The Ministry Has Taken My Kids: Difference between revisions

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Revision as of 00:13, 18 March 2010

The Ministry of Children and Family Development or a delegated agency has the authority to remove children from their home if they are "in need of protection" because they believe that a child has been

abused or neglected, or is likely to be abused or neglected. If the Ministry removes the child or children, the matter is taken to Family Court until it is resolved. Template:Quote box

First steps[edit]

  1. If you need a lawyer but cannot afford one on your own, apply for legal aid representation. (See Legal Aid Representation in Part 2 of this guide for information about applying for legal aid.) If you qualify, the Legal Services Society will appoint a lawyer to advise you and represent you in court.
  2. If you don't have a lawyer, consider getting some legal advice. Child protection is a very emotional issue and difficult to face without legal advice and support. See if there is an advocate in your community who can help. PovNet (listed in the Resource Guide in part 2) has a "Find an Advocate" feature on their website. As well, family duty counsel can provide advice services.
  3. Contact the worker who removed your child, and see if you can negotiate for either the return of your child or access to your child while in Ministry care. Take a friend or advocate with you when you speak to the worker. Make sure you have a lawyer review any agreement before you sign it.
  4. Within 7 days of removing the child, the Ministry must go to Family Court and explain to a judge why the child was removed and what their plans are for the child until the matter is resolved. Attend this hearing. Even if you can't convince the judge to return the child right away, you can ask the judge for access to the child. There is usually a duty counsel lawyer in Family Court who can assist you on the day of court.

What happens next[edit]

At the first court appearance, the judge will set a date for a presentation hearing. At this hearing, you will have a chance to convince the judge why the child should be returned to you. The judge may decide to make a supervision order (returning the child to you under supervision of the Ministry) or a custody order (leaving the child in the care of the Ministry) until a protection hearing is held.

A protection hearing must begin within 45 days from the end of the presentation hearing. Before or after the commencement of the protection hearing, you will probably be asked to attend a case conference (a meeting with a judge and the Ministry to see if you can reach an agreement about the child's care). If there is no agreement, the judge will hold a protection hearing. At the end of it, the judge may order that the child be returned to a parent or other person, remain in the custody of the Ministry for a period of time or, in rare and serious cases, remain in the custody of the Ministry on a continuing basis.

Where to get help[edit]

See the Resource Guide in Part 2 for a list of helpful resources. Your best bets are:

Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview in Part 3 of this guide. Make sure you bring copies of all documents relating to your case. Template:Quote box