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→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
===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.