A B.C. judge has roundly criticized the Ministry of Children and Family Development (MCFD) for its “significant failure” in assisting two Surrey children who were being sexually abused by their father.
“The complete failure on the part of MCFD and the (social worker team leader) is, quite honestly, incredulous,” said Surrey Provincial Court Judge Kimberly Arthur-Leung. “It has left both the mother and the children exposed and has left this court with significant failure on the part of MCFD staff to provide services to the mother and the children to which MCFD is legally mandated to offer.”
The judge said it was only under questioning from the court that the team leader disclosed nothing had been put in place to guide and support the mother and children.
Arthur-Leung said the ministry first became involved with the family in June 2021 when a report was made that the father had been acting inappropriately towards a 14-year-old family member, including concerns about physical touching and anger.
The person making the report said the mother was aware of the situation.
And, when a ministry social worker interviewed both parents June 24, 2021, the father admitted to the incidents but said it was accidental rather than sexual.
Arthur-Leung said in her Nov. 3 ruling that the father has a family member whom had historically sexually offended against children, so the social worker at the time asked him if he had any such feelings. He said no.
However, the father self-reported that on June 10, 2022 he was in the shower with his daughter when sexual contact occurred.
Further, he disclosed that at times he became aroused when his son sat on his lap and that he had inappropriate thoughts towards his children but denied being sexually attracted to them.
The judge said as a result of a June 30 report, both ministry workers and RCMP attended the family home and the father was read his charter rights.
Crown counsel told the ministry Nov. 18, 2022 that sexual interference charges had been approved against the father. On June 1, the father was put on a 12-month peace bond and the ministry is currently seeking a supervision order until the father has completed the treatment plan recommended to him by the psychologist.
Custody order
In May and June, MCFD sought an order that the children remain in the mother’s custody under ministry supervision. That’s where Arthur-Leung expressed her frustration.
“This file has sustained a significant number of errors on the part of MCFD with the inaction on the part of various social workers and a large failure to properly monitor this file all of which actions I find have been contrary to the best interest of the children,” she said. “The children are entitled to better and so, too, is the public in general.”
The judge said a June amended report to the court on seeking the mother’s supervised custody was only filed after criminal and ministry proceedings had concluded.
“The amendments made in the report are startling and in hindsight may or could have significantly altered the path taken regarding the father,” Arthur-Leung said. “The complete failure on the part of MCFD to disclose this readily available information failed to protect the children.”
Further, Arthur-Leung aid, even a year after the disclosure of the abuse, no services had been offered to the mother and children.
The court heard the ministry team lead say those services “should have been provided,” and "provided many months ago."
No services for children
The judge said it was only upon pressing by the court that services began including:
- counselling for the mother;
- re-integrating the father into the home with guidelines for assessment;
- ensuring professional counselling is in place for the mother to address her relationship status, the stressors in the home with the absence of the father, her fear that she will lose the children and to have her better understand the severity of what transpired in the home by the father.
The team leader admitted that no services had been offered for the children, court heard.
The judge said at no time was an apology offered nor any explanation for how the ministry that is legally responsible for the protection of children consistently failed the family repeatedly.
“That is entirely not acceptable,” Arthur-Leung said.
The judge documented multiple other failures in assisting the family.
“This court is completely at a loss what more is required for MCFD to protect these children and ensure their safety and well-being,” she said.
The judge did make an order for the children to be in their mother’s custody under ministry supervision for six months. The order carries strict conditions, which, if violated, could lead to the children being removed.
