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Family Violence and Child Protection

502 bytes added, 18:50, 17 August 2023
Child protection issues
==Child protection issues==
Child protection law and family law can overlap, but child protection issues are handled under different legislation from family law matters. The child protection laws in BC are contained in the provincial ''[http://canlii.ca/t/84dv Child, Family and Community Service Act]'' (''CFCSA'') and its regulations, as well as the ''Provincial Court (Child, Family and Community Service Act) Rules''. Child protection involves a government authority stepping in. Unlike normal family law matters where two former spouses are the ones making decisions about how to proceed, it's the provincial [https://www.gov.bc.ca/mcf/ Ministry of Children and Family Development] (MCFD) is tasked with protecting or an Indigenous authority taking steps to protect children from abuse, neglect, and harm or threat of harm under . The ''CFCSA'', and not the provincial ''[http://canlii.ca/t/84dv Child, Family and Community Service Law Act]'' (or the ''CFCSADivorce Act''), directs how child protection matters are handled. Section 2 of the ''CFCSA'' sets out the guiding principles of the legislation:
<blockquote><tt>This Act must be interpreted and administered so that the safety and well-being of children are the paramount considerations and in accordance with the following principles:</tt></blockquote>
<blockquote><blockquote><tt>(g) decisions relating to children should be made and implemented in a timely manner.</tt></blockquote></blockquote>
Unlike most the legislation on in family law, the ''best interests of the children'' is not the most important consideration under the ''CFCSA''. The most important considerations under the ''CFCSA'' are the "safety and well-being of the children", and the legislation lists the principles to consider.
The first principle is that children are entitled to be protected from ''abuse, neglect, harm, or the threat of harm''. Most of the remaining guiding other principles center around keeping the child with or connected to their family if possible. Some of these These principles include recognizing state that a child's family is the preferred environment for the their care and upbringing of children, that the responsibility for protecting children rests primarily with the parents, and that kinship ties and a child's attachment to extended family should be preserved if possible. The principles also say that if a family can provide a safe and nurturing environment for a child with available support services, then those support services should be provided.
See the below for This chapter includes information specific to Indigenous parents and children.
==Reporting a protection concern to MCFD or an Indigenous authority==