Children and the Law (3:XII) - Revision history

LSLAP at 19:52, 10 November 2025

2025-11-10T19:52:20Z

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	Reports to the Ministry are anonymous. No action lies against a person making a report unless it is made maliciously or without reasonable grounds. Failure to report cases of abuse or exploitation constitutes an offence (s 14(3)), even when the information was confidential or privileged, '''except''' for when the information was obtained through a solicitor-client relationship (s 14(2)). The Director under the ''CFCSA'' must assess the information reported (s 16). Case law has demonstrated that the duty of the director to act is actually broader than the legislated duty: see ''[https://canlii.ca/t/1dz13 BS v British Columbia (Director of Children, Family, and Community Services)]'', [1998] 8 WWR 1 (BCCA).		Reports to the Ministry are anonymous. No action lies against a person making a report unless it is made maliciously or without reasonable grounds. Failure to report cases of abuse or exploitation constitutes an offence (s 14(3)), even when the information was confidential or privileged, '''except''' for when the information was obtained through a solicitor-client relationship (s 14(2)). The Director under the ''CFCSA'' must assess the information reported (s 16). Case law has demonstrated that the duty of the director to act is actually broader than the legislated duty: see ''[https://canlii.ca/t/1dz13 BS v British Columbia (Director of Children, Family, and Community Services)]'', [1998] 8 WWR 1 (BCCA).

	== 4. Removal ==		=== 4. Removal ===

	Under the ''Child, Family and Community Service Act [CFCSA]'', the Ministry for Children and Families has different options to deal with an unattended child (s 25), or a lost or runaway child (s 26). Pursuant to these sections, the Ministry can take the child for up to 72 hours without formally removing the child from their parents. Furthermore, the Ministry can take a child away to provide essential health care without legally removing the child, provided that the Ministry first obtains a court order under s 29 of the ''CFCSA''. In situations where there are reasonable grounds to believe that the child’s health or safety is in immediate danger, a police officer may take charge of the child (s 27).		Under the ''Child, Family and Community Service Act [CFCSA]'', the Ministry for Children and Families has different options to deal with an unattended child (s 25), or a lost or runaway child (s 26). Pursuant to these sections, the Ministry can take the child for up to 72 hours without formally removing the child from their parents. Furthermore, the Ministry can take a child away to provide essential health care without legally removing the child, provided that the Ministry first obtains a court order under s 29 of the ''CFCSA''. In situations where there are reasonable grounds to believe that the child’s health or safety is in immediate danger, a police officer may take charge of the child (s 27).

LSLAP at 16:49, 10 November 2025

2025-11-10T16:49:36Z

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	{{REVIEWED LSLAP \| date= ~~June 23~~, ~~2024~~}}		{{REVIEWED LSLAP \| date= November 8, 2025}}
	{{LSLAP Manual TOC\|expanded = family}}		{{LSLAP Manual TOC\|expanded = family}}

LSLAP at 16:45, 10 November 2025

2025-11-10T16:45:07Z

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LSLAP: /* 2. Canada Child Benefit */

2025-11-10T12:19:07Z

2. Canada Child Benefit

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	=== 2. Canada Child Benefit ===		=== 2. Canada Child Benefit ===

	In July 2016, the Government replaced the Universal Childcare Benefit (UCCB) and the Canadian Child Tax Benefit (CCTB) with the Canada Child Benefit (CCB), a benefit paid monthly to help eligible families provide ~~child care~~ for their children under 18 years of age. ~~The~~ CCB provides families up to $6,~~400~~ annually for a child less than 6 years of age, and up to $5,~~400~~ annually for a child aged 6 to 17. The CCB benefit is reduced based on the family’s income and the number of children. When the family’s income exceeds $30,~~000~~ or there is more than one child in a family whose income exceeds $30,~~000~~, the CCB starts being reduced, and, eventually, the CCB benefit reaches $0. The CCB benefit is tax free. One must apply for CCB through Canada Revenue Agency.		In July 2016, the Government replaced the Universal Childcare Benefit (UCCB) and the Canadian Child Tax Benefit (CCTB) with the Canada Child Benefit (CCB), a benefit paid monthly to help eligible families provide childcare for their children under 18 years of age. At the time of writing (July 2025), the CCB provides families up to $7,997 annually for a child less than 6 years of age, and up to $6,478 annually for a child aged 6 to 17. The CCB benefit is reduced based on the family’s income and the number of children. When the family’s income exceeds $37,487 or there is more than one child in a family whose income exceeds $37,487, the CCB starts being reduced, and, eventually, the CCB benefit reaches $0. The CCB benefit is tax free. One must apply for CCB through Canada Revenue Agency.

