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Social work services for the putative father : a review of administration under the Children of Unmarried… Harder, Ilse Martha Berta 1956

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SOCIAL WORK SERVICES FOR THE PUTATIVE FATHER A review of a d m i n i s t r a t i o n under the C h i l d r e n o f Unmarried Parents Act and Vancouver S o c i a l Welfare Branch experience, June 1950 - May 1955 by ILSE MARTHA BERTA HARDER Thesis Submitted i n P a r t i a l F u l f i l m e n t of the Requirements f o r the Degree of MASTER OF SOCIAL WORK In the School of S o c i a l Work Accepted as conforming to the standard r e q u i r e d f o r the degree of Master of S o c i a l Work School of S o c i a l Work 1956 The U n i v e r s i t y of B r i t i s h Columbia i i ABSTRACT The purpose of t h i s study was to make an assess-ment of s o c i a l work s e r v i c e s extended to p u t a t i v e f a t h e r s as p a r t of the a d m i n i s t r a t i o n of the C h i l d r e n of Unmarried Parents A c t . This study was undertaken because comparative-l y l i t t l e a t t e n t i o n i s given to the p u t a t i v e f a t h e r and s e r v i c e s he might need. Because the S o c i a l Welfare Branch i n Vancouver r e t a i n s a s o c i a l worker s p e c i a l l y f o r work under the C h i l d r e n of Unmarried Parents A c t , t h i s was a r e l e v a n t s e t t i n g f o r the study. L e g i s l a t i o n r e l a t i v e t o i l l e g i t i m a c y and p a t e r n i t y i n some European c o u n t r i e s , i n the United States and i n B r i t i s h Columbia i s reviewed. For the Province Of B r i t i s h Columbia, the a d m i n i s t r a t i v e s e t t i n g and the l e g a l frame-work w i t h i n which the s o c i a l worker has t o operate i s des-c r i b e d . A s e r i e s of cases are then reviewed; f i r s t , by comparison of b r i e f s e r v i c e cases and continued s e r v i c e cases; second, by comparison of "co-operative" and "non-c o - o p e r a t i v e " cases, the l a t t e r being reviewed (a) s t a t i s t i c a l l y and (b) by case examples. The p r o v i s i o n a l f i n d i n g s of t h i s study are t h a t these d i f f e r e n t i a l s are l e s s important than d i f f e r e n c e s i n tfie circumstances of the c l i e n t s and the q u a l i t y of the casework which i s p o s s i b l e . The exception t h a t shows up s t a t i s t i c a l l y i s t h a t working out of a lump-sum s e t t l e -ment needs more than one f a c e - t o - f a c e i n t e r v i e w . Suggest-i o n s f o r f u r t h e r e x p l o r a t i o n and methods of improving s e r v i c e are made i n a concluding s e c t i o n . i TABLE OF CONTENTS Chapter 1. Law and A d m i n i s t r a t i o n . page Legitimacy and p a t e r n i t y law i n Europe. L e g i s l a t i o n and i t s a d m i n i s t r a t i o n i n B r i t i s h Columbia. Casework a p p l i c a t i o n s . Method of the study 1 Chapter 2. The S e t t i n g and the Problem. Legal and A d m i n i s t r a t i v e Functions of the U n i t . Incidence of Gases: • sources of r e f e r r a l s , c l a s s i f i c a t i o n i n t o " co-operative" and "non-co-opera-t i v e groups.......................................... 23 Chapter 3. Services to P u t a t i v e Fathers; A n a l y s i s  and Examples. P a r t i e s t o the Casework S i t u a t i o n . The C h i l d . The Mother. The Father . Case Examples of seven d i f f e r e n t s i t u a t i o n s .......................... 4'1 Chapter 4. The S o c i a l Welfare Approach; P o s s i b i l i t i e s and L i m i t a t i o n s . L e g al and A d m i n i s t r a t i v e Aspects. S o c i a l Work and Community Aspects 65 Appendices: A. C h i l d r e n of Unmarried Parents Act B. S t a t i s t i c a l Tables C. B i b l i o g r a p h y i i i ACKNOWLEDGMENTS I wish to express my s i n c e r e a p p r e c i a t i o n to Miss Ruby McKay, SuperintendV ent of C h i l d Welfare i n V i c t o r i a , B.C. and to Mr. Robert Talbot, Regional A d m i n i s t r a t o r i n Vancouver, B. C, f o r t h e i r a s s i s t a n c e i n making a v a i l a b l e the r e l e v a n t m a t e r i a l i n the S o c i a l Welfare Branch, Vancouver. I would l i k e to express my s p e c i a l a p p r e c i a t i o n to Miss S. E, Kidd, D i s t r i c t Supervisor i n the S o c i a l Welfare Branch, Vancouver, f o r her continued support i n the study. She gave generously of her time i n v e r b a l supplementation of the recorded mater-i a l from her long and wide experience. Of gre a t value a l s o was the i n f o r m a t i o n I r e c e i v e d from Mrs. Joan Masing, present s o c i a l worker i n the G.U.P. Un i t of the S o c i a l Welfare Branch, concerning the l e g a l aspects of th e study. G r a t e f u l acknowledgment I s a l s o made to Mrs. H. McCrae and Dr. L. 0. Marsh of the School of S o c i a l Work a t the U n i v e r s i t y of B r i t i s h Columbia f o r the continuous support. . they gave me throughout the study. SOCIAL WORK SERVICES FOR THE PUTATIVE FATHER A review of administration under the Children of Unmarried Parents Act and Vancouver S o c i a l Welfare Branch experience, June 1950 - May 1955 CHAPTER 1 LAW AND ADMINISTRATION. An i n t e g r a l p a r t of the s e r v i c e s g i v e n to i l l e g i t i m a t e c h i l d r e n and t h e i r mothers under the C h i l d r e n of Unmarried Pa-r e n t s A c t (194#) i n the S o c i a l Welfare Branch of the B r i t i s h Columbia Department of Health and Welfare, i s the contact work wi t h p u t a t i v e f a t h e r s . The aim of the C h i l d r e n of Unmarried Parents Act i s to provide f o r the maintenance of the c h i l d r e n born out of wedlock.^ The p u t a t i v e f a t h e r i s not mentioned as somebody whose i n t e r e s t s have to be considered too. Undoubted-l y the c h i l d i s the primary concern of a l l s o c i a l work done under the A c t , but t h i s present study s i n g l e s out f o r study the somewhat neglected aspects of the p a r t the p u t a t i v e f a t h e r can p l a y i n f a c i l i t a t i n g the v a r i o u s welfare o b j e c t i v e s , and the k i n d of s e r v i c e s which are a p p r o p r i a t e . The problem of i l l e g i t i m a c y , and w i t h i t the problem of unmarried f a t h e r s , i s as o l d as the i n s t i t u t i o n o f marriage i t s e l f . I t i s a u n i v e r s a l phenomenon. In d i f f e r e n t c u l t u r e s i t has been d e a l t with d i f f e r e n t l y according to the r e s p e c t i v e m a r i t a l i n s t i t u t i o n s and sex mores. I t i s understandable only i n the l i g h t of i t s e n t i r e s o c i o l o g i c a l s e t t i n g . There are some c u l t u r e s , where sex freedom i s granted to wives or where w i f e -1 ' 0 n l y the s e c t i o n s d e a l i n g w i t h the d u t i e s of the Superintend-ent of C h i l d Welfare g i v e the l e g a l s t r u c t u r e f o r casework s e r v i c e s to the p a r t i e s . l e n d i n g i s common (e.g. p a r t s of I n d i a ) . In these c u l t u r e s a l l c h i l d r e n are l e g i t i m a t e no problem of i l l e g i t i m a c y e x i s t s . In other c u l t u r e s , there i s no chance f o r a woman wi t h an i l l e g i -timate c h i l d to get married at a l l , i n some p r i m i t i v e c u l t u r e s she might even be k i l l e d or her c h i l d may be k i l l e d . The question "who i s the f a t h e r ? " does not come up. Yet i n other c u l t u r e s she might be p r e f e r r e d as a w i f e , s i n c e she has shown t h a t she i s f e r t i l e . I t may be the r u l e , t h a t the f a t h e r of the i l l e g i -timate c h i l d marries her as soon as pregnancy i s known by her. We f i n d a l l p o s s i b l e v a r i a t i o n s of ways and means, as to how the problem of i l l e g i t i m a c y has been d e a l t w i t h through the c e n t u r i e s and around the globe, The d i f f e r e n t c u l t u r e s have developed d i f f e r e n t laws, un w r i t t e n or w r i t t e n about the i l l e g i t i m a t e c h i l d , h i s l e g a l p o s i t i o n i n r e l a t i o n t o h i s mother and h i s f a t h e r , r i g h t s of support, r i g h t s of i n h e r i t a n c e , k i n s h i p and the p o s s i b i l i t i e s f o r l e g i t i m a t i o n and adoption. The i n f o r m a t i o n summarized i n the next few pages i s taken from the a r t i c l e : " I l l e g i t i m a c y : L e g a l Aspects" by A.C. Jacobs i n the Encyclopaedia of S o c i a l  q , 1) s c i e n c e s . j n t n e a n c i e n t Roman Law the i l l e g i t i m a t e c h i l d a t f i r s t had no l e g a l bonds, e i t h e r t o h i s mother or to h i s f a t h e r but l a t e r on, r i g h t s of support and s u c c e s s i o n towards h i s mother were int r o d u c e d . The f a t h e r d i d not p l a y any r o l e i n r e l a t i o n t o ^ Encyclopaedia of S o c i a l Sciences; Volume V I I , Page 579 pp.; The McMillan Company, New York, 1 9 3 2 . h i s i l l e g i t i m a t e c h i l d . Under Constantine the l e g i t i m a t i o n by sub-sequent marriage was introduced. Under e a r l y Germanic Law .an i l l e g i t i m a t e c h i l d , c a l l e d "bastard", had t o be cared f o r and supported by the mother. But the f a t h e r could take h i s i l l e g i -timate son i n t o h i s household. I f he d i d so, the son had r i g h t s of i n h e r i t a n c e l i k e l e g i t i m a t e sons. " C h r i s t i a n i t y sought to stamp out p r e m a r i t a l u n c h a s t l t y by making i t s i n f u l and by p l a c i n g the unmarried mother under severe condemnation," says Frank H. Hankins i n h i s a r t i c l e , " I l l e g i t i m a c y , S o c i a l A s p e c t s . " 1 ^ i t was not easy f o r the C h r i s t -i a n Church to harmonize sex mores of long standing w i t h the i d e a l s of a s c e t i c r e l i g i o u s m o r a l i t y * The Church had t o introduce mascu-l i n e supremacy and the double standard of m o r a l i t y . Sometimes the mothers had to confess t h e i r s i n i n p u b l i c j while the f a t h e r experienced no penalty, Fear drove many mothers t o k i l l t h e i r i n f a n t s , which then l e d to t h e i r own p e r s e c u t i o n , maybe execution. Bastards i n the Middle Ages were deprived of the o r d i n a r y r i g h t s of man. Their f a t h e r s had n e i t h e r r i g h t s nor d u t i e s i n r e l a t i o n to them. Legitimacy and P a t e r n i t y Law i n Europe Under the Common Law o f England c h i l d r e n born out of wedlock were denied every r i g h t i n r e l a t i o n to t h e i r parents, A bastard was a " f i l i u s n u l l i u s " . The i l l e g i t i m a t e c h i l d was l e g a l l y i s o l a t e d from h i s parents. N e i t h e r the mother nor Encyclopaedia of S o c i a l Sciences; V o l . V I I , pp 579; The McMillan Company, New York, 1932. - 4 -l e g a l the father had a/right to custody or guardianship of the c h i l d . The c h i l d of unfree parents; e.g., was f r e e . There was neither a l e g a l r e l a t i o n s h i p between the c h i l d and his mother nor be*-tween the c h i l d and his father. No r i g h t of support was i n s t i t u t -ed. The i l l e g i t i m a t e c h i l d was supported by the parish l i k e vagrants and poor. In 1576 by the "Poor Law Act" the duty of maintenance was put on both parents. In 1809 the fathers received the burden of maintenance of t h e i r i l l e g i t i m a t e children. From 1236 u n t i l 1928, when the "Legitimacy Act" was f i n a l l y i n t r o -duced, a c h i l d could not become legitimate by subsequent marriage of h i s parents, In France under the "ancien regime" a c h i l d could seek out h i s father f o r support. But under the Code Napoleon the search f o r paternity was forbidden. U n t i l 1912 neither the i l l e g i t i m a t e c h i l d nor h i s mother had any ri g h t s against the father of the c h i l d . At present (1932) i n q u i r i e s i n t o the ques-t i o n of parentage are possible only when paternity i s admitted by the father and i n some special cases. I f the c h i l d i s recognized by the father or an a f f i l i a t i o n order i s made, the c h i l d takes the name of the father. I f i t i s recognized by the mother only, i t ca r r i e s her name. I f i t i s not recognized by i t s parents, the c h i l d has a ri g h t of support against anyone who pretends to be hi s parent, Legitimation by subsequent marriage of the parents i s possible. In Sweden the f i r s t "Act Regulating the Rights of I l l e g i t i m a t e Children" was passed i n 1738. Others followed. In 1917 a c h i l d welfare guardian f o r every i l l e g i t i m a t e c h i l d - 5 -was i n s t i t u t e d * I t i s the guardian's duty to f i n d the father of the i l l e g i t i m a t e c h i l d and s e t t l e the question of support with the court. The man named by the mother as the father of the c h i l d i s declared father by the court unless he can prove that he cannot possibly be the father. He has to pay mainten-ance f o r the c h i l d . The mother has the custody of the C h i l d . The c h i l d gets her surname* In 1917 the r i g h t of inheritance f o r "betrothal children" was introduced. The amount of support payable by the father depends on the father's and the mother's economic status. The law i n Norway i s very s i m i l a r . A l l pregnancies have to be reported to the o f f i c i a l s of the State* A f t e r the b i r t h of the c h i l d , i t i s the duty of the State to e s t a b l i s h paternity. I f a f a t h e r j who i s named to be the father, denies paternity, he must i n s t i t u t e proceedings to establish true paternity. Otherwise he w i l l be held l i a b l e . The c h i l d i s i n the same pos i t i o n i n regard to h i s father and h i s mother. Maintenance and education he may receive from both. The standards are determined by the economic p o s i t i o n of the more favorably placed parent. U n t i l the c h i l d i s 16 years old, the l o c a l government supervises the c o l l e c t i o n s of maintenance. The c h i l d i s e n t i t l e d to the name of the father. In Germany the C i v i l Code of 1.1.19001' together with the Youth Welfare Law of July 9, 1922, provide the basic Burgerliches Gesetzbuch f u r das Deutsche Reich; P h i l i p p Reclam jun.,; L e i p z i g , Date not given, Paragraph 1705 * 6 -l e g i s l a t i o n , by which matters of an i l l e g i t i m a t e c h i l d are handled i n r e l a t i o n to h i s mother and f a t h e r . I t should be remarked th a t today t h i s I s t r u e only f o r the area of the German F e d e r a l R e p u b l i c . In the area of the German Democratic Republic (Eastern Germany) the f a m i l y law was changed (October 1 9 5 2 ) . Since there i s not enough i n f o r m a t i o n a v a i l a b l e ^ i t i s , however, excluded from t h i s h i s t o r i c a l review. I n Western Germany, the b i r t h of every i l l e g i t i m a t e c h i l d has to be reported by the B i r t h R e g i s t r y to the Youth O f f i c e , By law the Youth O f f i c e i s the O f f i c i a l guardian of the c h i l d . The mother has the r i g h t to determine everything i n r e l a t i o n to the person of the c h i l d , such as residence and r e l i g i o n . The c h i l d takes her surname. The O f f i c i a l guard-i a n must administer the property of the c h i l d . His main f u n c t i o n i s to f i n d the f a t h e r of the C h i l d and s e t t l e the question of p a t e r n i t y and support. The f a t h e r has no r i g h t custody of the t o t h e / c h i l d , only the o b l i g a t i o n t o pay f o r 16 years towards h i s maintenance. The amount of payments i s dependant on the standard of l i v i n g of the mother o n l y , The f a t h e r ' s o b l i g a t i o n to support precedes t h a t of the mother. The c h i l d has the same p o s i t i o n as a l e g i t i m a t e c h i l d towards h i s mother. L e g i t i m a t i o n by subsequent marriage i s possible.- I t i s a l s o p o s s i b l e f o r the f a t h e r t o apply f o r a d e c l a r a t i o n of l e g i -timacy of h i s c h i l d , when the mother and the guardian g i v e t h e i r w r i t t e n consent. Then the c h i l d gains the f u l l r i g h t of i n h e r i t a n c e from the f a t h e r . I f i l l e g i t i m a t e , the c h i l d has only a r i g h t against the estate of the f a t h e r to the amountj s t i l l payable u n t i l h i s s i x t e e n t h b i r t h d a y . I n case the mother marries a man other than the f a t h e r of the c h i l d , t h i s man may give the c h i l d h i s name. This a c t does not change the l e g a l s t a t u s of the c h i l d . """•*'The O f f i c i a l Guardian i s the l e g a l r e p r e s e n t a t i v e of the c h i l d . He, i f necessary, summons the man designated by the mother as the f a t h e r of the c h i l d , before the o r d i n a r y court, i n case he does not acknowledge p a t e r n i t y . I f the man denies p a t e r n i t y , he must be ab l e t o prove t h a t he could not p o s s i b l y be the f a t h e r of the c h i l d . The c h i l d ' s mother may be a w i t -ness i n t h i s procedure* Soon a f t e r the i n t r o d u c t i o n o f the O f f i c i a l Guardianship by the Youth Welfare Law i n 1922, l a w s u i t s were f r e q u e n t l y dismissed by the judges, i f s e v e r a l men had had i n t e r c o u r s e w i t h the mother i n the time between the 180 to 3 0 2 n d day before the b i r t h of the c h i l d , d e scribed as " l e g a l p e r i o d of conception". More r e c e n t l y the judges have helped the p u t a t i v e f a t h e r to f i n d out who the f a t h e r of the c h i l d r e a l l y i s . Modern s c i e n t i f i c methods are used and accepted by the c o u r t s ; e.g., the b l o o d t e s t i s used to ex-clude any man who cannot p o s s i b l y be the f a t h e r because of the i n c o n s i s t e n c y of h i s blood-type. The oath of the mother as evidence i s used very r a r e l y , because experience has shown th a t i t has been misused h e a v i l y . The l a t e s t method of proving a c h i l d ' s ancestry i s the " E r b b i o l o g i s c h e s Gutachten" W r i t t e n from the w r i t e r ' s experience as Socialworker and Deputy O f f i c i a l Guardian i n Uelzen, Germany. - a -( b i o l o g i c a l i n h e r i t a n c e t e s t ) . This i s a t e s t g i v e n by a l i c e n c e d a n t h r o p o l o g i s t , who compares a l l p o s s i b l e p h y s i c a l f e a t u r e s of t h e c h i l d , the mother and the men who might be the f a t h e r . This i s done not before the c h i l d i s three years o l d . The r e s u l t of the t e s t i s accepted i n a l l courts as evidence. A l l these e f f o r t s are made with t h e object o f h e l p i n g to f i n d out who the f a t h e r of a c h i l d i s , and on the grounds th a t i t i s important t h a t a c h i l d should know who are I t s ancestors. When p a t e r n i t y i s e s t a b l i s h e d or the man i s ordered to pay maintenance u n t i l the c h i l d reaches the age of s i x t e e n , the O f f i c i a l Guardian c o l l e c t s Lthe money. Lump-sum settlements are p o s s i b l e but not common more p a r t i c u l a r l y because of the two v i o l e n t currency i n f l a t i o n s i n Germany sin c e the passage of the Youth Welfare Law. Only when no l e g a l matters remain to be c l e a r e d i s the guardianship t r a n s f e r r e d to a p r i v a t e guardian. The mother very seldom i s appointed guardian f o r reasons of p r o t e c t i o n of the c h i l d . I n the United S t a t e s , we f i n d a l l p o s s i b l e l e g i s l a t i o n I n r e l a t i o n to I l l e g i t i m a c y . Almost a l l 48 S t a t e s have d i f f e r -ences i n t h e i r l e g i s l a t i o n , and i t i s not p o s s i b l e to mention them a l l here. B a s i c a l l y however, the law i n the United S t a t e s i s i n f l u e n c e d by the Englishconnabn law. I n t e r e s t i n g l y , the Minnesota l e g i s l a t i o n i n r e l a t i o n t o i l l e g i t i m a c y i s i n f l u e n c e d very much by the Castberg Law of Norway because of the Scandina-v i a n background of so l a r g e a p a r t of the p o p u l a t i o n . In 1922 a Uniform State Law on I l l e g i t i m a c y was proposed by P r o f e s s o r E r n s t Freund and l a t e r adopted by s e v e r a l S t a t e s , According t o t h i s Uniform Law both the f a t h e r and the mother are h e l d to be l i a b l e f o r the support of the c h i l d * The c o u n t r i e s , where the r e l a t i o n of mother and i l l e g i t i m a t e c h i l d i s much l i k e mother and l e g i t i m a t e c h i l d , are the Germanic c o u n t r i e s l i k e A u s t r i a , Germany, S w i t z e r l a n d and the Scandinavian c o u n t r i e s . I n most c o u n t r i e s the f a t h e r s are compelled to support t h e i r i l l e g i t i m a t e c h i l d r e n . Voluntary acknowledgements and j u d i c i a l proceedings are i n s t i t u t e d o n l y t o e s t a b l i s h the r i g h t of maintenance f o r the c h i l d . The f a t h e r of the i l l e g i t i m a t e c h i l d has d u t i e s o n l y , no r i g h t s t o the c h i l d . The l e g i s l a t i o n moved s l o w l y from the p r o t e c t i o n of the taxpayer; i . e . , enforcement of p a t e r n a l r e s p o n s i b i l i t i e s to the p r o t e c t i o n of the c h i l d * The f a t h e r s t i l l i s seen only as a person who has f i n a n c i a l r e s p o n s i b i l i t i e s towards the c h i l d . He i s not seen as a partner w i t h equal r i g h t s i n t h i s " b i o l o g i c a l t r i a n g l e " - f a t h e r - mother - c h i l d . L e g i s l a t i o n and i t s a d m i n i s t r a t i o n i n B r i t i s h Columbia In B r i t i s h Columbia the problem of i l l e g i t i m a c y and with i t t h a t of the unmarried f a t h e r was f i r s t handled by law i n the Support of I l l e g i t i m a t e C h i l d r e n ' s Act i n 1903. I t was an exact copy of the Ontario Support of I l l e g i t i m a t e C h i l d r e n ' s Act. I n 1911 the Act was i n c o r p o r a t e d i n t o the " I n f a n t s Act", This Act provided f o r maintenance f o r i l l e g i t i m a t e c h i l d r e n , but there was no a u t h o r i t y f o r enforcement. In 1919 f i n a l l y a - 10 Superintendent of Neglected C h i l d r e n was appointed i n V i c t o r i a , B..G, H i s main f u n c t i o n was to be concerned w i t h the problem of neglected c h i l d r e n and orphans. In 1 9 2 2 , when the f i r s t " C h i l d r e n of Unmarried Parents A c t " was passed, i t was de-cided t h a t the Superintendent of C h i l d Welfare would a d m i n i s t e r i t . ^ V , I n the Annual Report of the S o c i a l Welfare Branch of the Department of Health and Welfare f o r the year 194#, a review i s g i ven of the a d m i n i s t r a t i o n and the d i f f i c u l t i e s e x i s t i n g at t h a t time* On page 11* i t reads as f o l l o w s : Be-cause of l a c k of s t a f f , the necessary i n v e s t i g a t i o n s f o r which these A c t s " {Adoption Act too) "provided were very cursory ... although a few cases charged i n Courts under the " C h i l d r e n of Unmarried Parents A c t " j none was f o l l o w e d up, a cash s e t t l e -ment u s u a l l y being obtained from the p u t a t i v e f a t h e r i n p r e f e r -ence to an order f o r c o n t i n u a l support of the c h i l d . " The Report of the B r i t i s h Columbia C h i l d Welfare 2) Survey 1927 r e f e r s t o the C h i l d r e n of Unmarried Parents Act; I n c o n c l u s i o n of the d i s c u s s i o n of t h i s Act i t i s s t a t e d on page 7 0 : ".