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BC (Director of Family and Child Services) v PK, 2002 BCSC 1762 under s 56, CFCSA supra note 49, although the court would defer to the director in determining whether best interests were served through access.
(202) Interestingly, when placing an Aboriginal child in care under s 71(3) of the CFCSA, the director is required to prioritize placement with the child's extended family or cultural community, or another Aboriginal family.
As for current provisions, section 97.1 of the CFCSA allows the director to intervene in a proceeding under the FLA, supra note 204.
(126) However, the frequency with which the combination of the mother's mental disability and the child's "special needs" is cited as a key reason for permanently terminating their relationship underscores that despite the CFCSA's disability-neutral language, the child protection system continues to operate as a significant barrier to women with mental disabilities, especially where their children are identified as having "special needs".
Paragraph 13 (1) (c) of the CFCSA deals with what is sometimes called "failing to protect".
The CFCSA states as a Guiding Principle that "if, with available support services, a family can provide a safe and nurturing environment for a child, support services should be provided".
He notes that much of the case for the Director focussed on how the Respondent did not comply with the demands made on her by the Director, and that is not what the CFCSA asks the court to consider in making a decision of this nature.
We also urge that courts be given more power under the CFCSA to order that additional services be provided to support parents.
Concerns about child safety and, unfortunately, child deaths continued after the introduction of the CFCSA. Note, however, that the child deaths did not always occur at the hands of their birth parents.
(29) CFCSA, supra note 17, s 13(l)(h) [emphasis added].
While the CFCSA, supra note 17, is silent on the issue, parental disability remains a key risk factor in the Risk Assessment Model.
(161) See also CFCSA, supra note 17 (which provides that for the purpose of paragraph 13(l)(c),"the likelihood of physical harm to a child increases when the child is living in a situation where there is domestic violence by or towards a person with whom the child resides" at s 13(1.2)).
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