	For more information on eligibility, the application process, the calculation of the amount of the benefit based on number of children and household income, and access to an online application, visit the Canada Revenue Agency website at https://www.canada.ca/en/revenue-agency.html or call 1-800-387-1193 Monday to Friday from ~~8am~~ to ~~8pm~~ or Saturdays from ~~9am~~ to ~~5pm~~.		For more information on eligibility, the application process, the calculation of the amount of the benefit based on number of children and household income, and access to an online application, visit the Canada Revenue Agency website at https://www.canada.ca/en/revenue-agency.html or call 1-800-387-1193 Monday to Friday from 8 AM to 8 PM or Saturdays from 9 AM to 5 PM.


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LSLAP: /* 1. Child Disability Benefit */

2025-11-10T12:18:50Z

1. Child Disability Benefit

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	=== 1. Child Disability Benefit ===		=== 1. Child Disability Benefit ===

	The Child Disability Benefit (CDB) is a non-taxable supplement to the Canada Child Tax Benefit (CCTB) and Children’s Special Allowance. To receive the CDB, a child must be eligible to receive the CCTB and must also qualify for the Disability Tax Credit (DTC). Not all children with disabilities qualify. For more information about eligibility visit the [https://www.canada.ca/en/revenue-agency/services/child-family-benefits/child-disability-benefit.html ~~Canada Revenue Agency website]~~ or call 1-800-387-1193.		The Child Disability Benefit (CDB) is a non-taxable supplement to the Canada Child Tax Benefit (CCTB) and Children’s Special Allowance. To receive the CDB, a child must be eligible to receive the CCTB and must also qualify for the Disability Tax Credit (DTC). Not all children with disabilities qualify. For more information about eligibility visit the Canada Revenue Agency website at https://www.canada.ca/en/revenue-agency/services/child-family-benefits/child-disability-benefit.html or call 1-800-387-1193.

	~~The~~ CDB provides up to $2,~~730~~ per year, per child who qualifies for the disability amount, for low- and modest-income families caring for children under the age of 18 who have a severe and prolonged mental or physical impairment.		At the time of writing (July 2025), the CDB provides up to $3,411 per year, per child who qualifies for the disability amount, for low- and modest-income families caring for children under the age of 18 who have a severe and prolonged mental or physical impairment.

	=== 2. Canada Child Benefit ===		=== 2. Canada Child Benefit ===

LSLAP: /* E. Child Leaving Home or Parent Giving Up Custody of a Child */

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E. Child Leaving Home or Parent Giving Up Custody of a Child

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	== E. Child Leaving Home or Parent Giving Up Custody of a Child ==		== E. Child Leaving Home or Parent Giving Up Custody of a Child ==

	Children may leave home before the age of majority, or alternatively, parents may ~~voluntary~~ give up legal custody of their children. Please note that “emancipation” (a legal mechanism by which a person may be legally separated from their parents before the age of majority) is not a legal remedy for children in BC as it is in some parts of the United States.		Children may leave home before the age of majority, or alternatively, parents may voluntarily give up legal custody of their children. Please note that “emancipation” (a legal mechanism by which a person may be legally separated from their parents before the age of majority) is not a legal remedy for children in B.C. as it is in some parts of the United States.

	=== 1. Rights of the Child ===		=== 1. Rights of the Child ===
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	Children may leave home as soon as they are able to support themselves. The following considerations should be kept in mind:		Children may leave home as soon as they are able to support themselves. The following considerations should be kept in mind:

	*a) Under the ''School Act'', a child must attend school until age 16 (s 3(1)(b)). It would be extremely difficult for the child to go to school and maintain a job to support themselves sufficiently at a younger age than this;		#Under the ''School Act'', a child must attend school until age 16 (s. 3(1)(b)). It would be extremely difficult for the child to go to school and maintain a job to support themselves sufficiently at a younger age than this;
	*b) A child under 15 needs written permission from their parent or guardian prior to working (~~[http://www.bclaws.ca/Recon/document/ID/freeside/00_96113_01~~ ''Employment Standards Act'', RSBC 1996, ~~c 113]~~, s 9(1)). Additionally, a child under 12 needs the written permission of the Director of Employment Standards prior to working (s 9(2));		#A child under 15 needs written permission from their parent or guardian prior to working (''Employment Standards Act'', RSBC 1996, c113, s. 9(1)). Additionally, a child under 12 needs the written permission of the Director of Employment Standards prior to working (s. 9(2));
	*c) Pursuant to s 26(1) of the ''Child, Family and Community Service Act'' [''CFCSA''], a Director may take charge of a child for a period of up to 72 hours if it appears that the child is lost or has run away. If the person responsible for the child is not located by the end of the 72-hour period, the Director no longer has charge of the child (s 26(5)). (Note that “child” is defined in the ''CFCSA'' as a person under the age of 19 years, and includes a youth.); and		#Pursuant to s. 26(1) of the ''Child, Family and Community Service Act [CFCSA]'', a Director may take charge of a child for a period of up to 72 hours if it appears that the child is lost or has run away. If the person responsible for the child is not located by the end of the 72-hour period, the Director no longer has charge of the child (s. 26(5)). (Note that “child” is defined in the ''CFCSA'' as a person under the age of 19 years and includes a youth.); and
	*d) A child under 19 may qualify for social assistance if they do not live with a parent or guardian, and if the ministry is convinced that no parental support is being provided.		#A child under 19 may qualify for social assistance if they do not live with a parent or guardian, and if the ministry is convinced that no parental support is being provided.

