Family Violence and Child Protection: Difference between revisions
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Family Violence and Child Protection (view source)
Revision as of 23:50, 27 August 2024
, 27 August 2024Clicklaw directory link edit
Nate Russell (talk | contribs) (From staging 2024) |
Nate Russell (talk | contribs) (Clicklaw directory link edit) |
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|ChapterEditors = [[Fiona Beveridge]] and [[Samantha Simpson]] | |ChapterEditors = [[Fiona Beveridge]] and [[Samantha Simpson]] | ||
}} | }} | ||
{{ | {{LSSbadge | ||
|resourcetype = critical resources | |resourcetype = critical resources on | ||
|link = [https:// | |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 ''[ | 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:// | * 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:// | * 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:// | 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=== | ||
* [ | * [https://canlii.ca/t/85tk Provincial Court (Child, Family and Community Service Act) Rules] | ||
===Resources=== | ===Resources=== | ||
* | * [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 | ||
* [https://legalaid.bc.ca/services/parents-legal-centres Parents Legal Centres] | |||
* [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 | |||
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===Links=== | ===Links=== | ||
*[ | *[https://www.gov.bc.ca/mcf/ Ministry of Children and Family Development] | ||
*[https:// | * [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 | |||