Understanding court orders and hearings — Information for Aboriginal families
This list explains many of the court orders and hearings for the child protection process. This process applies to you if:
- you're being investigated for a child protection matter, or
- if the Ministry of Children and Family Development (or an Aboriginal delegated agency) has removed (taken) your child from your home.
Important: If a social worker from the ministry (or an Aboriginal delegated agency) contacts you or visits your home, you have the right to get a lawyer. The social worker may remove your child from your home. Call Legal Aid immediately to find out if you qualify for a free lawyer.
Legal Aid
604-408-2172 (Greater Vancouver)
1-866-577-2525 (no charge outside Greater Vancouver)
Ask your lawyer or social worker about getting an Aboriginal child protection mediator to help with your case.
Tip: As you review the terms below, you may find our poster outlining the Aboriginal Child Protection Process helpful.
Access order
An access order says when you can visit your child. If the ministry removes your child from your home, you can apply for access. You can do this even if the judge makes a custody order that says your child will live with someone else.
Note: Apply for access as soon as you can.
Consent order
If you and the ministry agree about how your child should be cared for, the judge will make a consent order. This means that you won't have to have a full protection hearing.
Continuing custody order
Your child will stay in foster care without any limits on how long it will last. The judge will usually only make a continuing custody order if there is a serious problem that can't be fixed within a certain amount of time.
Interim custody order
Your child will stay in foster care for a certain amount of time. The order will say when and how you can visit your child. The judge can make this order at the presentation hearing.
Interim supervision order (your child stays with you)
Your child will live with you with the ministry's supervision. The order will include the supervision terms you must follow. The judge can make this order at the presentation hearing.
Interim supervision order (your child stays with someone else)
Your child will live with someone else (a family member or friend) with the ministry's supervision. The order will say:
- how your child will be cared for, and
- whether you can have visits.
The judge can make this order at the presentation hearing.
Presentation hearing
The first time you go to court. The judge will ask you if you agree with what the ministry wants to do. The judge:
- will make an order right away, or
- may set up another hearing so that he or she can learn more about your case.
If the ministry:
- removes your child from your home, the presentation hearing must start within seven days.
- applies for a supervision order without removal, the presentation hearing must start within 10 days.
In either case, the ministry will notify you of the hearing date.
Protection hearing
When the judge decides who will care for your child for a longer time period. The protection hearing usually follows the presentation hearing. The protection hearing must start no more than 45 days after the presentation hearing ends.
If you and the ministry agree about how your child should be cared for, the judge will make a consent order. This means you won't have to have a full hearing.^ Back to top
Report to Court
When you go to court, your social worker or lawyer must give you a copy of the Report to Court. This document should say:
- why the ministry removed your child from your home or asked for a supervision order,
- what the ministry tried doing before that, and
- what the ministry wants to do next.
Supervision order without removal
The ministry wants you to follow a certain plan to protect your child. If you agree to do what's asked in the order, your child can stay with you. The terms of the plan are called the supervision terms (see below).
Supervision terms
The ministry will ask for you to meet certain terms and conditions so that your child stays safe. If you agree with these terms, your child may be able to stay in your care under a supervision order (above).
Temporary custody order (your child is placed in foster care)
Your child must stay in foster care for a specific length of time. The order will say when and how you can visit your child. The judge can make this order at the protection hearing.
Temporary supervision order (your child stays with you)
Your child will live with you, but the ministry will supervise you. The order will include supervision terms that you must follow. The judge can make this order at the protection hearing. The order will last for a specific length of time.
Temporary supervision order (your child stays with someone else)
Your child will live with someone else (a family member or friend) with the ministry's supervision. The order will say:
- how your child will be cared for, and
- whether you can have visits.
The judge can make this order at the protection hearing. The order will last for a specific length of time.
Find out more
The following resources may be of help to you and your family:
- The Aboriginal section of the Legal Aid website — Child protection page
- Our fact sheet Understanding Court Orders and Hearings
- Our fact sheet Understanding the Extended Family Program
- Our poster outlining the Aboriginal Child Protection Process
- Our Aboriginal Child Protection Wallet Card
- Our fact sheet Understanding Aboriginal Child Protection / Removal Matters
- Our fact sheet Child protection and the Aboriginal community
To see what other kinds of resources are available to you, return to the Aboriginal people community page.
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