*.•.»• On the whole, the Survey f e e l s t h a t the general p r i n c i p l e s and framework of the B r i t i s h Columbia un-married parenthood l e g i s l a t i o n are sound and advanced. I t recommends b e t t e r p r o v i s i o n f o r adequate a d m i n i s t r a t i o n , and these minor amendments to render more e f f e c t i v e the a d m i n i s t r a -I n Chapter 2 , the C h i l d r e n of Unmarried Parents Act i s discussed i n more d e t a i l . 2 ) REPORT of the B r i t i s h Columbia C h i l d Welfare Survey, i n i t i a t e d by the S e r v i c e Clubs of Vancouver C i t y , 1 9 2 7 ; published by The B r i t i s h Columbia C h i l d Welfare Surfeey Committee, Vancouver, B.C. - 11 -t i v e machinery when provided," The suggested changes f o r the e x i s t i n g Act were r e a l l y of minor importance. But on page 68 i t i s s a i d : ",...The present Act, however, i s proving h i g h l y Inadequate i n meeting the problem I t i s designed to cover, because of an almost absolute l a c k of a d m i n i s t r a t i v e machinery* The Superintendent of Neglected and Dependent C h i l d r e n i s entrusted with i t s i n t r i c a t e and h i g h l y s p e c i a l i z e d a d m i n i s t r a -t i o n as one pa r t of h i s many d u t i e s , but i s not provided w i t h even one worker i n the f i e l d . We are informed t h a t i n many inst a n c e s he must u t i l i z e , as a u x i l i a r i e s , the p o l i c e s e r v i c e s . Not o h l y does t h i s a s s o c i a t e the whole l e g i s l a t i o n w i t h the f i e l d of p u n i t i v e j u s t i c e , which i s repugnant to the purpose of the A c t , but i t throws the adjustment of one of the most d e l i c a t e of s o c i a l problems i n t o the hands of the p o l i c e f o r c e s , who are n a t u r a l l y n e i t h e r equipped nor expected to do s o c i a l -work of t h i s type .Also having I n mind t h a t the Act i s c h i e f l y u s e f u l i n the degree i n which i t provides o p p o r t u n i t y f o r sound and c a r e f u l s o c i a l work with mother and c h i l d , i t i s s t r o n g l y recommended t h a t every t h i n g p o s s i b l e be done t o i n s u r e the s o c i a l handling of the case,.*.,," Nothing i s s a i d i n the Report on the use of s o c i a l work p r i n c i p l e s i n the contact w i t h t h e f a t h e r . S o c i a l work i s mentioned only i n r e l a t i o n t o the mother (page 67) S a t i s f a c t o r y l e g i s l a t i o n must, t h e r e f o r e , provide f o r the e a r l i e s t p o s s i b l e contact w i t h the case, f o r the most care-f u l l y administered s o c i a l ease work wi t h the mother, and f o r - 1 2 adequate means t o enforce maintenance c o s t s , when assessed." — — P r o v i s i o n s i n the Act f o r lump-sum settlements are suggested. And i t i s f u r t h e r suggested (page 69) t h a t a clause p r o v i d i n g f o r d e t e n t i o n of a p u t a t i v e f a t h e r on bond as w e l l as through warrant might prove e f f e c t i v e and l e s s o b j e c t i o n a b l e from the p o i n t of view of the s o c i a l ad-justment of the case than a r r e s t . " I t i s obvious t h a t the C h i l d Welfare Survey Report t r i e s to suggest f i l l i n g the framework of the Law w i t h good a d m i n i s t r a t i o n and the best s o c i a l work methods, as they were known a t that time. Important changes occurred i n the a d m i n i s t r a t i o n of C h i l d Welfare i n B» C. as the r e s u l t of the suggestions of the C h i l d Welfare Survey. A Superintend-ent of Welfare was appointed i n 1931, who was a l s o made Superintendent of Neglected C h i l d r e h i A s t a f f of s o c i a l workers was g r a d u a l l y b u i l t up. I n 1935 the C h i l d Welfare D i v i s i o n was made a separate e n t i t y with a Superintendent, ( i n Vancouver.) I n 1934 a s t a r t was made to strengthen the a d m i n i s t r a t i o n of the C h i l d r e n of Unmarried Parents Act* An e f f o r t was made by the Superintendent * s o f f i ce to c o l l e c t on a l l Court Orders, which were f o l l o w e d up r e g u l a r l y * An "Agreement-form" to be completed by the Superintendent and the p u t a t i v e f a t h e r and the mother was approved by the Attorney General. This gave the S o c i a l Welfare Branch the opp o r t u n i t y to work towards voluntary agreements with the p u t a t i v e f a t h e r s r a t h e r than prosecute them under the Act. Very g r a d u a l l y 13 -c o u n s e l l i n g s e r v i c e s t o both parents were made a v a i l a b l e . The aim was t o h e l p mothers- and f a t h e r s - t o f i n d a more normal p a t t e r n of l i v i n g f o r themselves* as w e l l as planning w i t h the mother f o r the best care of her c h i l d . I n the Annual Report of the Welfare F i e l d S e r v i c e f o r 1937 * 38 of the Department of the P r o v i n c i a l Secretary (which a t that time i n c l u d e d the Health and Welfare S e r v i c e s ) , i t i s s t a t e d (page 2): "... I t i s probably under the d i r e c t i o n of the C h i l d Welfare Branch t h a t the w e l f a r e v i s i t o r s are able to show the most t a n g i b l e r e s u l t s of t h e i r work. A great many f a t h e r s of c h i l d r e n born out of wedlock have been l o c a t e d r and by persuasive methods or court a c t i o n have accepted some f i n -a n c i a l r e s p o n s i b i l i t y f o r the maintenance of t h e i r c h i l d r e n who might otherwise have been a charge on the p u b l i c . . . . . . . . " I t i s apparent, t h a t p r o t e c t i o n of the taxpayer a t that time s t i l l was thought to be the main purpose of the Act. Mine years l a t e r , i n 1946, the Annual Report of the S o c i a l A s s i s t a n c e Branch of the Department of the P r o v i n c i a l Secretary contains a lengthy statement (p* 16) about the change i n t h i n k i n g i n r e l a t i o n to the a d m i n i s t r a t i o n of the " C h i l d r e n of Unmarried Parents A c t , ..."...A change i n t h i n k i n g i s apparent as we concentrate on our work w i t h unmarried parents. We wonder as to the harmful e f f e c t of Court a c t i o n under the " C h i l d r e n of Unmarried Parents Acf'on a young unmarried mother or p u t a t i v e f a t h e r . ...Again, when the p u t a t i v e f a t h e r i s a married man, how c o n s t r u c t i v e i s a c t i o n a g a i n s t him i f i t r e -— 14 * s u i t s i n hardship t o h i s f a m i l y and a widening of the breach between h i m s e l f and h i s w i f e and c h i l d r e n . I f the p u t a t i v e f a t h e r i s young and s i n g l e , i t may seem r i g h t f o r him to c o n t r i bute towards the support of h i s i l l e g i t i m a t e c h i l d , but when he becomes o l d e r and wants t o marry, too o f t e n h i s income i s not s u f f i c i e n t to m a i n t a i n a f a m i l y and s t i l l continue h i s payment to the unmarried mother. Looking back over some of the esses we have known, we wonder how o f t e n such a s i t u a t i o n has been a f a c t o r i n causing young men t o stay away from marriage and r e s p o n s i b i l i t y and to become " d r i f t e r s " from one f i e l d of employment to another. We have a l s o seen young un-married mothers who have kept t h e i r babies, and have been promised monthly support from p u t a t i v e f a t h e r s which they d i d not get, grow b i t t e r and v i n d i c t i v e as the years go by. - A l l p u t a t i v e f a t h e r s do not pay r e g u l a r l y , and i n many i n s t a n c e s i t becomes a s i s t e e n - y e a r task of reminding or compelling him to meet h i s monthly payments. In many cases i t would seem best f o r a l l concerned i f a cash settlement could be made i n the beginning. This might enable both to e s t a b l i s h permanent t i e s and l e s s e n the p o s s i b i l i t y o f l i m i t i n g the f u l l n e s s of t h e i r f u t u r e l i v e s because of an unwise r e l a t i o n s h i p i n t h e i r youth. There i s need f o r research i n t h i s f i e l d i n order t h a t we may l e a r n o f our shortcomings and as a r e s u l t base our f u t u r e p r a c t i c e s and procedures on a b e t t e r knowledge of the problem as i t e x i s t s i n B r i t i s h Columbia." The emphasis has thus s h i f t e d from s t r i c t c o l l e c t i n g - 15 -of payments from putative fathers to taking into consideration h i s own problems and h i s future. At that time i t was f e l t that cash settlements (lump-sum settlements) were much healthier f o r a l l three parties concerned, father, mother and c h i l d , than monthly payments. The need f o r research i n the f i e l d of the administration of the Act i s pointed out the f i r s t time i n t h i s Annual Report 1946. Repeatedly i t appears again i n l a t e r Annual Reports, (1950 and 1951). The Annual Report 1948 of the S o c i a l Welfare Branch elaborates on the matter of settlements on page 87: "...Agree-ments are i n much better standing than Court orders, which f a c t seems to substantiate our f e e l i n g that Court action should be taken only as a l a s t r e s o r t . More and more we are t r y i n g to place our emphasis on the father's r i g h t and obligation*to p a r t i c i p a t e i n the planning f o r the c h i l d by encouraging him to assume a f a i r portion of the f i n a n c i a l r e s p o n s i b i l i t y . I f settlement seems desirable f o r a l l concernedj we work toward t h i s end." The Policy Mannual of the Department of Health and Welfare, S o c i a l Welfare Branch, which i s compiled f o r the use of the F i e l d Service S t a f f , gives very clear d i r e c t i o n s as to how the Children of Unmarried Parents Act should be interpreted at present. Under "Payment"(p. 74)* i t says*. "The amount of maintenance depends upon the putative father's a b i l i t y to pay and i f married i t should be borne i n mind that r e s p o n s i b i l i t y to h i s l e g a l family should be given primary consideration ..." - 16 Later (page 76), under "Denial of H©sponaibillfcyB It Is stated that, "If the putative father denies responsibility, no pressure should fee used to persuade him. If there is corroborative evidence, he should be told that the mother may take court action on (page 80) under "Garnishee Order"i "This action should be used only in instances where It is fe l t that the putative father is deliberately evading responsibility . . . " Case Work Applications in this Area In 1950 a study was made by Miss Patricia Seed of "Maintenance Collections from Putative Fathers" in British Columbia, which is an evaluation of the administration of the Children of Unmarried Parents Act previously referred to. It deals in particular with the relative merits of lump-sum settlements and continued monthly payments.^ The case of social work service is well summed up at one point in the Abstract of this thesis; "Social work must play an Important role in adequate treatment of unmarried parents cases. Putative fathers should be treated as individuals who require the s k i l l of caseworkers in order to solve their conflicts involved in providing maintenance. The study points up the need for more professional personnel who are capable of handling unmarried parent cases,- also a need for a much Heed, Patricia; "Maintenance Collections from Putative . Fathers", Master of Social Work Thesis, University of British Columbia, 1950. - 17 -broader perspe c t i v e on the whole program. H o p e f u l l y t h i s t h e s i s may c l a r i f y the newer philosophy t h a t f o r c i n g mainten-ance c o l l e c t i o n s from p u t a t i v e f a t h e r s a f f o r d s l i t t l e pro-t e c t i o n t o c h i l d r e n born out of wedlock. I t i s through casework and understanding t h a t a p u t a t i v e f a t h e r w i l l w i l l i n g l y share r e s p o n s i b i l i t y with the unmarried mother i n the p r o t e c t i o n and care of the c h i l d , " I n Chapter VII "The Way Forward" of the same thesis,, Miss Reed g i v e s i t as her op i n i o n , t h a t not a l l workers are able t o handle unmarried parents' cases. She suggests t h a t workers should not a l l o w t h e i r own a n x i e t i e s t o i n t e r f e r e w i t h these cases. Some workers, she b e l i e v e s , are a f r a i d of p u t a t i v e f a t h e r s who come to the agency f u l l o f apprehension and who immediately deny p a t e r n i t y . However,"it should be r e a l i z e d " , she con-t i n u e s , " t h a t the p u t a t i v e f a t h e r who i s accused of p a t e r n i t y , has a problem l i k e the unmarried mother." The unmarried mother as w e l l as the p u t a t i v e f a t h e r need s k i l l e d h e l p of a s o c i a l -worker. • • At the time, when t h i s study was made by Miss Reed, i t was found by the socialwo r k e r s i n the C h i l d Welfare D i v i s i o n i n Vancouver, t h a t they could not c a r r y the load of unmarried parents' cases along w i t h t h e i r f u l l load of other cases, such as adoptions and cases of neg l e c t . I t was decided t h a t com-mencing June 1, 1950, the work w i t h unmarried parents was t o be done i n the S o c i a l Welfare Branch Vancouver by a s p e c i a l s o c i a l w o r k e r . I t was her aim to apply casework p r i n c i p l e s t o - 18 -her work w i t h p u t a t i v e f a t h e r s as w e l l as w i t h the mothers of i l l e g i t i m a t e c h i l d r e n i n the framework of the a d m i n i s t r a -t i o n of the C h i l d r e n o f Unmarried Parents Act. This review shows hov? an e x i s t i n g law can be i n t e r -preted i n v a r i o u s ways and forms of p r a c t i c e according to the dominant philosophy of socialwork a t a p a r t i c u l a r time. The s o c i a l w o r k e r was asked to prepare a Job-Study^*^after three months of work on t h i s s p e c i a l p r o j e c t . In Chapter 2 of t h i s t h e s i s , i t w i l l be r e f e r r e d again to some p o i n t s of t h i s Job-Study. Here i t I s of i n t e r e s t t o quote point 5 on page 7 of the Study j "Remarks and Suggestions: 5- There should be con-s i d e r a t i o n as to how we can g i v e a more adequate s e r v i c e t o p u t a t i v e f a t h e r s . " Many books-and a r t i c l e s have been w r i t t e n on i l l e g i t i m a c y and on the unmarried mother and her c h i l d as w e l l as on casework wi t h the unmarried mother. But very l i t t l e s p e c i f i c l i t e r a t u r e e x i s t s about casework w i t h p u t a t i v e f a t h e r s * The b a s i s of socialwork l i t e r a t u r e i s o f t e n found i n w r i t i n g s by Mary Richmond, This i s true too i n r e l a t i o n to casework l i t e r a t u r e w i t h p u t a t i v e f a t h e r s . In her book S o c i a l  Diagnosis. published 1917, she d e s c r i b e s on page 144 how a C h i l d r e n ' s A i d S o c i e t y sent l e t t e r s to p u t a t i v e f a t h e r s i n -v i t i n g them to co-operate. She w r i t e s : . . ."3). The Unmarried Father . . . . . E f f o r t s such as foregoing j to d e a l i n i l l e g i t i m a c y cases w i t h t he f a t h e r q u i t e as d i r e c t l y as w i t h the mother and Kidd, S.E.; REPORT on C.U.P.A. Work, Vancouver D i s t r i c t O f f i c e , S o c i a l Welfare Branch, Court House, Vancouver, B.C., September 12, 1950. - 19 * c h i l d , and t o do t h i s out of court i n the f i r s t i n s t a n c e , are f u r t h e r i l l u s t r a t e d by the f o l l o w i n g case notes " The d i r e c t approach to the f a t h e r out of court was emphasized. In the book The I l l e g i t i m a t e Family i n New l o r k  C i t y by Ruth Reed (1934), d i f f e r e n t opinions are expressed on how to work best with an unmarried f a t h e r . Some workers b e l i e v e i n s t r i v i n g f o r v o l u n t a r y acknowledgement of p a t e r n i t y , others b e l i e v e i n s t r i v i n g towards a lump-sum settlement. The experience of the s o c i a l agencies has been t h a t a l l p o s s i b l e types of behavior on the pa r t of the p u t a t i v e f a t h e r were seen. I n The Proceedings of the N a t i o n a l Conference of  S o c i a l Work 1940 i n the a r t i c l e "Establishment of P a t e r n i t y " by Maud Morlock on Page 303, the r e s u l t s of an enquiry about casework procedures d e a l i n g w i t h f a t h e r s of i l l e g i t i m a t e c h i l d r e n were presented^. Only very few of the r e p o r t i n g agencies had o f f e r e d s e r v i c e s t o the p u t a t i v e f a t h e r s out-s i d e of e s t a b l i s h i n g p a t e r n i t y . When s e r v i c e s were o f f e r e d * they were r e a d i l y accepted. The r e s u l t s depended upon the type of p e r s o n a l i t y of the f a t h e r s as w e l l as upon the method of approach used and upon the s k i l l of the caseworker. The r e s u l t s of the enquiry are summarized. I t i s suggested i n t h i s summary that o n l y caseworkers with the best s k i l l and wi t h emotional m a t u r i t y should do the work w i t h p u t a t i v e f a t h e r s . The workers should be able to c o n t r o l t h e i r own a t t i t u d e s t o the problem. The p u t a t i v e f a t h e r i s not a volu n t a r y c l i e n t o f the agency as a r u l e . Maintenance f o r - 20 -the c h i l d can be approached c o n s t r u c t i v e l y only when t h e r e i s an awareness on the pa r t of the soci a l w o r k e r of the, .emotional and s o c i a l problems of the f a t h e r . I n May 1947j an a r t i c l e by Samuel Futterman and Jean B. Livermore was published i n the Jo u r n a l of S o c i a l  Casework on " P u t a t i v e Fathers" (p. 174). This a r t i c l e deals w i t h the psychology of p u t a t i v e f a t h e r s and a l s o w i t h .cases, . where p s y c h i a t r i c treatment became necessary. The co n c l u s i o n of the study i s th a t ^ fundamentally, the psychology of the p u t a t i v e f a t h e r i s s i m i l a r t o that of the unmarried mother. Leontine Young, i n her book Out of Wedlock (1954)» devotes a whole chapter to the d i s c u s s i o n of the unmarried f a t h e r , (Page 131pp.) She too p o i n t s out that the f a t h e r o f t e n has been ignored i n the treatment of i l l e g i t i m a c y cases. He, as a human being w i t h needs, problems, f e a r s and p o t e n t i a l i t i e s of h i s own^ was f o r g o t t e n . Because of the p u n i t i v e a t t i t u d e the agencies o f t e n have taken, and the p u n i t i v e a t t i t u d e of the law, there was l i t t l e chance to get to know the p e r s o n a l i t y of the p u t a t i v e f a t h e r . He had to defend h i m s e l f , which d i s t o r t e d the p i c t u r e of h i s person-a l i t y . Recent s t u d i e s begin t o throw l i g h t upon h i s psycho-l o g i c a l make-up and h i s p s y c h o l o g i c a l problems. Miss L.. Young s t a t e s , t h a t help f o r the unmarried f a t h e r as w e l l as f o r the mother l i e s i n seeing him w i t h h i s own needs and problems. The r e a l question i s * what are the mother's and f a t h e r ' s problems as i n d i v i d u a l s and how can they be helped - 21 -t o l i v e happier and more c o n s t r u c t i v e l i v e s ? The l a s t p u b l i c a t i o n a v a i l a b l e on casework w i t h p u t a t i v e f a t h e r s i s The Report of the Committee on S e r v i c e s  to Unmarried Parents of the Family and C h i l d Welfare D i v i s i o n of the Canadian Welfare C o u n c i l . The d r a f t of December* 1955, on page 31 pp. under S e r v i c e s t o P u t a t i v e Fathers s t a t e s , t h a t of the three persons i n v o l v e d i n the problem of unmarried parenthood, the l e a s t i s known about the p u t a t i v e f a t h e r * P r a c t i c e has shown t h a t the f a t h e r ' s co-operation i n planning f o r mother and c h i l d i s e a s i l y l o s t when, i n agency practice,, the emphasis has been placed only on the p u t a t i v e f a t h e r ' s f i n a n c i a l o b l i g a