	=== 2. Giving Up Custody of a Child ===		=== 2. Giving Up Custody of a Child ===

	There are two basic ways that a parent can voluntarily give up legal custody of a child. This is done by transferring the rights that the parent possessed through one of the following mechanisms:		There are two basic ways that a parent can voluntarily give up legal custody of a child under the ''Adoption Act'', RSBC 1996, c 5. This is done by transferring the rights that the parent possessed through one of the following mechanisms:
	*a) By the parent(s) consenting to the adoption of the child by other persons (~~''Adoption Act'', RSBC 1996, c 5,~~ s 13(1)); or
	*b) By a written agreement between the parent and the Director of Child, Family and Community Service where the parent transfers their rights to the Director (s 23).		#By the parent(s) consenting to the adoption of the child by other persons (s. 13(1)); or
			#By a written agreement between the parent and the Director of Child, Family and Community Service where the parent transfers their rights to the Director (s. 23).

	== F. Child Benefits ==		== F. Child Benefits ==

LSLAP: /* 12. Priority in Placing Aboriginal Children with an Aboriginal Family */

2025-11-10T12:15:04Z

12. Priority in Placing Aboriginal Children with an Aboriginal Family

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	=== 12. Priority in Placing Aboriginal Children with an Aboriginal Family ===		=== 12. Priority in Placing Aboriginal Children with an Aboriginal Family ===

	The Director must give priority to placing an Aboriginal child with the child’s extended family within the child’s Aboriginal community or with another Aboriginal family (s 71(3)). Section 39(1) mandates notification of the band. See also ss 2(f), 3(b) and (c), and 4(2) of the ''CFCSA''. If a child is of mixed heritage, the Ministry will generally treat the child as an Aboriginal child and notify the band accordingly.		The Director must give priority to placing an Aboriginal child with the child’s extended family within the child’s Aboriginal community or with another Aboriginal family (s. 71(3)). Section 39(1) mandates notification of the band. See also ss. 2(f), 3(b) and (c), and 4(2) of the ''CFCSA''. If a child is of mixed heritage, the Ministry will generally treat the child as an Aboriginal child and notify the band accordingly.

	Certain additional considerations are provided throughout the Act for an Aboriginal, Nisga’a or treaty First Nations child.		Certain additional considerations are provided throughout the Act for an Aboriginal, Nisga’a or treaty First Nations child.

LSLAP: /* 11. Priority in Placing Children with a Relative */

2025-11-10T12:03:39Z

11. Priority in Placing Children with a Relative

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	Children under protection can be placed in the custody of extended family or other concerned parties (s. 8). This is known as a “kith and kin” agreement. The Director may also refer the matter to a family conference co-ordinator to allow the family to reach an agreement on a “plan of care” that serves the best interests of the child (ss. 20, 21).		Children under protection can be placed in the custody of extended family or other concerned parties (s. 8). This is known as a “kith and kin” agreement. The Director may also refer the matter to a family conference co-ordinator to allow the family to reach an agreement on a “plan of care” that serves the best interests of the child (ss. 20, 21).

	Relatives looking after a child in their home may be eligible for the child tax benefit, the B.C. family bonus, the universal childcare benefit, and/or the child disability benefit. For more information, see: https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/eligibility/child-in-home-of-relative.		Relatives looking after a child in their home may be eligible for the child tax benefit, the B.C. family bonus, the universal childcare benefit, and/or the child disability benefit. For more information, see https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/eligibility/child-in-home-of-relative.

	An alternative (but not a substitute) for relatives to consider is the Extended Family Program benefits available through the Ministry of Children and Family Development (see https://www2.gov.bc.ca/gov/content/family-social-supports/fostering/out-of-care-kinship-care-options-for-children-and-youth-in-bc/temporary-out-of-care-arrangements) These benefits are intended to be temporary and the relative is not eligible if they have a guardianship order. The application for benefits must be initiated by the child’s parent.		An alternative (but not a substitute) for relatives to consider is the Extended Family Program benefits available through the Ministry of Children and Family Development (see https://www2.gov.bc.ca/gov/content/family-social-supports/fostering/out-of-care-kinship-care-options-for-children-and-youth-in-bc/temporary-out-of-care-arrangements) These benefits are intended to be temporary and the relative is not eligible if they have a guardianship order. The application for benefits must be initiated by the child’s parent.

