If the social worker decides your child needs protection, they have to take action to make sure your child is safe and well cared for. The social worker may decide to take different actions, including:
- not to remove your child from your home but ask you to make certain changes to your home or your life, or
- to remove your child from your home.
Child not removed — protection required
The social worker may decide your child needs protection and may ask you to sign a safety plan or written agreement for support services.
If you and your social worker can’t work out a safety plan or an agreement, the social worker can apply to court for a supervision order without removal. This order outlines their concerns and conditions they want you to follow. Only the court can make orders.
- The social worker applies to court for a supervision order without removal at a presentation hearing. See also What Happens at Court.
- To get the order, the social worker gives documents to the court that include their concerns for your child’s safety and the changes they ask you to make. The social worker must also give you a copy of these documents. Get legal advice as soon as you get your copy.
- If you agree to do what’s asked in the supervision order without removal, your child can stay with you. It’s a good idea to get legal advice even if you agree to the supervision order without removal.
- You or your lawyer can also tell the judge why you agree or disagree with the information in the court documents and the order the social worker wants.
- You may feel pressured to agree to a supervision order without removal. You may think, or be told, the ministry will remove your child if you don’t agree to the supervision order. If you’re in this situation, get help from a lawyer right away.
A lawyer can try to negotiate some or all of the supervision order on your behalf. If you have a court date, it’s very important you attend court.
Get help from a lawyer as soon as you know the court date. Contact Legal Aid BC, or find out when family duty counsel is available at your local courthouse. The sooner you speak to a lawyer the better, so they can answer all your questions or concerns.
Child removed — protection required
The social worker may decide to remove your child from your home if they believe your child needs immediate protection.
- If the social worker removes your child, they have to apply to court for an interim order within seven days of your child’s removal.
- The social worker has to notify you about this application and the court hearing date.
Get help from a lawyer as soon as you know about the court hearing date. Contact Legal Aid BC, or find out when family duty counsel is available at your local courthouse. The sooner you speak to a lawyer the better, so they can answer all your questions or concerns. A lawyer can try to negotiate with the social worker for the return of your child.
Going to court
If you have to go to court, a judge decides what happens next. See If the Director Removes Your Child for what to do if you have to go to court.
Any time after the social worker starts an investigation, or if someone says you’re being investigated, you can apply for legal aid. You may get a free lawyer through Legal Aid BC. See How to apply for legal aid.