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Family Violence and Child Protection

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The Child Protection Process in BC
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 BCchild protection process==Legal Aid BC has comprehensive factsheets and information about the child protection process. See the Resources and Links heading under this section.
===If you are reported to MCFD or an Indigenous authority===
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]''
 
==The Indigenous child protection process==
In 2022, the ''CFCSA'' was amended to better respect the inherent rights of Indigenous communities to provide their own child and family services, and to keep Indigenous children safely connected to their cultures and communities.
 
The guiding principles in section 2 of the ''CFCSA'' include two provisions that are specific to Indigenous families. First, the ''CFCSA'' recognizes that Indigenous families and their communities share responsibility for the upbringing and well-being of their children. Second, the ''CFCSA'' states that Indigenous children are entitled to learn about and practice their traditions, customs, and languages and belong to their Indigenous communities.
 
The child protection process in BC has a separate process for Indigenous children. Reported protection concerns can be investigated by an Indigenous authority in accordance with that community’s Indigenous law, customs, and traditions. In these cases, the MCFD is not the authority dealing with Indigenous children. Note that in older versions of the ''CFCSA'', Indigenous peoples were categorized under the term “Aboriginal”, so you may still see that term in some child protection publications in BC, as well as online.
 
If you or your child is Indigenous, and you have been reported to MCFD or are otherwise involved with MCFD, Legal Aid BC has published comprehensive information. Find the Legal Aid BC materials under the Resources and Links under this section, or visit the [https://aboriginal.legalaid.bc.ca/child-family-rights/child-protection Aboriginal Legal Aid in BC website pages on child protection].
 
If you are reported to MCFD or an Indigenous authority, MCFD might decide they are concerned enough to supervise the parent’s care of the child, start court proceedings, or remove the child.
 
If this happens, you should contact a lawyer immediately to learn more about your rights.