Staying Out of Court
Staying Out of CourtYou can get legal advice as soon as a social worker contacts you about your children. Call Legal Aid BC to make an appointment with a lawyer.
604-408-2172 (Greater Vancouver)
1-866-577-2525 (elsewhere in BC)
1-888-522-2752 (Parents Legal Centre)
You and your family have a right to be involved in deciding about your child’s care. Whenever possible, and at any time during the process, the director will work with parents or guardians rather than take a case to court. The director tries to negotiate with you to decide what’s best for your child.
If you can negotiate an agreement or a plan with the director, that can be less stressful and faster than if you go to court. You can work out an agreement for free through collaborative planning and decision making.
Negotiating with the director could help you keep your child safe in your home, or at a trusted friend or family member’s home, until you can have your child back at home.
You can negotiate an agreement at almost any time, such as:
- after the social worker tells you there are concerns about your child’s safety
- when your case is going to court
- when a judge’s order has ended
The social worker may say the ministry will remove your child if you don’t sign an agreement.
- Ask for time to find a lawyer. Get a lawyer as soon as you can.
- You can also ask for mediation or other services.
- If you don’t have time to talk to a lawyer and you sign an agreement to keep the ministry from removing your child, talk to a lawyer as soon as possible to find out what to do next.
Collaborative planning and decision making
Collaborative planning and decision makingWhen the director makes a decision about protecting a child, everyone in the family is affected. In the past, parents weren’t allowed to help decide about their child’s care.
The director now agrees it’s good to get parents involved to decide how to care for their children. The ministry has a policy called presumption in favour. This policy says when there’s a disagreement about plans for a child’s safety, it’s best for the social worker and parents to use collaborative planning and decision making to work out an agreement for free.
This means you and the social worker talk together to understand your child’s needs. Then you and the social worker can make the best plan together for your child’s safety in a way that suits your family.
If the social worker doesn’t suggest using collaborative planning and decision making, you can ask for it.
Collaborative planning and decision making can help you:
- involve other family and supportive community members to make a plan for your child’s care
- reach an agreement with the social worker about support services your child needs
- decide where your child will live and how to keep your child safe
- choose what services your family needs
- plan for your child to return home
- decide how your family and community will support you and your child
As a parent, you can use options that are part of collaborative planning and decision making to reach agreements with the social worker for your child’s care. The goal is for you to be involved in making decisions about your child’s care. Collaborative options include:
- a family case planning conference
- a family group conference
- traditional decision making for Indigenous families
- mediation
The director strongly supports the collaborative approach. Many parents who used one of the collaborative planning and decision-making options said it was a positive experience. They said the director listened to them.
You can choose to use collaborative planning and decision making at any time for free to make a plan with the social worker for your child’s care. It’s a good idea to have a lawyer to help you.
Family case planning conference
You can ask for a family case planning conference for a fast response to the situation. The conference is usually under 90 minutes. It focuses on immediate concerns, next steps to keep your child safe, and how to move the plan forward for your child’s care.
- You meet with a trained facilitator.
- You can invite your lawyer, family, and support people to attend.
- Everyone who attends gets a copy of the written plan at the end of the conference.
Family group conference
You can ask for a family group conference, sometimes called family group decision making, at any time during the agreement process.
You meet with family members and other people involved in caring for your child. If you don’t have a lawyer and your extended family is available, a family group conference is useful to develop a plan of care. See Work out a plan of care for your child. You can also ask your lawyer, advocate, or friends to take part.
- A family group conference coordinator organizes the conference and may be there.
- You meet in a place where everyone feels comfortable.
- The people you invite talk over concerns about your family and how to deal with them.
- You and your family members who take part in the conference make the decision about how best to care for your child.
- A social worker reviews your decision and discusses it with you.
Traditional decision making for Indigenous families
If you’re an Indigenous parent, you can choose traditional decision making to help develop a plan of care for your child. See Work out a plan of care for your child. The meetings are like family group conferences. Traditional decision making also involves your community.
- Your extended family can come to the meetings. Your community’s leaders may be there.
- You can make decisions based on your cultural traditions and values.
- You can ask to use traditional decision making at any time when you deal with a social worker.
The new federal law, An Act respecting First Nations, Inuit and Métis children, youth and families, establishes minimum standards for social workers involved with Indigenous families. The act provides more guidance for the social worker to consider what’s best for Indigenous families in areas such as cultural connection, ties to community, and involvement of the child’s Nation(s) at an earlier stage.
Mediation
Any time you don’t agree with the social worker, or you think more discussion is needed to plan for your family’s needs, you can ask for mediation to help you work things out. A mediator is a specially trained person who doesn’t take sides. The mediator meets with you, the social worker, and anyone else involved in the case who you want at the meeting.
If you have a lawyer and the social worker has a lawyer, the mediator sits with you, the social worker, and both lawyers to develop a plan of care for your child. See Work out a plan of care for your child.
You can ask for mediation at any time, including:
- when you’re trying to work out an agreement, a safety plan, or a plan of care with the social worker
- any time you don’t agree with what the social worker wants, or you want to request an agreement
- after the court hearings have already happened
If you’re an Indigenous parent, you can ask about getting an Indigenous mediator to help with your case.
What an agreement can cover
What an agreement can coverAn agreement with the director can include:
- support services the director can give you to help you take care of your child, called a service agreement; and can include counselling, in-home support, respite care, parenting programs, and services to support children who witness family violence
- the safety plan you and the social worker make about how you’ll care for your child during the investigation. See When a social worker contacts you.
