Family Violence and Child Protection - Revision history

Nate Russell: Clicklaw directory link edit

2024-08-27T23:50:29Z

Clicklaw directory link edit

← Older revision		Revision as of 23:50, 27 August 2024
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	\|ChapterEditors = [[Fiona Beveridge]] and [[Samantha Simpson]]		\|ChapterEditors = [[Fiona Beveridge]] and [[Samantha Simpson]]
	}}		}}
	{{~~Clicklawbadge~~		{{LSSbadge
	\|resourcetype = critical resources ~~and <br/> common questions~~ on		\|resourcetype = critical resources on
	\|link = [https://~~www~~.~~clicklaw~~.bc.ca/~~global~~/~~search?f=1151~~ child protection~~/removal~~]		\|link = [https://family.legalaid.bc.ca/children/child-protection Child protection]
	}}		}}

	==Child protection issues==		==Child protection issues==

	British Columbia's laws about child protection laws are found in the ''[~~http~~://canlii.ca/t/84dv Child, Family and Community Service Act]'' and its regulations. Child protection matters are heard in the Provincial Court, under the Provincial Court (Child, Family and Community Service Act) Rules, and may also be heard in the Supreme Court.		British Columbia's laws about child protection laws are found in the ''[https://canlii.ca/t/84dv Child, Family and Community Service Act]'' and its regulations. Child protection matters are heard in the Provincial Court, under the Provincial Court (Child, Family and Community Service Act) Rules, and may also be heard in the Supreme Court.

	Unlike normal family law proceedings where two former spouses decide how to proceed with their case, it's the provincial [https://www.gov.bc.ca/mcf/ Ministry of Children and Family Development], or an "Indigenous authority" under the CFCSA, that manages child protection proceedings. Once these authorities investigate a child protection concern, they have a legal duty to take steps, including possibly seeking court orders, to ensure the safety and well-being of children.		Unlike normal family law proceedings where two former spouses decide how to proceed with their case, it's the provincial [https://www.gov.bc.ca/mcf/ Ministry of Children and Family Development], or an "Indigenous authority" under the CFCSA, that manages child protection proceedings. Once these authorities investigate a child protection concern, they have a legal duty to take steps, including possibly seeking court orders, to ensure the safety and well-being of children.
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	* it can be critical to get legal advice about your legal rights in relation to the MCFD as early in the process as possible, and getting legal advice becomes more important as the investigation goes on,		* it can be critical to get legal advice about your legal rights in relation to the MCFD as early in the process as possible, and getting legal advice becomes more important as the investigation goes on,
	* if your child is removed, the ''[https://~~www~~.~~clicklaw.bc~~.ca/~~resource~~/~~1245~~ Child Protection and Removal]'' script from People's Law School's Dial-a-Law website talks about parents' legal rights and explains steps you can take, and		* if your child is removed, the ''[https://dialalaw.peopleslawschool.ca/child-protection/ Child Protection and Removal]'' script from People's Law School's Dial-a-Law website talks about parents' legal rights and explains steps you can take, and
	* Legal Aid BC's illustrated booklet ''[https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~1060~~ Parents' Rights, Kids' Rights: A Parent's Guide to Child Protection Law in BC]'' outlines the child protection process.		* Legal Aid BC's illustrated booklet ''[https://family.legalaid.bc.ca/resources/parents-rights-kids-rights Parents' Rights, Kids' Rights: A Parent's Guide to Child Protection Law in BC]'' outlines the child protection process.

	====Orders for supervision====		====Orders for supervision====
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	* the child be placed in the care of someone other than yourself.		* the child be placed in the care of someone other than yourself.

