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.
2. 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.)

In dealing with the Ministry of Children and Family Development, keep in mind 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

If you decide to work with the Ministry of Children and Family Development, you (and probably your children) will be asked to meet with the Ministry 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 six 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 3 months for children under 5 years of age and up to 6 months for older children. If the crisis continues, the Ministry may apply to Court for temporary custody orders. 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 six 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 Service 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 representation, 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, 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.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Annie Kaderly, March 2013.

Legal Help for British Columbians © Cliff Thorstenson and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.

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.

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 family law, an antiquated term used by the old Divorce Act to describe the right to possess a child and make parenting decisions concerning the child's health, welfare and upbringing. Replaced in the new Divorce Act with the term decision-making responsibility." See "access," "decision-making responsibility" 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."