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{{Dial-A-Law TOC|expanded = family}}
{{Dial-A-Law TOC|expanded = family}}
This script discusses investigating a child protection report, what the results can be (including removing a child from home), and the court hearing that occurs when a child is removed.
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
==Know when you need a lawyer==
Getting legal advice       
If the Ministry of Children and Family Development becomes concerned about the welfare of your child or has removed your child, you should talk to a lawyer as soon as possible. You should consult with a lawyer at any time during a child protection investigation or a court hearing.
The government has the power to remove (take) children from their home. They don’t need a court order to do that. If the child welfare authorities contact you or visit your home, you have the right to get legal advice.
 
If you cannot afford a lawyer, you may qualify for a free lawyer from legal aid. The Legal Services Society website lists legal aid service locations. Visit legalaid.bc.ca. You can also call legal aid at 604-408-2172 in Greater Vancouver or toll-free at 1-866-577-2525 elsewhere in BC.
If you cannot afford a lawyer and your child has been taken into care, you may be able to get a free lawyer from the [https://lss.bc.ca/legal_aid/FamilyLawLINE.php Legal Services Society] (LSS). Its website lists [http://www.legalaid.bc.ca/legal_aid/legalAidOffices.php Legal aid locations]. You can also call the LSS at 604.408.2172 (Greater Vancouver) or 1.866.577.2525 (toll free, elsewhere in BC).
The law protects children from abuse
 
In BC, a law called the Child, Family and Community Service Act protects children. This law includes these principles to keep children safe and well cared for:
==Duty to report need for protection==
Children have a right to be protected from abuse, neglect and harm or threat of harm.
[http://www.bclaws.ca/civix/document/id/complete/statreg/96046_01#section14 Section 14] of the BC ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96046_01 Child, Family and Community Service Act]'' says that anyone who believes that:
The best place for children to live is usually with their families.
*the child has been, or is likely to be, physically harmed by the child’s parent;
Parents are mainly responsible for protecting their children.
*the child has been, or is likely to be, sexually abused or exploited by the child’s parent;
If parents need help to care for their children, child welfare authorities should provide support services.
*the child has been, or is likely to be, physically harmed, sexually abused or sexually exploited by another person and if the child’s parent is unwilling or unable to protect the child;
The legal duty to report child abuse
*the child has been, or is likely to be, physically harmed because of neglect;
Under this BC law, a person who believes a child has been abused, or is likely to be abused, must report it to the child welfare authorities. The law sets out circumstances of when a child needs protection due to abuse. They include:       
*the child is emotionally harmed by the parent’s conduct;
a child has been physically harmed, sexually abused or sexually exploited by the child’s parent  
*the child is deprived of necessary health care or necessary consent to health care if refused by the parent;
a child has been physically harmed because of neglect by the parent
*the child’s parent is unable or unwilling to care for the child;
a child is emotionally harmed by conduct of the parent
*the child is or has been absent from home in circumstances that endanger the child’s safety or well-being;
a child is deprived of necessary health care
*the child’s parent is dead and adequate provision has not been made for the child’s care;
a child’s parent is unable or unwilling to care for a child and has not made adequate provision for the child’s care  
*the child has been abandoned and adequate provision has not been made for the child’s care, etc.
Reporting 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.
must promptly report the matter to the Ministry. The 24-hour toll free Children’s Help Line for reporting suspected abuse can be called at 310.1234 anywhere in BC. You don’t need to dial an area code. Callers can remain anonymous if they wish.
For more details, see our information on reporting suspected child abuse (no. 156).
 
When a report of suspected child abuse is made
==The Ministry looks into all reports of suspected abuse or neglect==
A report of suspected child abuse made to the Ministry of Children and Family Development is taken by a child welfare worker. The worker assesses the information provided. This means they ask questions, gather information, and decide if they need to keep looking into the report. They will decide on the best way to keep the child safe.  
When suspected child abuse is reported, a social worker assesses the information in the report and determines if the child may be at risk. If the child is at risk, the Ministry must consider less intrusive means of protecting the child such as in-home supervision, coming up with plans to better care for the child or suggesting an agreement between the parents and the child to better care for the child.
If the child welfare worker determines the child may be at risk, they must consider less intrusive means of protecting the child. Examples include in-home supervision, coming up with plans to better care for the child, or suggesting an agreement between the parents and the child to better care for the child.
 
