British Columbia (Child, Family and Community Service) v T.J.T., 2022 BCPC 193.

The three children in this matter are M.V.F, M.G.F and G.C.F, referred to as “the children”. The biological mother and father of the children are T.J.T (mother) and M.G.I.F (father). The Director is applying for a six-month extension of a temporary custody order keeping the children placed with their current caregivers, C.M.W. and J.W. This hearing takes place under section 44 of… Read Full Text ▼

The three children in this matter are M.V.F, M.G.F and G.C.F, referred to as “the children”. The biological mother and father of the children are T.J.T (mother) and M.G.I.F (father). The Director is applying for a six-month extension of a temporary custody order keeping the children placed with their current caregivers, C.M.W. and J.W. This hearing takes place under section 44 of the Child, Family and Community Service Act, RSBC 1996, c 46 (CFCSA). The Court determined that they can only make one of two decisions during section 44 hearings: to extend the temporary custody order or not. The issue is that T.J.T. wanted the Court to consider placing the children with alternate caregivers she was proposing. Since that was outside the scope of the Court’s power during a section 44 hearing, the Court could not consider the alternate caregivers. The Court did confirm that they could make an order T.J.T. is seeking if she applied under section 57 of the CFCSA.

Whether this Court has jurisdiction to consider an alternative caregiver at a hearing under section 44(3)(b) of the  CFCSA?

[17] As this was not the substantive hearing of the Director’s application for an extension of the existing temporary custody order, I was not asked to rule on the merits of same nor the application of the Act respecting First Nations, Inuit, and Métis children, youth and families, SC 2019, c 24. If the Director’s application proceeds to hearing, these issues will be before the hearing judge.

None.

Child, Family and Community Service Act, RSBC 1996, c 46.
Sections 1(1); 44(3)(b); 45; 57; 60

Provincial Court (Child, Family and Community Service Act), BC Reg 533/95.
Rule 1(2)

British Columbia (Director of Child, Family and Community Service) v D.O.S., 2022 BCSC 168. 