Child and Family Services Law and Practice

Practice Point

Get the guidance you need to effectively practice child and family services law

This publication is essential for: practitioners who need guidance on the substantive law and procedure for child and family services matters and the contextual issues underlying this practice area

Child and family services law poses unique challenges. Need to understand how to practice effectively in this area? Let Child and Family Services Law and Practice support you with valuable guidance on all aspects of your practice. In addition to analysis and direction on substantive law and procedure, this manual provides you with important context on the continuing impacts of Canada’s colonial history, as well as children’s rights, and insights on taking an informed approach to the issues that may arise in child and family services law.

This comprehensive manual is essential for new lawyers who need guidance to start their practice in this demanding area of law and for seasoned practitioners who need the latest information and a convenient reference for specific practice points.

With this resource, you will be able to:

  • easily access the current legislation governing child and family services matters, and quickly identify the leading case law and key principles and practice points
  • understand the relationship between Canada’s colonial history of intervention with Indigenous children and families and the current child and family services system
  • improve your practice by incorporating principles of trauma-informed practice and cultural humility

Buy today and provide vital support on family law files to your firm!

Highlights of the first release include:

  • chapters exploring governing laws and principles in child and family services law and highlighting Indigenous approaches and perspectives and the rights of children
  • chapters addressing contextual matters and practice in child and family services law, including cultural humility, trauma-informed practice, Charter challenges and class actions as remedies, and guidance on working for and with people with Fetal Alcohol Spectrum Disorder
  • chapters explaining substantive law and procedure and guiding readers through the mechanics of a child and family services file, including both the processes under of the Child, Family and Community Service Act and suggestions for collaborative and creative alternatives
  • the complete text of An Act respecting First Nations, Inuit and Métis children, youth and families, the Child, Family and Community Service Act, the Child, Family and Community Service Regulation, and the Provincial Court (Child, Family and Community Service Act) Rules, all annotated with cases under the specific sections of the legislation
  • checklists and forms and precedents to support child and family services lawyers in their practice

Editorial Board
Kristine P. All — Thorpe & Company Lawyers, Vancouver
Fiona M. Beveridge — Fiona Beveridge Family Law, Vancouver
Harshada Deshpande — Parents Legal Centre, Vancouver
Katrina Harry, KC — Law Society of British Columbia, Vancouver
Agnes Huang — Saltwater Law, Vancouver
Laura Matthews — Matthews Mediation, Mission
Crystal Reeves — Mandell Pinder LLP, Vancouver

Authors
Kristine P. All — Thorpe & Company Lawyers, Vancouver
Breanna Arcand-Kootenay — Ministry of Attorney General, West Kelowna
Angela Bespflug — Murphy Battista LLP, Vancouver
Fiona M. Beveridge — Fiona Beveridge Family Law, Vancouver
Roslyn Chambers — RKC Law, Vancouver
Meena H.K. Dhillon — Meena Dhillon Law Corporation, Port Coquitlam
Colin Ferguson — Ferguson Family Law, North Vancouver
Katrina Harry, KC — Law Society of British Columbia, Vancouver
Agnes Huang — Saltwater Law, Vancouver
Dawn Johnson — Mandell Pinder LLP, Vancouver
Paul LeBlanc — LeBlanc Law, Prince George
Laura Matthews — Matthews Mediation, Mission
Caitlin Ohama-Darcus — Lawson Lundell LLP, Vancouver
Crystal Reeves — Mandell Pinder LLP, Vancouver
Sarah Runyon — Marion & Runyon, Campbell River
Pamela Shields — Pamela Shields Law, Chilliwack
Paige Wilson — Department of Justice Canada, British Columbia Regional Office, National Litigation Sector, Vancouver
Danica J. Vance Grimard — Lindsay Kenney LLP & the Child and Youth Legal Centre, SCYOFBC, Vancouver
Michael Zimmerman — Lindsay Kenney LLP & the Child and Youth Legal Centre, SCYOFBC, Vancouver

Chapters

Part I: Introduction

1.  Introduction

Part II: Child and Family Services Law in Context 

2.  Governing Law and Principles
3.  Indigenous Approaches and Perspectives
4.  Rights of Children
5.  Practice with Cultural Humility
6.  Trauma-informed Practice
7.  Fetal Alcohol Spectrum Disorder
8.  The Charter

Part III: Mechanics of a Child and Family Services Law File

9.  Reports and Investigations
10.  Services Without Removal
11. Removal of a Child
12.  Interim and Temporary Measures and Processes
13.  Permanent Measures and Outcomes
14.  Appeal and Review Processes
15.  Procedure

Part IV: Annotated Legislation

16.  An Act respecting First Nations, Inuit and Métis children, youth and families, S.C. 2019, c. 24—Annotated
17.  Child, Family and Community Service Act, R.S.B.C. 1996, c. 46—Annotated
18.  Child, Family and Community Service Regulation, B.C. Reg. 527/95—Annotated
19.  Provincial Court (Child, Family and Community Service Act) Rules, B.C. Reg. 533/95—Annotated

Tables
Case Table
Statutes and Related Material Table
Index