If the child is in imminent risk of harm, the Ministry can remove the child from the parents’ care. In a home of more than one child, the Ministry may remove one or more of the children. The Ministry will consider the wishes of older children. It will also look at temporary placements with family or friends.
If the child is in imminent risk of harm, the Ministry can remove the child from the parents’ care. In a home of more than one child, the Ministry may remove one or more of the children. The Ministry will consider the wishes of older children. It will also look at temporary placements with family or friends.
 
Child welfare authorities may conduct an investigation
==What rights do parents have after a report is made?==
Where there are more serious concerns about the child’s safety, the child welfare authorities may decide to conduct a child protection investigation. This involves a more detailed enquiry to determine if the child needs protection, and the sort of protection that is best in the circumstances.  
The social worker must make sure the parents know the details of the report. The parents may also be told that the child will be interviewed, however the parents might not be told about this interview beforehand if the social worker and his or her supervisor believe this might put the child at risk.
Each child protection investigation includes:
 
seeing and interviewing the child as soon as possible
The parents have the right to tell their side of the story and to ask questions. They also have the right to have a lawyer or someone else with them at meetings with the social worker. The family must be given as much information as possible about the progress of the investigation and the available support services.
checking out the child’s living conditions
 
interviewing the parents
==Investigations by the Ministry==
reviewing whatever documents and reports are available and relevant to the report of child abuse
A child protection investigation is done when there are more serious concerns about the child involved. It involves a more detailed enquiry to determine if the child needs protection, and the sort of protection that is best in the circumstances. Each child protection investigation includes:
getting information from people who know the family and the child
*seeing and interviewing the child as soon as possible;
It is important to cooperate with the Ministry. Otherwise, things can escalate and lead to removal. The child may be interviewed by the Ministry at their school or daycare without the parent’s knowledge. This is often very upsetting for parents and their children, but it is important to remain calm when dealing with the Ministry.
*checking out the child’s living conditions;
After a child protection investigation
*interviewing the parents;
When an investigation is done, there are two possible outcomes: either the child needs protection or does not.
*reviewing whatever documents and reports are available and relevant to the report; and
When the child does not need protection
*getting information from people who know the family and the child.
If the child welfare worker decides the child isn’t at risk, the parents will be informed and no further action will be taken. If the parents ask for voluntary help or the child welfare worker suggests it, the worker can refer the parents to services available in the community.
 
When the child needs protection
It is important to co-operate with the Ministry. Otherwise, things can escalate and lead to removal. The child may be interviewed by the Ministry at their school or daycare without the parent’s knowledge. This is often very upsetting for parents and their children, but it is important that parents remain calm when dealing with the Ministry.
If the child welfare worker finds the child needs protection, but isn’t in immediate danger, a plan is developed with the family to keep the child safe. This might include:
 
providing voluntary services to help the parents to care safely for the child
==What if the report of suspected abuse or neglect is about a youth?==
arranging for the child to live with relatives or someone who has a significant relationship with the child
If the concern is about a “youth”—a child aged 16 to 19—services may be provided to keep the young person safe and help the youth develop supports and life skills. A child protection investigation is generally not the best response for a youth.
getting a court order to allow the child welfare worker to supervise the child  
 
Removing a child from the home
==Will the police be informed?==
Children can only be removed from their home if nothing less disruptive will protect them. If a child is in danger of continued abuse or neglect and there are no other ways of keeping the child safe, the child may be removed from the home.  
Social workers will inform the police if a report of suspected abuse suggests that a child may have been physically harmed or sexually abused, or that a criminal act may have occurred which affects the safety of a child.
As much as possible, the decision about where the child should stay will be made in consultation with the child, family, extended family like aunts and uncles and grandparents, and other adults who have significant relationships with the child. The child welfare worker will try to place the child with a family member, but if this isn’t possible the child will be placed in a Ministry-approved foster home.
 