- which friends or family members can care for your child for a while, called an Extended Family Program agreement.
- how the director will care for your child for a limited time, called a voluntary care agreement.
- a plan of care you and the social worker make to meet your child’s needs; for example, who takes care of your child while your case is in court. See Work out a plan of care for your child.
- an access agreement about when and where you can visit with your child if the social worker removed your child from your home; for example, an access agreement may say how often you can visit your child, how long each visit is, and if you can be alone with your child
- any other arrangement you and the social worker want to make during the investigation or court process, or even after you’ve been to court.
Extended Family Program agreement
If the social worker removes your child from your home, you can ask to have your child placed to live with a friend or family member under an Extended Family Program agreement.
- You remain the legal guardian of your child.
- The person caring for your child is usually a family member and gets money and support services from the ministry to care for your child.
Voluntary care agreement
If you think the ministry might remove your child from your home, you can ask about a voluntary care agreement.
- You volunteer to place your child in foster care, usually for a short time. For example, if you’re a single parent and have to go to the hospital or a treatment program, you can ask for your child to be placed in foster care until you return home.
- You work with the social worker to make a plan for the earliest possible return of your child and for support needed to help you care for your child. If you’re Indigenous, your child’s Indigenous community could also be involved in making this agreement. The goal is to reunite children with their families as soon as possible.
- The initial term of a voluntary care agreement is usually for the least time you need to get over your crisis and depends on your child’s age. If you can’t care for your child after this initial time, the agreement can be renewed for a limited number of months based on your child’s age.
Foster care in your community
It’s helpful to have someone in your community approved as a foster care parent. If the ministry removes your child, your child can stay in foster care in their own community. Having foster parents in an Indigenous community can help keep children in their own communities, and sometimes in their schools and daycares. Several steps are involved for someone to become a foster parent. They must:
- complete an application and a criminal record check (everyone over 18 in the home must complete a criminal record check)
- get a medical assessment
- provide reference letters
- attend a foster parent orientation
- participate in a home study
There’s a high need for Indigenous foster parents. Support services are available from the Federation of Aboriginal Foster Parents. You can get more information from your delegated Aboriginal agency or local ministry office.
Placement after the ministry removes your child
If the ministry removes your child from your home, and a family member or family friend would like to care for them, you can speak to the social worker. You should also speak to a lawyer to get legal advice about different agreements to care for your child, even after your child has been placed in a ministry foster care home.
Your family member or friend may be able to care for your child under an out-of-care order. This means the social worker places your child with them instead of in foster care. This is called out-of-care placement. The social worker does their own assessment of your family member or friend.
The assessment will likely include:
- police and ministry history checks
- a request for reference letters
- visits to your family member or friend’s home
- personal interviews
If your family member or friend are approved for out-of-care placement, they:
- care for your child for a fixed period of time
- get financial support to care for your child
- can get legal advice from family duty counsel at their local courthouse
Tips about making agreements
Tips about making agreementsIf you’re thinking about making an agreement with the social worker, or if you’re in the process of making an agreement, keep these tips in mind.
Get help from a lawyer or advocate
- If possible, get help from a lawyer or advocate as soon as possible and before you try to reach an agreement with the social worker. The lawyer or advocate can go with you to meetings, help explain your rights, or help negotiate with the social worker.
- If you can’t get a lawyer or advocate to help you understand and write the agreement, get a lawyer to check the agreement once it’s written — before you sign it, or after you sign it (if you signed without getting advice).
For information about how to get legal aid help for yourself or your child, see Legal Help.
Be part of making decisions
- It’s important that you’re part of making the agreement. For example, if you use drugs or alcohol, you may decide to work with a counsellor to help you deal with it. Be sure the agreement lets you choose a counsellor or program you think you can work with.
- It’s also important to let the social worker know if there’s a reason the agreement stops working for you (for example, your situation changes).
- It’s important to be on time for all your meetings. Call the social worker ahead of time if you can’t go to a meeting or may be late. The social worker keeps track of when you’re late or when you miss an appointment.
Be realistic about what you agree to
- Ask the social worker to be clear about the services or programs you and your family will get. Only agree to do something you clearly understand, or you think you can do. If you don’t do what you agree to, you may have serious problems later.
- Ask the social worker to say exactly what you have to do and what happens if you don’t meet all the terms. Get this included in your written agreement.
- The agreement should be clear about how the social worker decides when you’ve done something — and if you’ve done it well enough. For example, if the social worker says you have to take a parenting course, do you have to go to every class and prove you did, or is it enough for the person giving the course to say you finished it?
Check time limits
- Be sure the agreement gives you enough time to make the changes you have to make. If you agree to do something by a certain date, make sure that’s possible for you. The social worker may take serious action if you don’t follow the agreement.
- Check that programs and people you’re going to rely on will work within the time limits in the agreement.
- When you negotiate, think about how your situation could change. Ask for flexible time limits. It isn’t easy to make changes within a family. Your agreement should allow for that fact.
Put everything you agree to in writing
- Make sure everything you agree to do and everything the social worker agrees to do is put in writing. It’s very important the written agreement says exactly what you and the social worker are expected to do.
- You can refer to the document to make sure both you and the social worker meet your responsibilities. Keep a copy handy to remind yourself of what everyone agreed to.
Keep notes
- Always keep notes when you speak to or meet with the social worker, your community worker, advocate, or lawyer. Also keep track of court dates, meetings, and deadlines. Mark them on your calendar.
- It’s best to use one notebook for all your notes, records, and timelines. That way, all of your papers are in one place.