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Difference between revisions of "Child Protection and Removal"
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Child Protection and Removal (view source)
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{{REVIEWEDPLS | reviewer = [https:// | {{REVIEWEDPLS | reviewer = [https://churcherlaw.com/ Christine Churcher], Churcher Law|date= April 2020}} {{Dial-A-Law TOC|expanded = children}} | ||
When someone reports that a child has been abused or is at risk, this sets a legal process in motion, aimed at keeping the child safe. Learn about | When someone reports that a child has been abused or is at risk, this sets a legal process in motion, aimed at keeping the child safe. Learn about child protection law. | ||
==What you should know== | ==What you should know== | ||
===Get legal help if you are contacted by the | ===Get legal help if you are contacted by the child protection authorities=== | ||
If a child’s safety is at risk, the Ministry of Children and Family Development '''has to''' investigate. If a child protection worker from the | If a child’s safety is at risk, the Ministry of Children and Family Development '''has to''' investigate. If a child protection worker from the ministry decides there’s a risk of harm and the child needs protection, the worker can remove the child from the home. They don’t need a court order to do so. | ||
If the child protection authorities contact you or visit your home, you have the right to get legal advice. If you can’t afford a lawyer, you may qualify for a free lawyer from Legal Aid BC. [http://www.legalaid.bc.ca/legal_aid/legalAidOffices.php Their website lists legal aid service locations]. You can also call them at 604-408-2172 in | If the child protection authorities contact you or visit your home, you have the right to get legal advice. If you can’t afford a lawyer, you may qualify for a free lawyer from Legal Aid BC. [http://www.legalaid.bc.ca/legal_aid/legalAidOffices.php Their website lists legal aid service locations]. You can also call them at 604-408-2172 in Metro Vancouver or toll-free at 1-866-577-2525 elsewhere in BC. | ||
===The law protects children from abuse=== | ===The law protects children from abuse=== | ||
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* The preferred place for children to live is usually with their families. | * The preferred place for children to live is usually with their families. | ||
* Parents are mainly responsible for protecting their children. | * Parents are mainly responsible for protecting their children. | ||
* Child protection authorities should provide support services | * Child protection authorities should provide support services to help deal with identified child protection risks, and to help parents if they need help caring for their children. | ||
====The legal duty to report child abuse==== | ====The legal duty to report child abuse==== | ||
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* exposed to family violence | * exposed to family violence | ||
====How to report suspected child abuse==== | ====How to report suspected child abuse==== | ||
Someone can report suspected child abuse by phoning the Ministry of Children and Family Development’s screening line at 1-800-663-9122. The operators assess child protection reports from across the province, 24 hours a day. | Someone can report suspected child abuse by phoning the Ministry of Children and Family Development’s screening line at 1-800-663-9122. The operators assess child protection reports from across the province, 24 hours a day. | ||
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* getting information from people who know the family and the child | * getting information from people who know the family and the child | ||
If you’re a parent being investigated, you should get '''legal advice''' about your rights and options ''as soon as possible''. From a practical perspective, it’s important to cooperate with the Ministry of Children and Family Development. Otherwise, things can escalate and lead to the child’s removal. The | If you’re a parent being investigated, you should get '''legal advice''' about your rights and options ''as soon as possible''. From a practical perspective, it’s important to cooperate with the Ministry of Children and Family Development. Otherwise, things can escalate and lead to the child’s removal. The ministry can interview the child at school or daycare without telling you. This is often very upsetting for both you and your child. But while dealing with the ministry, it’s important to remain calm. | ||
===After a child protection investigation=== | ===After a child protection investigation=== | ||
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====When the child doesn’t need protection==== | ====When the child doesn’t need protection==== | ||
If the child protection worker decides the child isn’t at risk, no further action will be taken. But the worker can refer the parents to services available in the community if they so choose. | If the child protection worker decides the child '''isn’t''' at risk, no further action will be taken. But the worker can refer the parents to services available in the community if they so choose. | ||
====When the child needs protection==== | ====When the child needs protection==== | ||
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===What if I think my child has been wrongfully removed?=== | ===What if I think my child has been wrongfully removed?=== | ||
In some parenting cases, one parent makes a false report to the Ministry of Children and Family Development. Once a report of physical or sexual abuse is made, the | In some parenting cases, one parent makes a false report to the Ministry of Children and Family Development. Once a report of physical or sexual abuse is made, the ministry often reports it to the police. The child may have to undergo a medical examination to see if there’s any evidence of abuse. These steps are a regular part of the ministry’s investigation process. | ||
During the investigation, the accused parent will often have restricted access to the child. They may be allowed only supervised contact, or may not get to see the child at all. | During the investigation, the accused parent will often have restricted access to the child. They may be allowed only supervised contact, or may not get to see the child at all. | ||
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If you believe you’ve been wrongfully accused of abusing your child, and have little or no contact with them as a result, you can: | If you believe you’ve been wrongfully accused of abusing your child, and have little or no contact with them as a result, you can: | ||
* Make a request [https://www2.gov.bc.ca/gov/content/governments/about-the-bc-government/open-government/open-information/freedom-of-information/foi-faq#CommonFOI | * Make a request under the [https://www2.gov.bc.ca/gov/content/governments/about-the-bc-government/open-government/open-information/freedom-of-information/foi-faq#CommonFOI ''Freedom of Information and Protection of Privacy Act''] to see the ministry’s child protection file relating to the child. | ||
* Go to court and ask for an order for the police and the Ministry of Children and Family Development to produce their investigation records. But, you don’t have the legal right to know who made the report as this information is confidential. | * Go to court and ask for an order for the police and the Ministry of Children and Family Development to produce their investigation records. But, you don’t have the legal right to know who made the report as this information is confidential. | ||
* Ask the court to order a report [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-46/latest/rsbc-1996-c-46.html#sec59 | * Ask the court to order a report under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-46/latest/rsbc-1996-c-46.html#sec59 section 59 of the ''Child, Family and Community Service Act'']. This is a report that would be written by a doctor or psychiatrist after an examination of your spouse or child to help figure out if a child needs protection or some other court order. | ||
* Ask the court to set down a hearing to determine whether a child is in need of protection. | * Ask the court to set down a hearing to determine whether a child is in need of protection. | ||
