I Am Having Challenges with My Children and Don't Want the Ministry to Remove Them

If you are having challenges raising your kids or other children under your care, you can sometimes get help without the Ministry of Children and Family Development removing the children from your home.

First steps

1. See if there are any marriage, family, child or individual counsellors in or near your community. You could look in the Yellow Pages or ask a lawyer or advocate, or someone at the Ministry of Children and Family Development.

Before involving the Ministry of Children and Family Development, you should probably speak with a lawyer or advocate. (See "Where to get help" below to find a lawyer or advocate to speak with). Remember that the Ministry has the authority to remove children from your home if they believe they are "in need of protection". On the other hand, the Ministry has access to many resources (often at little or no cost to you) that may help you overcome the challenge with your children.

What happens next

You (and probably your children) will be asked to meet with the resource person who will assist you. Be prepared to provide as much information about your children as you can, such as dates of birth, school level and grades, medication and medical history. If you have chosen to work with the Ministry, they may suggest a variety of approaches, depending on the nature and seriousness of your problem. They may:

• refer you to a community resource. The Ministry may open a file and want to track your progress with the resource.
• provide you with family support services. In some cases, the Ministry will ask you to sign a Family Support Service Agreement which enables them to arrange counselling, parenting support, up to six days a month of respite care and other support in your home. A Family Support Worker will probably be assigned to your case. A Family Support Service Agreement can be for a period of 6 months, and then renewed after that.
• If you are facing a crisis that means you are temporarily unable to care for the children in your home (even with the supports mentioned above), the Ministry may ask you to sign a Voluntary Care Agreement and place your children in foster care for a period of up to 14 days.

If the crisis continues longer than 14 days, the Ministry will open a protection file. If you think this may happen to you, you should speak with a lawyer or advocate or apply for legal aid.

• If your child has a permanent or long-term disability, the Ministry may put you in touch with their Community Living Department and have you sign a Special Needs Agreement, through which they can provide respite care and in-home supports. The first Special Needs Agreement can be for a period of 6 months, and renewed after that. You will be asked to pay something for the care provided, based on your income.

If you or the children in your care are aboriginal, the responsibility for the safety and welfare of the children may have been delegated to a Delegated Aboriginal Agency in your area. To find out if this is the case, contact the nearest office of the Ministry of Children and Family Development (see the Blue Pages of your phone book for the local number or call Enquiry BC at 1-800-663-7867).

Where to get help

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

• Legal aid presentation, to apply for legal aid.
• Family Law in BC website, for forms, self-help materials and other legal information about child protection and removal.
• PovNet, for the "Find an Advocate" feature on their website.
• Family Duty Counsel, for some assistance on the day you have to appear in court.
• Family LawLINE.
• Access Pro Bono, Lawyer Referral Service, Salvation Army Pro Bono Lawyer Consultation Program, and Private Bar Lawyers.
• The Clicklaw common question "What about child protection for Aboriginal people?"
• The Legal Services Society publication "Parents' Rights, Kids' Rights: A Parent's Guide to Child Protection Law in BC".

Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview included in this Guide. Make sure you bring copies of all documents relating to your case.

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

(1) A lawyer or a person other than a lawyer who helps clients with legal issues, or (2) to argue a position on behalf of someone.

Under the old Divorce Act, the schedule of a parent's time with their children under an order or agreement, replaced with "parenting time" and "contact" in the new Divorce Act. Access usually referred to the schedule of the parent with the least amount of time with the child. See "contact," "custody" and "parenting time."

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

A home where a child lives other than with their natural or adoptive parents. Such a situation usually arises when the child welfare authorities have apprehended a child or when a child's parents voluntarily give the child up. See "apprehension."

In law, a legal incapacity to do certain things, like enter into a contract or start a court proceeding. Legal disabilities include insanity and being under the age of majority. See "age of majority."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."