	To learn about the rest of the child protection process and the other hearings involved when the MCFD intervenes to remove a child, read Legal Aid BC's booklet ''[https://~~clicklaw~~.bc.ca/~~resource~~/~~1060~~ Parents' Rights, Kids' Rights: A Parent's Guide to Child Protection Law in BC]''		To learn about the rest of the child protection process and the other hearings involved when the MCFD intervenes to remove a child, read Legal Aid BC's booklet ''[https://family.legalaid.bc.ca/resources/parents-rights-kids-rights Parents' Rights, Kids' Rights: A Parent's Guide to Child Protection Law in BC]''

	==The Indigenous child protection process==		==The Indigenous child protection process==
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	==Resources and links==		==Resources and links==
	===Legislation===		===Legislation===
	* [~~http~~://canlii.ca/t/85tk Provincial Court (Child, Family and Community Service Act) Rules]		* [https://canlii.ca/t/85tk Provincial Court (Child, Family and Community Service Act) Rules]

	===Resources===		===Resources===
	* ~~Legal Aid BC's Family Law website's information pages on~~ [https://family.legalaid.bc.ca/~~children~~/child-protection ~~Child Protection]~~		* [https://family.legalaid.bc.ca/resources/if-you-cant-get-legal-aid-your-child-protection-case If You Can't Get Legal Aid for Your Child Protection Case] self-help guide from Legal Aid BC
	* Legal Aid BC's Aboriginal Legal Aid in BC [https://aboriginal.legalaid.bc.ca/ website]		* [https://legalaid.bc.ca/services/parents-legal-centres Parents Legal Centres]
	* Legal Aid BC's forms and self-~~help guide ''[https://www.clicklaw.bc.ca/resource/2745~~ If You Can't Get Legal Aid for Your Child Protection Case]''		* [https://family.legalaid.bc.ca/resources/parents-rights-kids-rights Parents' Rights, Kids' Rights: A Parent's Guide to Child Protection Law in BC] from Legal Aid BC
	* ~~Find a Parents Legal Centre on~~ [https://~~www.clicklaw~~.bc.ca/~~helpmap~~/~~service/1231 Clicklaw~~]
	* ~~Legal Aid BC's Family Law website's information page on~~ [https://~~clicklaw~~.~~bc.ca/resource/4642 ''Child protection'']~~
	* Legal Aid BC's booklet ''[https://clicklaw.bc.ca/~~resource~~/~~1060~~ Parents' Rights, Kids' Rights: A Parent's Guide to Child Protection Law in BC]''

	===Links===		===Links===
	*[~~http~~://www.gov.bc.ca/mcf/ Ministry of Children and Family Development]		*[https://www.gov.bc.ca/mcf/ Ministry of Children and Family Development]
	*[https://~~www~~.~~clicklaw~~.bc.ca/~~global~~/~~search?k=~~child~~%20protection Clicklaw resources for~~ child protection]		* [https://family.legalaid.bc.ca/children/child-protection Child Protection] from Legal Aid BC's Family Law website
			* [https://aboriginal.legalaid.bc.ca/child-family-rights/child-protection Child Protection] from Legal Aid BC's Family Law website for Aboriginal people

Nate Russell: From staging 2024

2024-01-15T23:13:35Z

From staging 2024

Show changes

Nate Russell at 02:01, 1 August 2019

2019-08-01T02:01:56Z

← Older revision		Revision as of 02:01, 1 August 2019
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	==Child protection issues==		==Child protection issues==

	The provincial [http://www.gov.bc.ca/mcf/ Ministry ~~for~~ Children ~~and~~ Family Development] is authorized to protect children from neglect and harm under the provincial ''[http://canlii.ca/t/84dv Child, Family and Community Service Act]''. Section 2 of the act sets out the guiding principles of the legislation:		The provincial [http://www.gov.bc.ca/mcf/ Ministry of Children & Family Development] is authorized to protect children from neglect and harm under the provincial ''[http://canlii.ca/t/84dv Child, Family and Community Service Act]''. Section 2 of the act sets out the guiding principles of the legislation:

