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Difference between revisions of "Family Violence and Child Protection"
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Family Violence and Child Protection (view source)
Revision as of 14:16, 21 August 2017
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==Reporting children to the ministry== | ==Reporting children to the ministry== | ||
Certain people, including mediators, parenting coordinators, doctors, teachers, psychologists and psychiatrists, have a positive duty to report children in need of protection to the ministry. Section 14 of the | Certain people, including mediators, parenting coordinators, doctors, teachers, psychologists and psychiatrists, have a positive duty to report children in need of protection to the ministry. Section 14 of the ''Act'' imposes a similar duty on anyone who believes a child is in need of protection, and makes it an offence not to report a child to the ministry. In other words, anyone — including a parent — who thinks a child needs to be protected from abuse, neglect, harm or the threat of harm, must report the problem to the [http://www.gov.bc.ca/mcf/ Ministry for Children and Family Development]. | ||
Once a child is reported as being at risk, the ministry will assess the report and determine whether an investigation by a social worker is necessary. The | Once a child is reported as being at risk, the ministry will assess the report and determine whether an investigation by a social worker is necessary. The ''Act'' gives the social worker looking into the alleged problem a fairly broad authority to investigate the complaint. | ||
===The consequences of a report=== | ===The consequences of a report=== | ||
If the investigating social worker comes to the conclusion that there is a problem, | If the investigating social worker comes to the conclusion that there is a problem, they can do a number of things to protect the child or attempt to solve the problem. These include: | ||
*providing support services to the family in the home, including referrals to outside social agencies, | *providing support services to the family in the home, including referrals to outside social agencies, | ||
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You cannot take any action against a person who has made a false complaint, such as suing them for damages, unless that person made a false report knowing it to be untrue. | You cannot take any action against a person who has made a false complaint, such as suing them for damages, unless that person made a false report knowing it to be untrue. | ||
Once the social worker has concluded that there is a problem, there's very little you can do to get the worker out of your hair except do what they want. It is critical that you comply with their | Once the social worker has concluded that there is a problem, there's very little you can do to get the worker out of your hair except to do what they want. It is critical that you comply with their suggestions about things like parenting courses, help from outside agencies, homemaking services, and so forth. If you don't do the things the worker suggests, you may be flagged as resistant to those remedies. This can trigger an escalation in the worker's involvement in your family and can lead to harsher conditions being imposed, such as the removal of your child. | ||
The impact of a report to the ministry on your family law action will obviously depend on the circumstances and whether the investigation shows that there is actually a problem in your home. The simple fact that a report has been made will not give the other parent grounds to apply for a change in the child's residence; in fact, if the other parent reported you to the ministry and there was no substance to the claim, it may stand as further evidence of the other parent's unwillingness to cooperate with you in raising your child. | The impact of a report to the ministry on your family law action will obviously depend on the circumstances and whether the investigation shows that there is actually a problem in your home. The simple fact that a report has been made will not give the other parent grounds to apply for a change in the child's residence; in fact, if the other parent reported you to the ministry and there was no substance to the claim, it may stand as further evidence of the other parent's unwillingness to cooperate with you in raising your child. | ||
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===When your child is removed=== | ===When your child is removed=== | ||
If the ministry has removed a child from your care, the ministry is required to set a | If the ministry has removed a child from your care, the ministry is required to set a ''presentation hearing'' within seven days, at which the ministry's action is either confirmed or overruled. The issue at this hearing is whether or not the child was in need of protection and was properly removed from the home. You will be served with notice of the presentation hearing and you may attend the hearing where you will be allowed to address the court and call evidence in support of your position. | ||
At the presentation hearing, the court may make interim orders for the following: | At the presentation hearing, the court may make interim orders for the following: | ||