After the child is removed
Social workers will often have police accompany them to the family home if they suspect that the parents may not cooperate, or they may be a threat.
Within seven days of a child being removed from the home, a presentation hearing must be held in Family Court. At this short hearing, the Ministry must report to the court the circumstances leading to the removal and any less disruptive measures the Ministry considered before removing the child.  
 
At this hearing, the court decides whether the child should be returned to home or remain in the care of the Ministry until another hearing, called the protection hearing, is held to decide whether the child needs protection.  
==What happens after a child protection investigation?==
If a protection hearing is arranged
When an investigation is done, there are two possible outcomes: either the child needs protection or doesn’t.
At the presentation hearing, the court may decide the Ministry should have custody of the child until the protection hearing. At the protection hearing, the court decides if the child needs protection or not, and who will care for the child in the future.
 
The protection hearing must start no more than 45 days after the presentation hearing ends. At least 10 days before the protection hearing, the child welfare worker must give the parents a document saying what kind of order they’ll ask the court for and a plan of care saying how the child will be looked after.
==When the child doesn’t need protection==
If, at the beginning of the protection hearing, the parents and child welfare worker can’t agree on what should happen next, the judge will adjourn the hearing and order a case conference. This is a meeting of the parents, the child welfare worker, their lawyers, and a judge to discuss the case and see if an agreement can be worked out. The judge may also adjourn the hearing to allow a mediation to take place. Mediation is a process where the people in a conflict meet with a neutral person (a mediator), who helps them find a solution they agree on. Mediation is often faster than a case conference.
If the social worker decides that the child isn’t at risk, the parents will be informed and no further action will be taken. If the parents ask for voluntary help or the social worker suggests it, the social worker can refer the parents to services available in the community.
How you deal with a protection hearing will often depend on what order the Ministry is asking for. Often, the Ministry asks for three-month orders. This can be a problem because it often takes more than three months for a case conference to be held.
 
Common questions
==When the child needs protection==
What are the rights of parents after a child abuse report is made?
If the social worker finds that the child needs protection, but isn’t in immediate danger, a plan is developed with the family to keep the child safe. This might include:
The child welfare worker must make sure the parents know the details of a child abuse report. The parents may also be told the child will be interviewed. However, the parents might not be told about this interview beforehand if the child welfare worker and their supervisor believe this might put the child at risk.
*providing voluntary services to help the parents to care safely for the child;
The parents have the right to tell their side of the story and to ask questions. They also have the right to have a lawyer or someone else with them at meetings with the child welfare worker. The family must be given as much information as possible about the progress of the investigation and the available support services.
*arranging for the child to live with relatives or someone who has a significant relationship with the child; and
What if the report of suspected abuse is about a youth?
*getting a court order to allow the social worker to supervise the child in the home.
If the concern is about a youth — a child aged 16 to 19 — services may be provided to keep the young person safe and help the youth develop supports and life skills. A child protection investigation is generally not the best response for a youth.
 
Will the police be informed?
==Removing the child from the home may be an option==
Child welfare authorities will inform the police if a report of suspected abuse suggests a child may have been physically harmed or sexually abused, or that a criminal act may have occurred which affects the safety of a child.
Removing the child is considered only when the child is or may be in immediate danger or if, after fully exploring all options, there is no other way to keep the child safe.
Child welfare workers will often have police accompany them to the family home if they suspect the parents may not cooperate or may be a threat.
 
What if I think my child has been wrongfully removed?
==Where will a removed child stay?==
In some custody cases, one parent makes false reports to the Ministry alleging their child has been physically or sexually harmed by their partner. Once a report of physical or sexual abuse is made to the Ministry, the Ministry often reports it to the police or has the child undergo a medical examination to see if there is any evidence of abuse. These steps are a regular part of the Ministry’s investigation process.
As much as possible, the decision about where the child should stay will be made in consultation with the child, family, extended family like aunts, uncles or grandparents, and other adults who have significant relationships with the child. The social worker will try to place the child with a family member, but if this isn’t possible the child will be placed in a Ministry-approved foster home.
 
