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:

1. MCFD has failed to act or support a family which resulted in harm to a child.
2. 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 Caim 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.