	<blockquote><tt>This Act must be interpreted and administered so that the safety and well-being of children are the paramount considerations and in accordance with the following principles:</tt></blockquote>		<blockquote><tt>This Act must be interpreted and administered so that the safety and well-being of children are the paramount considerations and in accordance with the following principles:</tt></blockquote>
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	==Reporting children to the ministry==		==Reporting children to the ministry==

	Certain people, including mediators, parenting coordinators, doctors, teachers, psychologists, and psychiatrists, have a positive duty to report children in need of protection to the ministry. Section 14 of the ''Act'' imposes a similar duty on anyone who believes a child is in need of protection, and makes it an offence not to report a child to the ministry. In other words, anyone — including a parent — who thinks a child needs to be protected from abuse, neglect, harm, or the threat of harm, must report the problem to the [http://www.gov.bc.ca/mcf/ Ministry ~~for~~ Children and Family Development].		Certain people, including mediators, parenting coordinators, doctors, teachers, psychologists, and psychiatrists, have a positive duty to report children in need of protection to the ministry. Section 14 of the ''Act'' imposes a similar duty on anyone who believes a child is in need of protection, and makes it an offence not to report a child to the ministry. In other words, anyone — including a parent — who thinks a child needs to be protected from abuse, neglect, harm, or the threat of harm, must report the problem to the [http://www.gov.bc.ca/mcf/ Ministry of Children and Family Development].

	Once a child is reported as being at risk, the ministry will assess the report and determine whether an investigation by a social worker is necessary. The ''Act'' gives the social worker looking into the alleged problem a fairly broad authority to investigate the complaint.		Once a child is reported as being at risk, the ministry will assess the report and determine whether an investigation by a social worker is necessary. The ''Act'' gives the social worker looking into the alleged problem a fairly broad authority to investigate the complaint.
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	===Links===		===Links===
			*[http://www.gov.bc.ca/mcf/ Ministry of Children and Family Development]
	*[https://www.clicklaw.bc.ca/global/search?k=child%20protection Clicklaw resources for child protection]		*[https://www.clicklaw.bc.ca/global/search?k=child%20protection Clicklaw resources for child protection]
	*[https://clicklaw.bc.ca/resource/4642 Legal Services Society's Family Law website's information page on ~~child~~ protection]		*[https://clicklaw.bc.ca/resource/4642 Legal Services Society's Family Law website's information page on ''Child protection'']
	*''[~~http~~://clicklaw.bc.ca/resource/1060 Parents' Rights, Kids' Rights: A Parent's Guide to Child Protection Law in BC]''		*[https://clicklaw.bc.ca/resource/1060 Legal Services Society's booklet ''Parents' Rights, Kids' Rights: A Parent's Guide to Child Protection Law in BC'']

Nate Russell: /* Links */

2019-07-19T21:15:56Z

Links

← Older revision		Revision as of 21:15, 19 July 2019
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	===Links===		===Links===
	*[~~http~~://www.clicklaw.bc.ca/global/search?k=child%20protection Clicklaw resources for child protection]		*[https://www.clicklaw.bc.ca/global/search?k=child%20protection Clicklaw resources for child protection]
	*[https://clicklaw.bc.ca/resource/4642 Legal Services Society's Family Law website's information page on child protection]		*[https://clicklaw.bc.ca/resource/4642 Legal Services Society's Family Law website's information page on child protection]
	*''[http://clicklaw.bc.ca/resource/1060 Parents' Rights, Kids' Rights: A Parent's Guide to Child Protection Law in BC]''		*''[http://clicklaw.bc.ca/resource/1060 Parents' Rights, Kids' Rights: A Parent's Guide to Child Protection Law in BC]''

