British Columbia (Children and Family Development) v S.M.B. and E.M.Q., 2025 BCPC 83.

Is the applicant, B.L. a care provider under s.13 of the Federal Act and by virtue of this legislation entitled to be a party?

Should the Court exercise its discretion to grant the Applicant B.L. party status pursuant to s. 39(4) of the CFCSA?

[44] The Federal Act calls for a new approach in the delivery of child protection services which recognizes the tragic history of residential school and the 60’s scoop, the intergenerational impact and the significance of cultural connections for the children. The Federal Act imposes national standards for the care of Indigenous children, and applies to the provision of child and family services to Indigenous children.

[53] I also note that caregivers are not included as care providers under the Ministry of Children and Family Development Policy 1.1 Working with Indigenous Children, Youth, and Families and Communities under the CFCSA (effective January 1, 2020 and amended in April 18, 2024). This policy directive states that the federally defined “care provider” is to include “a person who cares for a child/youth in an out-of-care living arrangement but does not include caregivers (foster parents)”. (Retrieved from the Government of British Columbia website: https://www2.gov.bc.ca/assets/gov/family-and-social-supports/data-monitoring-quality-assurance/reporting-monitoring/policy_1_1v19.pdf)

[55] For these reasons, I find that Ms. L. does not meet the definition of a care provider and is not entitled to party status pursuant to s.13 of the Federal Act. To be clear, in this decision I am not saying that foster parents cannot be care providers; rather, the facts in the case do not support this finding.

None.

• Section 1: Definitions
• Definition: care provider
• Section 4: Minimum standards
• Section 8: Purpose
• Section 9: Principles
• Section 10
• Section 13: Representations and party status

Child, Family and Community Service Act, RSBC 1996, c 46. (CFCSA)
Sections 1; 39(4); 54.1

ABM v British Columbia (Director of Child, Family and Community Service), 2024 BCSC 312.

BC (Child, Family and Community Service) v SB and DMB, 2022 BCPC 140.

British Columbia (Child, Family and Community Service) v SH, 2020 BCPC 82.

JW v British Columbia (Director of Child, Family and Community Service), 2023 BCSC 512.