Child Protection and Removal - Revision history

Elena Renderos at 04:41, 29 April 2021

2021-04-29T04:41:03Z

← Older revision		Revision as of 04:41, 29 April 2021
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	{{REVIEWEDPLS \| reviewer = [https://churcherlaw.com/ Christine Churcher], Churcher Law\|date= April 2020}} {{Dial-A-Law TOC\|expanded = children}}		{{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 child protection law.		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==

Elena Renderos at 04:40, 29 April 2021

2021-04-29T04:40:41Z

Elena Renderos: /* With more information */

2020-09-27T19:25:22Z

With more information

← Older revision		Revision as of 19:25, 27 September 2020
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	'''Legal Aid BC''' has publications for parents about child protection law, including booklets and brochures.		'''Legal Aid BC''' has publications for parents about child protection law, including booklets and brochures.

	* ~~Bulleted list item~~		* [https://legalaid.bc.ca/publications/subject/20 Visit website]
	[https://legalaid.bc.ca/publications/subject/20 Visit website]

	Legal Aid BC’s '''Family Law in BC website''' includes detailed information on child protection and removal.		Legal Aid BC’s '''Family Law in BC website''' includes detailed information on child protection and removal.

Elena Renderos: /* What if I think my child has been wrongfully removed? */

2020-09-27T19:25:05Z

What if I think my child has been wrongfully removed?

← Older revision		Revision as of 19:25, 27 September 2020
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	* 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 under 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 order a report [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-46/latest/rsbc-1996-c-46.html#sec59 under 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.
	*
	==Who can help==		==Who can help==

Elena Renderos: /* Will the police be informed? */

2020-09-27T19:24:39Z

Will the police be informed?

← Older revision		Revision as of 19:24, 27 September 2020
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	===Will the police be informed?===		===Will the police be informed?===
	The Ministry of Children and Family Development will inform the police if a report of suspected abuse suggests a child may have been:		The Ministry of Children and Family Development will inform the police if a report of suspected abuse suggests a child may have been:
	*
	* physically harmed,		* physically harmed,
	* sexually abused, or		* sexually abused, or

Elena Renderos at 18:07, 27 September 2020

2020-09-27T18:07:50Z

Show changes

Elena Renderos: Elena Renderos moved page Child Protection and Removal (No. 141) to Child Protection and Removal: Removing recording numbers from page names

2020-09-12T01:43:34Z

Elena Renderos moved page Child Protection and Removal (No. 141) to Child Protection and Removal: Removing recording numbers from page names

← Older revision	Revision as of 01:43, 12 September 2020
(No difference)

Drew Jackson at 22:36, 29 March 2019

2019-03-29T22:36:39Z

← Older revision		Revision as of 22:36, 29 March 2019
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	{{REVIEWEDPLS \| reviewer = [https://www.butterfieldlaw.ca/about-us/ Michael Butterfield], Butterfield Law, and [http://www.panchmatiacrimp.com/profiles.html Viba Panchmatia], Viba Panchmatia Law Corporation\|date= October 2018}} {{Dial-A-Law TOC\|expanded = children}}		{{REVIEWEDPLS \| reviewer = [https://www.butterfieldlaw.ca/about-us/ Michael Butterfield], Butterfield Law, and [http://www.panchmatiacrimp.com/profiles.html Viba Panchmatia], Viba Panchmatia Law Corporation\|date= October 2018}} {{Dial-A-Law TOC\|expanded = children}}
	If someone reports that a child has been abused (or is likely to be), it starts a legal process designed to keep the child safe. Learn about child protection law.		If someone reports that a child has been abused (or is likely to be), it starts a legal process designed to keep the child safe. Learn about '''child protection law'''.

	==Understand your legal rights==		==Understand your legal rights==
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	:Web: [https://www2.gov.bc.ca/gov/content/safety/public-safety/protecting-children gov.bc.ca/mcfd]		:Web: [https://www2.gov.bc.ca/gov/content/safety/public-safety/protecting-children gov.bc.ca/mcfd]


	~~----~~
	~~----~~
	{{Dial-A-Law_Navbox\|type=families}}		{{Dial-A-Law_Navbox\|type=families}}
	{{Dial-A-Law Copyright}}		{{Dial-A-Law Copyright}}

Elena Renderos at 05:27, 25 March 2019

2019-03-25T05:27:38Z

← Older revision		Revision as of 05:27, 25 March 2019
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	{{~~Dial-A~~-Law ~~Blurb~~}}		{{REVIEWEDPLS \| reviewer = [https://www.butterfieldlaw.ca/about-us/ Michael Butterfield], Butterfield Law, and [http://www.panchmatiacrimp.com/profiles.html Viba Panchmatia], Viba Panchmatia Law Corporation\|date= October 2018}} {{Dial-A-Law TOC\|expanded = children}}

	{{Dial-A-Law TOC\|expanded = ~~family~~}}
	If someone reports that a child has been abused (or is likely to be), it starts a legal process designed to keep the child safe. Learn about child protection law.		If someone reports that a child has been abused (or is likely to be), it starts a legal process designed to keep the child safe. Learn about child protection law.

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	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.

	For more details, see our information on [[Reporting Suspected Child Abuse (~~Script~~ 156)\|reporting suspected child abuse (no. 156)]].		For more details, see our information on [[Reporting Suspected Child Abuse (No. 156)\|reporting suspected child abuse (no. 156)]].

	===When a report of suspected child abuse is made===		===When a report of suspected child abuse is made===
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	:Web: [https://www2.gov.bc.ca/gov/content/safety/public-safety/protecting-children gov.bc.ca/mcfd]		:Web: [https://www2.gov.bc.ca/gov/content/safety/public-safety/protecting-children gov.bc.ca/mcfd]



	~~[updated October 2018]~~

	'''The above was last reviewed for legal accuracy by [https://www.butterfieldlaw.ca/about-us/ Michael Butterfield], Butterfield Law, and [http://www.panchmatiacrimp.com/profiles.html Viba Panchmatia], Viba Panchmatia Law Corporation.'''

	----		----
	----		----
			{{Dial-A-Law_Navbox\|type=families}}
	{{Dial-A-Law Copyright}}		{{Dial-A-Law Copyright}}

	~~{{Dial-A-Law_Navbox\|type=family}}~~

Drew Jackson: Drew Jackson moved page Child Protection and Removal (Script 141) to Child Protection and Removal (No. 141): align with new Dial-A-Law website

2019-03-22T00:31:59Z

Drew Jackson moved page Child Protection and Removal (Script 141) to Child Protection and Removal (No. 141): align with new Dial-A-Law website

← Older revision	Revision as of 00:31, 22 March 2019
(No difference)

← Older revision		Revision as of 04:40, 29 April 2021
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	{{REVIEWEDPLS \| reviewer = [https://~~www.butterfieldlaw.ca/about-us/ Michael Butterfield], Butterfield Law, and [http://www.panchmatiacrimp~~.com/~~profiles.html Viba Panchmatia~~], ~~Viba Panchmatia~~ Law ~~Corporation~~\|date= ~~October 2018~~}} {{Dial-A-Law TOC\|expanded = children}}		{{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 ~~'''~~child protection~~'''~~ law.		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 ~~Ministry~~===		===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 ~~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 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 ~~Greater~~ Vancouver or toll-free at 1-866-577-2525 elsewhere in BC.		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.
	** 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 ~~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.		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 ~~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.		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 ~~under the~~ ''Freedom of Information and Protection of Privacy Act''] to see the ~~Ministry’s~~ child protection file relating to the child.		* 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 ~~under~~ 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 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.