Child protection
When the safety and well-being of children is at issue, the Court may become involved as set out in the Child, Family and Community Service Act or under Indigenous child protection<p><span lang="EN-US">The area of law dealing with the safety and well-being of children and governed by BC’s </span><span lang="EN-US">Child, Family and Community Service Act </span><span lang="EN-US">or Indigenous child protection laws</span><span lang="EN-US">.</span><span> </span></p> laws.
Getting help
Coming to court can be both stressful and frightening when a child is involved. If a child is removed from your care, talk to a lawyer as soon as possible.
Legal Aid BC provides free lawyers for child protection cases if you cannot afford one. It also operates Parents Legal Centres in many BC communities. At these centres a lawyer and an advocate may be able to help find solutions for your family.
Court process
The parties who may be involved in a child protection case are the parents, the child's guardian<p><span lang="EN-US">A guardian is responsible for their child’s care and upbringing. A parent is generally a guardian of their child, unless they have never lived with the child.</span><span> </span></p>(s), the Provincial Director of Child Welfare or Indigenous Child Welfare Director, a First Nation if the child is Indigenous, and the child if they are 12 or older. In court you may hear the government agency responsible for child welfare called "the Director", "the Ministry", "Delegated Aboriginal Agency" and "Indigenous Governing Body".
Within seven days of a child being removed from their parent, the parents and social worker attend court for a presentation hearing<p><span lang="EN-US">A short hearing held within seven days of a child being removed from their parent to decide whether the child should be returned to the parent or remain temporarily in the custody of the Director. See section 35 of the </span><span lang="EN-US">Child, Family and Community Service Act</span>.</p>. The purpose of the hearing is to determine whether the Director's decision to remove the child was lawful and to decide the best place for the child to live until there can be a full hearing.
If the parents and social worker agree on these issues, the judge will likely make an order that day. If not, the hearing will continue on another day when more time is available for witnesses to testify.
The orders a judge makes at a presentation hearing are called interim orders because they last until a protection hearing<p><span lang="EN-US">A hearing to decide whether a child needs protection and whose custody the child should be in for a specified period. See section 40 of the </span><span lang="EN-US">Child, Family and Community Service Act</span>.</p> takes place.
At a family case conference, parents, social workers and their lawyers meet with a judge. If the child is Indigenous, a representative of their Nation and their lawyer may also attend. Everyone attends remotely by video conference or telephone.
At the conference, a judge will try to help the parties reach an agreement about the legal issues in the case.
At a protection hearing a judge decides whether a child needs protection, and if so, the best way to protect them.
Both the Director and the parents present witnesses and have a chance to question the other party's witnesses.
The orders a judge makes at a protection hearing are usually called temporary orders because there are time limits on how long they can last, depending on the child's age. While it doesn't occur often, the Director may however, ask the judge to make a final order placing the child in the continuing custody of the Director.
At a continuing custody hearing<p><span lang="EN-US">A hearing to decide whether a child should remain in the custody of the Director after a temporary custody order expires. See section 49 of the </span><span lang="EN-US">Child, Family and Community Service Act</span>.</p> the Director asks the judge to make an order placing a child in the continuing custody of the Director. This only happens if there are very serious problems and social workers believe they cannot be solved.
Indigenous jurisdiction over child protection services
An Act respecting First Nations, Inuit and Métis children, youth and families established processes for enacting Indigenous laws in relation to the exercise of Indigenous jurisdiction over child protection matters. The court process and titles under such laws may differ from the court processes described above and should be reviewed if applicable to your matter.