t i o n . The n e c e s s i t y to provide s e r v i c e s to help the p u t a t i v e f a t h e r w i t h h i s own problems i n a casework r e l a t i o n s h i p i s emphasized i n the Report. The f a t h e r may want to work out h i s f e e l i n g s about h i s r e l a t i o n s h i p to the mother as w e l l as t o the c h i l d . The Casework approach to en-courage t n e p u t a t i v e f a t h e r to help p l a n f o r the c h i l d and* i f necessary, to work out h i s own problems i s a sound one; i t should be the g o a l of a l l contacts with p u t a t i v e f a t h e r s . Method of the Present Study Against t h i s review of l e g i s l a t i o n and p r i n c i p l e s as e s t a b l i s h e d i n various c o u n t r i e s , the p l a n f o r the present study i s t o review the B.C. l e g i s l a t i o n , the s e t t i n g w i t h i n which s o c i a l work i s done, and the a c t u a l s e r v i c e g i v e n to p u t a t i v e f a t h e r s i n the S o c i a l Welfare Branch (Vancouver), This i n c l u d e s l e g a l , a d m i n i s t r a t i v e and s o c i a l work aspects. - 22 -The a c t u a l s e r v i c e given i s s t u d i e s by a n a l y s i s of a sample of records (every f i f t h ) , covering a f i v e year p e r i o d from June 1950 to May 195$. Comparison of b r i e f s e r v i c e cases w i t h continued s e r v i c e cases, and comparison of "co-operation" and "non-co-operation" achieved i n contacts with p u t a t i v e f a t h e r s i n t h i s sample* are aspects of the subject which are explored. Case examples are used to i l l u s t r a t e the k i n d of s e r v i c e g i v e n to p u t a t i v e f a t h e r s . I m p l i c a t i o n s f o r p o l i c y i n t h i s f i e l d of s o c i a l w e l f a r e are discussed i n a conclud-i n g chapter. CHAPTER 2 THE SETTING AND THE PROBLEM. The fundamental law i n r e l a t i o n t o i l l e g i t i m a c y i n B r i t i s h Columbia i s the "Act* to provide f o r the Mainten-ance of C h i l d r e n of Unmarried Parents" (194#)'*" a l r e a d y r e f e r r e d t o . This Act determines the l e g a l r e l a t i o n s be-tween the d i f f e r e n t p a r t i c i p a t i n g p a r t i e s ; i . e . , the i l l e g i t i m a t e c h i l d , the unmarried mother, the p u t a t i v e f a t h e r and the Superintendent of C h i l d Welfare. I t does not say anything b a s i c about the c h i l d ' s l e g a l s i t u a t i o n i n r e l a t i o n to h i s mother or f a t h e r , such as the r i g h t of name or i n h e r i t a n c e . The s o c i a l worker i n the S o c i a l Wel-f a r e Branch a c t s on behalf of the Superintendent. The focus of a l l work done by the Un i t i s the planning f o r the c h i l d . This may take d i f f e r e n t forms; e.g., t r y i n g t o get maintenance f o r the c h i l d , or only background i n f o r m a t i o n from the f a t h e r f o r i t s adoption. Or i t may mean help the mother and the f a t h e r to make ade-quate p h y s i c a l plans f o r the care of the c h i l d . L e g a l l y The accepted a b b r e v i a t i o n i n the a d m i n i s t r a t i o n of the C h i l d r e n of Unmarried Parents Act i s "C.U.P.A." I n the f o l l o w -d e s c r i p t i o n , the word " U n i t " w i l l be used f o r the G.U.P. worker i n the S o c i a l Welfare Branch, Vancouver. the u n i t represents the Superintendent of C h i l d Welfare* I t a c t s on h i s b e h a l f . Sec. 4 of the CU.P.Act says: "4. I t s h a l l be the duty of the Superintendent by i n q u i r y through c h i l d r e n ' s a i d s o c i e t i e s and otherwise to o b t a i n a l l i n f o r m a t i o n p o s s i b l e with'respect to every c h i l d born out of wedlock, and the Superintendent s h a l l take such proceedings and do a l l such things as are permitted or r e q u i r e d under t h i s Act as may seem to him a d v i s a b l e i n the i n t e r e s t of the c h i l d , E v e r y t h i n g the Superintendent does, has t o be i n the i n t e r e s t of the c h i l d . There i s nothing s a i d I n the Act that he I s guardian of the c h i l d and could a c t on behalf of the c h i l d by the f a c t of guardianship. Sec. 6 says, that he may be appointed guardian e i t h e r alone Or j o i n t l y w i t h the 2) mother of the c h i l d . Since the use of t h i s Sec. 6 i s not the r u l e i n p r a c t i c e j there i s o n l y a very loose l e g a l t i e be-tween the u n i t and the c h i l d . On the other hand, the term "...do a l l such t h i n g s as are permitted or r e q u i r e d under t h i s Act as may seem to him a d v i s a b l e i n the i n t e r e s t of the c h i l d " , does cover a v e r y broad f i e l d . The Act leaves much room f o r f l e x i b i l i t y i n the use of the l e g a l t i e between c h i l d and u n i t . The l e g a l p o s i t i o n o f the u n i t i n r e l a t i o n to the mother i s more d e f i n e d . The Superintendent, upon the mother's a p p l i c a t i o n f o r advice and p r o t e c t i o n , s h a l l take such a c t i o n as may seem t o him a d v i s a b l e i n the i n t e r e s t s of the mother and C.U.P,Act. Sec. 4 page390 C.U.P.Act. Sec. 6 page390 the c h i l d . I n Vancouver, i t means that the u n i t has t o take these a c t i o n s by d e l e g a t i o n from the Superintendent. Both* mother and superintendent* s h a l l be rendered s e r v i c e s by the s o l i c i t o r or prosecuting o f f i c e r i n the m u n i c i p a l i t y where the mother r e s i d e s . " ^ No name w i t h l e g a l i m p l i c a t i o n s has been found f o r t h i s l e g a l c o n s t e l l a t i o n of mother and super-intendent. Nor has i t been worded i n the A c t , whether the mother i s , by the f a c t of having the C h i l d , the s o l e guardian of the c h i l d . Mother, i n the meaning of the A c t , i s a s i n g l e woman or a widow who has been d e l i v e r e d of an i l l e g i t i m a t e c h i l d or who i s pregnant and l i k e l y to be d e l i v e r e d of an i l l e g i t i m a t e c h i l d or any married woman, who has been d e l i v e r -ed of an i l l e g i t i m a t e c h i l d , and who was l i v i n g apart from her 2) husband a t the time of conception of the c h i l d . ' The law does not d e f i n e what an i l l e g i t i m a t e c h i l d i s . I n the case of a widow or a married woman, i t may be questionable whether a c h i l d i s l e g i t i m a t e or i l l e g i t i m a t e . The Act puts the mother and the superintendent i n t o an equal p o s i t i o n I n r e l a t i o n 'to i n i t i a t i n g a c t i o n a g a i n s t the f a t h e r of the c h i l d . Both are e n t i t l e d t o l a y a complaint a-3) g a i n s t the p u t a t i v e f a t h e r . The term " to take such a c t i o n as seems a d v i s a b l e i n the i n t e r e s t s of the mother and the c h i l d , " i n c l u d e s ; helping the mother i n planning f o r her c h i l d , h e l p i n g her w i t h C.U.P.Act. Sec. 2, page 3^9. 2 ^ C.U.P.Act. See. 2, page 389. 3) C.U.P.Act. Sec. 5, page 390. - 26 -c o u r t procedures, g i v i n g her I n t e r p r e t a t i o n of her r i g h t s a g a i n s t the p u t a t i v e f a t h e r , i n t e r p r e t a t i o n of s e r v i c e s g i v e n by other agencies i f they seem i n d i c a t e d ; e.g., i n adoption p l a n s . But a l l of t h i s i s on a vo l u n t a r y b a s i s and only p o s s i b l e when the mother asks f o r advice and pro-t e c t i o n . The l e g a l p o s i t i o n of the u n i t i n r e l a t i o n t o the p u t a t i v e f a t h e r i s a d i f f e r e n t one. By law i s the superintend-ent, and w i t h him the u n i t , i n an a u t h o r i t a t i v e r o l e towards the f a t h e r . One of the proceedings allowed to be taken, as mentioned above, i s to l a y a complaint a g a i n s t the man a l l e g e d to be the f a t h e r . The g o a l of these proceedings i s , to f i n d out, who the f a t h e r o f the c h i l d i s . When the f a t h e r i s found, he may be ordered t o pay maintenance f o r the c h i l d . The payment of maintenance towards the c h i l d does not g i v e him any r i g h t towards the child,. Since the superintendent works f o r the c h i l d u s u a l l y through i t s mother, h i s ae t i o n s depend on the plans which the mother has made. I n some i n -stances the superintendent i s s a t i s f i e d w i t h an admission of p a t e r n i t y i n w r i t i n g . I n other i n s t a n c e s ; e.g., when a c h i l d i s placed i n a f r e e adoption home, he may be s a t i s f i e d w i t h admission of p a t e r n i t y plus background i n f o r m a t i o n of the f a t h e r . The Act all o w s the superintendent t o s i g n an agree-ment with the f a t h e r f o r payments towards the maintenance of the c h i l d . . That i s a vo l u n t a r y a c t by the f a t h e r , but may l a t e r be used i n evidence i n court a c t i o n . The u n i t only - 27 -prepares the agreements, but does not s i g n the form. The s o c i a l worker only witnesses the signa t u r e s o f mother and f a t h e r . The Three-Party-Agreement i s the r u l e * I n case of death or d e s e r t i o n by the mother, a Two-Party-Agreement may be signed by the f a t h e r and the Superintendent. When the f a t h e r or the mother does not comply with the terms of the Agreement, the superintendent may apply t o a M a g i s t r a t e (Family Court i n Vancouver) f o r an A f f i l i a t i o n Order. The 1) Agreement i s s u f f i c i e n t proof of p a t e r n i t y * When a complaint has been l a i d against a person a l l e g e d to be the f a t h e r of the c h i l d and the summons ihas been served, i t i s the duty o f the p u t a t i v e f a t h e r to appear i n court and answer the Summons, The judge has t o i n q u i r e i n t o the matter of complaint* He may make an order, d e c l a r -i n g the p u t a t i v e f a t h e r t o be the f a t h e r of the c h i l d , and r e q u i r i n g him to pay the medical expenses of the mother i n connection w i t h the b i r t h of the c h i l d , p l u s a sum of money weekly towards the maintenance ef the c h i l d , u n t i l the c h i l d 2) a t t a i n s the age of s i x t e e n years. In case the f a t h e r does not appear f o r the hearing, the judge may proceed ex parte 3) or i s s u e a warrent f o r the apprehension of the f a t h e r . I t shows how the f a t h e r i s sub j e c t to the a c t i o n s which the u n i t may take. The law allows f u r t h e r a c t i o n s to be taken by the X i C.U.P.Act. Sec. 26, Page 398 2> C.U.P.Act. Sec. 9 ( D ( b ) , Page 392 3) C.U.P.Act, Sec. 9 ( 3 ) , Page 392 superintendent; e.g», when he i s i n d e f a u l t of payments. A garnishee order may be a p p l i e d f o r a t the Court by the s u p e r i n t e n d e n t . ^ A f f i l i a t i o n Orders may be enforced on request of the superintendent to the Court by i s s u i n g a ' 2) summons to show cause why an order should not be enforced. Proceedings under the "Summary Convictions A c t " are a p p l i c -3) a b l e , i n c l u d i n g imprisonment. A f a t h e r ' s e s t a t e i s bound 4) by an a f f i l i a t i o n order. I t should be mentioned, t h a t an a f f i l i a t i o n order can be v a r i e d by the co u r t upon a p p l i c a -t i o n by the superintendent, e i t h e r parent of the c h i l d , or 5) the c h i l d . I n the l a s t respect superintendent and f a t h e r have equal r i g h t s . The f a t h e r ' s means of defense are: appeal w i t h i n three months a f t e r an a f f i l i a t i o n order has been made* Fu r t h e r means of h i s p r o t e c t i o n are l a i d down i n Sec, (page 391) of the Act* They are: The complaint has to be l a i d w i t h i n one year a f t e r the b i r t h of the c h i l d , or w i t h i n one year of admission of p a t e r n i t y by the p u t a t i v e f a t h e r , or w i t h i n one year a f t e r the r e t u r n of the f a t h e r t o B r i t i s h Columbia, when hechas been absent from B.C. a t the e x p i r a t i o n of the p e r i o d of one year from the b i r t h of the c h i l d , The f a c t t h a t the C.U.P.Act i s a p r o v i n c i a l law of B r i t i s h Columbia on l y , and there i s no r e c i p r o c a l agreement w i t h other provinces, i s another l e g a l f a c t , which may be ^G.U.P,ACT. Sec. 2 1 , page 3 9 5 . 2) c.U.P,Act, Sec. 2 3 ( 1 ) , page 3 9 7 . 3) c.U.P.Act. Sec. 2 3 ( 2)(c),page 3 9 7 . 4) CU.P.Act. Sec. 2 4 , page 3 9 7 . 5) c.U.P.Act. Sec, 1 1 , page 3 9 2 . - 2 9 -used by the f a t h e r i n h i s f a v o r . The superintendent can-not enforce any j u r i s d i c t i o n over the f a t h e r outside of B r i t i s h Columbia. 1^ I n r e l a t i o n to the Superintendent of C h i l d Welfare the u n i t a c t s as the r e p r e s e n t a t i v e under general a u t h o r i s a -t i o n . A d m i n i s t r a t i v e Functions of the U n i t i n R e l a t i o n t o : a) the Superintendent of C h i l d Welfare, The C.U.P. u n i t i n the S o c i a l Welfare Branch i n Vancouver c a r r i e s out i t s work by d e l e g a t i o n of f u n c t i o n s from the superintendent -to the u n i t . This d e l e g a t i o n i s p a r t of the a d m i n i s t r a t i v e o r g a n i z a t i o n of the Department of Health and Welfare. The Superintendent of C h i l d Welfare (head-quarters In V i c t o r i a * B.C.) i s r e s p o n s i b l e f o r the admin-i s t r a t i o n of 4 Acts i n the C h i l d Welfare D i v i s i o n . These Acts are: The Adoption A c t ; The C h i l d r e n of Unmarried Parents Act; The P r o t e c t i o n of C h i l d r e n A c t ; and The J u v e n i l e Delinquents Act. H i s l i n e of r e s p o n s i b i l i t y goes through the A s s i s t a n t D i r e c t o r of Welfare and the D i r e c t o r of Welfare to the Deputy M i n i s t e r , A F i e l d S e r v i c e , covering the whole province, i s organized i n 6 d i f f e r e n t Regions, The S o c i a l Welfare Branch i n Vancouver i s pa r t of Region 2 , The F i e l d S e r v i c e makes p r o v i s i o n of S o c i a l S e r v i c e to a l l c a t e g o r i e s s e r v i n g : C h i l d Welfare, Mother's Allowance, S o c i a l Allow-•^A recent d e c i s i o n of the Supreme Court of Canada may change the s i t u a t i o n towards r e c i p r o c a l agreements between the Provinces, 30 ance, Old-Age A s s i s t a n c e , Tuberculosis D i v i s i o n , Venereal Disease D i v i s i o n , Mental H o s p i t a l s , C h i l d Guidance C l i n i c , Boy's I n d u s t r i a l School, G i r l ' s I n d u s t r i a l School, H o s p i t a l I n s p e c t i o n Branch, Welfare I n s t i t u t i o n s , P r o v i n c i a l Home, C o l l e c t i o n s S e r v i c e , Law Courts, Family Allowance ( F e d e r a l ) , Veterans A f f a i r s ( F e d e r a l ) , Indian A f f a i r s ( F e d e r a l ) . The a d m i n i s t r a t i o n of the C.U.P,Act i s only a part of t h e i r work. This i s d i f f e r e n t i n the S o c i a l Welfare Branch i n Vancouver. I n June 1950 a s p e c i a l s o c i a l worker was appointed to work, e x c l u s i v e l y under the C.U.P.Act. While there i s a general d e l e g a t i o n of f u n c t i o n s from the superintendent to the u n i t , i n cases of court a c t i o n the u n i t has to present a w r i t t e n a u t h o r i t y from the superintend-ent i n the g i v e n case. Since the a d m i n i s t r a t i o n of the C.U.P. Act i s a p a r t i c u l a r concern of the V i c t o r i a O f f i c e , the f a t h e r s are requested t o make t h e i r payments t o the superintendent's o f f i c e d i r e c t l y . The u n i t r e c e i v e s a M o n t h l y - P a y l i s t w i t h the names of the cases, the amount to be paid weekly plus the amount f o r medical expenses, the date and amount of the l a s t payment and the amount o f the a r r e a r s , i f any. The l i s t f o r Vancouver i n c l u d e s cases whieh are a c t i v e w i t h C h i l d r e n ' s A i d S o c i e t i e s . T o t a l s of payments are not computed on these l i s t s . The superintendent's o f f i c e keeps c o n t r o l over the number of agreements signed, Court orders made and lump-sum settlements being approved i n B r i t i s h Columbia. There i s no d i f f e r e n t i a t i o n i n t h i s o f f i c e according to Regions or l o c a l - 31 -S o c i a l Welfare Branches.. Since the u n i t i n i t s Monthly Re-port I s not asked t o g i v e the number of agreements signed, Court Orders made and lump-sum settlements signed, there i s no way of f i n d i n g out what the a c t i v i t y of each u n i t i n t h i s r e s p ect has been, unless one goes back t o the i n d i v i d u a l f i l e s , b) I n r e l a t i o n to the S o c i a l Welfare Branch the u n i t i s i n a unique p o s i t i o n . The u n i t i s p a r t of the Branch, The s o c i a l i-jorker uses o f f i c e space and o f f i c e equipment of the . Branch, A stenographer i s e s p e c i a l l y assigned t o her. She i s supervised by a su p e r v i s o r of the Branch, But she does only one type of work, work under the C..U,P* Act. e) On many a d m i n i s t r a t i v e matters, the u n i t i s c l o s e l y l i n k e d w i t h the Family Court i n Vancouver. I t i s common tha t 1} the u n i t prepares a Court Summary f o r the hea r i n g . For t h e pr e p a r a t i o n of the Court Summary, the s o c i a l worker, i n t e r v i e w s the mother and hears her s t o r y . I f p o s s i b l e , she hears the witnesses beforehand. She then discusses the case w i t h the C i t y Prosecutor before the case i s c a l l e d i n c o u r t . I n the event t h a t the mother l a y s the complaint h e r s e l f , the s o c i a l worker helps her wit h the t e c h n i c a l i t i e s i n c o u r t . She may hel p her to w r i t e the r e q u i r e d l e t t e r to the Superintendent, to i nform him that a complaint a g a i n s t the p u t a t i v e f a t h e r has bean l a i d . 2 ' ' The o u t l i n e f o r a Court Summary i s g i v e n i n the P o l i c y Manual of the Department of Health and Welfare, Page #7. 2 ) C.U.P.Act, Sec, 17, Page 395, - 3 2 -I n the case of p r i v a t e p r o s e c u t i o n ; i . e . , when both p a r t i e s have lawyers, the s o c i a l worker does not do anything before the he a r i n g . When the superintendent sends the w r i t t e n a u t h o r i t y f o r h i s r e p r e s e n t a t i o n , the s o c i a l worker may go and attend the hearings, She has the r i g h t to i n t e r v e n e . I f both p a r t i e s are i n t e r e s t e d i n an agreement or i n a lump-sum s e t t l e -ment, she may begin to negotiate immediatelyj while the judge adjourns the hearing* I n case there e x i s t e d an a f f i l i a t i o n order p r e v i o u s l y , and t h i s order i s fol l o w e d by a lump-sum settlement and the l a t t e r i s pai d up* the u n i t takes the A f f i d a -v i t from the Superintendent's O f f i c e about the payments t o the court and asks f o r v a r i a t i o n of the order* There i s no pro-v i s i o n i n the Act f o r r e s c i n d i n g o f the a f f i l i a t i o n order. Therefore the v a r i a t i o n i s made t o say tha t no money should be paid under the order* d) The a d m i n i s t r a t i v e p o s i t i o n of the u n i t i n r e l a t i o n to other agencies i s v a r i e d . The a d m i n i s t r a t i v e r e l a t i o n s w i t h the other agencies have developed out of p r a c t i c e over a p e r i o d of years* They are not s t a t i c and have a l s o changed du r i n g the time under c o n s i d e r a t i o n * Only the present s i t u -a t i o n i s taken i n t o account i n the present d e s c r i p t i o n . Since the u n i t i s the only agency i n Vancouver which i n the matter ofG.U.P. can represent the Superintendent i n the Family Court( i t i s i n a s p e c i a l p o s i t i o n * The superintendent has Ch i l d r e n ' s A i d S o c i e t i e s a u t h o r i z e d to s i g n agreements and lump-sum settlements* But as soon as court a c t i o n i s requested by a mother, the case - 33 -has to be delegated from the Chi l d r e n ' s A i d S o c i e t y t o the U n i t . I t may be worked out that the other agency proceeds w i t h ; e.g., c h i l d placement or casework s e r v i c e s f o r the mother, wh i l e the u n i t does the necessary "court work. We f i n d a s i m i l a r s i t u a t i o n when a mother has been i n contact with the Family Service, Agency f o r casework s e r v i c e s . When the time of court a c t i o n a r i s e s , the case has t o be r e -f e r r e d to t h e u n i t f o r the court a c t i o n . The same i s a p p l i c a -b l e when a f a t h e r was a c t i v e w i t h t h e Family S e r v i c e Agency and; e.g., the question of a lump-sum settlement a r i s e s . Be-cause the Family S e r v i c e Agency does not s i g n settlement agree-ments, the f a t h e r has to be r e f e r r e d to the u n i t f o r t h i s one purpose. The C i t y S o c i a l S e r v i c e Department i n Vancouver had made i t one of the e l i g i b i l i t y requirements f o r an a p p l i c a n t f o r S o c i a l A s s i s t a n c e , when she i s a mother i n the meaning of the Act, t h a t she see the s o c i a l worker of the U n i t and request a c t i o n a g a i n s t the f a t h e r of her c h i l d . This procedure could be c a l l e d a "non-voluntary r e f e r r a l " . The r e s u l t of these C i t y -S o c i a l S e r v i c e r e f e r r a l s i s examined i n the next s e c t i o n . The u n i t i s i n d i r e c t connection by m a i l w i t h other S o c i a l Welfare Branch D i s t r i c t O f f i c e s throughout the province. Often mothers l i v e i n areas, covered by another D i s t r i c t O f f i c e , and the p u t a t i v e f a t h e r supposedly l i v e s i n Vancouver. I n these i n s t a n c e s , the request f o r an i n t e r v i e w w i t h the p u t a t i v e f a t h e r comes d i r e c t l y from the other D i s t r i c t O f f i c e and the answer goes back d i r e c t l y . That - 34 -i s not so wi t h requests from other provinces o r outside Canada.. Those are channelled through the Superintendent of C h i l d Welfare i n V i c t o r i a down to the u n i t . The answers on the other hand go through the superintendent's o f f i c e back t o the place of request. The l i n e s of communication are kept c l e a r l y i n accordance w i t h the l i n e s of a u t h o r i t y . Requests from European c o u n t r i e s , to i n t e r v i e w a p u t a t i v e f a t h e r i n Vancouver, are as a r u l e channel-l e d v i a the Canadian Welfare C o u n c i l i n Ottawa and then through the Superintendent i n V i c t o r i a , B;.C., down t o the u n i t . Incidence of Cases What k i n d of s e r v i c e s were given to p u t a t i v e f a t h e r s during the 5 year p e r i o d from June 1950 t o May 1955? To f i n d an answer to t h i s q uestion, i t was necessary t o operate w i t h a l l cases which had been a c t i v e i n the p e r i o d under c o n s i d e r a -t i o n . The card index was used i n connection w i t h Monthly Reports of the u n i t and the a c t u a l f i l e s . Since the u n i t was not s e t up f o r research purposes, there are a number of shortcomings i n the use of the g i v e n material,. The main d i f f i c u l t y I n a study of s e r v i c e s g i v e n t o p u t a t i v e f a t h e r s was t h a t the f i l i n g system i s s e t up under the mother's name. There i s a c r o s s -reference w i t h t h e names of the f a t h e r s i n the a c t i v e cases, where f a t h e r s pay. But that was not of any advantage f o r the present s t u d y . ^ ^ ' I t i s somewhat anomalous t h a t the f i l e s are i n the mother's name, when the c h i l d i s the centre of concern. There may be ad-m i n i s t r a t i v e reasons, but may i t not have some p s y c h o l o g i c a l bearing on the worker's p o s s i b l e i d e n t i f i c a t i o n w i t h the mother of the c h i l d ? - 35 -a) The f i r s t step was to f i n d out how many cases had been active i n the unit from June 1950 to May 1955. The answer was found by a d d i t i o n from the 79 "brought forward" cases (June 1950) with the new cases and the transferred-in Cases i n the following f i v e years. The f i v e years' t o t a l i s 728. . b) As a cross check, the r e f e r r a l s from d i f f e r e n t agencies were added during the same period. In t h i s case the index cards were used and the same r e s u l t , 728 cases, was obtained. 