==If the child is removed, there will be a presentation hearing==
A '''presentation hearing''' is a short hearing in family court that must be held within seven days of a child being removed. The Ministry must report to the Court the circumstances that led to the removal and any less disruptive measures that the director considered before removing the child. This hearing is to decide whether the child should be returned to home or remain in the care of the Ministry until another hearing, called the '''protection hearing''', is held to decide whether the child needs protection. In specific cases, it may be in the parent’s interest to set a hearing date at the presentation stage to decide the interim placement of the child, if no agreement with the Ministry is anticipated (for example, placement of the child with relatives or friends.)
 
==What if a protection hearing is arranged?==
The court may decide that the Ministry should have custody of the child until the protection hearing. Usually the Ministry encourages contact between the child and their family members, but if a family member poses a risk to the child, the visits may not be allowed or may be supervised by someone approved by the Ministry.
 
==The protection hearing must begin within 45 days after the presentation hearing==
If, at the beginning of the protection hearing, the parents and social worker can’t agree on what should happen next, the judge will adjourn the hearing and order that a case conference take place. A case conference is a meeting of the parents, the social worker, their lawyers and a judge to discuss the case and see if an agreement can be worked out. The Judge may also adjourn the hearing to allow a mediation to take place. It is often faster than a case conference.
 
How you deal with a protection hearing will often depend on what application the Ministry is making. Often, they are asking for three-month orders. This can be a problem because it often takes more than three months for a case conference to be held. Meanwhile, the social workers may not be very co-operative. You should get legal advice on how to proceed.
 
==If a parent thinks their contact with a child has been wrongfully removed by the Ministry==
In many child custody cases, one parent may make false reports to the Ministry alleging that their child has been physically or sexually harmed by their partner. Once a report of physical or sexual abuse is made to the Ministry, the Ministry often reports it to the police or has the child undergo a medical examination to see if there is any evidence of abuse. These are all a part of the Ministry’s investigation.
 
During the investigation, the accused parent will often have no right to see the child or will have only supervised contact with the child.
During the investigation, the accused parent will often have no right to see the child or will have only supervised contact with the child.
 
If you believe you have been wrongfully accused of abusing your child and have little or no contact with them as a result, you can take the following steps:
If you believe that you have been wrongfully accused of abusing your child and have little or no contact with them as a result, you can take the following steps to reestablish contact with your child:
You can go to court to ask for an order to see all medical files relating to the child, including results of physical examinations.
*Seek a court order to see all medical files relating to the child, including results of physical examinations.
You can ask for a court order for the police and the Ministry to produce their investigation records to see what reports your spouse has made and how the investigation was done.
*Seek a court order for the police and the Ministry to produce their investigation records to see what reports your spouse has made and how the investigation was done.
You can ask the court to order a section 211 report under the Family Law Act to be conducted by a psychologist into the emotional state of your spouse.
*Ask for a section 211 report under the ''Family Law Act'' to have a psychologist assess the emotional state of your spouse who made the allegations.
You can ask the court to set down a hearing to determine whether you abused your child.
*Immediately apply to the Court and set down a hearing to have a judge determine whether you abused your child.
Get help
 
With more information
==More information==
Legal Services Society, the legal aid provider in BC, publishes a booklet “Parents’ Rights, Kids’ Rights: A Parent’s Guide to Child Protection Law in BC” and a brochure “If Your Child is Taken: Your Rights As a Parent”.
*Check [https://www2.gov.bc.ca/gov/content/safety/public-safety/protecting-children Child Protection Services in BC] by the BC government.
Web: legalaid.bc.ca
*Check script [[Reporting Suspected Child Abuse (Script 156)|156]] on “Reporting Suspected Child Abuse”.
Legal Services Society’s Family Law in BC website includes detailed information on child protection and removal.
*Check [http://www.legalaid.bc.ca/publications/pub.php?pub=77 Parents’ Rights, Kids’ Rights: A Parent’s Guide to Child Protection Law in BC] by the Legal Services Society of BC.
Web: familylaw.lss.bc.ca
*Check [http://www.legalaid.bc.ca/publications/pub.php?pub=28 If Your Child is Taken: Your Rights As a Parent] by the Legal Services Society of BC.
The Ministry of Children and Family Development website includes information on child protection services in BC.
*Check the Legal Services Society’s [http://www.familylaw.lss.bc.ca/ Family Law in BC website] and [http://www.familylaw.lss.bc.ca/legal_issues/childProtectionBasics.php Child protection/removal].
Web: gov.bc.ca/mcfd
 




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[updated October 2018]
[updated October 2018]


'''The above was last reviewed for accuracy by Michael Butterfield and edited by John Blois.'''
'''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.'''


