GOVE INQUIRY INTO CHILD PROTECTION IN BRITISH COLUMBIA
280 - 666 Burrard Street
Vancouver, B.C.
V6C 2X8
January 11, 1995
Real Women of B.C.
Box 39068
Point Grey RPO
Vancouver, B.C.
V6R 4P1
EXECUTIVE SUMMARY
The family is still the best place to raise children.1 Parents who have established a strong
bond with their young children and who relate to them daily and abundantly, are the most
important people in their child''s world. This relationship should be tampered with as little as
possible, and for short periods of time only. Excessive, unnecessary interference by ministry
staff not only invades family privacy unnecessarily and with harmful results, it has the potential to
jeopardize children who are in real danger.2
It is true, though, that some parents do need to learn how to relate to their children, or
to properly care for them and meet their needs.
As a pro-family group representing thousands of British Columbian families, our position
is that the grounds for apprehension should be narrow, specific and legalistic, and that
legislation and director training should emphasize that respect and co-operation must be shown
to and expected from all parents.
I have also read Bill 46, and so will address our comments and practical suggestions to
both current and future ministry practices.
1) Bill 46 - 1994 Child, Family and Community Service Act
Section 2(b).
2) Protecting Our Children/Supporting Our Families: A Review of Child Protection Issues in British Columbia Province of B.C., Ministry of Social Services, January 1992. pages 26 and 27.
Who We Are
REAL Women of B.C. is the provincial chapter of a National Organization by the same
name. Our acronym stands for Realistic, Equal, Active, for Life. We are a grassroots, non-partisan, women''s political lobbying organization.
I was pleased to learn of another opportunity to speak to the issue of families and the
delivery of child protection services in B.C., especially since one of the suggestions which we
made in 1992 to the panel actually became part of Bill-46. {Section 21(2)(b)}
Policies and Procedures
We are pleased that the family is recognized as "the preferred environment for the care
and upbringing of children" and that "the responsibility for the protection of children rests
primarily with the parents". {Section 2(b)}
However, as is usually the case in life where it is not always easy to practise what we
preach, sometimes going from Guiding Principles to where the rubber meets the road, the
essence of this subsection is lost. We feel that the family, and especially the parents must be
seen and treated as worthy of respect and having dignity. Section 20 of the new act goes a long
way towards this, if the parents consent to the plan of action must also be included. We also
feel the parents should have a right to know why their children are being taken away from them,
and who is accusing them of the alleged abuse.
We feel the social worker should always have a court order before removing children
from their family. A court service should be implemented to ensure that warrants can always be
issued for apprehensions. We also recommend that in cases of removal, the case should be
brought before a tribunal within 24 hours to decide whether removal was justified or not. The
parents must be allowed to offer a defence at this proceeding.
Parents should always have easy access to the social worker involved in their case, as
well as access to their case files. They should be treated as equals by all ministry representatives
with whom they come in contact.
We also feel very strongly that social workers and the ministry must become more
responsible for their actions: unjustly accused parents, or parents and children who have been
unnecessarily separated, should have access to legal recourse to at least cover the court and
lawyers'' fees and other expenses which they incurred as a result of biased or unprecedented
actions by Ministry staff. Any charges against parents should be formally listed and the parents
must have the right to be found "guilty" or "not guilty". Parents found not guilty should not be
blackmarked for the rest of their lives.
Training
During the course of their training, aspiring social workers should be given some
mandatory training to show how cultural standards and expectations need to be recognized in
order for the social worker to be as informed as possible before making decisions.
I am also aware of a highly recommended course being taught at UBC, which would also
be an excellent requirement course for all new social workers. This course deals with
recognizing evidences of physical abuse as evidence of violence, among other things.
Training should also include an in-depth study of attachment theory and attachment
issues. Related fields such as breastfeeding infants and toddlers, discipline theory and practise,
and the dangers which interruptive alternate care such as serial foster care or longterm reliance
on large daycare centers pose to the development of the child''s bonding processes. Dr. Brenda
Hunter, psychologist and internationally published author, has written a book called "Home By
Choice -- Creating Emotional Security in Children". This book and Charlotte M. Mason''s
"Formation of Character: Shaping the Child''s Personality" (Volume 5) would be excellent
resources for this training. Course manuals could also include authors such as Dr. William Sears,
"Creative Parenting" and psychologist Dr. James Dobson, "Dare to Discipline" (among others).
Workload
Each social worker has an overload of all kinds of cases to deal with each day. Due to
this heavy load, many cases do not get processed as quickly as they should. We suggest that as
soon as cases are received they be coded according to type: need temporary homecare, need
one-time rent money, deficiency or breach of good parenting skills, manifestation of abuse, etc.
Within each category, a check-list could be used to enable a less-skilled worker (paid less) to
further categorize or even deal with simpler situations, either personally, or by passing them on
to an appropriate volunteer or paid community service provider. These categorizations and
checklist should be a part of the file and travel with it to any other ministry office in or out of the
province.
Mature workers with a balanced character and a functioning, stable homelife should be
hired, at a lower rate of pay, to deal with the many simpler cases that may not require a social
worker''s expertise.
Investigation of Complaints
We believe that in order for a complaint to be investigated, it must be signed by the
accuser. This will not hinder people from coming forward when there are true indications of a
need for investigations. It will, however, stop the appearance of unfounded complaints and
those made with malicious intent.
We also feel very strongly that the parents have the right to know their accuser; they
should also have the right to legal recourse against their accuser in the event that unproven
allegations of abuse are found to be maliciously made.
Case Management
Parents must be seen and respected as an equal partner in all decisions as they relate to
the child. In the case of an apprehension, the parents should be able to choose extended family
or friends as foster homes for thier children, unless the Ministry can prove that the parent''s
choice is totally unsuitable. If the child needs medical attention while in the care of the ministry,
the parents must be consulted and acquiese to any and all medical interventions, irrespective of
the new Infant''s Act.
In a case where one parent is abusive, but the other is not, the alleged abuser should be
made to leave the home, rather than snatching away the children from their home,
neighbourhood, schools and extended family.
Case Co-ordination
There may be a certain unwillingness on the part Ministry staff to initiate a child''s or
children''s apprehension. To remedy this, in the case of a "manifestation of abuse" file, the
checklist mentioned under the Workload Section (page 6) could include very specific
checkpoints: two doctors'' reports of abuse of a child or of siblings, signed affadavit from
accuser, history of unstable life or living situations (not necessarily causatory of the suspicion of
abuse, merely indicative of prior ministry concern in the case) and other "yellow flag" indicators,
such as substance abuse, family history of parents as victims of child abuse, or prior
categorization as a family which is lacking good parenting skills. When a certain number of
checkpoints have been reached, and the situation complies with general practice, then
commencement of filing for a court order to apprehend should be automatic.
In closing, I would like to draw your attention to Section 101 of Bill-46 which allows that
"no person is personally liable for anything done or omitted in good faith ..."
This section is patently unjust. The parents are being held accountable in the severest
way--by suffering deprivation from their children--so the person or persons who undertake to
care for the child must be willing to be held personally liable for decisions which were not made
in good faith if those decisions result in physical, emotional or mental harm or threat of harm.
We feel very strongly that if parents are treated as equals, they will be much more
cooperative with Ministry staff, knowing that their opinions and authority will be valued,
respected, and deferred to.
Implementation of these recommendations would result in a reaffirming of the family''s
importance in the life of a child. It would also go a long way towards restoring confidence in this
important but misunderstood government ministry and the professionals who are employed by
it. |