3"^The next was to f i n d out, i n every case, whether the s o c i a l worker's a c t i v i t y amounted to any contact with e i t h e r the mother or the father, or both, or i f the e f f o r t s to locate and contact either of them were i n vain. The r e s u l t of the analysis of the 726" cases was as shown be-low. When cases are "transferred out", the f i l e s are sent out too: these were therefore not a v a i l a b l e f o r a n a l y s i s . Mo. P.G. Contacts with mother only: 208 28.5 Contacts with father only: 102 14.0 Contacts with both parents: 147 20.1 No personal contact: 162 22.2 Cases "transferred out": 109 15*2 Total: 728 100. The greatest number of r e f e r r a l s comes from the C i t y S o c i a l Service Department. Comparison of the r e s u l t s of con-tacts i n t h i s s p e c i a l category with the t o t a l group of cases 'The source of r e f e r r a l s i s shown i n Table 1 i n the appendix. shows, out of the total number of referrals, there was contact with the mother only i n 28,5$. The corresponding figure out J.) of the City Social Service referrals i s 56.8"% , This points out some significance about the cases referred. It i s obvious that the mothers, i n many cases, cannot give any definite i n -formation about the address of the fathers. Otherwise, the number, i n which contacts with fathers were achieved, would be higher. The records disclose that In many instances the mother did not want any action to be taken against the father of her child. It i s reasonable to question whether something should not be changed in the existing referral procedure. c) Since the aim of the study i s to analyze services given to putative fathers, only those cases were then select-ed where there had been contact with either the father only, or with both parents. These two categories together totalled 249. d) A f i r s t hypothesis was that there would be an important difference between cases with brief services to fathers and Gases with continued services. The standard classification of the Family Service Association of America was used. Brief service was given when the contact consisted of telephone call s , letters and up to one face-tos-face inter-view. Continued service was given by two or more face-to-face interviews. Counting on a check showed there were 137 of the See Appendix, Table 2. -37 -of the former and 112 of the l a t t e r . These f i g u r e s show th a t most of the work done i s b r i e f - s e r v i c e . I t would seem reasonable to expect i n the context of the present study there would be a d i f f e r e n c e worth e x p l o r -i n g between the b r i e f (or s i n g l e i n t e r v i e w ) cases and the con-t i n u e d ( o r longer period) cases. Presumablyj there would be more room f o r co-operation t o be developed and f o r casework s e r v i c e s to be g i v e n . A c c o r d i n g l y ! a t a b u l a t i o n was made on a sample b a s i s * (every f i f t h case), s e t t i n g out the f o l l o w i n g as an " o p e r a t i o n a l d e f i n i t i o n " of "co-operation" manifested by the f a t h e r ; when he a) admitted p a t e r n i t y , b) gave background i n f o r m a t i o n , c) signed an agreement, d) signed a lump-sum settlement, e) made the promised payments, f ) took the c h i l d i n t o h i s home, g) married the mother. As i t provedj the l a s t two i n c i d e n t s were not f r e -quent, and i n f o r m a t i o n on item e) was not e a s i l y o b t a i n a b l e (not i n a l l r e c o r d s ) . I t was p o s s i b l e t h e r e f o r e o n l y t o use p o i n t s , a ) , b),. c ) , d ) . In the same way the o p e r a t i o n a l d e f i n i t i o n was t h a t "non-co-operation" was i n d i c a t e d by the f a t h e r , when he a) denied p a t e r n i t y , Appendix, Table 3. b) a Court Order was made, c) a Garnishee Order was made, d) commitment to g a o l was d e c l a r e d , e) payments were terminated prematurely, f ) he l e f t Vancouver without n o t i f y i n g the u n i t , g) he l e f t B r i t i s h Columbia without n o t i f y i n g the u n i t . The outcome of the comparison i s somewhat s u r p r i s i n g . With one exception, a l l k i n d s of co-operation and non-co-opera-t i o n appeared to occur e q u a l l y f r e q u e n t l y i n b r i e f s e r v i c e cases and continued s e r v i c e cases. The exception i s , t h a t f o r work-i n g out a lump-sum settlement, more than one i n t e r v i e w appears to be necessary. While t h i s e x p l o r a t i o n i s h e l p f u l i n i t s e l f , i t d i d not l e a d to any b a s i c guide i n the S e l e c t i o n of cases f o r i l l u s t r a t i o n of "co-operation" or "non-co-operation" on the p a r t of the p u t a t i v e f a t h e r s . The same sample of cases was t a b u l a t e d according to sources of r e f e r r a l s and t h e r e s u l t s "co-operation" or "non-co-operation" i n the contacts w i t h puta-t i v e f a t h e r s . The outcome of t h i s comparison d i d show no d i s t i n c t d i f f e r e n c e s i n the r e s u l t s compared w i t h the d i f f e r -1) ent sources of r e f e r r a l s . The d e c i s i o n was f i n a l l y taken, t h e r e f o r e , to s e l e c t cases p r i m a r i l y to i l l u s t r a t e and review the s o c i a l worker's r o l e i n very d i f f e r e n t s e r v i c e s given t o p u t a t i v e f a t h e r s . They show the r o l e of law and a d m i n i s t r a -t i o n i n s e r v i c e s to p u t a t i v e f a t h e r s . As f a r as p o s s i b l e , the Appendix, Table 4. - 3 9 -the examples represent a s e r i e s of t y p i c a l s i t u a t i o n s i n s o c i a l work with p u t a t i v e f a t h e r s . The next step was t o look at the r e s u l t s i n s o c i a l work w i t h p u t a t i v e f a t h e r s shown by the number of. w r i t t e n admissions of p a t e r n i t y * background i n f o r m a t i o n s given f o r adoptions * and agreements signed. But the Monthly Reports of the u n i t do not show any of these i t e r n s s w h i l e the Annual Report of the Superintendent f o r C h i l d Welfare shows the t o t a l number f o r the whole Province of B r i t i s h Columbia only* There has been a steady increase i n agreements signed and lump-sum settlements paid* But there are too many v a r i a b l e s which are not known so that no c o n c l u s i o n can be drawn from t h a t source. The i n c r e a s i n g number of c h i l d r e n born out of wedlock, or more e f f e c t i v e work i n reaching p u t a t i v e f a t h e r s * or t h e i r g r e a t e r w i l l i n g n e s s f o r co-operation are j u s t a few of the f a c t o r s which may have created the increase* To get the number of a f f i l i a t i o n orders made i n a g i v e n time i n cases a c t i v e w i t h the u n i t * was not p o s s i b l e f o r reasons mentioned under the a d m i n i s t r a t i v e aspects* One f a c t i s without q u e s t i o n ; i n the p e r i o d under c o n s i d e r a t i o n there has never been a garnishee order by the Family Court i n connection with the work of the u n i t , nor has a f a t h e r been committed to g a o l because of non-payment on the a f f i l i a t i o n order. I n other words, the s o c i a l worker has been s u c c e s s f u l i n a v o i d i n g the use of the most p u n i t i v e methods p o s s i b l e under the law. I t has been the p o l i c y of the Superintendent to a v o i d compulsion as much as - A O -p o s s i b l e . This concept has a l r e a d y been discussed (Chapter 1»): i t i s i n l i n e with the goal of t a k i n g the s i t u a t i o n of the f a t h e r i n t o c o n s i d e r a t i o n as much as p o s s i b l e and t o g a i n h i s co-operation. How t h i s has been pursued i n a c t u a l eases i s the theme of the next chapter* CHAPTER 3 SERVICES TO PUTATIVE FATHERS The s o c i a l worker i n the C.U.P. u n i t i n the S o c i a l Welfare Branch has to work s t r i c t l y w i t h i n the C.U.P. Act. But w i t h i n i t s framework she can e x e r c i s e some d i s c r e t i o n and use a l l her i n g e n u i t y * Her p r o f e s s i o n a l performance i n r e -l a t i o n to the persons i n v o l v e d can make a l l the d i f f e r e n c e i n the e f f e c t of the law. The s o e i a l worker's r o l e I s to be the i n t e r p r e t e r of the law t o the i n v o l v e d p a r t i e s * I n a d d i t i o n , she has t o watch t h a t c e r t a i n requirements i n the l e g a l procedure are observed. There are a number of t e c h n i -c a l i t i e s the neglec t of which would e s t a b l i s h cause f o r an appeal t o a higher court* These are the f o l l o w i n g : a) the Superintendent must r e c e i v e a n o t i f i c a t i o n of a complaint being l a i d i n Family Court, b) the l e t t e r of acknowledgement from the Super-intendent must be taken to the court hearing, c) t h a t a photographic copy of the b i r t h r e g i s t r a -t i o n of the c h i l d must be presented i n cou r t , d) t h a t proof must be given that the woman i s a mother i n the meaning of the A c t , e) t h a t the mother's l e g a l name and m a r i t a l s t a t u s have been e s t a b l i s h e d , f ) t h a t j u r i s d i c t i o n i s e s t a b l i s h e d , - 42 -g) t h a t the hearing i s h e l d i n a c l o s e d s e s s i o n , h) t h a t the complaint must be admitted as evidence i n c o u r t , i ) t h a t the date f o r g i v i n g judgement must be set by the judge when he has reserved judgement* The foregoing i s the s i t u a t i o n as d i r e c t l y concerns the Act* In r e l a t i o n to a d m i n i s t r a t i o n , the s o c i a l worker does not have many s p e c i a l r e s p o n s i b i l i t i e s * She has to be sure t h a t she r e c e i v e s the a u t h o r i t y from the Superintendent to represent him i n c o u r t . As a r u l e the f a t h e r makes the monthly or weekly payments d i r e c t l y t o the Superintendent, Only o c c a s i o n a l l y does the s o c i a l worker accept money i n her o f f i c e . When she does so, advantage can be taken of the occasion as a casework medium. The f a c t t hat i t i s p o s s i b l e t o vary the payment procedure i n d i c a t e s the f l e x i b l e approach of the adminis-t r a t i o n . The a d m i n i s t r a t i o n assigns t o the s o c i a l worker only one type of work; the work w i t h unmarried parents, and t h i s f r e e s her from other r o u t i n e d u t i e s ; e.g., the u s u a l i n t a k e duty. P a r t i e s t o the Casework S i t u a t i o n . There are three persons who must be considered by the caseworker: the c h i l d , the mother, and the f a t h e r . These w i l l be discussed i n t u r n . The C h i l d I t i s the s o c i a l worker's r o l e t o help towards r e a l i z a -t i o n of the best o v e r a l l planning f o r the c h i l d . Of n e c e s s i t y , the planning must be done through the unmarried parents. I n some - 43 -cases, a f i n a n c i a l arrangement i s a l l t h a t i s r e q u i r e d to complete a sound plan f o r the c h i l d and t h i s can u s u a l l y be achieved by the U n i t . I n other cases, where placement of the c h i l d away from i t s mother seems t o be the best p o s s i b l e s o l u t i o n , r e f e r r a l i s made to an ap p r o p r i a t e e h i l d - p l a c i n g agency. The Mother In r e l a t i o n to the unmarried mother, the s o c i a l worker appears i n the l i g h t of a p r o f e s s i o n a l l y t r a i n e d worker. She needs her p r o f e s s i o n a l s k i l l t o do e f f e c t i v e work w i t h the mother. The s o c i a l worker i s aware of the f a c t that i l l e g i t i -mate pregnancy i n the Canadian c u l t u r e most o f t e n i n d i c a t e s a p e r s o n a l i t y problem. Mothers w i t h deep p e r s o n a l i t y problems are u s u a l l y r e f e r r e d to another agency. I n case a mother does not accept a r e f e r r a l and wants only court a c t i o n t o be taken, nothing e l s e , then she i s helped w i t h her l e g a l procedures. Her f i n a n c i a l problems around h o s p i t a l expenses and the c h i l d ' s need f o r maintenance are the t a n g i b l e areas where she most e a s i l y can accept help. O c c a s i o n a l l y the s o c i a l worker has t o g i v e help t o a mother i n working out her emotional problems w i t h her own parents. Release of h o s t i l i t y , of g u i l t f e e l i n g s and f e a r may be used as casework t o o l s . G r a d u a l l y , the mother may accept help i n working out her p s y c h o l o g i c a l problems aroumd pregnancy and d e l i v e r y . The s o c i a l worker's aim i s to make the contact an experience towards growth f o r the mother. Sometimes the mother has to be helped to see r e a l i t y i n her - 44 -planning f o r the c h i l d and h e r s e l f . That means r e a l i t y i n the amount of maintenance which she can expect from the f a t h e r and r e a l i t y i n p o s s i b l e l i v i n g c o n d i t i o n s f o r h e r s e l f and the c h i l d . There i s room sometimes f o r an i n t e r p r e t a t i o n of the f a t h e r ' s d i f f i c u l t f i n a n c i a l p o s i t i o n to the mother. The gather The g o a l of every contact of the s o c i a l worker w i t h the p u t a t i v e f a t h e r , as w e l l as with the mother, i s to make the contact a c o n s t r u c t i v e experience f o r them* She reaches out to him j u s t as w e l l as she accepts the mother. The worker u s u a l l y i s i n a d i f f e r e n t p o s i t i o n i n r e l a t i o n t o the mother and the f a t h e r , because the m a j o r i t y of women come v o l u n t a r i l y . Except i n some r a r e i n s t a n c e s , the p u t a t i v e f a t h e r s do not want h e l p . Not a l l of the men are w i l l i n g to co-operate. The s o c i a l worker o f f e r s h e l p . Some men do not know what k i n d of help a s o c i a l agency can g i v e . They a s s o c i a t e a P u b l i c Welfare Agency only w i t h f i n a n c i a l h e l p . Therefore, i t i s doubly important f o r the s o c i a l worker to demonstrate i n t e r e s t i n the man as an i n d i v i d u a l , w i t h a warm, accepting a t t i t u d e . Much has to be done i n one i n t e r v i e w . As shown by the preceding " i n c i d e n c e " measurements, the m a j o r i t y of puta-t i v e f a t h e r s have a b r i e f contact w i t h the agency; i . e . , not more than one f a c e - t o - f a c e i n t e r v i e w . To help a man t o p l a n f o r s i x t e e n years ahead i n one i n t e r v i e w sounds almost i m p o s s i b l e . Therefore, i t i s important t h a t he f e e l s he can come back to the u n i t at any time, be i t f o r d i s c u s s i o n of a problem i n - 45 -r e l a t i o n w i t h maintenance payments o r , be i t f o r d i s c u s s i o n of a personal problem. The main purpose of a l l work with the p u t a t i v e f a t h e r s i s to gain h i s co-operation i n planning f o r the c h i l d . This co-operation may take any of the forms described before; i . e . , admission of p a t e r n i t y , g i v i n g background i n f o r m a t i o n f o r adoption, s i g n i n g an agreement to make payments. I t i s the s o c i a l worker's r o l e to enable the f a t h e r to assume h i s r e s p o n s i b i l i t y f o r the c h i l d . A c t u a l l y the s o c i a l worker i s i n an a u t h o r i t a t i v e r o l e , but does not work a u t h o r i t a t i v e l y , and t h i s i s demonstrated i n the tone of l e t t e r s which the u n i t sends out t o p u t a t i v e f a t h e r s who have not been known to them before. A t y p i c a l t e x t i s as f o l l o w s : Dear Mr. X: As there i s a matter of personal importance t h a t we would l i k e t o d i s c u s s w i t h you, we wonder i f you could be so k i n d as t o contact us by telephone a t the above number a t your e a r l i e s t convenience. Your co-operation i n t h i s matter i s very much app r e c i a t e d . Yours t r u l y ( s i gnature) When the p u t a t i v e f a t h e r comes to her o f f i c e , the s o c i a l worker t e l l s him what the request i n the l e t t e r means. He has been named as the f a t h e r of an i l l e g i t i m a t e c h i l d . The s o c i a l worker has t o warn him t h a t anything he says may be used - 46 -as evidence i n the event of court a c t i o n . I n s p i t e of the warning, many of the p u t a t i v e f a t h e r s are w i l l i n g to d i s c u s s the matter f u r t h e r with the s o c i a l worker. The p u t a t i v e f a t h e r experiences t h a t the s o c i a l worker i s i n t e r e s t e d i n him as a person and not only i n him as a named p u t a t i v e f a t h e r . A s i g n of h i s f u l l acceptance as a c l i e n t i n h i s own r i g h t i s g i v e n t o him by the s o c i a l worker's f u l l i n t e r p r e t a t i o n of the C.U.P', Act to him,. Not on l y does the s o c i a l worker i n t e r p r e t the law but s t r e s s e s the s e c t i o n s which are favourable f o r him, and she a l s o i n t e r p r e t s the p o l i c y of the u n i t arid the Superintend-ent i n handling the law. I n the i n t e r p r e t a t i o n of the C.U.P. Act, the s o c i a l worker mentions that t h i s i s a B r i t i s h Columbia Act which cannot be enforced outside of the province. But, i f a court order has been made and a man leaves the province, the sum of money t o be paid would accrue and be payable on h i s r e -t u r n and, going t o g a o l , i n s t e a d of meeting a cou r t order would mean he "had a r e c o r d " . In a d d i t i o n to g i v i n g l e g a l and a d m i n i s t r a t i v e i n t e r -p r e t a t i o n , the s o c i a l worker uses a l l her casework s k i l l s i n encouraging the f a t h e r to speak f r e e l y about h i s r e a c t i o n to being named as a p u t a t i v e f a t h e r of an i l l e g i t i m a t e c h i l d . As much as p o s s i b l e i n one i n t e r v i e w , the s o c i a l worker t r i e s t o hel p him to accept h i s p o s i t i o n . His apprehension i s r e a l i z e d as n a t u r a l . I n some instances he may be w e l l prepared by the mother f o r t h i s step; i n others, he may have r e a l doubts about h i s fatherhood. I n other i n s t a n c e s , he may not be convinced - 4 7 -t h a t he i s the f a t h e r but wants to " s i g n anything", i f i t w i l l keep the f a c t s e c r e t . The f i r s t i n t e r v i e w leaves the man w i t h no doubts about h i s unusual p o s i t i o n , namely t h a t he has few r i g h t s but r a t h e r o b l i g a t i o n s . The s o c i a l worker o f f e r s to d i s c u s s with the f a t h e r , i n d e t a i l , what consequences each step on h i s pa r t w i l l have. For example, the simple admission of p a t e r n i t y may be used as evidence i n the event of court a c t i o n . In c e r t a i n s i t u a t i o n s the s o c i a l worker suggests to the f a t h e r t h a t he go home and t h i n k over h i s proposed steps before t a k i n g them. The t e x t o f a p a t e r n i t y admission i s as f o l l o w s : I , . . . . . . , do hereby admit t h a t I am the f a t h e r of the male - female - c h i l d , born to Miss (orK'Mrs. . . ( n ? m f 1 . . . . . on . . l < & * e l . . , 19 . . . . Dated a t Vancouver, .... 