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This brochure explains what you can do if the Ministry of Children and Family Development removes your child or is planning to remove your child from your home. It describes what the law says, what you can do, and what happens in court. It also tells you where you can go to get the help you need. What the law says The Ministry of Children and Family Development has a legal duty to investigate all reports about children who have been abused or neglected, or who are in danger. If the ministry believes a child is not safe, the law says a ministry social worker may remove the child. Removed children live in care (likely in a foster home) until a judge decides what is best for them. Ministry workers must go to court within seven days of the date of removal to explain to a judge why they removed a child. You have a right to tell the judge what you want for your child. What you can do • Talk to a lawyer as soon as possible If the Ministry of Children and Family Development removes your child from your home or says it is going to, you need to get a lawyer as soon as possible. If you cannot pay for a lawyer, you may be eligible for legal aid. To find out more about legal aid, phone one of the numbers at the back of this brochure. Ask for a lawyer who has experience in child protection or child removal cases. • Ask for access Ask for access immediately if you are notified that your child will be removed so that you can visit your children if the judge says that they will remain in care. If you do not ask for access right away, it may be a long time until the next hearing when you can see the judge to ask again. • Get more information Ask the legal aid office for a free copy of the booklet, Parents’ Rights, Kids’ Rights: A parent’s guide to child protection law in BC. Also ask if your local community group (or native friendship centre if you are Aboriginal) has an advocate who can provide information and support. And make sure the ministry gives you a copy of its report to court and all other relevant documents. If you have access to the Internet, go to www.familylaw.lss.bc.ca to get information about child removal. (Click on “Online self-help kits,” then “What do I need to know about child protection in BC?”) • Go to every court hearing and case conference A court hearing is a hearing in court before a judge. A case conference is a less formal meeting with a judge at the courthouse. It is important that you go to every court hearing and case conference to show the judge that you care about your child. This also gives you the chance to tell the judge what you want for your child. Ask the judge to adjourn (postpone) the hearing or case conference for a week if you did not have a chance to get a lawyer. What happens when you go to court You need to have a lawyer for your court appearances. The issues are complex, so it’s a good idea to have legal help to make sure that the judge hears your side of the case. There are two stages in the court process: the presentation stage and the protection stage. The presentation stage Within seven days of the date that the ministry removed your child, there will be a hearing (sometimes called a fix date) to set a date for the presentation hearing. The ministry should tell you the time and place of the fix date. The presentation hearing At the presentation hearing, the ministry must explain to the judge why your child was removed. The social worker prepares a report to court that details why the ministry removed your child, what other options it tried first, and how it plans to care for your child. The ministry should give you a copy of this written report well before the presentation hearing. At the presentation hearing, the judge decides: • Where your child will stay until a court decision is reached. The judge does this by making an interim custody order or interim supervision order. • Whether you can have access to your child (if your child is kept in care). The judge does this by making an access order. • Whether there will be a protection hearing. If you do not agree with what the ministry wants, the judge may decide to move your case to the protection stage. The protection stage Within 45 days of the date that the judge made the interim order, there will be a hearing (known as a commencement date) to set the date for the protection hearing. Ten days before this commencement date, the ministry must give you a copy of its application (a document that says what kind of order it will ask the judge to make). The ministry must also give you a copy of its plan of care, which outlines how it plans to take care of your child. The commencement date At the commencement date, you can say whether you agree or disagree with the ministry about the court order it has proposed. If you do not agree, the judge will set a date for the protection hearing. First, there will be a case conference. Note: Ask for access immediately if you are notified that your child will be removed since it may be weeks until the next hearing when you can ask for access again.
