When your children are removed from your custodial care, what the MCFD social worker is doing is literally taking away your legal parental rights and assuming them for the ministry. You no longer have the right to visit or have contact with your children without MCFD approval. You no longer have the right to make decisions for the care and teaching of your children.
The court will presume that what MCFD social workers say about you is true until you prove that it is wrong. This is because the court also presumes that the MCFD action is first and foremost done with the child’s safety and best interest in mind.
This would be reasonable except for the fact that social workers are human and they make faulty judgements. When their error becomes obvious, they turn to the MCFD to protect them with its long drawn out bureaucratic processes and far-reaching power.
For example, when the reason for removing children proves to be invalid the social worker will misrepresent and even falsify information in their first presentation to the court. They will begin searching for other reasons to justify their actions and bolster their case against the parents. They know that it will take months to have another court hearing at which the parent can prove the social worker’s error.
Be aware that any given time, a social worker or their supervisor can withdraw from a court proceeding. All they have to do is explain their error to the judge and allow the judge to determine if it is appropriate to discontinue the removal of the children. But they will not do that because it means they must admit they were wrong. They will go to great lengths to justify their actions, costing the public and the parents vast amounts of money in legal fees.
Meanwhile, your children will remain in care, until such time as a judge orders them returned. You will be denied access to them or allowed supervised visitation at the discretion of the social worker. If you are allowed to visit your children, the visit supervisor will be charged with a list of visitation rules intended to control what you say and do with your children. If you break those rules, your visit will be ended and further visitation suspended. The social worker can devise any rule they choose, including that you not talk to your children about their rights nor about the fact that they are unhappy in foster care!
You can most definitely complain, but the MCFD complaints process will not address issues that are before the court. Further, each step of the complaints process allows for up to 30 days for a resolution!
You must first complain to your social worker and allow them the opportunity to, impartially and fairly, resolve your concerns. Why would they do that when your complaint is against them? Thus, you must take it to the next level, to their team leader or supervisor.
The supervisor has an interest in supporting the social worker’s stance in a complaint because they are responsible for the errors their team makes. Why would they admit that they allowed a social worker under their supervision to make a gross error in judgement?
You could consider having the B.C. College of Social Workers assist with resolving the complaint. If the social worker is registered with the BCCSW.
What is the BCCSW? It is the government mandated organization charged with monitoring the activities of social workers in our communities. But it is not compulsory for social workers to register with this governing body.
How is the public assured of fair and impartial resolution of complaints, when the MCFD has an interest in the outcome and the social workers themselves are only voluntarily accountable to the government mandated regulatory organization?
The complaints process leaves client families with no means of ensuring their social workers hold to the appropriate standards of their profession or to the MCFD mandate and service regulations.
We must insist that someone besides the social workers and their supervisors are ensuring parents’ rights are not being violated by those individuals who are prideful and prefer to enter into a power struggle rather than admit they made a mistake.
We must insist that the complaints be regulated by an outside organization without a vested interest in the outcome. We must insist that all active social workers compulsorily register with the BCCSW.
Choose to use your voice to speak out for all those who are being abused by a ministry notorious for its lack of accountability. Please sign the petition for Reforming the Ministry of Children and Family Development.
REFORM B.C. MCFD PETITION