19 (signature) In case the man has doubts about h i s fatherhood, the s o c i a l worker may suggest th a t the a l l e g e d f a t h e r ask a lawyer f o r advice. The s o c i a l worker i s s t r o n g l y convinced t h a t she should not press the f a t h e r i n any way when he has doubt about h i s p a t e r n i t y . (See statement of agency p o l i c y i n Chapter 1.) I n such cases, i t i s much b e t t e r f o r the court t o f i n d the answer to the question about p a t e r n i t y than to push the f a t h e r i n t o an unthoughtful a c t i o n . In case the a l l e g e d f a t h e r i s married, i t i s the p r a c t i c e t h a t the s o c i a l worker discusses with him the question of whether .— 4.8 * h i s w i f e knows about the former r e l a t i o n s h i p and the b i r t h of the c h i l d or not. I f she does not know, the s o c i a l worker suggests that he consider d i s c u s s i n g i t w i t h h i s w i f e * e s p e c i a l -l y i f the f a m i l y budget i s to be a f f e c t e d . In t h i s way, the w i f e i s a p a r t i c i p a n t i n the planning f o r the c h i l d . Sometimes a man wants t o take the c h i l d home and r a i s e i t h i m s e l f . I n very r a r e occasions, t h i s i s a s u i t a b l e p l a n . More o f t e n the p u t a t i v e f a t h e r has t o be helped to see r e a l i t y i n the planning f o r the c h i l d . He may have a great p s y c h o l o g i c a l need to be a f a t h e r and then be f r u s t r a t e d when he cannot take the c h i l d i n t o h i s own care. In such i n s t a n c e s , i t i s the r o l e of the s o c i a l worker to h e l p him towards sound planning. I d e a l l y , a s o c i a l worker's r o l e should be t o help the man w i t h h i s p s y c h o l o g i c a l need f o r fatherhood. But, i n r e a l i t y , i t i s not p o s s i b l e f o r the s o c i a l worker i n the u n i t , w i t h a caseload average of 170 a c t i v e cases, t o do i n t e n s i v e casework treatment. The records do not .show i n t e n s i v e treatment of the k i n d such as the Family S e r v i c e Agency i s a b l e to g i v e . A l l i n t e r v i e w s w i t h p u t a t i v e f a t h e r s are, i n the f i n a l meaning, centered around meeting of f i n a n c i a l o b l i g a t i o n . A few records show how work around maintenance payments i s used i n a c o n s t r u c t -i v e way to help the p u t a t i v e f a t h e r w i t h a s p e c i f i c problem other than payment. A c t u a l l y , much more has been done than i s recorded i n the records. V e r b a l i n f o r m a t i o n given by one of the former 1) - ' ••' " " s o c i a l workers of the u n i t , i n a d d i t i o n to the a v a i l a b l e recorded The former s o c i a l worker i s Miss S.E* Kidd. - 49 -i n f o r m a t i o n , g i v e s a f u l l e r p i c t u r e of the kind of work done i n the u n i t . U n f o r t u n a t e l y , i n our survey, we had to r e l y mostly on the more b r i e f l y recorded m a t e r i a l . . I n some i n s t a n c e s , the worker's r o l e i s to get back-ground i n f o r m a t i o n from the p u t a t i v e f a t h e r f o r the adoption of h i s c h i l d . As a r u l e that means one i n t e r v i e w only.- I t heeds great s k i l l on the part of the worker to evaluate the weight of the i n f o r m a t i o n which the f a t h e r has g i v e n . There i s the r a r e i n s t a n c e , when a man i s not w i l l i n g to admit p a t e r n i t y but w i l l i n g to g i v e background i n f o r m a t i o n . The k i n d o f i n f o r m a t i o n which i s r e q u i r e d i s as f o l l o w s : Name: Childhood: Address: Health: B i r t h d a t e : Education: B i r t h p l a c e : Occupation: R a c i a l o r i g i n : M a r i t a l s t a t u s : Residence: I n t e r e s t s and t a l e n t s : R e l i g i o n : Family: D e s c r i p t i o n o f p e r s o n a l i t y : I f the a l l e g e d f a t h e r has admitted p a t e r n i t y and i s w i l l i n g t o s i g n an agreement f o r monthly payments toward the maintenance of the c h i l d , then i t i s the worker's r o l e t o assess h i s f i n a n c i a l c a p a b i l i t y . The worker i s a co-o r d i n a t o r between the mother's request f o r money and the f a t h e r ' s w i l l i n g n e s s and a b i l i t y to meet t h i s request. Some-times the mother's request i s u n r e a l i s t i c i n the l i g h t of the f a t h e r ' s circumstances. I n such an i n s t a n c e , the s o c i a l worker does not take an agreement; i n s t e a d , she suggests to the f a t h e r that he l e t the mother go ahead wi t h c o u r t a c t i o n and t he court w i l l then make a d e c i s i o n as to how much i s to - 50 -be p a i d . In such a ease, both p a r t i e s would have an o p p o r t u n i -t y to present to the court evidence as to t h e i r f i n a n c i a l c i r -cumstances, and the f i n a l d e c i s i o n r e s t s w i t h the c o u r t . This kind of s i t u a t i o n sometimes a r i s e s when the mother has a very p u n i t i v e a t t i t u d e towards the f a t h e r . When the f i n a n c i a l circumstances of a p u t a t i v e f a t h e r are adversely a f f e c t e d and i t becomes more d i f f i c u l t f o r him to meet h i s accepted f i n a n c i a l r e s p o n s i b i l i t y , then the s o c i a l worker may remind him t h a t he i s at l i b e r t y to apply t o the c o u r t , making a request f o r a v a r i a t i o n of the o r i g i n a l order. Or she may take i n t o c o n s i d e r a t i o n the f a t h e r ' s f i n a n c i a l circum-stances and suggest that he make a lump-sum settlement. A lump-sum settlement i s n e a r l y always lower than the c a p i t a l i z e d montly or weekly payments to be made u n t i l the c h i l d ' s s i x t e e n t h b i r t h d a y . I n the n e g o t i a t i o n s f o r such a settlement between mother, f a t h e r and superintendent, i t i s most apparent as to how f a r the s o c i a l worker has taken on the r o l e of intermediary, keeping i n mind the best p o s s i b l e f o r both s i d e s . I n d i s c u s s i o n and h e l p surrounding personal problems, the s o c i a l worker, i n the present s e t t i n g $ has t o accept both l i m i t a t i o n s of time and ( i f a p p l i c a b l e ) s k i l l . As soon as she begins to r e a l i z e t h a t she cannot cope with the p e r s o n a l i t y problem f o r any of the above reasons, i t i s her r o l e to become a bridge i n a r e f e r r a l f o r the p u t a t i v e f a t h e r t o another agency. An accepted r e f e r r a l by the c l i e n t i s a good piece of s u c c e s s f u l s o c i a l work. One of the great dangers i n working w i t h unmarried - 51 -parents is the temptation to "take sides" as between father and mother, the role of the social worker in work with un-married parents may be defined as that of a person who has, primarily but indirectly, to plan for the child and* secondly, to work with father and mother on an equal level. This role may well be compared with that of a marriage counsellor. The worker stands in between. She is the bridge between requests and resources, often between the need for punishment and re-bellion against i t . As in marriage counselling, the worker has to be aware of her tendency to identify either with tho mother or the father. The danger of over-identifleation is especially great when only one party - either the father or the mother - lives" in Vancouver. The best written information from the other participating agency cannot compensate the re-sult of having met with both the persons concerned. This "personal factor" is something which is hard to put effectively into words in records. In other words, a social worker who works with unmarried parents needs a high degree of self-aw&reaess. She should have worked out her own ideas and feelings about un-married parenthood in order to be able to help her clients. Feeling with - not feeling like - is extremely important. Tolerance and a very wide understanding of human behaviour are other necessary prerequisites for her. Sh© should not bo sur-prised at anything that is said* or at least she should not show i t i f she is surprised. - 52 -EXAMPLE A A P u t a t i v e Father i s W i l l i n g to Co-operate. Mr. Z and Miss Y, both s i n g l e and i n t h e i r e a r l y twenties, met i n a small town where t h e i r f r i e n d s h i p con-t i n u e d over a period of s e v e r a l months. . They planned t o marry a f t e r Miss Y's r e t u r n from a v i s i t i n another town. In t e r c o u r s e took place only once, the evening before her departure. When she discovered her pregnancy, she wrote to Mr. Z and t o l d him about i t . His answer was tha t he was i n love w i t h somebody e l s e . When she went t o v i s i t him, he had moved. I n the meantime, he was engaged to another woman and at the p o i n t of g e t t i n g married. Miss Y gave b i r t h to a c h i l d i n another small town. When she, through her l o c a l agency, requested the u n i t to i n t e r v i e w Mr. Z, he was not aware of the b i r t h of the c h i l d . The s o c i a l worker i n the u n i t had t o ask Mr. Z f o r admission of p a t e r n i t y , background i n f o r m a t i o n f o r adoption purposes, the mother's confinement expenses, and maintenance f o r the baby p r i o r to adoption, Mr. Z agreed to every one of these requests. He expressed no doubts about h i s p a t e r n i t y , was f r e e i n g i v i n g background i n f o r m a t i o n , and w i l l i n g t o pay the h o s p i t a l b i l l as w e l l as the maintenance f o r the baby. The only d i f f i c u l t y was t h a t , because of h i s f i n a n c i a l p o s i t i o n , he had t o make h i s payments i n i n s t a l l m e n t s . That the s o c i a l worker was able to arrange t h i s i s evidence that she took the pu t a t i v e f a t h e r ' s s i t u a t i o n i n t o c o n s i d e r a t i o n . Mr. z paid - 53 -r e g u l a r l y , continued w i t h h i s marriage p l a n s , and the c h i l d was e v e n t u a l l y adopted. The s o c i a l worker i n her "background i n f o r m a t i o n " described Mr, Z as a man who accepted h i s r e s p o n s i b i l i t y g r a c i o u s l y and who wanted t o do the r i g h t t h i n g f o r mother and c h i l d . I n h i s q u i e t , mannerly way of behaviour, he expressed, e s p e c i a l l y f o r the c h i l d , wishes f o r happiness, The mother was described by her s o c i a l worker as a " s t r a i g h t -forward" g i r l who planned adequately f o r h e r s e l f and her c h i l d , " EXAMPLE B  Sig n i n g a Three-Party-Agreement R e f e r r a l of Miss X to the Unit was made by a p u b l i c agency as p a r t of the e l i g i b i l i t y requirements f o r g r a n t i n g of s o c i a l allowance. Miss X had a p p l i e d f o r s o c i a l allowance i n connection w i t h the b i r t h of her c h i l d which was i n her care. Mr. W, the p u t a t i v e f a t h e r , was i n h i s l a t e twenties and s i n g l e , as was the mother. F o l l o w i n g the formal w r i t t e n r e f e r r a l , the U n i t s o c i a l worker endeavoured to arrange a s u i t a b l e time f o r an i n t e r v i e w w i t h Miss X* Several appointments were made but were not kept by the mother. (This i s u s u a l l y the t r u e s i g n of r e l u c t a n c e t o i n s t i t u t e any a c t i o n a g a i n s t the p u t a t i v e f a t h e r * ) I t was not u n t i l f o u r months a f t e r the r e f e r r a l had been made t h a t she f i n a l l y came t o the U n i t . Miss X seemed to have s u f f i c i e n t evidence f o r court a c t i o n , i f t h i s should become necessary. Mr. W. had signed the b i r t h c e r t i f i c a t e of the c h i l d and had - 54 -admitted p a t e r n i t y to Miss X's r e l a t i v e s . At that time she was s t i l l r e l u c t a n t to go ahead w i t h court a c t i o n because she hoped that the f a t h e r would pay v o l u n t a r i l y * Her t i e to him was s t i l l s t r o n g . Although she d i d not want to marry him, she d i d not want t o l o s e contact with him. Miss X saw Mr. W s e v e r a l times during the ensuing two months but found him u n w i l l i n g to make any f i n a n c i a l c o n t r i b u -t i o n . Mr. W. was then i n t e r v i e w e d by the U n i t s o c i a l worker at Miss X's request but refused to commit h i m s e l f to payments. Court a c t i o n was then i n s t i g a t e d a t which time Mr. W. admitted p a t e r n i t y and i n d i c a t e d a w i l l i n g n e s s to s i g n a t h r e e - p a r t y -agreement. The Court hearing was adjourned u n t i l an agreement was worked out, at which time the complaint was withdrawn. Mr. W was under medical treatment at the time of the Court a c t i o n , was i n r e c e i p t of a s m a l l pension, and had only temporary employ-ment. In view of h i s l i m i t e d earning c a p a c i t y and the f a c t t h a t he had some f a m i l y r e s p o n s i b i l i t i e s , the sum of flO.OO per month appeared to be a l l t h a t he could pay. With the consent of the mother and the Superintendent of C h i l d Welfare, the agreement was taken f o r t h i s amount. EXAMPLE C Casework w i t h the P u t a t i v e Father answering a Court Order. Miss V and Mr. U l i v e d i n neighbouring m u n i c i p a l i t i e s , Mr. U was married but separated from h i s w i f e - a d i v o r c e was pending. There were no c h i l d r e n i n Mr. U's marriage, Mr. U and Miss V had a steady r e l a t i o n s h i p with each other. They planned to marry a f t e r Mr. U's d i v o r c e would become f i n a l . - 55 -When Miss V became pregnant by Mr. W, the l a t t e r v o l u n t a r i l y signed an agreement before the b i r t h of the c h i l d , t o pay f o r the maintenance of the c h i l d . At b i r t h , the c h i l d was found to be c r i p p l e d and medical o p i n i o n confirmed t h a t i t would go through l i f e w i t h a severe p h y s i c a l and, p o s s i b l y mental^ handicap and- probably never be able to a t t e n d s c h o o l . Miss V's f a m i l y , w i t h whom she and the c h i l d l i v e d , were f i n a n c i a l l y deprived and could not provide f o r Miss V and her c h i l d . Miss V was i n s i s t e n t t h a t she care f o r the c h i l d h e r s e l f and a p p l i e d f o r p u b l i c a s s i s t -ance i n order to do so. The payments from Mr. U were i r r e g u l a r and u s u a l l y not i n the f u l l amount tha t he had agreed to pay. The U n i t s o c i a l worker was requested to contact Mr, U to t r y to work towards r e g u l a r payments from him, The s o c i a l worker took the p u t a t i v e f a t h e r ' s f i n a n c i a l circumstances i n t o c o n s i d e r a t i o n , and d i d not f o r c e him. The f a t h e r had very low wages and found i t hard to pay the agreed amount monthly. But he t r i e d and even when he v?as unemployed and r e c e i v e d o n l y Unemployment Insurance, he paid some money towards the c h i l d ' s maintenance. This seemed to have been an i n d i c a t i o n of h i s emotional involvement w i t h t h e mother, Mr. U was badly i n need of medical a t t e n t i o n at t h i s time and, a l s o , was g r e a t l y concerned by Miss V's r e f u s a l t o marry him, now t h a t h i s d i v o r c e was f i n a l * - The U n i t s o c i a l worker t r i e d to help Mr. U with h i s f e e l i n g s about h i s d i v o r c e and Miss V's r e f u s a l t o marry, w i t h management offhis l i m i t e d l i m i t e d f i n a n c e s , and i n encouraging him t o o b t a i n the medical - 5 1 -a t t e n t i o n he heeded. Her g o a l was t o help f r e e h i m s e l f from mother, and to grow towards more independence. I n t h i s p r ocess, the p u t a t i v e f a t h e r needed the s o c i a l worker's f u l l support. H i s need f o r s p e c i a l a t t e n t i o n was met by encouraging him to b r i n g the c h i l d ' s maintenance payments to the s o c i a l worker's o f f i c e and to come a t s p e c i a l times i f h i s employment kept him from coming during the worker's r e g u l a r hours. * Whether Mr. U could see the mother's r e j e c t i o n of h i s marriage proposal as an expression of her need f o r s e l f -punishment i s d o u b t f u l . Most l i k e l y i t was r e l a t e d to her strong g u i l t f e e l i n g s about her handicapped c h i l d . Out o f her need t o s u f f e r , she decided to b r i n g up her baby h e r s e l f , a l -though t h i s was not easy i n view o f her l i m i t e d f i n a n c e s : The atte n d i n g p h y s i c i a n had reassured Miss V that she was not r e -spo n s i b l e f o r the c h i l d ' s malformation, but she could not accept t h i s * Therefore, she could not r e l i n q u i s h her need f o r over-p r o t e c t i o n of the c h i l d . Because the U n i t s o c i a l worker kept i n c l o s e contact w i t h the mother's s o c i a l worker, she knew something of her behaviour and was able to work wi t h Mr. U i n hel p i n g him f r e e himself from Miss V. Mr. U continued to take an i n t e r e s t i n the c h i l d and t r i e d to provide some extras f o r i t , but when Miss V began to deny him the p r i v i l e g e of v i s i t i n g the c h i l d , he became upset and exceedingly c r i t i c a l of her. During the pe r i o d when Mr. U was not r e g u l a r l y employed, Miss V i n s i s t e d on Court a c t i o n and a maintenance order was made. Mr. U was upset by the a c t u a l court hearing and by Miss V's subsequent t h r e a t of a c t i o n when he was unable • - 57 -to pay. He g r a d u a l l y grew away from her and, while he maintained an i n t e r e s t i n the c h i l d , he was not as anxious to v i s i t as he . formerly had been. Mr. U e v e n t u a l l y found e x c e l l e n t f u l l - t i m e employment i n another area, was able to meet the a r r e a r s i n maintenance which had accrued and, f o r more than a year, had not only kept up h i s payments but had expressed w i l l i n g n e s s to provide s p e c i a l treatment f o r the c h i l d should t h i s be a d v i s a b l e at any time. One g o a l of casework with Mr. U was achieved, he could p l a n h i s f u t u r e l i f e without Miss V. EXAMPLE D A Lump-Sum Settlement Miss T came from a broken home. She l i v e d w ith her mother and showed many behaviour problems. At seventeen years of age Miss T became i l l e g i t i m a t e l y pregnant. When her c h i l d was born, i t was made a ward of the C h i l d r e n ' s A i d S o c i e t y i n the area where she was l i v i n g . When Mr, S heard of Miss T's pregnancy, he became f r i g h t e n e d and j o i n e d the armed f o r c e s i n an e f f o r t to evade h i s r e s p o n s i b i l i t y . When he was contacted, he was w i l l i n g t o enter i n t o an agreement. He paid r e g u l a r l y f o r three years w h i l e he was i n the s e r v i c e but a f t e r h i s discharge the agency l o s t contact w i t h Mr. S and was unable t o l o c a t e him f o r s e v e r a l years. Seven years l a t e r , he was found and came to the o f f i c e f o r an i n t e r v i e w . In the meantime, he had married. He was i n the process of buying a house, h i s f i n a n c i a l O b l i g a t i o n s were heavy, and h i s w i f e was aware of the i l l e g i t i m a t e c h i l d of her - 58 -husband. The s o c i a l worker suggested t h a t Mr. S d i s c u s s w i t h h i s w i f e how much they b e l i e v e d they could pay towards the maintenance of the c h i l d w i t h i n the l i m i t s of t h e i r budget. He suggested a small sum t h a t he could pay monthly and a new agreement Was signed. . I n an attempt t o make the payments more meaningful f o r Mr, S, the U n i t enquired about the circumstances of the c h i l d and the mother to be able to g i v e the f a t h e r up-to-date i n f o r m a t i o n regarding them. I t was hard f o r the f a t h e r to keep up h i s monthly payments, and n e a r l y one year l a t e r , the Superintendent took the i n i t i a t i v e i n suggesting a lump-sum settlement, which seemed to be the best plan f o r everybody concerned. The matter was discussed w i t h the f a t h e r and h i s w i f e and they o f f e r e d a lump-sum settlement, acceptable t o the Superintendent of C h i l d Welfare. A Two-Party-Agreeraent was signed and the money paid by Mr. S, Mr. S and h i s w i f e worked together i n meeting the new f i n a n c i a l o b l i g a t i o n i n s p i t e of a d d i t i o n a l burdens due t o the b i r t h of t h e i r own c h i l d . The question of payments f o r the f a t h e r was f i n a l l y s e t t l e d when the i l l e g i t i m a t e c h i l d was n e a r l y t h i r t e e n years o l d . The Unit sent a l e t t e r to the f a t h e r thanking him f o r h i s co-operation i n the matter, EXAMPLE E A P u t a t i v e Father w i t h Severe Personal Problems and who Could not Accept a R e f e r r a l to an appropriate Agency f o r Help, Mrs. R was r e f e r r e d from a p u b l i c agency because she - 59 -had a p p l i e d f o r s o c i a l allowance a f t e r the b i r t h of her i l l e g i t i -mate c h i l d . Mrs. R, a g i r l of s i x t e e n years of age, had been l i v i n g i n a common-law r e l a t i o n s h i p with Mr. R, a man of more than twice her age. He was the p u t a t i v e f a t h e r of her c h i l d . Recently, she had l e f t him and had moved back i n t o her parents' house. The s o c i a l worker of the U n i t wrote a l e t t e r to Mrs. R i n v i t i n g her to come i n t o the o f f i c e f o r an i n t e r v i e w . I n r e p l y , she was t o l d that Mr, and Mrs. R planned to get married i n the near f u t u r e . Therefore, no a c t i o n was necessary a t t h a t time. However, a few days l a t e r , Mrs. R telephoned to s t a t e t h a t her planned marriage f e l l through and that she again was request-i n g the s e r v i c e of the U n i t . An appointment was made, but Mrs. R d i d not, keep i t . Two