Nate Russell at 21:04, 19 July 2019

2019-07-19T21:04:30Z

← Older revision		Revision as of 21:04, 19 July 2019
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	*[http://www.clicklaw.bc.ca/global/search?k=child%20protection Clicklaw resources for child protection]		*[http://www.clicklaw.bc.ca/global/search?k=child%20protection Clicklaw resources for child protection]
	*[https://clicklaw.bc.ca/resource/4642 Legal Services Society's Family Law website's information page on child protection]		*[https://clicklaw.bc.ca/resource/4642 Legal Services Society's Family Law website's information page on child protection]
			*''[http://clicklaw.bc.ca/resource/1060 Parents' Rights, Kids' Rights: A Parent's Guide to Child Protection Law in BC]''

Nate Russell: /* Child protection issues */

2019-07-19T20:19:26Z

Child protection issues

← Older revision		Revision as of 20:19, 19 July 2019
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	<blockquote><blockquote><tt>(a) children are entitled to be protected from abuse, neglect and harm or threat of harm;</tt></blockquote></blockquote>		<blockquote><blockquote><tt>(a) children are entitled to be protected from abuse, neglect and harm or threat of harm;</tt></blockquote></blockquote>
	<blockquote><blockquote><tt>(b) a family is the preferred environment for the care and upbringing of children and the responsibility for the protection of children rests primarily with the parents;</tt></blockquote></blockquote>		<blockquote><blockquote><tt>(b) a family is the preferred environment for the care and upbringing of children and the responsibility for the protection of children rests primarily with the parents;</tt></blockquote></blockquote>
			<blockquote><blockquote><tt>(b.1) Indigenous families and Indigenous communities share responsibility for the upbringing and well-being of Indigenous children;</tt></blockquote></blockquote>
	<blockquote><blockquote><tt>(c) if, with available support services, a family can provide a safe and nurturing environment for a child, support services should be provided;</tt></blockquote></blockquote>		<blockquote><blockquote><tt>(c) if, with available support services, a family can provide a safe and nurturing environment for a child, support services should be provided;</tt></blockquote></blockquote>
	<blockquote><blockquote><tt>(d) the child's views should be taken into account when decisions relating to a child are made;</tt></blockquote></blockquote>		<blockquote><blockquote><tt>(d) the child's views should be taken into account when decisions relating to a child are made;</tt></blockquote></blockquote>
	<blockquote><blockquote><tt>(e) kinship ties and a child's attachment to the extended family should be preserved if possible;</tt></blockquote></blockquote>		<blockquote><blockquote><tt>(e) kinship ties and a child's attachment to the extended family should be preserved if possible;</tt></blockquote></blockquote>
	<blockquote><blockquote><tt>(f) ~~the cultural identity of aboriginal~~ children ~~should be preserved~~;</tt></blockquote></blockquote>		<blockquote><blockquote><tt>(f) Indigenous children are entitled to</tt></blockquote></blockquote>
			<blockquote><blockquote><blockquote><tt>(i) learn about and practise their Indigenous traditions, customs and languages, and</tt></blockquote></blockquote></blockquote>
			<blockquote><blockquote><blockquote><tt>(ii) belong to their Indigenous communities;</tt></blockquote></blockquote></blockquote>
	<blockquote><blockquote><tt>(g) decisions relating to children should be made and implemented in a timely manner.</tt></blockquote></blockquote>		<blockquote><blockquote><tt>(g) decisions relating to children should be made and implemented in a timely manner.</tt></blockquote></blockquote>

Corinne Shortridge: /* Links */

2019-07-16T22:46:36Z

Links

← Older revision		Revision as of 22:46, 16 July 2019
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	===Links===		===Links===
	*[http://www.clicklaw.bc.ca/global/search?k=child%20protection Clicklaw resources for child protection]		*[http://www.clicklaw.bc.ca/global/search?k=child%20protection Clicklaw resources for child protection]
	*[~~http~~://~~www.familylaw.lss~~.bc.ca/~~legal_issues~~/~~childProtectionBasics.php~~ Family Law ~~in British Columbia~~ website information on child protection~~/removal~~]		*[https://clicklaw.bc.ca/resource/4642 Legal Services Society's Family Law website's information page on child protection]

Corinne Shortridge: /* When your child is removed */

2019-07-03T18:12:56Z

When your child is removed

← Older revision		Revision as of 18:12, 3 July 2019
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	Again, while you are not required to have a lawyer at this hearing, the help of one is strongly recommended.		Again, while you are not required to have a lawyer at this hearing, the help of one is strongly recommended.

