Parents have a fundamental common law right entitling them (as opposed to the state) to custody of their child unless the safety and protection of the child requires removal from the family. The parental interest in raising and caring for a child is an individual interest of fundamental importance in our society.
The Child, Family and Community Service Act, R.S.B.C. 1996, c. 46 (the “CFCSA”) is the legislative authority under which child protection policy is administered in the province of British Columbia. The CFCSA is administered by the Ministry of Children and Family Development (“MCFD”). Under the Act, the Minister designates one or more persons as directors for the purpose of implementing the Act. The director, or directors, in turn delegate the provisions of child protection services across the province to child protection social workers.
The MCFD has many options available in order to ensure the safety of children. Navigating the MCFD’s involvement with your child or a family member’s child can be difficult and it is important to have a lawyer experienced in these issues to assist in difficult times. The lawyers at Lindsay Kenney have assisted clients with the application of the CFCSA and the MCFD’s involvement with a child. Contact an LK Law lawyer today to discuss your situation.