British Columbia Law
Foster Care in BC: Rights, Process, and What Families Should Know
Foster care in BC is governed primarily by the *Child, Family and Community Service Act* (CFCSA) and the *Child, Family and Community Service Regulation*. Here is what birth parents, foster families, and extended family caregivers need to know.
Why Are Children Placed in Foster Care?
A child is placed in foster care when MCFD determines they cannot safely remain at home. This can happen voluntarily (through a Voluntary Care Agreement signed by the parent) or through a court order. Foster care is intended to be temporary while the family situation is addressed and the child can return home safely.
The Difference Between Foster Care and Adoption
Foster care is not adoption. A foster parent does not have legal custody of the child — MCFD or a parent retains custody depending on the type of order in place. Adoption permanently transfers all parental rights. Some foster children are later adopted, but this is a separate legal process.
Types of Foster Placements
Relative or Kith Caregivers: Extended family members or close family friends can become caregivers for a child in MCFD's care. They receive support payments and are assessed for safety, but the process is less intensive than full foster licensing.
LICENSED Foster Homes: Approved by MCFD through a licensing process. Foster parents receive training, financial support, and ongoing case management assistance.
Specialized/Complex Needs Homes: For children with significant medical, behavioural, or mental health needs. These caregivers receive higher rates of support and specialized training.
Indigenous Specific Placements: MCFD is required to prioritisize placing Indigenous children with Indigenous families or community members.
Birth Parent Rights During Foster Care
If your child is in foster care, you retain important rights:
- Access (visits): You have the right to regular contact with your child. Access schedules are usually set out in a court order or MCFD agreement. If you disagree with the access arrangements, you can ask the court to vary them.
- Information: You have the right to receive information about your child's health, education, and wellbeing.
- Participation: You should be included in significant decisions about your child's care, medical treatment, and schooling.
- Legal representation: You have the right to a lawyer — Legal Aid BC covers child protection matters.
Rights of Children in Care
Children in BC's care system have the right to:
- Know why they are in care
- Be heard in decisions affecting them (age-dependent)
- Maintain connections with family, culture, and community
- Access a child's advocate — the Representative for Children and Youth (RCY) is an independent office that advocates for children in care
- Live in a safe, nurturing environment
Becoming a Foster Parent in BC
To become a licensed foster parent, you must:
- Attend an information session with MCFD
- Complete an application and home study assessment
- Pass criminal record and child protection checks for all adults in the home
- Complete MCFD's foundation training program
- Have your home inspected for safety
MCFD is actively recruiting foster families, particularly Indigenous foster families and families willing to care for sibling groups or children with complex needs.
Reunification: The Goal
BC law states that the least disruptive measure consistent with a child's safety should always be preferred. This means keeping families together, or reunifying them as quickly as safely possible, is the system's stated goal. If you are a birth parent working toward reunification, engage with MCFD's plan, attend recommended programs, maintain your access visits, and work closely with your lawyer.
The Representative for Children and Youth
If you are a young person in care, or a family member concerned about a child in care, the Representative for Children and Youth (RCY) is an independent advocate you can contact at 1-800-476-3933 or rcybc.ca. The RCY can investigate complaints about MCFD and advocate for children's rights.
This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.