	At the conclusion of the period of time specified in the court order, the status of your child will normally be reviewed. It may be critical that you use the intervening period of time to comply with any directions made by the court or ~~the~~ recommendations of the ministry about things such as special courses, programs or services that you should take, since the court will be looking to see whether the risks or deficiencies that caused the child to be removed are still there. If nothing has changed, the terms of the order will likely be continued.		At the conclusion of the period of time specified in the court order, the status of your child will normally be reviewed. It may be critical that you use the intervening period of time to comply with any directions made by the court or recommendations of the ministry about things such as special courses, programs, or services that you should take, since the court will be looking to see whether the risks or deficiencies that caused the child to be removed are still there. If nothing has changed, the terms of the order will likely be continued.

	To find out more about your rights when the ministry has concerns about a child's safety or plans to remove a child from the family home, you may wish to read the booklet ''[http://clicklaw.bc.ca/resource/1060 Parents' Rights, Kids' Rights: A Parent's Guide to Child Protection Law in BC]''.		To find out more about your rights when the ministry has concerns about a child's safety or plans to remove a child from the family home, you may wish to read the booklet ''[http://clicklaw.bc.ca/resource/1060 Parents' Rights, Kids' Rights: A Parent's Guide to Child Protection Law in BC]''.

Corinne Shortridge: /* Reporting children to the ministry */

2019-07-03T18:09:33Z

Reporting children to the ministry

← Older revision		Revision as of 18:09, 3 July 2019
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	==Reporting children to the ministry==		==Reporting children to the ministry==

	Certain people, including mediators, parenting coordinators, doctors, teachers, psychologists and psychiatrists, have a positive duty to report children in need of protection to the ministry. Section 14 of the ''Act'' imposes a similar duty on anyone who believes a child is in need of protection, and makes it an offence not to report a child to the ministry. In other words, anyone — including a parent — who thinks a child needs to be protected from abuse, neglect, harm or the threat of harm, must report the problem to the [http://www.gov.bc.ca/mcf/ Ministry for Children and Family Development].		Certain people, including mediators, parenting coordinators, doctors, teachers, psychologists, and psychiatrists, have a positive duty to report children in need of protection to the ministry. Section 14 of the ''Act'' imposes a similar duty on anyone who believes a child is in need of protection, and makes it an offence not to report a child to the ministry. In other words, anyone — including a parent — who thinks a child needs to be protected from abuse, neglect, harm, or the threat of harm, must report the problem to the [http://www.gov.bc.ca/mcf/ Ministry for Children and Family Development].

	Once a child is reported as being at risk, the ministry will assess the report and determine whether an investigation by a social worker is necessary. The ''Act'' gives the social worker looking into the alleged problem a fairly broad authority to investigate the complaint.		Once a child is reported as being at risk, the ministry will assess the report and determine whether an investigation by a social worker is necessary. The ''Act'' gives the social worker looking into the alleged problem a fairly broad authority to investigate the complaint.

Fiona Beveridge: /* Resources and links */

2019-05-09T16:30:47Z

Resources and links

← Older revision		Revision as of 16:30, 9 May 2019
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	{{REVIEWED \| reviewer = [[~~Gayle Raphanel~~]] and [[Samantha Simpson]], ~~August 10~~, ~~2017~~}}		{{REVIEWED \| reviewer = [[Fiona Beveridge]] and [[Samantha Simpson]], April 30, 2019}}

	{{JP Boyd on Family Law Navbox\|type=chapters}}		{{JP Boyd on Family Law Navbox\|type=chapters}}