Province sued over allegations girl wrongfully apprehended

Public guardian says girl was abused over two-year period while in foster care

VANCOUVER — The B.C. government is being sued over allegations that a girl was wrongfully apprehended from her parents and then abused after being placed in foster care.

The Public Guardian and Trustee of B.C. (PGT), an independent corporation that protects the legal and financial interests of children, alleges that on April 3, 2014, the girl was taken into custody despite there being no lawful reason for doing so, without the proper procedures being taken.

In a notice of civil claim filed in B.C. Supreme Court, the PGT claims that over a two-year period the girl was subjected to a series of acts of abuse while in foster care.

The allegations include that the girl was physically assaulted and abused by a foster parent and verbally and emotionally abused by a foster parent, including being the target of swearing and name calling.

The foster parents are not identified in the lawsuit.

Instances of the abuse in foster care were brought to the attention of the province’s director of child, family and community services or its agents, but no steps were taken to rectify or otherwise address them, says the suit.

During her stay in foster care the girl suffered abrasions, bruises and markings on her face, head and legs, permanent physical disfigurement, psychological and psychiatric injuries and conditions, stress and anxiety, sleep disruptions and nightmares and limitations in her emotional and intellectual development, it says.

The girl’s parents underwent a “long and complex scope of litigation” to have her returned to them and on April 25, 2016, the director released her back into the care of her parents, withdrawing all concerns and seeking no restrictions or ongoing obligations, says the suit.

The PGT claims that the government was negligent and breached its duty of care to the plaintiff by failing to provide adequate care for her.

It is seeking general damages for pain and suffering and loss of enjoyment of life and special damages for medical expenses. And it also wants damages for past and future wage loss and loss of earning capacity, and punitive and aggravated damages.

In addition to the director, the provincial Ministry of Children and Family Development is named as a defendant in the lawsuit.

No response has yet been filed to the suit, which contains allegations that have not been tested in court. A ministry spokesperson said they are unable to comment on matters that are before the courts.

Responding to inquiries about the case, the PGT said that a parent usually takes legal steps to deal with an issue regarding a child but in some circumstances may not be able to do so for a variety of reasons, including being in a position of potential conflict of interest with the child.

“Under British Columbia law, the PGT may act as litigation guardian and the PGT determines that it is in the child’s best interest that the claim be brought,” said the PGT in an email.

“The facts and matters alleged in the notice of civil claim speak for themselves. We are unable to provide any further information about the circumstances of the child plaintiff in order to protect the child’s privacy.”