ALBERTA CHILD WELFARE SERVICE PLAN CLASS ACTION LAWSUIT
A lawsuit against Alberta Child Welfare for Child Welfare’s failure to prepare plans of care and concurrent plans (service plans) and to file plans of care in Court was conditionally certified as a class action by the Court of Queen’s Bench. This Class Action alleges that from 1985 to 2009 Child Welfare failed to prepare service plans and failed to file plans of care in Court as they were required to do under the law. As a result of these failures,Child Welfare lost legal authority over children and Child Welfare kept children in their care without any lawful Court Order. We argue that this is comparable to kidnapping.
Why is the Child Welfare Service Plan Class Action Important?
Service planning is a very important part of Child Welfare work and the lack of proper service planning has resulted in children falling through the cracks of the Child Welfare system and parents not being given the help that they needed. Proper service planning is required so that families that simply need some help to stay together are given the help so that they do stay together. Proper service planning is required so that children that go into the care of the government are properly cared for with a plan for the child’s upbringing. This prevents the children from just drifting aimlessly in care. This Class Action will prove the importance of service planning and demonstrate that Child Welfare must meet it’s legal duties of proper service planning to children and their families.
Another important reason for this Class Action is to prove that children and parents have legal rights and that Child Welfare cannot illegally break these legal rights. This Class Action lawsuit is to prove that Child Welfare must follow the laws too and that if Child Welfare breaks the law that they will be held accountable. This lawsuit is to prove that if Child Welfare takes children away from parents without any legal authority that is the same as kidnapping.
Another important reason for this Class Action is that it is likely that while many children were “kidnapped” by Child Welfare (in the care of Chid Welfare without a valid Court Order), they suffered severe sexual abuse, physical abuse, emotional abuse and neglect. This Class Action is to hold Child Welfare accountable for the injuries that they wrongfully allowed children to suffer when those children were not legally in Child Welfare’s care.
Another important reason for this Class Action is that when the government found out that they had not been following the law regarding service planning for decades, they just tried to sweep it under the carpet. They did not tell all of the children and families that were affected and the Government even passed a law to try to get around their decades of mistakes. This Class Action will hold Child Welfare accountable for trying to hide their wrongdoing.
One of the biggest obstacles for the Child Welfare Service Plan Class Action is that it is almost impossible for Class Members to find out if you are a Class Member. The Child Welfare system, the government Freedom of Information and Privacy Department and the Provincial Court has made it extremely difficult for children or parents/guardians to get their records so that they could find out if they are in this Class Action. Many individuals have requested their records and even made applications to the Provincial Court to get their records so they could find out if they are in this Class Action, but they have not been able to get their own personal information and records. If you would like to find out if you may be in the Child Welfare Service Plan Class Action, then please fill out the Child Welfare Service Plan Class Action Questionnaire.