months l a t e r she moved back i n t o Mr* R's place i n c o n t i n u a t i o n of t h e i r commonrlaw r e l a t i o n s h i p . A c t i o n was not requested any more. Two months l a t e r she l e f t Mr. R again because of frequent p h y s i c a l v i o l e n c e both to her and the baby. Mr. R was interviewed i n the U n i t f o l l o w i n g the l a s t s e p a r a t i o n . He was described by the worker as an unwholesome type of man, very nervous and completely s e l f - c e n t e r e d . He was w i l l i n g to admit p a t e r n i t y , but would not s i g n an agree-ment f o r maintenance f o r the c h i l d . While he l i s t e n e d to the s o c i a l worker's i n t e r p r e t a t i o n of t h e law, the a d m i n i s t r a t i o n and h i s r o l e as an unmarried f a t h e r , he d i d not seem to take i t i n . Instead, he was absorbed i n h i s own thoughts. F o l l o w -i n g t h i s i n t e r v i e w , the mother was asked to come to the U n i t . She f a i l e d t o keep s e v e r a l appointments. Both signed a p r i v a t e 60 -agreement f o r the f a t h e r to pay a c e r t a i n amount of money weekly. Their common-law r e l a t i o n s h i p was soon resumed and j u s t as quick-l y broken o f f . This p a t t e r n of behaviour continued. The s o c i a l worker had s e v e r a l i n t e r v i e w s with t h e f a t h e r f o l l o w i n g t h i s . l a s t s e p a r a t i o n . She found him i n c r e a s i n g l y d i f f i c u l t to d e a l w i t h . Although he was w i l l i n g to come t o the o f f i c e , he refused to d i s c u s s anything but h i s side of the s i t u a t i o n . He expressed j e a l o u s y o f h i s wife's dependency on her parents. Kever d i d he say how much.money he earned and never d i d he pay f o r h i s c h i l d . Rather he s a i d he would stop working than pay. The worker questioned h i s s t a b i l i t y and h i s emotional a b i l i t y t o c o n t r i b u t e anything to the home l i f e f o r mother and c h i l d . A f t e r the i n t e r -views, Mr. R used to send l e t t e r s to the U n i t , acknowledging the worker's understanding. He was su s p i c i o u s of h i s . l e t t e r s to the mother of h i s c h i l d being "trapped", and the mother being "trapped" i n another town, f o r he could not see any other reason, xuhy she d i d not come back to him. When the s o c i a l worker suggested a r e f e r r a l to an appropriate agency f o r casework hel p , Mr. R agreed but never gave h i s address and therefore the r e f e r r a l could not be completed. Two years l a t e r Mr. R, f o l l o w i n g a s e r i o u s a s s a u l t charge, was committed to g a o l . EXAMPLE F Both S o c i a l Workers I d e n t i f i e d with t h e i r Respective C l i e n t s . This case was r e f e r r e d by a p r i v a t e agency, as Miss 0, a s i n g l e woman i n her e a r l y twenties, was requesting t h a t court a c t i o n be taken a g a i n s t Mr. P whom she had named as the f a t h e r - 61 -of her i l l e g i t i m a t e c h i l d . Mr. P was s i n g l e when he met Miss 0, but married before the c h i l d was born. J u s t before court a c t i o n was to be taken, Mr. P had gone to another d i s t r i c t to work. I t was h i s wife who came, to the o f f i c e i n r e p l y t o the U n i t s o c i a l worker*s l e t t e r . The wife s t a t e d d e f i n i t e l y t h a t Mr. P would deny p a t e r n i t y ; but, i n case the court should f i n d him to be the f a t h e r of the c h i l d , they wanted t o adopt i t . Mr. P b e l i e v e d , h i s wife went on, t h a t Miss 0 wanted court a c t i o n only f o r revenge. When the summons was served, the f a t h e r was g i v e n one month's time before the hearing was set i n order t h a t he might have a chance to o b t a i n l e g a l a d v i c e . He went to a lawyer who advised him to admit p a t e r n i t y and to consent to a court order, as the mother had a good case* Mr* P's r e a c t i o n was to go to another lawyer. An a f f i l i a t i o n order was made f o r weekly maintenance payments. There was a p o s s i b i l i t y f o r appeal f o r Mr. P on the grounds of a t e c h n i c a l i t y ; ( i t had not been proved during the court hearing t h a t Miss 0 was a mother w i t h i n the meaning of the C.U.P. A c t ) . Neither he nor h i s lawyer appealed the case. Mr. P's r e a c t i o n was to t e l l M iss 0's brother of the exis t e n c e of the c h i l d about which he was unaware. Mr. P was determined to evade h i s r e s p o n s i b i l i t y f o r payments and h i s aggressive wife supported him i n h i s e f f o r t . I n three months a f t e r the he a r i n g , Mr. P made only two payments under the order. When Mr. P was interviewed by the s o c i a l worker i n whose area he was then l i v i n g , he used to e x p l a i n - 62 -h i s r e l u c t a n c e to pay w i t h the statement t h a t he "had been framed", Why he had not made use of h i s r i g h t of appeal, he could not e x p l a i n . Soon afterwards, he o f f e r e d a lump-sum settlement but could not meet the mother's demand f o r a large, amount of money. The s o c i a l worker of the Unit thought that i t would be agreeable when the mother of the c h i l d would i n i t i a t e a "Shew Cause" hearing i n the c o u r t . The s o c i a l worker i n the new d i s t r i c t t r i e d to i n t e r e s t Mr, P. i n the c h i l d f o r whom he was paying and, i n t h i s regard, requested from the U n i t , some i n -formation about the progress of the c h i l d . The d i s t r i c t s o c i a l worker hoped that t h i s would make Mr. P's monetary c o n t r i b u t i o n s more meaningful, adding i n her l e t t e r t h a t too o f t e n p u t a t i v e f a t h e r s are expected to pay i n a c o n s i s t e n t , r e s p o n s i b l e way when t h e i r b a s i c p e r s o n a l i t y equipment i s such t h a t they cannot be expected to do so. The s o c i a l worker's suggestion was t o re-assess the c u r r e n t p r o v i s i o n s f o r the c h i l d , the mother's plan and Income, the f a t h e r ' s l e g a l marriage, and the a f f e c t which enforced payments could have on h i s marriage. The U n i t s o c i a l worker r e p l i e d t h a t she appreciated the f a t h e r ' s d i f f i c u l t y , but pointed out t h a t Mr, P had b e t t e r than average wages and that he had o n l y been asked to pay l e s s than one d o l l a r a day. She described the mother's f i n a n c i a l d i f f i c u l t y and ended by suggesting an a u t h o r i t a t i v e approach. Miss 0 requested a shew cause summons to be i s s u e d . A few days before the date set f o r the court h e a r i n g , Mr, P paid up a l l a r r e a r s . The hearing was adjourned. Four months l a t e r , - 63 * the c h i l d was placed i n a f r e e adoption home. When Mr. P heard about the adoption placement, he pa i d up the new a r r e a r s immediate-l y , and i n f u l l , . EXAMPLE G Several S o c i a l Agencies are i n v o l v e d . Mr. M and h i s w i f e and c h i l d r e n l i v e d i n the same town as Miss N and her parents. The f a m i l i e s were f r i e n d l y u n t i l Mr. M and M i s s N became emotionally i n v o l v e d and Miss N was expect-ing a c h i l d . Mr. M and Miss N went to a p r i v a t e agency where Mr. M v o l u n t a r i l y signed a maintenance agreement f o r him t o pay f a r more per month than h i s f a m i l y budget could a l l o w . He r e c e i v e d only average wages and had the f i n a n c i a l r e s p o n s i b i l i t y f o r h i s w i f e and three c h i l d r e n - two of h i s own and a s i c k c h i l d from h i s w i f e ' s f i r s t marriage. When Mr. M, as was i n e v i t a b l e , f e l l behind i n h i s pay-ments, Miss N requested the court to make an a f f i l i a t i o n order. This was done, and the amount payable weekly was set a t l e s s than t h a t set out i n the agreement; but even t h i s was too much f o r Mr. M, i n h i s d i f f i c u l t f i n a n c i a l circumstances, to pay. The c h i l d was cared f o r i n the home of Miss N's parents w h i l e she went out to work. Mr. M accepted s e r v i c e from a p r i v a t e agency, from which he r e c e i v e d considerable casework help not only w i t h h i s problem of unmarried fatherhood, but w i t h f a m i l y matters as w e l l . I n a-nother court h e a r i n g , the a f f i l i a t i o n order was v a r i e d to l e s s than before but which was s t i l l too much f o r Mr, M to pay. Miss N's p u n i t i v e a t t i t u d e f o r c e d the matter as f a r as a Shew Cause - 64 -summons, w i t h r e a l t h r e a t s f o r commitment to g a o l f o r one . month's a r r e a r s . I n the meantime, both p a r t i e s had moved to an area where Mr. M's wife could use the U n i t f o r h e l p . She s t a t e d that they were w i l l i n g to pay f o r Mr. M's i l l e g i t i m a t e c h i l d , but could h a r d l y do so because of t h e i r own heavy debts and the i l l n e s s of the e l d e s t c h i l d , which needed s p e c i a l care a t home. Mrs. M r e a l i z e d t h a t her husband had not used good judgement when he had agreed to pay so much, monthly, towards the main-tenance of Miss N's c h i l d * I n t h i s i n s t a n c e , where s e v e r a l s o c i a l agencies were i n v o l v e d , the p r i v a t e agency noted the d i f f i c u l t i e s i n work w i t h p u t a t i v e f a t h e r s . Often h i s own problems, and the a f f e c t s on him / o f plans made f o r the c h i l d , were not f u l l y explored* The i d e a l would be that the s o c i a l worker, who plans w i t h the mother, should have d i r e c t contact with the f a t h e r . Plans f o r the c h i l d w i l l be e f f e c t i v e o n l y when the f a t h e r ' s a t t i t u d e s and r e s p o n s i -b i l i t i e s are taken i n t o c o n s i d e r a t i o n . This p o i n t s up the r e a l -i z a t i o n t h a t the p u t a t i v e f a t h e r i s as much i n need of casework help as i s the unmarried mother. CHAPTER 4 THE SOCIAL WELFARE APPROACH: p o s s i b i l i t i e s and l i m i t a t i o n s The Children of Unmarried Parents Act provides the l e g a l basis f o r s o c i a l work with parents of i l l e g i t i m a t e children. Theoretically, the Superintendent of Child Welfare should act on behalf of a l l i l l e g i t i m a t e children born i n the Province of B r i t i s h Columbia. There are two reasons why t h i s i s not so i n pra c t i c e . One i s that the Act does not define who i s an i l l e g i t i m a t e c h i l d . The other d i f f i c u l t y i s that the Superintendent has no statutory means to reach a l l mothers of i l l e g i t i m a t e children i n the province^ much l e s s the putative fathers. This d i f f i c u l t y was discussed In one of the Annual Reports of the Superintendent of Child Welfare (1944-45). I t i s stated that, i n that year, 825 i l l e g i t i m a t e b i r t h s were registered, but only 573 new cases were known to the Superintend-ent's o f f i c e during the same period of time. There i s no p o s s i b i l i t y of following up what happens to a l l the i l l e g i t i m a t e The Annual Report of the S o c i a l Welfare Branch of The Department of Health and Welfare, V i c t o r i a , B.C., 1945, page 21. children i n the province. This fact i s fu r t h e r discussed i n the Annual Report of 1947. The Superintendent describes what was known and unknown about placements of I l l e g i t i m a t e c h i l d -ren i n that year and gives the following t a b u l a t i o n : ^ w I n agency care .......... 15* Placed f o r adoption.,..,, 105* With mother or r e l a t i v e . . 2 3 2 * Wards under Protection of Children Act...,..,,.. 3 5 , Unknown 230, Total 617 " Thus the d i s p o s i t i o n of more than one-third of a l l i l l e g i t i m a t e c h i l d r e n i s unknown. The tendency has been to leave i t up to the mother or the agency* i n whose care the c h i l d was placed, whether or not to apply f o r help from the Superintendent. This f a c t should be borne i n mind when services to putative fathers are. discussed. The putative fathers who come to the attention of a s o c i a l agency are only a part of a l l putative fathers In the province, Moreover, out of the number known to agencies i n B r i t i s h Columbia, only a c e r t a i n percentage i s known to the Unit. In a l l instances where the Children's Aid Societies i n Vancouver have a c t i v e con-tact with an unmarried mother and can work out a solut i o n i n planning f o r the c h i l d $placement f o r adoption, signing of an agreement), the putative fathers do not come to the attention of the Unit. 1^The Annual Report of the Soc i a l Welfare Branch of The Department of Health and Welfare, V i c t o r i a , B.C.* 1947, page 2 6 . - 6 7 , -Not a l l of the r e f e r r a l s f o r contact w i t h a p u t a t i v e f a t h e r are a c t u a l l y s u c c e s s f u l . Sometimes a contact cannot be made because h i s address has been changed, or he i s not known a t the g i v e n address. A r e a l d i f f i c u l t y e x i s t s where the pu-t a t i v e f a t h e r i s one of the " d r i f t e r " — men who are i n and out of the c i t y and i n and out of jobs. Frequently, there i s no way of f i n d i n g out whether they are r e a l l y the f a t h e r s o r not. Because there i s no compulsory r e g i s t r a t i o n system i n Canada, i t i s hard and o f t e n i m p o s s i b l e to f i n d p u t a t i v e f a t h e r s . This f a c t accounts f o r the number of cases which d i d not l e a d t o any a c t i v i t y i n the U n i t , already r e f e r r e d to i n Chapter 2 ("No personal .contact 1 1 cases, Table 2.) The U n i t uses the C i t y D i r e c t o r y , the telephone book and other P u b l i c S e r v i c e s f o r reference i n searching f o r addresses. Another resource i s a d v e r t i s i n g i n the l o e a l newspapers. While t h i s l a t t e r i s not always e f f e c t i v e , i t i s one more resource t h a t should be ex-hausted before s t a t i n g t h a t the U n i t i s unable to l o c a t e the p u t a t i v e f a t h e r . The s o c i a l worker used to go to the house at a g i v e n address i n an attempt to f i n d the p u t a t i v e f a t h e r . This p r a c t i c e d i d not have much r e s u l t . The expended time and e f f o r t was out of p r o p o r t i o n t o the r e s u l t s obtained and the p r a c t i c e was t h e r e f o r e d i s c o n t i n u e d . This r a i s e s the question as t o how f a r should a s o c i a l agency go i n the e f f o r t s to f i n d a p u t a t i v e f a t h e r ? The best p o s s i b l e e f f o r t s should be made to do so f o r two reasons: one, because every C h i l d deserves to have knowledge of h i s f a t h e r ; and the second i s to ensure the c h i l d ' s mainten-ance. - 68 -Since the p r a c t i c e of adoption of i l l e g i t i m a t e c h i l d r e n i s i n c r e a s i n g so much i n t h i s country, the d e s i r a b i l i t y and need f o r background i n f o r m a t i o n from the p u t a t i v e f a t h e r i s assuming more importance than that of maintenance. Every c h i l d has the r i g h t to know the p o s i t i v e f a c t s about I t s n a t u r a l parents; and good adoption p r a c t i c e recognizes t h i s . Adoptive parents are encouraged to t e l l the c h i l d of i t s adoption and to g i v e i t a f e e l i n g of p r i d e i n i t s n a t u r a l as w e l l as adoptive h e r i t a g e * L e g a l Aspects. On the other hand, there seems to be a danger i n d e c l a r -i n g a man to be the f a t h e r of a c h i l d on the evidence as used i n the courts a t the present time* From the w r i t e r ' s experience^ i t can be s a i d that o f t e n a mother, i n good f a i t h , w i l l d e c l a r e a man to be the f a t h e r of her c h i l d ; however, i f she has been promiscuous, she cannot even dream of a l l the t r i c k s which nature may have played on her. i n s i t u a t i o n s where a married woman l i v e s away from her husband, i t may be a very complicated matter to determine who i s the f a t h e r of the c h i l d . I t may happen, as i n one of the analysed cases, that the judge d e c l a r e s conception to have taken place at a c e r t a i n date; yet* one week l a t e r , he has had to d i s m i s s h i s own case on grounds of the p h y s i c i a n ' s c e r t i f i c a t e ! There i s room t h e r e f o r e f o r a p u t a t i v e f a t h e r having doubts about h i s p a t e r n i t y , and i t i s good p r a c t i c e f o r the U n i t not to press any f a t h e r , who has doubts about h i s f a t h e r -#The w r i t e r has knowledge of an i n s t a n c e , where twins born oh the same day had been conceived from two d i f f e r e n t men, according to the medical f i n d i n g . - 69 -hood, i n t o any v o l u n t a r y a c t i o n . The d e c i s i o n i s then l e f t up t o the Court. I f a p u t a t i v e f a t h e r denies p a t e r n i t y but i s v t i l l i n g to give background i n f o r m a t i o n , the U n i t takes the l a t t e r f o r what i t i s worth, without admitted p a t e r n i t y . I t needs the g r e a t e s t s k i l l of a s o c i a l worker to assess, i n one i n t e r v i e w , whether a f a t h e r denies p a t e r n i t y out of c o n v i c t i o n , or only to "save f a c e " , or to repudiate r e s p o n s i b i l i t y . The atmosphere of complete acceptance g i v e n by the s o c i a l worker can do much to f r e e the f a t h e r to t e l l h i s side of the s t o r y . I n a p o s i t i v e casework r e l a t i o n s h i p between s o c i a l worker and p u t a t i v e f a t h e r , he soon w i l l f e e l comfortable enough to say what h i s r e l a t i o n -s h i p w i t h the c h i l d ' s mother r e a l l y was. One f a c t seems to need c o n s i d e r a t i o n : t h i s i s t h a t the Act does not provide f o r the p o s s i b i l i t y that a mother genuinely may not know who the f a t h e r of her c h i l d i s . The e l i g i b i l i t y requirement of the C i t y S o c i a l S e r v i c e Department a l s o does not appear to take t h i s aspect of the s i t u a t i o n i n t o c o n s i d e r a t i o n . The r e f e r r a l procedure i s made on the assumption that every woman who a p p l i e s f o r S o c i a l A s s i s t a n c e and i s a mother i n the meaning of the C.U.P. Act: ( a ) , knows the f a t h e r of her c h i l d , and ( b ) , wants a c t i o n to be taken. A study of CSSD r e -f e r r a l s showed that these two assumptions are not v a l i d ; e*.g-,, Example B, which shows r e l u c t a n c e on the mother's part f o r a c t i o n to be taken. On the other hand, i t seems to be good p r a c t i c e to have mothers int e r v i e w e d by the u n i t s o c i a l worker i n such i n -stances where court a c t i o n might be a p o s s i b i l i t y . I t i s e a s i e r - 70 -f o r the Un i t s o c i a l worker, because of her experience w i t h the co u r t , to assess whether the mother has a good court case or not. I t should be p o s s i b l e t o work out a s a t i s f a c t o r y and well-balanced r e f e r r a l procedure between the two agencies. I t i s understood t h a t , a t present, the CSSD i s i n the process of r e v i s i n g t h e i r r e f e r r a l p r o c e d u r e . 