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→If you are reported to MCFD or an Indigenous authority
===If you are reported to MCFD or an Indigenous authority===
A parent may be reported to MCFD or an Indigenous authority because of a protection concern.
If the concern involves an Indigenous child, the local Indigenous authority may conduct its investigation under Indigenous law, customs, and traditions.
====Legal help for reported parents====It is critical for parents who are reported for a protection concern to get legal advice as soon as possible. Getting legal advice about your rights with MCFD early in the process is important, but obtaining that advice for the later stages of the investigation is even more critical.
You can contact Legal Aid BC to find out if you qualify for a free lawyer. Contact your local Parents Legal Centre at 1-888-522-2752 (1-888-LABC-PLC), or find a lawyer who represents parents in child protection proceedings. If Legal Aid BC determines you are not eligible for a lawyer for your child protection matter, you may be able to apply to the courts and ask that a lawyer be appointed to represent you. This request for lawyer representation is called a ''JG application''.
When a court considers a ''JG applications'' it decides whether or not to appoint a lawyer for someone who was denied legal aid, but is facing a complicated child protection hearing and cannot afford a lawyer. You can find the necessary forms and application materials for a JG application on the Legal Aid BC website. The person applying must be found to be ''indigent'' in order to succeed in their application. Being found to be ''indigent'' is not limited to rare or exceptional cases, but it does depend on the financial and other circumstances of the person applying.
====Child protection investigations====
A social worker's first step when starting an investigation is usually to contact the person who is the subject of the report. They may decide to visit the child's home, interview one or both parents, and interview the child. They may also ask the parent for ''collaterals,'' which are people the parent knows who can vouch for their parenting abilities. These collaterals could be the child's family doctor, teachers, daycare providers, counsellors, family members, and other relatives. The social worker may reach out and contact some or all of these collaterals in the course of their investigation.
At the end of the investigation, the social worker might conclude that there is:
# '''No concern:''' the social worker may close the file due to a lack of protection concerns, and give you a letter outlining this conclusion, which you should keep in a safe place.
# '''Low concern:''' the social worker may start with a lower level of intervention, including providing support services to the family in the home and making referrals to outside social agencies.
# '''High concern:''' the social worker may be concerned enough to take more control by supervising the parent's care of the child, starting a court proceedings, or removing the child.
If the social worker concludes that there is a protection concern, you should contact a lawyer immediately to learn more about your rights.
===What happens if a protection concern is found?===
If the social worker investigating the report is sufficiently concerned about the child's living conditions, a risk of harm, or the reported parent's unwillingness to cooperate with MCFD, then they may take further actions such as:
* supervise the parent’s care of the child with various terms and conditions that one or both parents must follow,
* begin court proceedings, or
* remove the child temporarily or permanently from the parent’s care and place the child temporarily or permanently with relatives, a foster family, or a group home.
If MCFD has taken a child out of the parent's care, they must commence a child protection action in court and seek a court order approving the removal. All child protection proceedings are held in the BC Provincial Court and follow special rules called the ''[https://canlii.ca/t/85tk Provincial Court (Child, Family and Community Service Act) Rules]''.
* It is critical to get legal advice about your legal rights in relation to MCFD as early in the process as possible, and this becomes more important as the investigation goes on.
* If your child is removed, the ''[https://www.clicklaw.bc.ca/resource/1245 Child Protection and Removal]'' script from People's Law School's Dial-a-Law website talks about parents' legal rights and explains steps you can take.
* Legal Aid BC's illustrated booklet ''[https://www.clicklaw.bc.ca/resource/1060 Parents' Rights, Kids' Rights: A Parent's Guide to Child Protection Law in BC]'' outlines the child protection process.