8,081
edits
Changes
→What happens if a protection concern is found?
* remove the child temporarily or permanently from the parent’s care and place the child temporarily or permanently with relatives, a foster family, or a group home.
If MCFD has taken a child out of the parent's care, they must commence a child protection action in court and seek a court order approving the removal. They need to serve the parent with court documents. All child protection proceedings are held in the BC Provincial Court and follow special rules called the ''[https://canlii.ca/t/85tk Provincial Court (Child, Family and Community Service Act) Rules]''.
* It is critical to get legal advice about your legal rights in relation to MCFD as early in the process as possible, and this becomes more important as the investigation goes on.
* If your child is removed, the ''[https://www.clicklaw.bc.ca/resource/1245 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.
* Legal Aid BC's illustrated booklet ''[https://www.clicklaw.bc.ca/resource/1060 Parents' Rights, Kids' Rights: A Parent's Guide to Child Protection Law in BC]'' outlines the child protection process.
====Orders for supervision====
The MCFD may ask the court to make a ''protective intervention order'' for:
* the on-going supervision of the child, including conditions like daycare, services for the parent, and the right of the ministry to visit the child in the home,
* prohibiting a person from contacting, interfering with, or living with the child, or entering the child's home,
* requiring the police to enforce the order, and
* the removal of the child if the parent fails to comply with the terms of a supervision order.
====Orders for child removal====
Where protection concerns are more serious, the MCFD may immediately remove the child from the home and set a ''presentation hearing'' within seven days to have the court review that decision. At the presentation hearing the court may order that the:
* MCFD have temporary custody of your child,
* child be returned to you under the supervision of the MCFD,
* child be returned to you, or
* child be placed in the care of someone other than yourself.
To learn about the rest of the process and the other hearings involved when the MCFD intervenes to remove a child, read Legal Aid BC's booklet ''[https://clicklaw.bc.ca/resource/1060 Parents' Rights, Kids' Rights: A Parent's Guide to Child Protection Law in BC]''