My Children Have Been in Care for Six Months — What Happens Next Legally?
Six months is a critical threshold in BC child welfare proceedings. Here is what changes at six months, what MCFD is required to do, and what decisions are approaching that you need to prepare for.
Six months is when MCFD must formally review the plan for your children. This is the moment the system begins making longer-term decisions. If you have not yet made measurable progress on your reunification plan, the next few weeks are critical. Get legal advice immediately and document every step of your progress.
The six-month mark in a child welfare case is not just another milestone — it is when the legal framework begins pushing toward permanent decisions.
What BC law requires at six months
The Child, Family and Community Service Act sets out time limits for temporary care. These limits exist because the law recognizes that children need permanency and cannot be held in limbo indefinitely.
At or before six months, MCFD is required to conduct a formal review that answers: is this child returning home, going to an extended family arrangement, or does MCFD need to pursue longer-term options?
The three directions MCFD can go
After the six-month review, MCFD’s plan will move in one of three directions:
Reunification — MCFD determines that return home is achievable, and a transition plan is developed. This is the best outcome and the one to actively work toward.
Permanent extended family placement — a family member or community member becomes the permanent caregiver through a legal arrangement other than MCFD custody.
Continuing Custody Order — MCFD applies to court for permanent custody, which ends your parental rights. This is the outcome to avoid and the one that requires urgent legal action to contest.
What to do right now
If your children have been in care for six months:
- Request a copy of your current reunification plan from MCFD in writing
- Ask MCFD what their current assessment of your progress is
- Contact your lawyer immediately to understand what MCFD’s next steps are likely to be
- Document every program you have completed, every visit you have attended, and every support you have engaged with
The evidence of your progress that you bring to the six-month review shapes the direction the case goes.
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
- What happens legally at six months of a child being in MCFD care in BC?
- BC's Child, Family and Community Service Act sets time limits on how long children can be in care under temporary orders before MCFD must make a long-term decision. At six months, MCFD is required to conduct a review and determine a plan — either working toward return home, establishing a permanent arrangement with extended family, or pursuing a Continuing Custody Order.
- What is the difference between a Temporary Custody Order and a Continuing Custody Order at this stage?
- A Temporary Custody Order (TCO) is time-limited and does not end parental rights. A Continuing Custody Order (CCO) is permanent and ends the legal parent-child relationship. The six-month review is when MCFD must assess whether a TCO should be extended, whether reunification is achievable, or whether they intend to pursue a CCO.
- What can I do to avoid MCFD applying for a Continuing Custody Order?
- Demonstrate measurable progress on your reunification plan. This means completing required programs, maintaining consistent visits, maintaining stable housing, and engaging with support services. The more documented evidence you have of progress, the stronger your position against a CCO application.
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.
[email protected] · keeping-families-together.com