1 ^ make i t more f l e x i b l e . A d m i n i s t r a t i v e Aspects: In r e l a t i o n to the a d m i n i s t r a t i o n of the C.U.P. Act i n the U n i t , one may question the v a l i d i t y of c a r r y i n g through the r u l e to set up f i l e s i n the " f a m i l y ' s name", which means the mother's name. The work under the C.U.P. Act i s intended t o be c h i l d - c e n t e r e d . There may be reason t o c a r r y through t h i s r u l e f o r the sake of u n i f o r m i t y w i t h other S o c i a l Welfare Branches, where there i s no s p e c i a l C.U.P. U n i t . How-ever, the p s y c h o l o g i c a l connotation of t h i s p r a c t i c e , a l r e a d y mentioned i n Chapter 2, should not be under-estimated. Another question i s whether or not the Unit ought to develop r e g u l a r s t a t i s t i c s showing the number of Court Orders made, Agreements and Lump-Sum Settlements signed i n a given time. I t i s understood t h a t the i n f o r m a t i o n i s a v a i l a b l e i n the Super-intendent's o f f i c e i n V i c t o r i a only as t o t a l s f o r the whole P r o v i n c e , For the study of a c t i v i t i e s w i t h p u t a t i v e f a t h e r s , and the p o s s i b i l i t y of g i v i n g them s e r v i c e around assuming t h e i r r e s p o n s i b i l i t y f o r t he c h i l d , i t might have been h e l p f u l to have had t h i s i n f o r m a t i o n i n the Unit o f f i c e d i r e c t l y . For st u d i e s of the amount of money being paid by p u t a t i v e f a t h e r s i n a given V e r b a l i n f o r m a t i o n from S o c i a l Welfare Braneh, Vancouver. - 71 -ease i t would be e a s i e r , i f the monthly p a y l i s t from the Super-intendent's o f f i c e c ould i n c l u d e the t o t a l which has been pai d up to that time i n every given case. S o c i a l Work Aspects* The main requirements f o r good p r o f e s s i o n a l s o c i a l work w i t h unmarried parents and i n p a r t i c u l a r w i t h p u t a t i v e f a t h e r s have been mentioned a t s e v e r a l p o i n t s i n the present study. Example C i l l u s t r a t e s how the s o c i a l worker was, a b l e to do r e a l enabling casework w i t h the f a t h e r on a long term b a s i s . His growth towards independence can be observed i n the case. In Example D, i t i s apparent how the s o c i a l worker took the f a t h e r ' s f i n a n c i a l and f a m i l y circumstances i n t o c onsidera-t i o n . I n Example E, the l i m i t a t i o n s of the p o s s i b l e s e r v i c e are shown. The p u t a t i v e f a t h e r had such severe personal, problems, i f not mental di s t u r b a n c e , that he could not be reached by s o c i a l work methods i n t h i s agency. The question a r i s e s as t o the r e s p o n s i b i l i t y f o r r e f e r r a l s t o another agency, the s u i t a b i l i t y of a p l a n f o r a r e f e r r a l and the adequacy of com-munity resources f o r s e r v i c e s to p u t a t i v e f a t h e r s * Example F a m p l i f i e s the l a t e n t danger i n work with unmarried parents; i * e * , o v e r - i d e n t i f i c a t i o n with one of the p a r t n e r s , e i t h e r f a t h e r or mother. In t h i s case i t was even harder to s t a y i m p a r t i a l because the f a t h e r had moved out of the d i s t r i c t cover-ed by the U n i t . The worker had d i r e c t contact with the f a t h e r only i n the c o u r t . Example A does not show any d i f f i c u l t y ; and, i n Example B, the s o c i a l worker was p u l l e d between the mother's r e l u c t a n c e to go ahead wi t h court a c t i o n , and the duty to watch - 72 -th a t the c h i l d ' s r i g h t f o r maintenance was not l o s t i n the time lapses between the l a s t a c t i o n on the f a t h e r ' s p a r t and new a c t i o n . Example Q demonstrates the d i f f i c u l t y which a-r i s e s when s e v e r a l s o c i a l agencies are a c t i v e w i t h the un-married parents and the need to provide casework s e r v i c e s to the p u t a t i v e f a t h e r as w e l l as to the unmarried mother. An attempt has been made I n t h i s study to review the type of s e r v i c e given to p u t a t i v e f a t h e r s i n the S o c i a l Wel-f a r e Branch, Vancouver. One of the assumptions put t o the t e s t was t h a t a c l a s s i f i c a t i o n i n t o b r i e f s e r v i c e cases and continued s e r v i c e cases would show important d i f f e r e n c e s . The r e s u l t suggests that t h i s hypothesis i s t r u e only i n r e -spect to lump-sum settlements. To work these out i n the best i n t e r e s t s of a l l concerned, more than one f a c e - t o - f a c e i n t e r -view w i t h the p u t a t i v e f a t h e r i s r e q u i r e d . This i s demonstrated i n a l l the studied cases. (See Table 3.) Other steps i n securing maintenance can be worked out i n e i t h e r one or more fac e - t o - f a c e i n t e r v i e w s . The adequacy and q u a l i t y of contact w i t h the p u t a t i v e f a t h e r , whether b r i e f or continued, of course depends on many d i f f e r e n t elements i n the gi v e n s i t u a t i o n . These demand f u r t h e r study whieh was not p o s s i b l e i n the present t h e s i s . F o l l o w i n g a second l i n e of enquiry, when sources of r e f e r r a l s were compared i n the l i g h t of the "co-operation" or "non-co-operation" achieved i n the work wi t h p u t a t i v e f a t h e r s , no very marked d i f f e r e n c e s appeared. This seems to lead to the con c l u s i o n that the k i n d of s e r v i c e needed by p u t a t i v e f a t h e r s - 73 -and the degree of co-operation they are able to show i n the planning f o r t h e c h i l d , depends on the p e r s o n a l i t y of the p u t a t i v e f a t h e r . Since t h i s was only an e x p l o r a t o r y study of s e r v i c e s g i v e n to p u t a t i v e f a t h e r s i n the U n i t , no attempt has been made to go i n t o the p s y c h o l o g i c a l p e r s o n a l i t y of pu-t a t i v e f a t h e r s , e s p e c i a l l y t h e i r p s y c h o l o g i c a l need to be an unmarried f a t h e r . There i s much m a t e r i a l i n the f i l e s of the U n i t f o r f u r t h e r study i n that d i r e c t i o n , and the recordings could probably be supplemented by i n f o r m a t i o n from the former and the present s o c i a l worker. Community Aspects S o c i a l work w i t h unmarried parents has a f o u r f o l d concern. The primary concern i s the best p o s s i b l e planning f o r the c h i l d . The g o a l of securing i t s f i n a n c i a l f u t u r e i s not c a r r i e d out to the same extent i n B r i t i s h Columbia a s s f o r example, i n Germany. ' Only a very few p u t a t i v e f a t h e r s pay maintenance u n t i l the c h i l d reaches the age of s i x t e e n . This was c l e a r l y seen i n the s t u d i e d cases i n the U n i t . More-over, when a lump-sum settlement i s made, the amount to be p a i d i s not a r r i v e d at by c a p i t a l i z i n g the monthly payments s t i l l due under the c o u r t order or agreement. Instead, the request from the mother, her circumstances and the f a t h e r ' s a b i l i t y to pay, together determine the amount f o r which the lump-sum settlement i s f i n a l l y signed. No p r o v i s i o n i s made f o r the o l d o b l i g a t i o n t o be r e v i v e d i n case; e.g., of a d r a s t i c change i n the c h i l d ' s f i n a n c i a l circumstances. I t would be of i n t e r e s t to study how many of these c h i l d r e n , - 74 -f o r whom lump-sum settlements have been made, l a t e r r e q u i r e S o c i a l A s s i s t a n c e . In a country with an expanding economy t h i s question does not seem to be of major concern; i t looms l a r g e r i n an " o l d " country. The f l u c t u a t i o n and m o b i l i t y of the p o p u l a t i o n a l s o may play a p a r t i n the f a c t that no system has been developed to ensure such l a t e r maintenance c o l l e c t i o n s as may be necessary. The second concern i s the unmarried mother. S e r v i c e s f o r her have long been accepted as necessary by the community. S o c i a l work p r a c t i c e i s r e l a t i v e l y developed i n the area of s e r v i c e s to unmarried mothers. They are not a l l contacted however. And th e r e are s t i l l o p portunities, f o r improved s e r -v i c e . Only r e c e n t l y have s o c i a l workers begun to t h i n k of the t h i r d concern, the p u t a t i v e f a t h e r s , as c l i e n t s w i t h s i m i l a r problems as the unmarried mother has. This i s i n d i c a t e d by the f a c t that very l i t t l e p r o f e s s i o n a l l i t e r a t u r e has been w r i t t e n about s o c i a l work with p u t a t i v e f a t h e r s . The f o u r t h concern i s the community. As a r u l e , pu-t a t i v e f a t h e r s are not recognized as persons who might need p r o f e s s i o n a l s o c i a l work help to work out the problems which l e d them i n t o unmarried parenthood. I t i s the g o a l of the s o c i a l worker i n the U n i t t o make the s e r v i c e s to p u t a t i v e f a t h e r s b e t t e r known i n the community. She i n t e r p r e t s her r o l e i n work w i t h unmarried parents f r e q u e n t l y to lawyers who o f t e n are i n c l i n e d to see the problem only as a l e g a l one. There i s a l r e a d y growing awareness among the lawyers of the r o l e of the - 7 5 -U n i t s o c i a l worker. R e f e r r a l s of p u t a t i v e f a t h e r s from lawyers to the U n i t are not i n f r e q u e n t . F i n a l l y , the question a r i s e s which needs more r e f i n e d study of cases, as to which p u t a t i v e f a t h e r s can use the s e r v i c e of the u n i t ? Who are the p u t a t i v e f a t h e r s who need more i n t e n s i v e casework treatment to work out t h e i r immaturity problem? I l l e g i t i m a c y i s one of the hidden i l l s of s o c i e t y . S t a r t l i n g s o c i a l i l l s such as drug a d d i c t i o n , crime, or j u v e n i l e delinquency are dramatic and arouse the community. With the problem of i l l e g i t i m a c y , i t i s mostly only the mother and the c h i l d who are seen as v i c t i m s of t h i s s o c i a l i l l n e s s . The p u t a t i v e f a t h e r i s the f o r g o t t e n person i n t h i s b i o l o g i c a l t r i a n g l e . Whether the community w i l l l e t t h i s pro-blem go on untreated i s a serious question. Should we not pay more a t t e n t i o n to the hidden costs of human s u f f e r i n g than former generations have done? Are there enough community resources i n Vancouver where such i n t e n s i v e casework treatment could be c a r r i e d out? Who should do i t ? A p u b l i c or a p r i v a t e agency? Since the s o c i a l work p r o f e s s i o n has developed the s k i l l to help puta-t i v e f a t h e r s as w e l l as unmarried mothers towards handling t h e i r problems w i t h more m a t u r i t y , i s the community w i l l i n g to use such s e r v i c e s and pay f o r them? Or s h a l l t h i s age o l d problem continue to go unattended i n the future? I n the S o c i a l Welfare Branch i n Vancouver, a begin-ning has been made to i n t e g r a t e s e r v i c e s f o r the i l l e g i t i m a t e c h i l d under the C h i l d r e n of Unmarried Parents Act w i t h c o n s t r u c t -i v e s e r v i c e s f o r p u t a t i v e f a t h e r s ! Appendix A 1948 CHILDREN OF UNMARRIED PARENTS, MAINTENANCE OF. CHAP. 4 8 C H A P T E R 48. An Act to provide for the Maintenance of Children of Unmarried Parents. HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:— short title. i . This Act may be cited as the "Children of Unmarried Parents Act." R.S. 1936, c. 36, s. 1. interpretation. 2. In this Act, unless the context otherwise requires:— " Magistrate" means any Stipendiary Magistrate, Police Magistrate, or any two Justices of the Peace, or any one Justice of the Peace who is requested by the Attorney-General to act alone in any case, having jurisdiction in the locality in which the mother resides or in which she may be staying temporarily or otherwise, or, in the case of proceedings under section 21, having jurisdiction in the locality in which the garnishee resides: " Mother " means any single woman or widow who has been delivered of an illegitimate child, or who is pregnant and likely to be delivered of an illegitimate child, or any married woman who is living apart from her husband and who has been delivered of an illegitimate child, or who is pregnant and likely to be delivered of an illegiti-mate child, and who was living apart from her husband at the time of the conception of the child: " Superintendent" means the Superintendent of Child Wel-fare appointed under the " Protection of Children Act," or any municipal officer or person other than a munici-pal officer authorized by the Attorney-General to act 389 CHAP. 4 8 CHILDREN OF UNMARRIED PARENTS, MAINTENANCE OF. 12 GEO. 6 Notice of regis-tration of birth of children born out of wedlock. Investigation and proceedings by Superintendent. Protection of mother and child. Guardianship. Complaint, sum-mons, and warrant. 390 for and in the place of the Superintendent of Child Wel-fare for the purposes of this Act. R.S. 1936, c. 36, s. 2. 3. Every District Registrar of Vital Statistics shall notify the Superintendent of the birth of every child born out of wedlock registered in his office under the " Vital Statistics Act" and of every birth so registered in such a manner as to suggest that the parents are unmarried or unknown, with such particulars as the Superintendent may require. R.S. 1936, c. 36, s. 3. 4. It shall be the duty of the Superintendent by inquiry through children's aid societies and otherwise to obtain all information possible with respect to every child born out of wedlock, and the Superintendent shall take such proceedings and do all such things as are permitted or required under this Act as may seem to him advisable in the interest of the child; but nothing in this Act shall require the Superintendent,to interfere with the care and maintenance of any child where the child has been legitimated by the subsequent intermarriage of his parents, or where the child has been adopted pursuant to the "Adoption Act," or where the child is being cared for voluntarily by a person whom the Super-intendent considers suitable to have the charge of the child. R.S. 1936, c. 36, s. 4. 5. Every woman who is a mother within the meaning of sec-tion 2 may apply to the Superintendent for advice and protection in any matter connected with her child or with the birth of her child, and the Superintendent shall take such action as may seem to him advisable in the interests of the mother and the child. In case the mother resides and has for six months last past resided within a municipality, the solicitor or prosecuting officer of the municipality shall, upon the request of the Superintendent, ren-der to the mother and to the Superintendent such legal assistance as may be necessary in respect of any action taken or to be taken in the interests of the mother and the child. R.S. 1936, c. 36, s. 5. 6. The Superintendent may upon his own application to any Judge of the Supreme Court be appointed guardian of a child born out of wedlock either alone or jointly with the mother of the child. R.S. 1936, c. 36, s. 6. 7. (1) Upon complaint on oath made to a Magistrate that any woman has become a mother within the meaning of this Act, stating whether or not the child has been born, and stating the name of the person alleged to be the father of the child, the Magistrate may issue a summons requiring the putative father to appear at a time and place mentioned in the summons, or, if he sees fit, the Magistrate may iss'ue a warrant for the apprehen-1948 CHILDREN OP UNMARRIED PARENTS, CHAP. 4 8 MAINTENANCE OF. sion of the putative father, and by the summons or warrant, as the case may be, shall require the putative father to answer to the complaint and to be further dealt with according to law. (2) The complaint may be made:— (a) Ey the mother or her next friend or guardian; or (6) By the guardian of the illegitimate child; or (c) By the Superintendent. (3) In case it is made to appear to the Magistrate by whom any summons has been issued under this section that prompt per-sonal service of the summons cannot be effected, and that the putative father is within the Province, the Magistrate may make such order for substituted or other service of the summons, or for the substitution of notice for service, by letter, public adver-tisement, or otherwise, as may be just. (4) The fact that a summons has been issued shall not prevent any Magistrate from issuing a warrant at any time before or after the time mentioned in the summons for the appearance of the putative father. (5) It shall not be necessary to make a warrant issued under this section returnable at any particular time, but the same shall remain in force until it is executed. R.S. 1936, c. 36, s. 7. 8. No affiliation order shall be made upon a complaint under this Act unless the complaint is made within the lifetime of the putative father, and:— (a) Within one year after the birth of the child; or (6) Within one year after the doing of any act on the part of the putative father which affords evidence of ac-knowledgment of paternity; or (c) Within one year after the return to the Province of the putative father where he has been absent from the Province at the expiration of the period of one year from the birth of the child. R.S. 1936, c, 36, s. 8. 9. (1) If the putative father appears at the time and place mentioned in the summons, or if the putative father does not appear at the time and place aforesaid and proof is furnished to the satisfaction of the Magistrate present at the hearing of the due service or substituted service of the summons a reasonable time before the time appointed for appearance, or if the putative father is brought before the Magistrate present at the hearing by virtue of a warrant, the Magistrate may proceed to inquire into the matter of the complaint, and may make an order declaring the putative father to be the father of the child and requiring him to pay to the Superintendent:— 391 Limitation of time for making complaint. CHAP. 4 8 CHILDREN OF UNMARRIED PARENTS, 12 GEO. 6 MAINTENANCE OF. (a) The reasonable expenses for the maintenance and care, medical or otherwise, of the mother during the three months last preceding the birth of the child, at the birth, and during such period after the birth as may in the opinion of the Magistrate have been or be necessary in connection with or as a consequence of the birth of the child, taking into consideration the circumstances of the case and the report of any Health Officer or duly qualified medical practitioner made in respect thereof: (6) A sum of money weekly towards the maintenance of the child until the child attains the age of sixteen years: (c) The expenses of the burial of the mother in case of her death at or in consequence of the birth of the child: (d) The expenses of the burial of the child in case of the death of the child before the making of the affiliation order. (2) The Magistrate may, in his discretion, by the affiliation order or by a subsequent order varying it, require the mother to contribute a sum of money weekly towards the maintenance of the child until the child attains the age of sixteen years. (3) In case the putative father does not appear at the time and place mentioned in the summons, and proof is furnished to the satisfaction of the Magistrate of the due service or substi-tuted service of the summons a reasonable time before the time appointed for appearance, the Magistrate may, if he thinks fit, instead of proceeding ex parte to hear and determine the com-plaint in the absence of the putative father, issue his warrant as the Magistrate to whom the complaint was made might have done in the first instance for the apprehension of the putative father and adjourn the hearing of the complaint until the puta-tive father is apprehended; but nothing done under this subsec-tion shall prevent the Magistrate from proceeding ex parte at any time he thinks fit, in the event of the putative father not being apprehended. R.S. 1936, c. 36, s. 9. Standard of maintenance. 10. The Magistrate shall fix such sums for maintenance as will enable the child to be maintained according to a reasonable standard of living, and the Magistrate shall be governed in his findings by a consideration of the probable standard of living the child would have enjoyed if he had been born to his parents in lawful wedlock. R.S. 1936, c. 36, s. 10. Power to vary order on change in circumstances. 392 11. Where an affiliation order has been made under this Act, then, upon the application from time to time of the Superinten-dent, or of either parent of the child, or of the child, or of any person entitled to make complaint in respect of the child under 1950 CHILDREN OF UNMARRIED PARENTS, MAINTENANCE OF (AMENDMENT) . CHAP. 6 C H A P T E R 6. R.S.B.C. 1948.C.48. A n Act to amend the " Children of Unmarried Parents Act." {Assented to 30th March, 1950.'] HIS M A J E S T Y , by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:— short title. i . This Act may be cited as the "Children of Unmarried Parents Act Amendment Act, 1950." Amendss.7. 2. Section 7 of the "Children of Unmarried Parents Act," being chapter 48 of the " Revised Statutes of British Columbia, 1948," is amended by inserting after "complaint," in the first line of subsection (1), the words " in writing." V I C T O R I A , B . C . : Printed by D O N M O D I A R M I U , Printer to Hie King's Most Excel lent Majesty. 1950. 19 1948 CHILDREN OP UNMARRIED PARENTS, CHAP. 4 8 MAINTENANCE OP. this Act, and upon proof that the means of either parent or the needs of the child have altered in amount since the making of the affiliation order or the latest subsequent order varying it, the Magistrate by whom the original or subsequent order was made, as the case may be, or, in case of his death, illness, removal from office, or absence from the jurisdiction, any other Magistrate may vary the original or subsequent order so made. R.S. 1936, c. 36, s. 11. security. 12. Where an affiliation order is made or varied under this Act, the Magistrate may require the putative father against whom the order is made to furnish such security for the per-formance of the order and in such manner as the Magistrate may direct; and if the putative father fails to furnish the security required, the Magistrate may forthwith commit him to gaol, there to be imprisoned with hard labour for a term of not less than six months and not more than twelve months, or until he. furnishes the security and pays the costs and charges of the com-mitment and conveying of him to gaol. R.S. 1936, c. 36, s. 12. " sumCma™con- (1) Except as otherwise provided in this Act, the " Sum-victions Act." mary Convictions Act " shall apply to all proceedings under this Act, with such deviations from and variations in the forms prescribed by that Act as the Magistrate may in any case see fit to make for the purposes of this Act. (2) Whether or not any proceedings have been taken under the provisions of this Act for the enforcement or to secure the performance of an affiliation order made thereunder, all rights, remedies, and procedure available under the " Summary Convic-tions Act" for the enforcement of an order for the payment of money may be had and resorted to from time to time so often as any payment required by the affiliation order is in arrear. (3) The provisions of the " Summary Convictions Act" as to appeals, and the proceedings therein and incidental thereto, shall apply to any order made under the provisions of this Act, except that:— (a) Where the putative father is the appellant, proceedings on the order appealed from shall not be stayed, pending the appeal; and (b) Where the mother is the appellant, no bond or security for costs of the appeal shall be required; and (c) The time within which an appeal may be taken shall be three months after the order appealed from was made by the Magistrate; and 393 CHAP. 48 CHILDREN OF UNMARRIED PARENTS, 12 GEO. 6 MAINTENANCE OF. The appeal shall be heard at the sittings of the County Court to be held nearest to the place where the order appealed from was made; and Where the notice of. appeal is filed more than fourteen days before a sitting of the Court to which an appeal is given, such appeal shall be made to that sittings; but if the notice of appeal is filed within fourteen days of a sittings, the appeal shall be made to the second sittings next after such notice of appeal is filed. R.S. 1936, c. 36, s. 13. 