Judge denounces 'epic failure' by B.C. government social workers in child protection case

WARNING: This story contains details of sexual abuse of children.

A B.C. judge has issued a scathing assessment of government social workers' actions in a child protection case, detailing "a long-standing historical epic failure" to act in the best interest of two children whose father sexually abused them.

In a decision posted online this week, Judge Kimberley Arthur-Leung writes that staff from the Ministry of Children and Family Development (MCFD) didn't offer any services for the young girl and boy until a year after their father disclosed sexual behaviour involving both of them.

The judge said help for the two kids was only offered after "significant prompting" by the court, and the delays have meant the children are still on wait lists for counselling.

"Regrettably, there are countless court files wherein there are allegations of one or more parent or caregiver failing to abide by the terms of a safety plan; however, this file reveals a long-standing historical epic failure on the part of MCFD to not only provide services but also ensure the best interests of the children," Arthur-Leung said in her Nov. 3 decision.

"There is no excuse for this being consistently a failure on the part of MCFD for this family."

The Fraser Valley family is not named in the decision to protect the privacy of the children.

The children's mother has been in counselling since July, but it took court intervention for that to happen as well, according to the decision.

The judge details a long list of failures related to record-keeping and implementing safety plans. She said court documents "are replete with errors and omissions," and random visits to ensure the father wasn't in the home weren't conducted as required.

"At no time was an apology offered nor any explanation for how an entity that is legally responsible for the protection of children consistently failed repeatedly for this family. That is entirely not acceptable," Arthur-Leung said.

She added that there should be "legal, ethical and moral consequences" for the failures of the ministry in this case.

Minister Mitzi Dean told CBC in a written statement that she has received the decision.

"I cannot express how deeply upsetting the findings in this case are. I have been apprised by ministry staff that as soon as the ministry was made aware that there were practice concerns, immediate action was taken," she said.

Dean said an employee involved in the case is no longer employed by the ministry, but declined to provide further details.

'Paying lip service' to child protection

The decision lays out a timeline of the ministry's involvement with the family. It says MCFD staff first received reports about the father in June 2021, after he'd inappropriately touched a 14-year-old relative outside the home on two occasions. 

A year later he self-reported sexual behaviour involving both his son and his daughter, after disclosing his actions to his pastor. 

In both instances, the father denied any sexual attraction to children. The judge also notes that the mother was aware of what happened in those cases, but failed to report it.

The father was removed from the home by police on June 30, 2022, and was later charged with sexual interference. The criminal case was resolved through a peace bond, according to the decision.

Earlier this year, the father admitted an attraction to prepubescent girls.

Since the first report to the ministry, more than 40 safety plans have been developed to protect the children, the decision says. Arthur-Leung described the unusually high number of plans as merely "paying lip service" to child protection

"The mother signed many plans and she was held to those high standards; however, in turn, MCFD failed to provide services," the judge wrote. "This must be a two-way path when expectations are placed on parents."

MCFD staff told the court that seven supervisors had been approved to be present when the father sees his children, but the judge said none of those supervisors had actually been interviewed by social workers before they were approved.

"Most perplexing is that MCFD had agreed for these persons to be supervisors but all of the information that the supervisors had received was solely from the father," Arthur-Leung said.

Her decision also notes that she believes RCMP officers failed in their investigation of the case, but she does not provide details of those failures.

Arthur-Leung issued a six-month order that says the mother must allow random visits by MCFD staff, only permit her children to be supervised by pre-approved caregivers, attend counselling sessions and ensure the father only has contact when it's approved in advance.

The judge concluded her decision with a call to action for the ministry, imposing an order requiring regular reviews of the case.

"There must be a full, frank and proper investigation and reckoning on how so many failures to protect the children and reintegrate the family with the provision of services has consistently and systemically failed since 2022," she wrote.

Support is available for anyone who has been sexually assaulted through crisis lines and local support services via this Government of Canada website or the Ending Violence Association of Canada database. ​​If you're in immediate danger or fear for your safety or that of others around you, please call 911.