Script 141 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.

This script discusses investigating a child protection report, what the results can be (including removing a child from home), and the court hearing that occurs when a child is removed.

Know when you need a lawyer
If the Ministry of Children and Family Development has removed your child, you should talk to a lawyer as soon as possible. You can also bring in a lawyer to advise you at any time during a child protection investigation or subsequent court hearing. If you cannot afford a lawyer, call your local Legal Services Society office for information about legal aid. The number is 604.408.2172 in the Lower Mainland, 1.866.577.2525 (toll-free) elsewhere in the province.

There is a legal duty to report suspected child abuse
The Child, Family and Community Service Act requires anyone who believes a child has been or is likely to be abused, neglected or in need of protection to promptly report the matter to the Ministry of Children and Family Development. The 24-hour toll free Children’s Help Line for reporting suspected abuse is 310.1234 anywhere in BC. You don’t need to dial an area code.

The Ministry looks into all reports of suspected abuse or neglect
A social worker assesses the information in the report and determines the most appropriate response to ensure the child’s safety and well-being, and to assist the family to care safely for the child.

What does the Ministry do if there are concerns about the child’s safety?
If the risk of harm to the child is low and the parents will work cooperatively with the social worker, the social worker may provide a “family development response.” A family development response involves an intensive, time-limited, supportive approach. It consists of an assessment of the family’s strengths and problem areas, and the provision of support services to assist the family, while monitoring the child and family to ensure the child is safe.

When is a child protection investigation done?
A child protection investigation is done when there are more serious concerns about the child or children involved. It involves a fact-finding approach to determine if the child needs protection. Each child protection investigation includes:

• Seeing and interviewing the child and all other vulnerable children in the home as soon as possible.
• Observing the child’s living conditions.
• Seeing and interviewing the parents.
• Reviewing all relevant and necessary information relating to the report.
• Obtaining information from people who know the family and/or child.

What if the report of suspected abuse or neglect is about a youth?
If the concern is about a youth (aged 16 to 19), services will be provided to keep the young person safe and help the youth develop skills and supports. A child protection investigation is generally not the best response for a youth.

Will the police be advised?
Social workers will advise the police if a report of suspected abuse indicates that a child has been physically harmed or sexually abused, or if a criminal act may have occurred that affects the safety of a child.

What rights do parents have during a child protection investigation?
The social worker must make sure the parents know the nature and details of the report. The parents must also be told that the child (plus any other children living in that home) must be interviewed. However, the parents might not be told about this interview beforehand if the social worker and supervisor believe this would put the child at risk.

Also, the parents have the right to explain their interpretation of the facts and to ask questions. They also have the right to have a lawyer or someone else with them at meetings with the social worker. And the family must be given as much information as possible about the progress of the investigation and available support services.

What happens after a child protection investigation?
When an investigation is completed, there are two possible outcomes:

• The child doesn’t need protection.
•  The child needs protection.

One outcome is that the child doesn’t need protection
If the social worker decides that the child or children aren’t at risk, the parents will be advised and no further action will be taken. If the parents ask for voluntary help or the social worker thinks this is a good idea, the social worker can refer the parents to voluntary community-based services.

The second possible outcome is that the child needs protection
If the social worker determines that the child needs protection, but isn’t in immediate danger, a plan is developed with the family to keep the child safe. This might include:

• The provision of voluntary services to help the parents to care safely for the child.
• Arrangements for the child to live with relatives or someone who has a significant relationship to the child.
• Obtaining a court supervision order to supervise the child in the home.

Removing the child from the home may also be considered
But this is considered only when the child is in immediate danger, or if after fully exploring all available options, there are no other means to keep the child safe.

Where will the child stay?
To the fullest extent possible, the decision about where the child should stay will be made in consultation with the child, family, extended family like aunts, uncles or grandparents, and other adults who have a significant relationship with the child. Priority is given to placing a child with extended family or, if this isn’t possible, in a Ministry-approved home or place.

If the child is removed, there’ll be a “presentation hearing”
This hearing in Family Court must be held within seven days. It’s a brief hearing to decide whether the child should return home or remain in the care of the Ministry until another hearing, called the “protection hearing,” is held to decide whether the child is in need of protection.

What if a protection hearing is arranged?
The court may decide that the Ministry should have custody of the child until then. Usually the Ministry encourages and promotes contact between the child and family members, but if a family member poses a risk to the child, the visits might have to be supervised by someone the Ministry approves.

The protection hearing must begin within 45 days after the presentation hearing
If, at the beginning of the protection hearing, the parents and social worker can’t agree on what should happen next, the judge will order that a “case conference” take place. A case conference is a meeting of the parents, the social worker, their lawyers and a judge to discuss the case and see if an agreement can be worked out. The parents and social worker can also agree to meet with a trained mediator to help them reach an agreement on what should happen next. If neither the case conference nor mediation result in an agreement, then there’ll be a full court hearing.

Where can you get help or find more information?

• See the link on “Protecting Children” on the Ministry of Children and Family Development’s website at www.mcf.gov.bc.ca.
• Also see the Child, Family and Community Service Act, found at your local library and on www.qp.gov.bc.ca/statreg. 
• Refer to script 156 on “Reporting Suspected Child Abuse.”
• Read the booklet entitled “Parents’ Rights, Kids’ Rights: A Parent’s Guide to Child Protection Law in BC” published by the Legal Services Society of BC. You can access it free online at www.lss.bc.ca. Click on “Publications” then search under the title heading for the booklet. 
• Other booklets on child protection are also available – see the Public Legal Education and Information Resource Catalogue on the Legal Services Society website at www.lss.bc.ca and look under “Child Protection.”

[updated September 2007]

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