Can MCFD Talk to My Children at School Without Telling Me?

MCFD has the legal authority to interview children at school without parental consent in certain circumstances. Here is what the law allows, what your children's rights are, and what you can do when this happens.

Yes, MCFD can legally interview your child at school without telling you first if they believe notifying you could harm the child or compromise the investigation. This authority exists under BC law. If it happens, you have the right to know what was discussed and why you were not notified beforehand.

Finding out MCFD spoke to your child at school without your knowledge is alarming. It is also, in certain circumstances, legal. Understanding when and why this can happen — and what you can do — is the starting point.

When MCFD can interview a child without parental notification

Under the Child, Family and Community Service Act, MCFD has the authority to interview children without first notifying parents when:

  • They believe the parent may be the person posing a risk to the child
  • Notifying the parent might cause the child to be coached, threatened, or removed from reach
  • The investigation is at a stage where notification would compromise it

Schools are legally required to permit MCFD access to students during an investigation and to provide space for an interview.

What rights your child has during an interview

Children being interviewed by MCFD have the right to:

  • Have a supportive adult present in some circumstances (typically a school counselor or trusted adult who is not under investigation)
  • Speak freely without coercion
  • Not be threatened or pressured

Children are not legally required to answer MCFD’s questions. However, most children — especially younger ones — do not know this, and MCFD workers are trained interviewers.

What you are entitled to know afterward

Once the interview has taken place, you have the right to ask MCFD:

  • What the nature of the concern was
  • Why you were not notified before the interview
  • What the outcome of the interview was in terms of the investigation

Document your request and MCFD’s response in writing.

If you believe the interview was conducted improperly

If you have concerns about how your child was interviewed, you can:

  • Request a formal review through MCFD’s complaint process
  • Contact the Representative for Children and Youth (rcybc.ca), which is independent of MCFD
  • Speak to a family lawyer about whether your child’s rights were respected

The interview is not the end of the process — it is one step in an investigation that you still have the right to participate in and respond to.

If you are an Indigenous family navigating child welfare in BC and need peer support, contact KFT-Families Society at [email protected], call Lori at 604-512-3266, or visit keeping-families-together.com. IFISC operates weekly peer support circles, connects families with culturally grounded resources, and provides guidance to parents at every stage of the child welfare process — at no cost.

Frequently asked questions

Can MCFD interview my child at school without my permission?
Yes. Under BC's Child, Family and Community Service Act, MCFD workers have the authority to interview a child without parental consent if they believe parental notification would put the child at risk or compromise the investigation. Schools are required to cooperate with MCFD investigations.
Does my child have to answer MCFD's questions at school?
Children have rights during interviews, including the right to have a supportive adult present in some circumstances. However, the law does not require a child to answer questions. A school counselor or trusted adult may be present. You can speak to a lawyer about your child's specific situation.
What should I do if MCFD interviewed my child at school without telling me?
Ask MCFD in writing what was discussed, why you were not notified, and what the outcome of the interview was. You are entitled to know the nature of the investigation. Contact Legal Aid BC or a family lawyer if you believe your rights or your child's rights were not respected.

KFT-Families Society

You do not have to navigate this alone.

IFISC is operated by KFT-Families Society, an Indigenous-led nonprofit founded by people who have navigated the child welfare system firsthand. We run weekly peer support circles and connect families with culturally grounded resources across BC. Reach out — no paperwork, no waitlist.

Contact IFISC Learn how we help

[email protected]  ·  keeping-families-together.com