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Revision as of 00:00, 11 February 2019

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 Getting legal advice The government has the power to remove (take) children from their home. They don’t need a court order to do that. If the child welfare authorities contact you or visit your home, you have the right to get legal advice. If you cannot afford a lawyer, you may qualify for a free lawyer from legal aid. The Legal Services Society website lists legal aid service locations. Visit legalaid.bc.ca. You can also call legal aid at 604-408-2172 in Greater Vancouver or toll-free at 1-866-577-2525 elsewhere in BC. The law protects children from abuse In BC, a law called the Child, Family and Community Service Act protects children. This law includes these principles to keep children safe and well cared for: Children have a right to be protected from abuse, neglect and harm or threat of harm. The best place for children to live is usually with their families. Parents are mainly responsible for protecting their children. If parents need help to care for their children, child welfare authorities should provide support services. The legal duty to report child abuse Under this BC law, a person who believes a child has been abused, or is likely to be abused, must report it to the child welfare authorities. The law sets out circumstances of when a child needs protection due to abuse. They include: a child has been physically harmed, sexually abused or sexually exploited by the child’s parent a child has been physically harmed because of neglect by the parent a child is emotionally harmed by conduct of the parent a child is deprived of necessary health care a child’s parent is unable or unwilling to care for a child and has not made adequate provision for the child’s care Reporting 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. For more details, see our information on reporting suspected child abuse (no. 156). When a report of suspected child abuse is made A report of suspected child abuse made to the Ministry of Children and Family Development is taken by a child welfare worker. The worker assesses the information provided. This means they ask questions, gather information, and decide if they need to keep looking into the report. They will decide on the best way to keep the child safe. If the child welfare worker determines the child may be at risk, they must consider less intrusive means of protecting the child. Examples include in-home supervision, coming up with plans to better care for the child, or suggesting an agreement between the parents and the child to better care for the child. If the child is in imminent risk of harm, the Ministry can remove the child from the parents’ care. In a home of more than one child, the Ministry may remove one or more of the children. The Ministry will consider the wishes of older children. It will also look at temporary placements with family or friends. Child welfare authorities may conduct an investigation Where there are more serious concerns about the child’s safety, the child welfare authorities may decide to conduct a child protection investigation. This involves a more detailed enquiry to determine if the child needs protection, and the sort of protection that is best in the circumstances. Each child protection investigation includes: seeing and interviewing the child as soon as possible checking out the child’s living conditions interviewing the parents reviewing whatever documents and reports are available and relevant to the report of child abuse getting information from people who know the family and the child It is important to cooperate with the Ministry. Otherwise, things can escalate and lead to removal. The child may be interviewed by the Ministry at their school or daycare without the parent’s knowledge. This is often very upsetting for parents and their children, but it is important to remain calm when dealing with the Ministry. After a child protection investigation When an investigation is done, there are two possible outcomes: either the child needs protection or does not. When the child does not need protection If the child welfare worker decides the child isn’t at risk, the parents will be informed and no further action will be taken. If the parents ask for voluntary help or the child welfare worker suggests it, the worker can refer the parents to services available in the community. When the child needs protection If the child welfare worker finds the child needs protection, but isn’t in immediate danger, a plan is developed with the family to keep the child safe. This might include: providing voluntary services to help the parents to care safely for the child arranging for the child to live with relatives or someone who has a significant relationship with the child getting a court order to allow the child welfare worker to supervise the child Removing a child from the home Children can only be removed from their home if nothing less disruptive will protect them. If a child is in danger of continued abuse or neglect and there are no other ways of keeping the child safe, the child may be removed from the home. As much as possible, the decision about where the child should stay will be made in consultation with the child, family, extended family like aunts and uncles and grandparents, and other adults who have significant relationships with the child. The child welfare worker will try to place the child with a