Ministry of Children and Family Development (MCFD) Claims
MCFD Claims in British Columbia
The MCFD is responsible for approximately 6,500 children in British Columbia and in approximately 40% of these cases it fails to meet the standard of care required of it, by not assessing potentially urgent calls for protection quickly enough, not completing safety assessments on time, or sufficiently monitoring the well-being of children placed in foster or adoptive homes (Source: B.C. government is failing vulnerable kids and families, according to its own audits)
As a result of these failings, vulnerable children in the care of the MCFD may be exposed to harmful situations and some of these children may have legal claims against the MCFD. Further, this is not only a recent problem. There are therefore many adults with outstanding legal claims dating back several decades.
We have represented many clients with claims against the MCFD. These cases involve a tremendous amount of work and often require extensive historical fact finding and analysis. The resilience of these children never ceases to impress us. To be able to help clients in these cases is an honour and a privilege.
Types of MCFD Claims
Cases against the MCFD generally fall into two categories:
- MCFD has failed to act or support a family which resulted in harm to a child.
- A child comes to harm while in the care of MCFD.
While the MCFD is not vicariously liable for the actions of foster parents, in such cases the MCFD may be liable in negligence. Examples of such negligence include failing to adequately vet the placement of a child, failing to respond to reported problems, and failing to follow up.
How Murphy Battista LLP Can Help You With a Claim Against MCFD
Our MCFD team takes a trauma informed approach to dealing with MCFD claims and we are here to help.
If you or someone you love has experienced harm while in the care of the MCFD and you would like to explore your legal options, please contact us for a free and confidential consultation. We can answer your questions, explain your options, and provide representation.
Call us Toll free at 1-888-683-9621
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FAQs
The harm suffered occurred a long time ago. Can I still bring a claim?
The answer to this question depends on the type of claim being brought. While there is generally a two year limitation period in which claims must be brought, there are exceptions which are particularly relevant in the context of claims against the MCFD. For example, in British Columbia this limitation period does not apply to claims for sexual assault. Similarly, it does not apply to claims for assault or battery if the assault or battery occurred when the claimant was a minor.
Practically speaking, this means that there is no time limit for bringing such claims. However, the liability of the provincial government is limited to conduct occurring after August 1, 1974. Therefore, if the claim against the MCFD is based on conduct that occurred before August 1, 1974, a claim cannot successfully be brought.
Insights
Claims against the Ministry of Children and Family Development
mai 19, 2020
In 2019, the Spotlight: Child Welfare collaborative journalism project published a report revealing that the B.C. Ministry of Children and Family Development (MCFD) was failing to meet the basic requirements for children in their care. The MCFD looks after about 6,500 children. In about 40% of these cases, the MCFD…
Continue ReadingGovernment Liability for Sexual Abuse by Foster Parents
novembre 2, 2021
Cases involving physical and sexual abuse of children by their foster parents is a devastating reality that I am often exposed to in my law practice. The foster care system is meant to protect vulnerable children from abuse and neglect, yet in some cases it does the opposite – exposing…
Continue ReadingIn the News
MCFD class action alleges neglect of children in government care
janvier 10, 2023
The New West Minster Record reported on this potential class action that alleges that generations of BC children in care were deprived of the basic rights of childhood by the defendants through systemic negligence, indifferent and isolated acts of corruption. The lawsuit was filed by Catherine Stubbington and Rena Knight…
Continue ReadingCTV News interviews Scott Stanley in coverage of MCFD class action
novembre 2, 2023
CTV News covered the MCFD class action filed this past December and interviewed Scott Stanley about the proposed class action. Referencing the history of ongoing systemic problems with BC’s foster system, Scott noted that the government should have been aware of these systemic failures for generations. Scott confirmed that the…
Continue ReadingLawsuits allege years of abuse against Indigenous girls in B.C. foster homes
janvier 31, 2020
Lawsuits allege years of sexual and physical abuse against Indigenous girls in B.C. foster homes, January 31, 2020,
Continue ReadingFormulaire
Ministry of Children and Family Development (MCFD) Claim
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