BC CHILD PROTECTION PROCESS

THE CHILD PROTECTION PROCESS IN BRITISH COLUMBIA

When a report is sent to Child Protection services in B.C., concerning the safety of your child, there is a flow of decisions and actions that can be charted. To describe it to you, I begin with the Investigation. That is an investigation by the Ministry of Children, and specifically a social worker who begins a file for you and/or your child and is given responsibility to examine the report information.

The Investigation may ultimately lead the social worker to one of two decisions, Protection is Required or The Case is Closed.

If the conclusion is Protection is Required, then the question Removal Required? will have either a No or Yes answer.

If the social worker concludes No (removal not required), there are two (2) possibilities.

            Parent(s) Agree with the Director to Supervision

                        Or

            The Director Requests a Supervision Order 

        If the social worker concludes Yes, (removal is required) or if parents do not agree with Director to Supervision, then it proceeds to a Presentation Hearing, where the MCFD makes its case before the Court.

            One of Four (4) Court Rulings is made,

                                            i.    No Supervision Order is granted and Child remains with Parent(s)

                                          ii.    Interim Supervision Order granted, Child remains with Parent(s) with provisos

                                         iii.    Interim Supervision Order but Child is Placed with Someone Else

                                         iv.    Interim Custody Order and Child is Placed in Foster Care

 

            Each of the last three (3) rulings may lead to a Protection Hearing, and MCFD makes its case before the Court. 

            The immediate First Step is a Case Conference when MCFD meets with parents. If no agreement results, then it proceeds to the Protection Hearing.

            One of Four (4) Court Rulings is made,

                                            i.    Temporary Supervision Order is granted and Child remains with Parent(s)

                                          ii.    Temporary Supervision Order, Child with Someone Else

                                         iii.    Temporary Custody Order, Child in Foster Care

                                         iv.    Continuing Custody Order, Child in Foster Care

A copy of this in Chart Form is available at http://www.crownpub.bc.ca 

ALBERTA RESPECTS CHILD IN CARE TIMELINES MORE THAN B.C.

An advocate named Papa InBC speaks out for children and parents whose lives have been turned upside down and inside out by the Ministry of Children in British Columbia for reasons this advocate believes are unjust. Papa InBC has replied to yesterday's blog post which I published and which was written by Ray Ferris. Papa has both a website and a Facebook page.

Here is is Papa's response.

Papa Inbc writes: I'm told Alberta respects child-in-care timelines more than B.C., and that the wait for trial is not excluded from the point a protection hearing grants interim custody based on evidence and testimony.

This would appear to indicate that what MCFD in B.C. is doing is unconstitutional for both parents and children affected, which flies in the face of what is in the best interest of children.

In support of Ray's suggestion, I suggest a class-action lawsuit be initiated on two points, first, non-emergency no-warrant removal, and second, "interim" custody that exceeds the time lines in the current CFCSA Act.