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Family Violence and Child Protection

2,736 bytes removed, 23:17, 15 August 2023
Protection concerns
===Protection concerns===
What circumstances should raise a concern will trigger the MCFD or an Indigenous authority to determine that a child needs protection? Section 13 of the ''CFCSA'' provides contains the specific circumstances for when a child needs protectionlanguage, but essentially a child will be deemed to require protection is required where:* if the child has been or may be :* physically harmed by a parent;* the child has been or may be sexually abused or exploited by a parent;* the child has been or may be harmed, sexually abused, or exploited by another person, and the parent can't or won't protect the child;* the child has been or may be physically harmed due to parental neglect;* the child is emotionally harmed by a parent's conduct or by living in a situation with domestic violence;* the child lacks necessary health care;* the child's development may be seriously impaired by a treatable condition, and the parent refuses to allow treatment;** the parent can't or won't care for the child and hasn't made adequate arrangements for care;* the child has been in a situation that endangers their safety or well-being;* the child's parent is dead and no adequate provision has been made for care;* the child has been abandoned without adequate care;* the child is in the care of a director or someone else by agreement, and the parent won't or can't resume care when the agreement ends.For subsections (1)(b) and (1)(c), sexual abuse or exploitation includes being encouraged or coerced into prostitution.For subsections (1)(a) and (1)(c), the likelihood of physical harm increases when the child is living in a situation with domestic violence.Emotional harm means the child shows severe anxiety, depression, withdrawal, self-destructive or aggressive behaviour.A child does not need protection solely due to socioeconomic conditions like poverty, lack of housing, or a parent's health condition.
Protection will also be required if:
* the child is emotionally harmed by a parent's conduct or by living in a situation with domestic violence
* the child lacks necessary health care
* the child's development may be seriously impaired by a treatable condition, and the parent refuses to allow treatment
* the parent can't or won't care for the child and hasn't made adequate arrangements for care
* the child has been in a situation that endangers their safety or well-being
* the child's parent is dead and no adequate provision has been made for care
* the child has been abandoned without adequate care
* the child is in the care of a director or someone else by agreement, and the parent won't or can't resume care when the agreement ends
<blockquote><tt>Section 13 (1) A child needs protection in of the following circumstancesCFCSA also clarifies that:</tt></blockquote><blockquote><blockquote><tt>(a) if the child has been, or is likely to be, physically harmed by the child's parent;</tt></blockquote></blockquote><blockquote><blockquote><tt>(b) if the child has been, or is likely to be, sexually abused or exploited by the child's parent;</tt></blockquote></blockquote><blockquote><blockquote><tt>(c) if the child has been, or is likely to be, physically harmed, sexually abused or sexually exploited by another person and if the child's parent is unwilling or unable to protect the child;</tt></blockquote></blockquote><blockquote><blockquote><tt>(d) if the child has been, or is likely to be, physically harmed because of neglect by the child's parent;</tt></blockquote></blockquote><blockquote><blockquote><tt>(e) if the child is emotionally harmed by</tt></blockquote></blockquote><blockquote><blockquote><blockquote><tt>(i) the parent's conduct, or</tt></blockquote></blockquote></blockquote><blockquote><blockquote><blockquote><tt>(ii) living in a situation where there is domestic violence by or towards a person with whom the child resides;</tt></blockquote></blockquote></blockquote><blockquote><blockquote><tt>(f) if the child is deprived of necessary health care;</tt></blockquote></blockquote><blockquote><blockquote><tt>(g) if the child's development is likely to be seriously impaired by a treatable condition and the child's parent refuses to provide or consent to treatment;</tt></blockquote></blockquote><blockquote><blockquote><tt>(h) if the child's parent is unable or unwilling to care for the child and has not made adequate provision for the child's care;</tt></blockquote></blockquote><blockquote><blockquote><tt>(i) if the child is or has been absent from home in circumstances that endanger the child's safety * sexual abuse or well-exploitation includes being;</tt></blockquote></blockquote><blockquote><blockquote><tt>(j) if the child's parent is dead and adequate provision has not been made for the child's care;</tt></blockquote></blockquote><blockquote><blockquote><tt>(k) if the child has been abandoned and adequate provision has not been made for the child's care;</tt></blockquote></blockquote><blockquote><blockquote><tt>(l) if the child is in the care of a director or another person by agreement and the child's parent is unwilling or unable to resume care when the agreement is no longer in force.</tt></blockquote></blockquote><blockquote><tt>(1.1) For the purpose of subsection (1) (b) and (c) but without limiting the meaning of "sexually abused" or "sexually exploited", a child has been or is likely to be sexually abused or sexually exploited if the child has been, or is likely to be,</tt></blockquote><blockquote><blockquote><tt>(a) encouraged or helped to engage in prostitution, or</tt></blockquote></blockquote><blockquote><blockquote><tt>(b) coerced or inveigled into engaging in prostitution.</tt></blockquote></blockquote><blockquote><tt>(1.2) For the purpose of subsection (1) (a) and (c) but without limiting the circumstances that may increase the likelihood of physical harm to a child, * the likelihood of physical harm to a child increases when the child is living in a situation where there is with domestic violence by or towards a person with whom the child resides.</tt></blockquote><blockquote><tt>(2) For * emotional harm means the purpose of subsection (1) (e), a child is emotionally harmed if the child demonstrates shows severe</tt></blockquote><blockquote><blockquote><tt>(a) anxiety,</tt></blockquote></blockquote><blockquote><blockquote><tt>(b) depression,</tt></blockquote></blockquote><blockquote><blockquote><tt>(c) withdrawal, or</tt></blockquote></blockquote><blockquote><blockquote><tt>(d) self-destructive or aggressive behaviour.</tt></blockquote></blockquote><blockquote><tt>(3) For certainty, a * A child does not need protection in the circumstances described in subsection (1) (d) or (h) solely on the basis of due to socioeconomic conditionslike poverty, including the following:</tt></blockquote><blockquote><blockquote><tt>(a) poverty;</tt></blockquote></blockquote><blockquote><blockquote><tt>(b) the lack of adequate housing , or infrastructure;</tt></blockquote></blockquote><blockquote><blockquote><tt>(c) the state of health of a parent of the child's health condition.</tt></blockquote></blockquote>
===Domestic violence as a protection concern===
The ''CFCSA'' uses the term ''domestic violence'' for one of its categories of protection concerns. MCFD has acknowledged in their ''Policy on Best Practice Approaches: Child Protection and Violence Against Women'' that women and children are disproportionately impacted by domestic violence. MCFD policies around the issue of violence against women are aimed at:
* keeping mothers safe by connecting the child's safety to the mother's safety whenever possible
* keeping children with the non-abusive parent
* providing the non-abusive parent with supportive services so they can safely care for the child
* preventing further violence
* offering an integrated approach for meeting a child's safety needs
* providing supportive services to the non-abusive parent, and
* keeping their safety a parallel consideration through MCFD proceedings.
If a non-abusive parent, usually the mother, is concerned that the other parent may commit violence, they should prioritize their safety and the safety of their children. As outlined at the beginning of this chapter, if the non-abusive parent is in immediate danger they can call 911. The non-abusive parent can also contact VictimLINK at 1-800-563-0808 to access safety planning resources. The non-abusive parent also has an obligation to report the child protection concern to MCFD. In any of these cases, it is critical to obtain legal advice as soon as possible about options available.
==The Child Protection Process in BC==
Legal Aid BC has comprehensive factsheets and information about the child protection process. See the Links and Resources heading under this section.