family member, but if this isn’t possible the child will be placed in a Ministry-approved foster home. After the child is removed Within seven days of a child being removed from the home, a presentation hearing must be held in Family Court. At this short hearing, the Ministry must report to the court the circumstances leading to the removal and any less disruptive measures the Ministry considered before removing the child. At this hearing, the court decides whether the child should be returned to home or remain in the care of the Ministry until another hearing, called the protection hearing, is held to decide whether the child needs protection. If a protection hearing is arranged At the presentation hearing, the court may decide the Ministry should have custody of the child until the protection hearing. At the protection hearing, the court decides if the child needs protection or not, and who will care for the child in the future. The protection hearing must start no more than 45 days after the presentation hearing ends. At least 10 days before the protection hearing, the child welfare worker must give the parents a document saying what kind of order they’ll ask the court for and a plan of care saying how the child will be looked after. If, at the beginning of the protection hearing, the parents and child welfare worker can’t agree on what should happen next, the judge will adjourn the hearing and order a case conference. This is a meeting of the parents, the child welfare worker, their lawyers, and a judge to discuss the case and see if an agreement can be worked out. The judge may also adjourn the hearing to allow a mediation to take place. Mediation is a process where the people in a conflict meet with a neutral person (a mediator), who helps them find a solution they agree on. Mediation is often faster than a case conference. How you deal with a protection hearing will often depend on what order the Ministry is asking for. Often, the Ministry asks for three-month orders. This can be a problem because it often takes more than three months for a case conference to be held. Common questions What are the rights of parents after a child abuse report is made? The child welfare worker must make sure the parents know the details of a child abuse report. The parents may also be told the child will be interviewed. However, the parents might not be told about this interview beforehand if the child welfare worker and their supervisor believe this might put the child at risk. The parents have the right to tell their side of the story and to ask questions. They also have the right to have a lawyer or someone else with them at meetings with the child welfare worker. The family must be given as much information as possible about the progress of the investigation and the available support services. What if the report of suspected abuse is about a youth? If the concern is about a youth — a child aged 16 to 19 — services may be provided to keep the young person safe and help the youth develop supports and life skills. A child protection investigation is generally not the best response for a youth. Will the police be informed? Child welfare authorities will inform the police if a report of suspected abuse suggests a child may have been physically harmed or sexually abused, or that a criminal act may have occurred which affects the safety of a child. Child welfare workers will often have police accompany them to the family home if they suspect the parents may not cooperate or may be a threat. What if I think my child has been wrongfully removed? In some custody cases, one parent makes false reports to the Ministry alleging their child has been physically or sexually harmed by their partner. Once a report of physical or sexual abuse is made to the Ministry, the Ministry often reports it to the police or has the child undergo a medical examination to see if there is 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 no right to see the child or will have only supervised contact with the child. If you believe you have been wrongfully accused of abusing your child and have little or no contact with them as a result, you can take the following steps: You can go to court to ask for an order to see all medical files relating to the child, including results of physical examinations. You can ask for a court order for the police and the Ministry to produce their investigation records to see what reports your spouse has made and how the investigation was done. You can ask the court to order a section 211 report under the Family Law Act to be conducted by a psychologist into the emotional state of your spouse. You can ask the court to set down a hearing to determine whether you abused your child. Get help With more information Legal Services Society, the legal aid provider in BC, publishes a booklet “Parents’ Rights, Kids’ Rights: A Parent’s Guide to Child Protection Law in BC” and a brochure “If Your Child is Taken: Your Rights As a Parent”. Web: legalaid.bc.ca Legal Services Society’s Family Law in BC website includes detailed information on child protection and removal. Web: familylaw.lss.bc.ca The Ministry of Children and Family Development website includes information on child protection services in BC. Web: gov.bc.ca/mcfd


[updated October 2018]

The above was last reviewed for legal accuracy by Michael Butterfield, Butterfield Law, and Viba Panchmatia, Viba Panchmatia Law Corporation.



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