Alberta Resources.
Is your case worker a social worker? Do they have any social work education?
Always verify the qualifications of the CFS "case worker" assigned to your file. If a case worker is involved in "intervention services" they are required to maintain minimum education requirements by Regulation. In my experience, not only will an assigned case worker not have any social work education, it is not unusual to find out that individual's supervisor has no social work education. Verify your case worker's education here: Alberta College of Social Work
In British Columbia, social workers working with MCFD are exempt from oversight from the governing powers of the BC College of Social Workers.
Administrative Review
You are entitled to request a review of a decision made by a case worker under s. 117.11 of the CYFEA. Examples of times I have requested an administrative review (not an exhaustive list - please email me if you have questions):
If you do not agree with that individual's decision, file a Form 17 requesting an appeal to the Appeal Panel. The Appeal Panel is user friendly, and you do not necessarily have to have a lawyer represent you at the appeal panel. The appeal panel is made up of civilians and sits in various jurisdictions around Alberta. Form 17 is available here.
Often times you will require disclosure from CFS in order to understand on what basis they making any decisions. You are required to apply for disclosure pursuant to s. 126.11 of the CYFEA. I am attaching a blank copy of this document for you to fill in here.
*All three documents are bring provided in Word Format so they are easier to edit. Please be aware that if you use another word processor, the formatting may change the contents.
Is your case worker a social worker? Do they have any social work education?
Always verify the qualifications of the CFS "case worker" assigned to your file. If a case worker is involved in "intervention services" they are required to maintain minimum education requirements by Regulation. In my experience, not only will an assigned case worker not have any social work education, it is not unusual to find out that individual's supervisor has no social work education. Verify your case worker's education here: Alberta College of Social Work
In British Columbia, social workers working with MCFD are exempt from oversight from the governing powers of the BC College of Social Workers.
Administrative Review
You are entitled to request a review of a decision made by a case worker under s. 117.11 of the CYFEA. Examples of times I have requested an administrative review (not an exhaustive list - please email me if you have questions):
- CFS decision to move a child
- CFS decision to exclude a member of the household from the home
- CFS decision to restrict access to a child
- CFS decision to renege on agreement to mediate
- CFS decision to move the child between schools
If you do not agree with that individual's decision, file a Form 17 requesting an appeal to the Appeal Panel. The Appeal Panel is user friendly, and you do not necessarily have to have a lawyer represent you at the appeal panel. The appeal panel is made up of civilians and sits in various jurisdictions around Alberta. Form 17 is available here.
Often times you will require disclosure from CFS in order to understand on what basis they making any decisions. You are required to apply for disclosure pursuant to s. 126.11 of the CYFEA. I am attaching a blank copy of this document for you to fill in here.
*All three documents are bring provided in Word Format so they are easier to edit. Please be aware that if you use another word processor, the formatting may change the contents.
British Columbia Resources.
I have yet to meet a lawyer in British Columbia who has ever requested an administrative review of an MCFD decision. The administrative review provisions in BC are buried in the Regulations. Under s. 15 of the CFCS Regulations, no form is required to request an administrative review. In BC it is sufficient to email your caseworker and request the administrative review. If you are represented by counsel, have your lawyer request the administrative review. You can use the above Form 16 from Alberta to assist you in drafting your request.
The MCFD is required to provide you with a decision in 30 days, and the written decision will be useful in your case as you move forward. Unlike in Alberta, there is no Appeal Panel. I do not believe that the administrative review mechanism in BC is an adequate alternative remedy because the review authority has no decision-making ability other than to return the matter to the MCFD (which is contrary to all principles outlined by Justice Evans in his authority, The Judicial Review of Administrative Action in Canada). The case law in this area of the law in BC has not been developed (and is largely non-existent in the rest of Canada). In EB v. Director, the BCSC found that the petitioner had not exhausted internal administrative review options. I believe the BCCA understood the underlying problems of the invalid subordinate legislation in the CFCS Regulations, however that issue has yet to be resolved.
In short, you should exhaust your administrative review options under the CFCS Regulations before applying for Judicial Review in the British Columbia Supreme Court (BCSC). As far as I am aware there are only two precedent petitions available to the public in this area of the law, I am attaching one precedent here and the other precedent here.
I have written about problems with the BC administrative review process here.
I have been quoted by CBC here.
I have yet to meet a lawyer in British Columbia who has ever requested an administrative review of an MCFD decision. The administrative review provisions in BC are buried in the Regulations. Under s. 15 of the CFCS Regulations, no form is required to request an administrative review. In BC it is sufficient to email your caseworker and request the administrative review. If you are represented by counsel, have your lawyer request the administrative review. You can use the above Form 16 from Alberta to assist you in drafting your request.
The MCFD is required to provide you with a decision in 30 days, and the written decision will be useful in your case as you move forward. Unlike in Alberta, there is no Appeal Panel. I do not believe that the administrative review mechanism in BC is an adequate alternative remedy because the review authority has no decision-making ability other than to return the matter to the MCFD (which is contrary to all principles outlined by Justice Evans in his authority, The Judicial Review of Administrative Action in Canada). The case law in this area of the law in BC has not been developed (and is largely non-existent in the rest of Canada). In EB v. Director, the BCSC found that the petitioner had not exhausted internal administrative review options. I believe the BCCA understood the underlying problems of the invalid subordinate legislation in the CFCS Regulations, however that issue has yet to be resolved.
In short, you should exhaust your administrative review options under the CFCS Regulations before applying for Judicial Review in the British Columbia Supreme Court (BCSC). As far as I am aware there are only two precedent petitions available to the public in this area of the law, I am attaching one precedent here and the other precedent here.
I have written about problems with the BC administrative review process here.
I have been quoted by CBC here.
