Kitsumkalum Agreement-in-Principle
94.
95.
Kitsumkalum Law under paragraph 93 will:
a)
expressly provide that the best interests of the child are the paramount consideration in
determining whether an adoption will take place; and
b)
provide for the consent of individuals whose consent to a Child’s adoption is required
under Provincial Law, subject to the power of the court to dispense with such consent
under Provincial Law.
If the Kitsumkalum Government makes laws under paragraph 93, Kitsumkalum will:
a)
develop operational and practice standards that promote the best interests of the Child;
and
b)
provide Canada and British Columbia with a record of all adoptions occurring under
Kitsumkalum Law.
96.
The Parties will negotiate and attempt to reach agreement on the information that will be
included in the record provided under subparagraph 95.b).
97.
Kitsumkalum Law under paragraph 93 prevails to the extent of a Conflict with Federal Law or
Provincial Law.
98.
Kitsumkalum Law under paragraph 93 applies to the adoption of a Kitsumkalum Child residing
off Kitsumkalum Lands or a Child residing on Kitsumkalum Lands who is not a Kitsumkalum
Child if the child has not been placed for adoption under the Adoption Act, and those individuals
whose consent to the Kitsumkalum Child’s adoption is required under Provincial Law consent
to the application of Kitsumkalum Law to the adoption, or a court dispenses with the
requirement for the consent required in subparagraph 99.d).
99.
If a Director designated under Provincial Law becomes the guardian of a Kitsumkalum Child,
the Director will:
100.
a)
provide notice to the Kitsumkalum Government that the Director is the guardian of the
Kitsumkalum Child;
b)
provide notice to the Kitsumkalum Government when the Director applies for
continuing custody order;
c)
provide the Kitsumkalum Government with a copy of the continuing custody order once
the order is made and make reasonable efforts to involve the Kitsumkalum Government
in planning for the Kitsumkalum Child;
d)
if requested by Kitsumkalum, consent to the application of Kitsumkalum Law to the
adoption of that Kitsumkalum Child, provided that it is in the best interests of the
Kitsumkalum Child; and
e)
in determining the best interests of the Kitsumkalum Child under subparagraph 99(d),
the Director will consider the importance of preserving the Kitsumkalum Child’s
cultural identity.
Before placing a Kitsumkalum Child for adoption, the adoption agency will make reasonable
efforts to obtain information about the Kitsumkalum Child’s cultural identity and discuss with a
designated representative of the Kitsumkalum Child’s placement.
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