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Fleeing violence


The legal context: Assessing the child welfare legislation from a rights-based framework

THE STATE’S POSITIVE OBLIGATION TO PROVIDE SUPPORTS PRIOR TO APPREHENSION

Recommendation 1: States should pursue policies that ensure support for families in meeting their responsibilities towards the child and promote the right of the child to have a relationship with both parents. These policies should address the root causes of child abandonment, relinquishment and separation of the child from his/her family by ensuring, inter alia, the right to birth registration, and access to adequate housing and to basic health, education and social welfare services, as well as by promoting measures to combat poverty, discrimination, marginalization, stigmatization, violence, child maltreatment and sexual abuse, and substance abuse.


Title:AN ANALYSIS OF THE CHILD WELFARE LEGISLATION IN BC

Subtitle:THE BEST INTEREST OF THE CHILD PRINCIPLE AND THE LEGISLATIVE EMPHASIS ON THE CHILD’S SAFETY

Recommendation 3: the Alberta Child, Youth and Family Enhancement Act (CYFEA), provides that the best interests of the child assessment requires decision makers to provide children who have been exposed to family violence any intervention service that “supports family members and prevents the need to remove the child from the custody of an abused family member.” This is a key framing of some of the programming needed to address family violence in the case of the child welfare system and is the approach that many Indigenous community-based family service organizations electively employ to keep families together. We recommend that similar language is included in the defnition of the best interests of the child principle that directs decision-makers to turn their mind to prevention-based supports in assessing the right of the child to be protected from harm.


A LACK OF ACCOUNTABILITY AROUND A SOCIAL WORKER’S OBLIGATION TO IDENTIFY LESS DISRUPTIVE MEASURES

Recommendation 4: These examples indicate a need for there to be an explicit legal obligation on the Ministry to actively consider placing the child with extended family members or returning the child to the parent. The federal standard, as set out in Bill C-92, requires that a reassessment of available alternative placements is “conducted on an ongoing basis.”


A pathway forward

THE SHORTFALLS WITH FEDERAL AND PROVINCIAL FUNDING OF CHILD WELFARE SERVICES FOR INDIGENOUS FAMILIES

Recommendation 19: MCFD must continue to work with communities to ensure that they are being adequately funded to provide child welfare services.


Recommendations for improving prevention-based efforts

Recommendation 20: The BC government and MCFD must fund and resource supportive housing alternatives where parents and children who are at risk of harm can live. These homes should be specifically qualified to address complex family circumstances. Creative housing solutions where caregivers and children can stay together while receiving wrap-around support are especially needed in remote areas.


Recommendations for improving prevention-based efforts

Recommendation 21: The BC government and MCFD should work with Indigenous communities to fund and develop comprehensive services for families that are experiencing violence including services for abusive men and services for the entire family. These services should address intersecting needs including historical trauma, parenting skills, and substance use.


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