What rights do I have during an MCFD investigation?

Under the Child, Family and Community Service Act (CFCSA), you have the right to know the nature of any concerns, to participate in planning for your family, and to have your cultural identity considered in any decisions. Under Bill C-92, Indigenous families also have rights tied to their nation's laws and governance.

Do I have the right to a lawyer during a child welfare investigation?

Yes. You have the right to legal representation at any point. Legal Aid BC provides services for families who cannot afford a private lawyer. You should contact Legal Aid as early as possible in any investigation.

Can I bring an Elder or cultural support person to meetings with MCFD?

Yes. You can request to have an Elder, cultural support person, or family member present during any meeting with MCFD. This is not only your right — it is recognized under Bill C-92 as part of your cultural continuity rights.

Your Rights During a Child Welfare Investigation in BC

If MCFD has opened an investigation into your family, you have the right to know what the concerns are, to participate in planning, to have legal support, and to have your culture and community recognized in every decision. These rights exist in law. Many families are never told about them.

An investigation does not mean removal is coming. Most investigations do not result in children being taken. But how you navigate the investigation period determines a great deal of what happens next.

The right to know what the concern is

MCFD is required to tell you the nature of the concerns that triggered the investigation. You should ask for this in writing. Vague or verbal explanations are harder to respond to and harder to challenge.

The right to participate in planning

Under the Child, Family and Community Service Act (CFCSA), parents have the right to participate in any family plan developed during an investigation. You are not a passive subject of this process. You are a participant.

Request to be included in every meeting where decisions about your family are discussed. If a meeting happens without you, ask for written documentation of what was decided.

The right to legal support

Contact Legal Aid BC (legalaid.bc.ca) as early as possible. Child protection matters can move quickly, and having a lawyer from the beginning puts you in a stronger position than waiting until court.

West Coast LEAF’s guide “Your Rights During Family Investigations” at westcoastleaf.org provides plain-language information about your rights at every stage.

The right to cultural recognition

Under Bill C-92, your children’s connection to their nation, language, Elders, and ceremony must be considered in every decision made by the ministry. This is not optional. It is a legal requirement.

If an MCFD worker is not raising your cultural rights, raise them yourself. Ask: “How is my child’s cultural continuity being protected in this process?”

The right to an Indigenous support person

You can request an Indigenous cultural support worker, an Elder, or a community member to be present at any meeting. If MCFD does not have a process for this, that gap matters and should be documented.

How IFISC connects to this

IFISC Pillar 2 requires that every certified provider ensures families know these rights before any decision is made. Certification means the provider has been held to that standard by Indigenous knowledge holders.

If you are working with a provider who has never explained your rights to you, the IFISC standard is what that provider should be meeting. Learn more at [email protected].

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.