B.C.’s public guardian is suing the Ministry of Children and Family Development and director of child welfare alleging a child suffered a traumatic brain injury in his parents’ care while the ministry knew they were abusive.
A B.C. Supreme Court lawsuit filed by the Public Guardian and Trustee of B.C. April 30 alleges the director knew in 2004 that the child’s parents were using cocaine, were indebted to a drug dealer and that the mother “was using inappropriate physical discipline on her children.”
The suit names the child but anonymizes the parents and says the defendants are aware of their identities. Glacier Media has chosen not to use the child’s name.
The lawsuit alleges the ministry was aware the mother was using cocaine at the time of her pregnancy, using that continued after his Sept. 28, 2003 birth.
It further alleges the defendants were aware the mother had issues caring for her other child, including neglect and emotional and physical abuse.
The claim asserts that, after the child’s birth, the defendants had created a safety plan with the parents which required both to abstain from drug use.
The plan said the child would be apprehended if either parent failed a drug test. Just over a month after his birth, the mother failed a drug test. Positive drug tests for one or both of the parents continued into 2004, including early June, according to the court documents.
“On June 29, 2004, the mother assaulted the plaintiff causing him to sustain a traumatic head injury,” the claim said, noting the child remained in the parents’ custody where he allegedly continued to be abused, exposed to drug use and inadequately rehabilitated from the injury.
The child was not removed from the parents’ care until August 2009, the claim said.
The lawsuit alleges the defendants failed to properly monitor the parents or apprehend the child when they should have known it was not safe to leave him in their custody.
The suit seeks multiple damages.
The ministry said it could not comment as the case is before the courts.
None of the allegations have been proven in court.
