r/legaladvicecanada • u/bababooeybluh • 11h ago
British Columbia Unsure if rights as a foster parent are being violated
I am currently a foster parent operating in the BC lower mainland in a 2 bedroom resource. 2 youths (brother and sister) were placed in my care in the beginning of March. It was decided in late June that the brother would be placed in his aunt’s care. The sister was given the option as well but she decided to stay in my care as we had developed a bond and she liked the quiet and one-on-one care I could provide (aunt’s already had other kids and her brother had complex needs which had often led to the sister being pushed to the side). Things have been going great with the sister and she’s really thrived in my care since.
Previously I had taken in youths that would be classified as “high risk” (substance abuse issues, gang violence, vulnerable to sexual exploitation, etc) and had to give notice on the previous 2 youths placed with me as I felt like my home didn’t have the resources needed to keep them from harm. They had also attempted to physically assaulted my respite worker, amongst other issues. Since then, I had asked my resource worker to be given referrals for youths that are less high risk, as the previous youths had taken a toll on me and my worker’s mental and physical health, which led to the siblings being placed in my care.
There have been difficulties with finding another youth to place in the house with the current one. She is younger and while she has been around drugs and violence before she was placed in my care, she herself is not involved in those kinds of activities, and there were worries of her being influenced if we were to place a “high risk” youth alongside her. I had been told a couple months ago that it was suggested by a different resource worker that the current youth in our care be placed elsewhere to open up the beds for higher risk youth. I refused as I felt that would negatively impact her as she likes living with me and has really bonded with me, and I feel like she’s really blossomed in my care. She has a history of unstable living and being shafted to the side and I didn’t want to be another adult that let her down. There was a placement of another girl in early August, but she only stayed with me for a week before she was reunited with her mother. Since then, I have gotten no other referrals.
On Friday I was asked by the youth’s social worker about her upcoming move. This took me by surprise because my resource worker hasn’t spoken to me since late August. This seemed to surprise the social worker as well. I found out from her that she had been told that the youth had already been found a different placement, and that another youth had already been placed in our care and was set to move in after the current youth was moved out. This was another shocker as I hadn’t been sent any referrals at all, which has been the standard protocol since I became a foster parent as I have the choice to accept or deny based on the information given to me about the youths. By the time I was informed, it was too late for me or the youth to contact the BC foster parents help line or the youth advocate.
The whole thing feels very shifty. I have yet to be contacted by my resource worker, but I have been told that 2 other resource workers besides my own were responsible for making this deal. The youth is absolutely distraught and cried when she was told, and has confirmed that she doesn’t want to move. I feel like this is a violation of rights not only of hers (children in care have the right to have their views heard/considered and to participate in decisions that affect them) but of my own. This decision was made without consulting either of us, and I can’t help but think that it was planned this way as I had made my stance clear previously that I didn’t want her to leave my care.
I have only been working with this resource worker for a year as my previous resource worker retired, and there have been issues that I’ve had with her (lack of communication, needling about the financial aspects of my contract, not advocating for us when problems arise with other ministry workers, etc). I have never had a situation like this come up ever in my years of working as a caregiver with the ministry. I have never had a resource worker go behind my back to remove a youth from my care, or place another youth in my care without my input. I had previously had a youth in my care years ago that was difficult to place another youth with, and he stayed in my care for months without issue or pressure from the ministry before he was reunited with his family.
The youth has been scheduled to move out on Friday and I am wondering if I have any legal recourse to stop this from happening. I worry about her mental health should she be removed from my care, and I am worried this will set a precedent with my current resource worker to continue making decisions about the youth in my care without my input. I have been trying to find out if this violates my rights as a foster parent but it has been difficult to find a clear cut answer online. Any advice would be appreciated.