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Section 12. Additional decision-making principles

In cases that involve an Aboriginal child, extra thought needs to be given to the Cultural needs of the child. This is done by including Aboriginal community members and respected persons close to the child in all conversations relating to the child's future.

In recognition of the principle of Aboriginal self-management and self-determination, in making a decision or taking an action in relation to an Aboriginal child, the Secretary or a community service must also give consideration to the following principles-

  • (a) in making a decision or taking an action in relation to an Aboriginal child, an opportunity should be given, where relevant, to members of the Aboriginal community to which the child belongs and other respected Aboriginal persons to contribute their views;
  • (b) a decision in relation to an Aboriginal child, should involve a meeting convened by an Aboriginal convener who has been approved by an Aboriginal agency and, wherever possible, attended by—
    • (i) the child; and
    • (ii) the child's parent; and
    • (iii) members of the extended family of the child; and
    • (iv) other appropriate members of the Aboriginal community as determined by the child's parent;
  • (c) in making a decision to place an Aboriginal child in out of home care, an Aboriginal agency must first be consulted and the Aboriginal Child Placement Principle must be applied.

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