BEST INTERESTS OF THE CHILD

The concept of the ‘best interests of the child’ is a universal theme expressed in a variety of international and Canadian instruments of law and practice. But is it anything more than a theme? Does it actually have content? I am not certain that it does. It is cited with conviction in child protection care proceedings and custody battles but why? Such cases are never decided on the basis of that theme but rather the specific facts of the case. The concept of “best interests” is a part of the rhetoric of child protection agencies.

The deficit is that the modifier “best’ is not defined, in fact perhaps indefinable. Even the touted United National Committee on the Rights of a Child has not taken a position to define the term with precision. Without a definition, “best interests” has no constraints, and then while the trumpeted term sounds politically and morally correct, it can lead to wrong impressions, inaccurate assessments and unjust decisions.

CONCENTRATE ON IMPROVING THE OUTCOMES / Part 419 / For Love and For Justice / Zabeth and Paul Bayne

This post is specific to child protection. There will have to be a change in casework practice within the Ministry of Children and Family Development in B.C. The Ministry Office in Victoria has to make changes and immediacy is imperative.

This Ministry can no longer endure bad press. Shocking stories continue. Many families who could be helped never receive help. I am talking about help. It's difficult for me as a taxpayer and fair-minded and democratic spirited man to understand why resourcing help to families is such a difficult concept to affect. Of course I do not understand all of the human dynamics of individual cases, the stresses that social workers feel when working with adults, parents who are challenged by habits, substances, and life. I do not understand how budgetary cuts have reduced the availability of services that can be offered. Still, it concerns me that we have authorized people, many with bachelor's degrees, even master's degrees in social work, to work with families and subsequently so many of these families instead of gaining strength and remaining intact, become severed as a result of MCFD's involvement. The Ministry office in Victoria hears the negative public vibrations all over the province, but it does not understand what is wrong or how it can be corrected. Regional MCFD teams are not going to initiate significant change themselves.

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We need a model of casework that ensures consistent practices which support improved outcomes for children, youth and families. It seems simplistic and it should be self evident that MCFD needs to place a greater emphasis upon intake and assessment of children, youth and families at the initial contact in every case in order to insure that the services that are planned are as effective as possible. What a novel idea to concentrate on improved outcomes for all clients using intervention supports and services. There are countless people reasons to explain why we do not have confidence that best practice and improvement is a priority to which our MCFD is committed.

This Blog has been advocating the return of three children to their biological parents, Paul and Zabeth Bayne, for which a ruling is expected from Judge Crabtree by January 19th. Stay posted.