Child Protection Practice 2015
Course Date: October 16, 2015
Total: 6h 49min
Course Date: October 16, 2015
Welcome and Introduction
Katrina Harry — Lead Lawyer, Parents Legal Centre, Legal Services Society of BC, Vancouver
Patricia L. MacDonald — Patricia L. MacDonald Law Corporation, Stewart Feenie, Vancouver
Child Protection Reports and Investigations
- legal obligation to report—s. 14 CFCS Act
- duty under Act
- failure to report—offence and penalties
- false (malicious) reporting—offence and penalties
- no duty to report during pregnancy if no other children
- protection of informant identity—s. 14 CFCS Act
- protection mandate—s. 13 CFCS Act
- s. 13 grounds for protection
- domestic violence initiatives
- special case emotional abuse—s. 13(1)(e) and s. 13(2) CFCS Act
- director’s obligation to act on reports—s. 16 CFCS Act
- initial assessment
- screening descriptions
- screening tools
- centralized screening development
- assessment process—s. 16(1.1) and (1.2) CFCS Act
- primary remedial/support options
- s. 6 voluntary care agreements, s. 7 special needs agreements, referrals to community services
- Family Development Response (FDR)
- “safety plans”—s. 16(2)(b.1)(ii)(A) and (B)
- community service options/alternatives—Fir Square Model, BC Women’s Hospital
- description of Fir Square
- Fir Square services
- Fir Square and child protection involvement
- prior to birth
- post birth
- Fir Square interactions with MCFD
- discharge planning
- investigation—s. 16(2)(c) CFCS Act
- how is this different from assessments
- initial assessment
Meena Dhillon — Social Worker, New Westminster After Hours MCFD (SQD), Meena Dhillon Law Corporation, Port Coquitlam
Yolanda Drost, BSW — Social Team Leader, MCFD Vancouver North Intake and Assessment, Vancouver
Serena Kullar — Social Worker, Fir Square Unit, BC Women's Hospital, Vancouver
Robin J. Stewart — Barrister & Solicitor (ret'd) and former counsel for Director of Child, Family and Community Service (MCFD), Vancouver
Questions & Discussion
Networking Break
Presentation Hearings
- placement options – s. 8 voluntary care agreements
- Family Law Act—who is director allowed to return to?
- collaborative meetings best practices
- collaborative process
- Family Case Planning Conference
- s. 13 concerns
- length of interim order—test for presentation hearing
Wendy Bernt — Pearlman Lindholm, Lawyers, Victoria
Lucinda Ferdon, MSW — Collaborative Practice Facilitator, Ministry for Children and Family Development, Vancouver
Katrina Harry — Lead Lawyer, Parents Legal Centre, Legal Services Society of BC, Vancouver
Questions & Discussion
Networking Lunch
Video (optional attendance)—run during Lunch: "Young People's Views on Justice: Their Lived Realities"
VACFSS Youth Advisory Committee — Vancouver Aboriginal Child and Family Services Society, Vancouver
Protection Hearings
- CFCSA s. 60—is there a finding that “child is in need of protection”?
- how can parents address protection concerns?
- resources available
- MCFD required to provide services
- requirement to serve band if child is Aboriginal—what to do if parent does not want band involved
- mediation
- access
- mandate to return child to family
Jennifer G. Barrett — Quadra Legal Centre, Victoria
Henriette Chabot — Mental Health Legal Advocate, The Kettle Society, Vancouver
Crystal Phillips — Child Protection Mediator, Vancouver
Jeffrey J. Speed — Speed Law Corporation, Vancouver
Questions & Discussion
Networking Break
Permanent Placements
- differences between s. 41.d and s. 49
- continuing custody
- Family Group Decision Making
- contrasting s. 54.01 and s. 54.1: permanent transfer of custody and adoption—what’s the difference?
- adoption
- entitlement to notice
- access
- delegated Aboriginal agencies
- MCFD vs. private adoption
- post CCO access
- post CCO “best interests of the child”
- public guardian and trustee
Fiona M. Beveridge — Watson Goepel LLP, Vancouver
Robert Evans — RWE Law Corporation, Vancouver
Patricia L. MacDonald — Patricia L. MacDonald Law Corporation, Stewart Feenie, Vancouver
Jennifer A. Rowbotham — Kinsman Law Group, Richmond
Questions & Discussion
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