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ureaucratic procedures (Homes for Blacks 1976 page 163 reporting the collective view ofAboriginal participants at the First Australian Conference on Adoption in 1976).When adoption is determined to be in the child’s best interests, the child shouldremain in contact with his or her biological family and community. His or her culturaland native title entitlements and future rights and responsibilities may depend on thecontinuity of these ties. His or her spiritual and emotional well-being almost alwaysdoes. ‘Open adoption’ is the most appropriate for Indigenous children (and possiblyfor all children). Open adoption has been variously defined.There is no universally accepted definition of open adoption. Definitions range from ‘anadoption in which the birth parent meets the adoptive parents; relinquishes all legal, moral,and nurturing rights to the child; but retains the right to continuing contact and knowledge ofthe child’s whereabouts and welfare’ to ‘shar[ing] with the child why a mother would placethe child for adoption’ (NSW Law Reform Commission 1994 page 53).The first definition reflects the Inquiry’s intentions. In addition the child shouldretain the right to contact and knowledge of the biological family’s whereabouts. Thefamily as a whole, and not just the natural parents, should remain in contact. ‘Family’for these purposes must be defined according to the customs and Law of the particularIndigenous community. To protect the best interests of the child the degree of contactbetween child and natural family would be determined ideally by agreement betweenthe natural and adoptive families or, failing that, by court order. The advice of therelevant Indigenous child and family service agency would be invaluable in eithercase.Standard 7: Adoption a last resortRecommendation 52: That the national standards legislation provide that anorder for adoption of an Indigenous child is not to be made unless adoption is inthe best interests of the child and that adoption of an Indigenous child be an openadoption unless the court or other decision maker is satisfied that an openadoption would not be in the best interests of the child. The terms of an openadoption order should remain reviewable at any time at the instance of any party.Juvenile justiceThe overall picture in relation to Aboriginal juvenile justice issues remains, for the most partbleak in many areas of the State … The reforms that have been made to the system have yetto make sustained inroads into rates of arrest and incarceration for Aboriginal children andyoung people (ALSWA submission 127 page 333).Minimum standards for Indigenous juvenile justice must be founded on anumber of key principles and themes, many of which have been discussed above.These include,• legislative recognition of the need to eliminate the removal of Indigenous childrenand young people from their families and communities and a legislative preferencefor diversion of Indigenous children and young people to Indigenous bodies,• the need for Indigenous communities and organisations to have a key role in