LSLAP: /* 11. Priority in Placing Children with a Relative */

2025-11-10T12:03:04Z

11. Priority in Placing Children with a Relative

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	=== 11. Priority in Placing Children with a Relative ===		=== 11. Priority in Placing Children with a Relative ===

	When deciding where to place a child, the Director must consider the child’s best interests (s 71(1)). The Director must give priority to placing the child with a relative before considering a foster parent, unless that is inconsistent with the child’s best interests (s 71(2)).		When deciding where to place a child, the Director must consider the child’s best interests (s. 71(1)). The Director must give priority to placing the child with a relative before considering a foster parent, unless that is inconsistent with the child’s best interests (s. 71(2)).

	Children under protection can be placed in the custody of extended family or other concerned parties (s 8). This is known as a “kith and kin” agreement. The Director may also refer the matter to a ~~familyconference~~ co-ordinator to allow the family to reach an agreement on a ~~‘plan~~ of ~~care’~~ that serves the best interests of the child (ss 20, 21).		Children under protection can be placed in the custody of extended family or other concerned parties (s. 8). This is known as a “kith and kin” agreement. The Director may also refer the matter to a family conference co-ordinator to allow the family to reach an agreement on a “plan of care” that serves the best interests of the child (ss. 20, 21).

	Until March 31, 2010, a relative caring for a child residing in their home may have been eligibleto receive monthly Child in the Home of a Relative (“CIHR”) benefits from the Ministry of Social Development (previously the Ministry of Employment and Income Assistance). As of April 1, 2010, these benefits are no longer available to new applicants. In the absence of the CIHR benefits, relatives looking after a child in their home may be eligible for the child tax benefit, the B.C. family bonus, the universal ~~child care~~ benefit, and/or the child disability benefit. For more information, see:		Relatives looking after a child in their home may be eligible for the child tax benefit, the B.C. family bonus, the universal childcare benefit, and/or the child disability benefit. For more information, see: https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/eligibility/child-in-home-of-relative.

	~~https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/eligibility/child-in-home-of-relative.~~		An alternative (but not a substitute) for relatives to consider is the Extended Family Program benefits available through the Ministry of Children and Family Development (see https://www2.gov.bc.ca/gov/content/family-social-supports/fostering/out-of-care-kinship-care-options-for-children-and-youth-in-bc/temporary-out-of-care-arrangements) These benefits are intended to be temporary and the relative is not eligible if they have a guardianship order. The application for benefits must be initiated by the child’s parent.

	An alternative (but not a substitute) for relatives to consider is the Extended Family Program benefits available through the Ministry of Children and Family Development (see https://www2.gov.bc.ca/gov/content/family-social-supports/fostering/out-of-care-kinship-care-options-for-children-and-youth-in-bc/temporary-out-of-care-arrangements).

	These benefits are intended to be temporary and the relative is not eligible if they have a guardianship order. The application for benefits must be initiated by the child’s parent.

	=== 12. Priority in Placing Aboriginal Children with an Aboriginal Family ===		=== 12. Priority in Placing Aboriginal Children with an Aboriginal Family ===

LSLAP: /* 10. Rights of Children in Care of the Director */

2025-11-10T12:02:26Z

10. Rights of Children in Care of the Director

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	=== 10. Rights of Children in Care of the Director ===		=== 10. Rights of Children in Care of the Director ===

	Section 70 of the ''Child, Family and Community Service Act'' [''CFCSA''] sets out the rights to which children are entitled while in care of the Director. Children in care have the right to be fed, clothed, and nurtured according to community standards; be informed about plans regarding their care; be consulted with respect to decisions affecting them; reasonable privacy and possession of their personal belongings; be free from corporal punishment; and receive medical and dental care when required. For a complete list of enumerated rights, see s 70.		Section 70 of the ''Child, Family and Community Service Act [CFCSA]'' sets out the rights to which children are entitled while in care of the Director. Children in care have the right to be fed, clothed, and nurtured according to community standards; be informed about plans regarding their care; be consulted with respect to decisions affecting them; reasonable privacy and possession of their personal belongings; be free from corporal punishment; and receive medical and dental care when required. For a complete list of enumerated rights, see s. 70.

	=== 11. Priority in Placing Children with a Relative ===		=== 11. Priority in Placing Children with a Relative ===