Ministry of Legal Affairs: Steps Taken Before Children Are Placed in DCFS Care

The Department of Child and Family Services (DCFS) wishes to provide the community with accurate information in relation to recent statements made in the media. 

“The removal of a child from their parent(s) occurs as a last resort and only after all other options have been exhausted and only under specific circumstances under the law as strictly outlined in the Children Act 1998.

“The Department of Child and Family Services does not work in isolation when assisting children and families with their challenges.  DCFS works collaboratively with Family Court and other relevant governmental, private or charitable organizations.“The Family Court will make an order for a child to be placed in care of the Director of DCFS, only after reviewing the evidence including any relevant clinical assessments conducted by governmental or community partners. DCFS staff or their legal representatives must appear before the Family Court Panel and present a clear, coherent case that is based in law and has the welfare of the child as the paramount concern.  

 “The Family Court orders removal in circumstances where evidence is clear and compelling that the child is suffering or likely to suffer “significant harm” as outlined in Section 25 (2) of The Children Act 1998:

The court may only make a care order or supervision order if it is satisfied—

(a)   that the child concerned is suffering, or is likely to suffer, significant harm; and

 

(b)    that the harm, or likelihood of harm, is attributable to—

 (i)                 the care given to the child or likely to be given to him if the order were not made, not being what it would be reasonable to expect a parent to give him; or

 (ii)               the child’s being beyond parental control.

“By law parents must do what is reasonable in all the circumstances of a case for the purpose of safeguarding or promoting the child’s welfare. It is only when parents fail to meet the basic legal standard of care do authorities step in. Even then, the goal is not separation, it is to provide therapeutic assistance specifically tailored to the needs of the child and their family. In order for this to happen, all parties must cooperate in the process – including parents.

“When families arrive at the doors of DCFS they are frequently already in crisis.  DCFS recognizes that parents who love their children are sometimes not able to deal with the some of the stressors and reality of their family life that may significantly affect their ability to parent.  The staff within the Department of Child and Family Services are tasked with addressing complex issues with children and families that are often multi-generational and as such require a multi-dimensional approach which includes the wider community.   

“Long after the headlines fade and the media has moved on – The individuals and entities who profess to care will go back to their own lives leaving vulnerable children and their families whose details have been laid bare – exposed, traumatized and in need of further services.  In the aftermath, the committed professionals at the Department of Child and Family Services will do what they have always done: Continue Protecting Children and Strengthening Families.”