the Aboriginal children’s arrival into the residential schools, they were stripped of their culture in the government’s attempt to assimilate these children into the predominately white religion, Christianity, and to transition them into the moderating society (Miller, “Residential Schools”). With the closing of residential schools in 1996, these educational facilities left Aboriginal Canadians with lasting negative intergenerational impacts (Miller, “Residential Schools”). The Aboriginals lost their identity, are affected economically, and suffer socially from their experiences.
The Indian act, since being passed by Parliament in 1876, has been quite the validity test for Aboriginal affairs occurring in Canada. Only a minority of documents in Canadian history have bred as much dismay, anger and debate compared to the Indian Act—but the legislation continues as a central element in the management of Aboriginal affairs in Canada. Aboriginal hatred against current and historic terms of the Indian Act is powerful, but Indigenous governments and politicians stand on different sides of the fence pertaining to value and/or purpose of the legislation. This is not shocking, considering the political cultures and structures of Aboriginal communities have been distorted and created by the imposition of the Indian Act.
For Status Indians various activities have expanded nearby control under the Indian Act and permitted the arrangement of new administrative structures to supplant that act. On the other hand, numerous First Nations keep up that any type of assigned power is conflicting with an intrinsic right of self-government. Inuit have sought after self-government through open government courses of action in the north in conjunction with area claims, while the Métis have progressed different cases for area and self-government. Native people groups have additionally drawn on the privilege of self-determination and worldwide law to bolster their cases. The creating assemblage of global law on human rights has concentrated much consideration, as of late, on the privilege to self-determination as it applies to Aboriginal people groups. Native associations have contended that the characteristic right of self-government is a part of the privilege of self-determination perceived in the United Nations Charter and in the Draft Declaration of the Rights of Indigenous
Child welfare system was originated with the goals that social workers would try and alleviate poverty and its impact; however as the years have passed, the child welfare system turned into a child protection system directed toward investigating abuse and neglect, and removing children from families and placing them in foster care, and is no longer prepared to assist in resolving the problems of child poverty (Lindsey, 2004). Child welfare system has been developed around the residual approach which demands that aid should be given only after the family is in crisis or other support groups have failed to meet a child’s minimal needs. However, over the years, there have been different focuses for the child welfare system, whether it involved
This essay will first address the statute used and interpretation of the threshold test by the courts, and then focus on cases involving vulnerable children to assess whether the statute in The Children Act 1989 is sufficient in protecting these children from harm. I will look at the argument in favour of the current approach taken by the courts, and the counter-argument in favour of changing the current approach. The arguments are delicately balanced and the law is always developing, so it will be interesting to see how the Supreme Court resolves this issue in future.
The over-representation of Aboriginal children in the Canadian Child Welfare system is a growing and multifaceted issue rooted in a pervasive history of racism and colonization in Canada. Residential schools were established with the intent to force assimilation of Aboriginal people in Canada into European-Canadian society (Reimer, 2010, p. 22). Many Aboriginal children’s lives have been changed adversely by the development of residential schools, even for those who did not attend them. It is estimated that Aboriginal children “are 6-8 times more likely to be placed in foster care than non-Aboriginal children (Saskatchewan Child Welfare Review Panel, 2010, p. 2).” Reports have also indicated that First Nations registered Indian children make up the largest proportion of Aboriginal children entering child welfare care across Canada (Saskatchewan Child Welfare Review Panel, p. 2). Consequently, this has negatively impacted Aboriginal communities experience of and relationship with child welfare services across the country. It is visible that the over-representation of Aboriginal children in the child welfare system in Canada lies in the impact of the Canadian policy for Indian residential schools, which will be described throughout this paper.
The Indian Act was an attempt by the Canadian government to assimilate the aboriginals into the Canadian society through means such as Enfranchisement, the creation of elective band councils, the banning of aboriginals seeking legal help, and through the process of providing the Superintendent General of the Indian Affairs extreme control over the aboriginals, such as allowing the Superintendent to decide who receives certain benefits, during the earlier stages of the Canadian-Indigenous' political interaction. The failure of the Indian Act though only led to more confusion regarding the interaction of Canada and the aboriginals, giving birth to the failed White Paper and the unconstitutional Bill C-31, and the conflict still is left unresolved until this day.