14. Where an affiliation order has been made under this Act, either before or after the enactment of this section, requiring the payment of money by the putative father, and the Magistrate making the order failed or neglected to make any order or adjudi-cation or distress or imprisonment in default of payment thereof pursuant to clause (a) or (b) of subsection (1) of section 52 of the " Summary Convictions Act," then, upon application made by the Superintendent to any Magistrate, whether the Magistrate who made the affiliation order or another, and upon proof to the satisfaction of the Magistrate of the making of the affiliation order and that any payment of money required thereby is in default, the Magistrate may, without any notice to the putative father and without any hearing, make an order amending the affiliation order by the addition thereto of such order and adjudi-cation as he may see fit to make for enforcing the payments of sums of money required by the affiliation order as under the provisions of clauses (a) and (b) of subsection (1) of section 52 of the " Summary Convictions Act" the Magistrate making the affiliation order might have done in the first instance; and the affiliation order shall thereupon be deemed to be amended and to have effect accordingly, and all proceedings may be taken thereon from time to time as if the affiliation order as amended had been duly made by the Magistrate acting in the first instance. A copy of every amending order made under this section shall be forthwith served on the putative father, either personally or in such other manner as the Magistrate may direct. R.S. 1936, c. 36, s. 14. 15. (1) No affiliation order shall be made upon the complaint of the mother unless her evidence as to the paternity of her child is corroborated by some other material evidence. (2) Subject to subsection (1), the fact of paternity may be established under this Act upon such evidence as the Magistrate considers sufficient. (d) (e) Evidence of paternity. 394 1948 CHILDREN OF UNMARRIED PARENTS, CHAP. 4 8 MAINTENANCE OF. Death of mother no bar to proceedings. Notice of proceedings to Superintendent. Hearing in private. Payments. Duty of Super-intendent as to enforcement. (3) Subject to subsection (1), and notwithstanding any other Statute or law to the contrary, in all proceedings under this Act, a married woman shall be a competent and compellable witness to testify as to the paternity of her child in respect of whom the proceedings are taken. R.S. 1936, c. 36, s. 15. 16. The Superintendent shall not be debarred from instituting or continuing proceedings under this Act by the death of the mother of the child born out of wedlock for whom relief is sought. R.S. 1936, c. 36, s. 16. 17. Where any proceedings are instituted under this Act by any person other than the Superintendent, the person instituting the proceedings shall give notice thereof to the Superintendent, and the Superintendent shall have the right to appear and inter-vene and be heard in person or by counsel on the proceedings. R.S. 1936, c. 36, s. 17. 18. The room or place in which the Magistrate sits to hear any complaint under this Act shall not be deemed an open or public Court, and all persons other than the officers of the Court, the parties interested, and their witnesses and counsel shall be excluded therefrom. R.S. 1936, c. 36, s. 18. 19. Every payment ordered by a Magistrate to be made in accordance with the provisions of this Act shall be made to the Superintendent, or to such person as the Superintendent may from time to time direct. R.S. 1936, c. 36, s. 19. 20. It shall be the duty of the Superintendent:— (a) To see that all payments directed to be made by the puta/tive father under an affiliation order are duly made, and in default of payment to take all necessary proceed-ings for the enforcement of the order, including the enforcement of any security given by the putative father: (&) To see that all moneys collected under any affiliation order are paid and applied forthwith, without any de-duction, to or for the persons entitled to relief in accor-dance with the terms of the order and the provisions of this Act. R.S. 1936, c. 36, s. 20. Garnishee proceedings. 21. (1) Any Magistrate may, upon the ex parte application of any person referred to in subsection (2) of section 7, and upon affidavit that an affiliation order for the payment of money has been made and that it is still unsatisfied, stating the amount due and in arrear thereunder, and that some other person is to the best of the deponent's belief indebted to the putative father, and 395 CHAP. 48 CHILDREN OF UNMARRIED PARENTS, MAINTENANCE OF. 12 GEO. 6 that such person is within the jurisdiction of the Magistrate, order that all debts, obligations, and liabilities owing, payable, or accruing due from that other person (hereinafter called the "garnishee") to the putative father be attached to answer the affiliation order; and service upon the garnishee of the attaching order shall, from the time of service .thereof, bind such debts, obligations, or liabilities in the hands of the garnishee. (2) In the attaching order the amount attached shall be lim-ited to the amount actually due by the putative father, along with a reasonable sum for costs. (3) If the garnishee admits his indebtedness to the putative father, he shall forthwith pay to the Magistrate or to the Super-intendent, or to such person as the Superintendent may direct, the amount of the indebtedness to the putative father or the amount limited by the attaching order; but if the garnishee does not forthwith pay to the Magistrate or to the Superintendent or person so directed the amount of his indebtedness to the putative father or the amount limited by the attaching order, or if the garnishee disputes any indebtedness to the putative father, the person who made the application for the attaching order may take the like proceedings as are prescribed in the " Attachment of Debts Act" in similar cases; and for the purpose aforesaid the proceedings may be transferred to the County Court of the county or portion of the county in which the garnishee resides, and the amount claimed against the putative father under the attaching order shall be deemed to be a judgment of that County Court. (4) Payment by the garnishee to the Magistrate, or to the Superintendent or person so directed, or payment into the County Court in compliance with an order of a Judge thereof, shall be a valid discharge of the garnishee as against the putative father to the extent of the amount paid. (5) The costs of garnishee proceedings under this Act shall be the same as are allowed in the County Courts in similar cases. (6) The forms of affidavit and attaching order for the purposes of this section may be in the respective forms in the Schedule. R.S. 1936, c. 36, s. 21. wTeragamsUands I n addition to all other provisions of this. Act for the . enforcement of orders, every affiliation order made under this Act shall, upon the deposit of a copy of the order certified by the Magistrate by whom the order was made, or by the Superinten-dent having charge of the original order, in any Land Registry Office in the Province, be registered in the like manner and form a lien and charge on all the lands of the person against whom it is made in the land registry district in which the same is registered 396 I 1948 t CHILDREN OF UNMARRIED PARENTS, CHAP. 4 8 MAINTENANCE OF. Registered order deemed to be a judgment.' Summons for enforcement of affiliation order. Order for distress and imprisonment. to the like extent and with the like effect as the registration of a judgment under the " Execution Act." (2) Every order so registered shall be deemed to be a judg-ment within the meaning of section 34 of the " Execution Act," and the Superintendent may pursue the same remedies for the recovery of any amount due thereon from time to time and all costs as if the order were a judgment of the County Court having jurisdiction in the locality in which the Land Registry Office wherein the order is registered is situate. R.S. 1936, c. 36, s. 22. 23. (1) In addition to all other provisions of this Act for the enforcement of affiliation orders, in case of the failure of the putative father to pay a sum of money ordered to be paid by any affiliation order at any time made under this Act, and when and as often as any payment so ordered is in arrear, any Magistrate may issue his summons commanding the putative father to appear at a time and place mentioned in the summons and show cause, before the Magistrate issuing the summons or such other Magis-trate as may then and there be present, why the affiliation order should not be enforced. (2) Upon proof of the service of the summons on the putative father, either personally or in such other manner as the Magis-trate may in writing direct, the Magistrate present at the time and place mentioned in the summons may:— (a) If the putative father fails to appear in obedience to the summons; or (b) If the putative father has disposed of any of his prop-erty since the making of the affiliation order; or (c) If the putative father fails to satisfy the Magistrate that he is unable to pay the amount so ordered to be paid and in arrear,— by order enforce payment of the amount so in arrear by the like proceedings, including imprisonment, as, under the " Summary Convictions Act," are applicable in the case of a pecuniary pen-alty, compensation, or sum of money adjudged or ordered to be paid by the conviction or'order of a Justice of the Peace. R.S. 1936, c. 36, s. 23. Recovery against estate of putative father. 34. Every affiliation order shall bind the estate of the putative father after his death, and every sum payable thereunder shall be a debt due from and chargeable upon the estate of the putative father and recoverable at the suit of the Superintendent, but every affiliation order shall, as to any payment falling due before or after the putative father's death, be subject to review as pro-vided in section 11, and no action or other proceeding shall be taken thereon after the death of the father without the leave of 397 CHAP. 4 8 CHILDREN OF UNMARRIED PARENTS, 12 GEO. 6 MAINTENANCE OF. Agreement between mother and putative father no bar to proceedings. Agreement between putative father and Superintendent. Action for neces-saries furnished child born out of wedlock. a Magistrate, and the Magistrate before granting leave shall direct that notice shall be given to the widow and legitimate children of the putative father. R.S. 1936, c. 36, s. 24. 25. No agreement entered into between the mother of a child born out of wedlock, or an unmarried woman pregnant with a child likely to be born out of wedlock, and the putative father of the child, relating to any matters within the scope of this Act, shall be a bar to any proceedings under this Act. R.S. 1936, c. 36, s. 25. 26. Where the putative father admits the paternity of the child and makes an adequate offer to provide for the maintenance and education of the child, he may enter into an agreement in writing therefor with the Superintendent; and upon failure on the part of the putative father to comply with the terms of the agreement, the Superintendent may apply to a Magistrate for an affiliation order, and the agreement shall be sufficient proof of paternity. R.S. 1936, c. 36, s. 26. 27. (1) Any person who furnishes food, clothing, lodging, or other necessaries to any child born out of wedlock may maintain an action in any Court of competent jurisdiction for the value thereof against the father of the child, if the child was a minor at the time the necessaries were furnished, and was not then resid-ing with his reputed father and maintained by him as a member of his family. (2) Subsection (1) shall not apply where the father of the child has fulfilled the terms of an affiliation order made against him under this Act in respect of the child. (3) Where an action is brought under this section by any per-son other than the Superintendent, the person bringing it shall forthwith give notice thereof to the Superintendent. R.S. 1936, c. 36, s. 27. Evidence. 28. (1) Where the person suing for the value of the necessaries is the mother of the child, or a person to whom the mother has become accountable for the necessaries, the fact of the defendant being the father shall not be deemed to be proved by the evidence of the mother, unless her evidence as to paternity is corroborated by some other material evidence. (2) Subsection (1) shall not apply where the person charged in the action has been declared to be the father of the child by an affiliation order made under this Act, and the affiliation order shall for all purposes of the action be deemed sufficient evidence of the paternity of the child. R.S. 1936, c. 36, s. 28. 398 1948 CHILDREN OP UNMARRIED PARENTS, MAINTENANCE OP. CHAP. 4 8 Affidavit of mother 29. No action shall be sustained under the last two preceding as to paternity. ^ ° sections unless it is shown upon the trial thereof that while the mother of the child was pregnant, or within six months after the birth of her child, she did voluntarily make an affidavit in writ-ing before a Justice declaring that the person afterwards charged in the action is really the father of the child, nor unless she deposited the affidavit, within the time aforesaid, in the office of the Registrar of the County Court nearest the place in which she then resided; but the affidavit shall not be evidence of the fact of the defendant being the father of the child. R.S. 1936, c. 36, s. 29. Savin«- 30. Nothing in this Act shall take away or abridge any right of action or remedy that, without this Act, might have been main-tained against the father of a child born out of wedlock. R.S. 1936, c. 36, s. 30. SCHEDULE. C H I L D R E N O F U N M A R R I E D P A R E N T S A C T . " (Section 21.) AFFIDAVIT IN SUPPORT OF GARNISHING SUMMONS. BRITISH COLUMBIA. COUNTY OF [name of mother] vs. [name of putative father]. I, , of , make oath and say as follows:— 1. I am 2. On the day of , 19 , an affiliation order was made by for the payment to the Superintendent of Child Welfare by the above-named of the sum of dollars a week, and the sum of dollars for costs, and is still unsatisfied. 3. There is now due and in arrear under the said order the sum of dollars which the above-named has failed or refused to pay. 4. To the best of my belief of is indebted to the above named, and the said is within the jurisdiction of Sworn to at this day of , 19 , before me— 399 I CHAP. 4 8 CHILDREN OF UNMARRIED PARENTS, 1 2 GEO. 6 MAINTENANCE OF. " CHILDREN OF UNMARRIED PARENTS A C T . " (Section 21.) GARNISHING ORDER. BRITISH COLUMBIA. ) COUNTY OF .( [name of mother] vs. . [name of putative father'] vs. [name of garnishee] [date]. Upon reading the affidavit of , sworn the day of , 19 , I do order that all debts, obligations, and liabilities owing, payable, or accruing due from to the above-named , but not exceeding the amount hereunder written, be attached to answer an order made by on the day of , 19 , under the above Act . Amount in arrear $ Costs $ Amount garnished $ Dated at this day of , 19 . Magistrate in and for the R.S. 1936, c. 36, Sch. V I C T O R I A , B . C . : Printed by D o x M C D J A H M I D , Pr inter to tbe King's Most Excel lent Majesty. 1948. 400 Appendix B Table 1* Cases under Unmarried Parents Act Referred to — Unit. June 1950 -May I??? Source of Ref e r r a l Number of Cases Percentage (a) a) C i t y S o c i a l Service Department, Vancouver b) S o c i a l Welfare Branches i n B.C. c) Child Welfare Branch* V i c t o r i a d) Children's Aid Societies* Vancouver e) Family Service Agency f ) Mother herself g) Family Court h) Lawyers i ) Maternal grandparents j) P o l i c e k) Private persons 1) Hospitals m) City Prosecutor n) Physicians o) Department of Indian A f f a i r s p) Mothers Allowances Board q) not stated* or information not available 160 111 105 104 34 31 26 23 22 6 6 5 5 4 2 2 B2 24.8 17.1 16.3 16.0 5,3 4,8 4.0 3.6 3.4 i ) ) *\ #) 4.7 #! #i #i Tota . 728 100 (a) Based on cases whose r e f e r r a l source i s known {646}. § Less than one percent. Appendix B Table 2. R e f e r r a l s and S o c i a l Work Contacts; Comparison T o t a l and CSSD Cases C l a s s i f i c a t i o n of R e s u l t s T o t a l r e f e r r a l s R e f e r r a l s from CSSD Number P.C. Number P.C. a) Contacts w i t h mother only 208 28.5 91 5 6 . 8 b) Contacts w i t h f a t h e r only 102 14.0 2 1 . 5 c) Contacts with both parents 147 20.1 36 2 2 . 5 i ) No pers o n a l contact 1 6 2 22.2 2 3 1 4.2 3) Transferred out 109 15.2 8 5.0 T o t a l 7 2 8 100 160 L00 Appendix B Table 3. D i s p o s i t i o n of Maintenance Gases  S o c i a l Welfare Branch, Vancouver. (Sample Group, 1950 - 1955) ( C l a s s i f i c a t i o n by d u r a t i o n of contacts) Type of r e s u l t Short contact Continued contact T o t a l "Co-operative" 16 33 49 : Agreement signed 9 14 23 P a t e r n i t y admitted 5 9 13 Background informa-t i o n 2 5 7 Settlement made - 6 6 "Non-co-operation" 9 13 22 P a t e r n i t y denied or u n c e r t a i n 4 5 9 Court Order 2 6 a No r e s u l t 3 2 5 T o t a l 25 46 71 Appendix B Table 4. D i s p o s i t i o n of Maintenance Cases; S o c i a l Welfare Branch. Vancouver* (Sample Group, 1950 - 1955) ( c l a s s i f i e d by source of r e f e r r a l ) Type of R e s u l t Source of R e f e r r a l Not s t a t e d CSSD SWB CWD GAS FG (a) Other "Co-operative" 9 11 i i 8 2 5 3 Agreement signed 3 6 3 5 1 3 2 P a t e r n i t y admitted 5 2 3 1 - 1 1 Background informa-t i o n g i v e n - 2 3 1 1 — * Settlement made 1 1 2 1 mm 1 -"Non-co-operative" , 5 3 5 4 4 1 P a t e r n i t y denied or u n c e r t a i n 1 2 2 3 1 — Court Order 1 - 3 1 2 1 No r e s u l t 3 1 - - - 1 -TOTAL 14 14 16 12 2 9 4 Source: S p e c i a l c o m p i l a t i o n from f i l e s of the S o c i a l Welfare Branch, Vancouver, CSSD - C i t y S o c i a l S e rvice Department SWB - S o c i a l Welfare Branch CWD - C h i l d Welfare D i v i s i o n CAS - Chi l d r e n ' s A i d S o c i e t y FC - Family Court (a) - From lawyer, from doctor, Family Welfare Bureau and c l i e n t h e r s e l f . Appendix G B i b l i o g r a p h y Books Abbott, Grace: The C h i l d and the S t a t e ; Volume I I , U n i v e r s i t y of Chicago Press, 1938. Encyclopaedia of S o c i a l Sciences; Volume V I I . McM i l l a n ; Hew York; 1 9 3 2 . French, David G., An Approach t o Measuring R e s u l t s In S o c i a l Work; Columbia U n i v e r s i t y Press; New York; 1 9 5 2 . Nelson, George R., Freedom and Welfare. S o c i a l ( E d i t o r ) P a t terns i n the Northern Countries of Europe; E d i t e d by George R. Nelson, Denmark. Sponsored by the M i n i s t r i e s of S o c i a l A f f a i r s of Denmark, F i n l a n d , I c e l a n d , Norway, Sweden; 1 9 5 3 . Reed, P a t r i c i a , Maintenance C o l l e c t i o n s from P u t a t i v e F a t h e r s ; Master of S o c i a l Work Thesis, U n i v e r s i t y of B r i t i s h Columbia; 1 9 5 0 . Reed, Ruth, The I l l e g i t i m a t e Family i n New York "City; published by The Wellare C o u n c i l of New York C i t y ; Columbia U n i v e r s i t y Press; 1 9 3 4 . Richmond, Mary, S o c i a l Diagnosis; Wm. F. F e l l Co., P r i n t e r s ; P h i l a d e l p h i a ; 1 9 4 0 . Young, Leontine, Out of Wedlock; McGraw-Hill; New York; 1 9 5 4 . Department of Health and Welfare, S o c i a l Welfare Branch, P o l i c y Manual: V i c t o r i a , B.C. (mimeographed) B i b l i o g r a p h y - Cont, A r t i c l e s : F u l l e r t o n and " P u t a t i v e F a t h e r s " i n J o u r n a l of Livermore; S o c i a l Casework; May 1 9 4 7 , V o l . XXVIII, No. 5; Family Service A s s o c i a t i o n of America. L i c h t e n s t e i n , A. "Preventive P a e d i a t r i c s i n Sweden"; The Swedish I n s t i t u t e ; Stockholm; Information S e r v i c e . Reports: Marsh, Marguerite, "Common A t t i t u d e s Towards the Unmarried Father"; Proceedings of  the N a t i o n a l Conference of S o c i a l  Work; 194CH P u b l i s h e d f o r the N a t i o n a l Conference of S o c i a l Work by Columbia U n i v e r s i t y P r e s s ; New York; 1940 Morloekj Maud, "Establishment of P a t e r n i t y " ; Proceedings of the N a t i o n a l Conference  of S o c i a l Work; 1940. Published f o r the N a t i o n a l Conference of S o c i a l Work by Columbia U n i v e r s i t y P r e s s : New York; 1940. Reider, Norman M.D. "The Unmarried Father"; Presenta-t i o n to N a t i o n a l Conference of S o c i a l Work; A p r i l 16, 1947; San F r a n c i s c o . Annual Report of the S o c i a l Welfare Branch  of the Department of Health and Welfare f o r t he years; 1948, 1949, 1950, 1951, 1952, 1953, 1954, 1955; King's P r i n t e r ; V i c t o r i a , B. C. The B r i t i s h Columbia C h i l d Welfare Survey; I n i t i a t e d by The Service Clubs of Vancouver C i t y ; 1927. Published by The B r i t i s h Columbia C h i l d Welfare Survey Committee; Vancouver, B.C. Canadian Welfare C o u n c i l : Committee on S e r v i c e s to Unmarried Parents; The Unmarried Parent; D r a f t (mimeographed) December, 1955. Family and C h i l d Welfare D i v i s i o n . B i b l i o g r a p h y - Cont. A c t s ; An Aot to provide f o r the Maintenance of C h i l d r e n o i Unmarried Parents. ' """ Short t i t l e : C h i l d r e n of Unmarried Parents A c t . R.S. 1936. King's P r i n t e r 1948, V i c t o r i a , B. C. B u r g e r l i c h e s Gesetzbuch f u r das Deutsche R e i c h . ( t r a n s l a t e d : C i v i l Code f o r the German Reich) L e i p z i g , P h i l i p p Reclam j u n , - Date not gi v e n . 

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