Dispute Resolution Office
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Child Protection Mediation Program
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If parents or other people who are responsible for the care of a child have a dispute with the Ministry of Children and Family Development
about how a child is being cared for, the disagreement can often be resolved, or partly resolved, through mediation.
Background
In British Columbia, the Child, Family and Community Service Act (CFCSA) is the law that describes what steps must be taken if a child
is not living in a safe environment or there are concerns about a child's safety or health. The CFCSA gives social workers with the
Ministry of Children and Family Development responsibilities and powers to take action if a child is not safe. This can sometimes include
removing children, for their own protection, from their families.
In most cases, once a child is removed, the Provincial Court of British
Columbia becomes involved in the child protection case. The social worker has a responsibility to appear in court within seven days
of a child's removal, and a judge will decide if the removal was appropriate. The CFCSA
describes other steps in the court process that may be necessary if the parents and the ministry cannot agree on ways to make sure a
child lives in a safe and healthy environment.
Mediation
With mediation, disagreements can often be resolved more quickly and in a less adversarial manner than in the court system. Mediation
is a process whereby a neutral third party with no decision making power - the mediator - helps people to negotiate a settlement to
their dispute. In B.C., mediation is used to resolve many kinds of legal disputes, including small claims disputes in the Provincal
Court and motor vehicle personal injury cases in the Supreme Court, as well as family disputes that occur when parents separate.
The Child Protection Mediation Program has been available in B.C. since 1997. The Child
Protection Mediation Program Bulletin provides basic information about the program. Every year there are more parents and social
workers who choose to use mediation to try and resolve disagreements. About 70 per cent of the cases that go to mediation result in
the disagreements being either completely or partly settled.
Click here
to see the brochure for parents: What is Child Protection Mediation?. For more detailed information, see the document Child
Protection Mediation - Questions & Answers. [PDF]
Click here for translated versions of the What is Child Protection Mediation? brochure.
If the disputing parties decide to participate in mediation, they select a mediator from the Child Protection Mediation Roster and
then work with the mediator to settle the dispute. Click here
for a list of child protection mediators.
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Facilitated Planning Meetings
Another kind of mediation opportunity - a Facilitated Planning Meeting - is available in some areas of the province. In these cases,
a mediator meets with the parents and the social worker and helps them negotiate an agreement. Before the planning meeting starts, the
mediator meets separately with the parents and the social worker for an orientation session, in order to:
- Talk about their side of the dispute,
- Help them list the things they would like to discuss at the planning meeting,
- Explain how the planning meeting and mediation work, and give them other information about the process.
The Facilitated Planning Meeting
Backgrounder [PDF] describes the step by step process of a Facilitated Planning Meeting.
For information about referring cases from Langley, Guildford, Surrey North, or Newton, please see the Surrey
Court Project Information Sheet. [PDF]
For information about referring cases from Burnaby, New Westminster, Maple Ridge, or Tri-Cities, please see the Fraser
Service Information Sheet. [PDF]
For information about referring cases from Abbotsford, Mission, Chilliwack, or Hope, please see the Upper
Fraser Service Information Sheet. [PDF]
The Surrey Court Project was run as a pilot program in 2001/02. See Surrey
Court Project - Background. [PDF] If you would like to know more about the evaluation of this pilot, you can read the Executive
Summary [PDF] or the entire Final Report. [PDF]
For Mediators
If you are a mediator, and you would like to know what qualifications are required in order to be on the Child Protection Mediation
Roster and what is involved in the selection process, see the information sheet Mediator
Qualifications.[PDF]
For Parents and Guardians
If you would like to know more about mediation in general see the Dispute Resolution Office web site. If
you are thinking about using mediation for a case involving your child, be sure and look at the What
is Child Protection Mediation? [PDF] brochure and you may want to look at Child Protection
Mediation - Questions and Answers. [PDF] You can also talk to your social worker or you can talk to a child protection mediator
about your case - see the Child Protection Mediation Roster
to find a mediator in your area.
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