CFSA Flashcards
T / F ?
“child” means, except where a contrary intention is expressed, an
unmarried person actually or apparently under 16 years of age;
TRUE
“child” means, except where a contrary intention is expressed, an
unmarried person actually or apparently under 16 years of age;
T / F ? “dispute resolution” means a method for jointly developing a plan of care for a child and includes any or all of the following: (i) mediation; (ii) government intervention; (iii) family group conferencing;
FALSE “dispute resolution” means a method for jointly developing a plan of care for a child and includes any or all of the following: (i) mediation; (ii) joint planning conferences; (iii) family group conferencing; (iv) talking circles;
Define “family services”
“family services” means services designed to strengthen, enhance and maintain the family unit;
T / F ?
“parent” means, except in Part V:
(i) the mother of a child;
(ii) the father of a child;
(iii) a person to whom custody of a child has been granted by a court
of competent jurisdiction or by an instrument or agreement of custody;
(iv) a person with whom a child resides and who stands in the place of a parent to the child;
TRUE
“parent” means, except in Part V:
(i) the mother of a child;
(ii) the father of a child;
(iii) a person to whom custody of a child has been granted by a court
of competent jurisdiction or by an instrument or agreement of custody;
(iv) a person with whom a child resides and who stands in the place of a parent to the child;
T / F ? A "place of safety” means a place or one of a class of places designated by a director as a place of safety and may include a friend's house, a hospital or the home of an extended family member;
FALSE
place of safety” means a place or one of a class of places designated by a director as a place of safety and may include a foster home, a hospital or the
home of an extended family member;
What is the purpose of the CFSA?
The purpose of this Act is to promote the well-being of children in need of
protection by offering, wherever appropriate, services that are designed to maintain,
support and preserve the family in the least disruptive manner.
What factors are considered to determine the best interests of the child?
To determine the best interests of a child, the person or court must
take into account:
(a) the quality of the relationship that the child has with any person who may have a close connection with the child;
(b) the mental, emotional, physical and educational needs of the child and the appropriate care or treatment, or both, to meet those needs;
(c) the child’s cultural and spiritual heritage and upbringing;
(d) the home environment proposed to be provided for the child;
(e) the plans, with respect to the care of the child, of the person to whom it is proposed that the custody of the child be entrusted;
(f) if practicable, the child’s wishes, having regard to the age and level of the child’s development;
(g) the importance of continuity in the child’s care and the possible effect on the child of disruption of that continuity; and
(h) the effect on the child of a delay in making a decision.
T / F ?
Police have no emergency powers to help a child in need?
FALSE
If a child is found without his or her parent and in need of assistance to return to the parent, an officer or a peace officer may take custody of the child.
(2) If a peace officer believes on reasonable and probable grounds that a child has been wrongfully removed or withheld from a person who has a right to custody of the child without the consent of that person, the peace officer may take custody of the child.
(3) If a peace officer has taken custody of a child pursuant to subsection (1) or (2), the peace officer shall deliver the child to an officer or a person who has a right to custody of the child.
T / F ?
A peace officer shall not apprehend any child under the age of 12 if they have committed and offence?
FALSE
If a peace officer believes on reasonable and probable grounds that a child who is actually or apparently under 12 years of age has committed an act that, if
the child were 12 years of age or more, would constitute an offence pursuant to any Act or any Act of Parliament while out of the supervision of a person who has a
right to custody of the child, the peace officer:
(a) may take the child into custody as an agent of a person who has a right to custody of the child; and
(b) shall:
(i) return the child to a person who has a right to custody of the child, or to a person acting on that person’s behalf, at the earliest opportunity; or
(ii) place the child with an officer who shall ensure the return of the
child to a person who has a right to custody of the child, or to a person
acting on that person’s behalf, at the earliest opportunity.
T / F ?
Where it appears to a director that a person who is 16 or 17 years of age is in need of care and supervision and:
(a) there is no parent willing to assume the responsibility for the person; or
(b) the person cannot be re-established with his or her family;
the director may, by agreement with the person, provide residential services, financial assistance or both to that person.
TRUE
What factors are considered if a child is need of protection?
A child is in need of protection if:
(a) as a result of action or omission by the child’s parent:
(i) the child has suffered or is likely to suffer physical harm;
(ii) the child has suffered or is likely to suffer a serious impairment of
mental or emotional functioning;
(iii) the child has been or is likely to be:
(A) exposed or subjected to harmful interaction for a sexual
purpose, including sexual contact, activity or behaviour; or
(B) sexually exploited by another person, including conduct that
may amount to an offence within the meaning of the Criminal Code;
(iv) medical, surgical or other recognized remedial care or treatment that is considered essential by a duly qualified medical practitioner has not been or is not likely to be provided to the child;
(v) the child’s development is likely to be seriously impaired by failure
to remedy a mental, emotional or developmental condition; or
(vi) the child has been exposed to interpersonal violence or severe
domestic disharmony that is likely to result in physical or emotional
harm to the child;
What can an officer do with a warrant?
In a warrant issued pursuant to subsection (1), the justice of the peace or judge may do one or more of the following:
(a) authorize an officer or peace officer named in the warrant to enter premises specified in the warrant and to search for the child;
(b) require a person to disclose the location of the child;
(c) require a person to allow the officer or peace officer to interview or to visually examine the child or to do both;
(d) authorize the officer or peace officer to take the child away from the premises for an interview or a medical examination;
(e) authorize a duly qualified medical practitioner or other health care provider to examine the child.
T / F ?
Children can only be apprehended with a warrant.
If an officer or peace officer concludes, on reasonable and probable grounds, that a child is in need of protection and at risk of incurring serious harm, the officer
or peace officer shall:
(a) take all reasonable steps that he or she considers necessary to provide for the safety or welfare of the child, including, in the case of an officer, the offer of family services where practicable; or
(b) where no other arrangements are practicable, apprehend the child and remove the child to a place of safety.
(2) If a peace officer apprehends and removes a child pursuant to subsection (1), the peace officer shall immediately report the matter to an officer, and that officer
is to be responsible for the care of the child.
T / F
A child must be one ( 1) week old to be voluntarily committed to the ministry.
FALSE
46(1) Subject to subsections (2) and (3), a parent may voluntarily commit his or her child to the minister.
(2) A voluntary committal pursuant to subsection (1) is to be:
(a) made on a form supplied by the ministry or an agency, as the case may require; and
(b) subject to section 49, signed by each parent and the director.
(3) No voluntary committal pursuant to this section is to be made until the child is at least 72 hours old.
(4) Repealed. 2004, c5, s.2.
(5) Except as provided in sections 49 and 50, a voluntary committal made pursuant
to this section is not revocable.
(6) A parent who is under the age of 18 years may voluntarily commit his or her child to the minister pursuant to this section, and that voluntary committal is as
valid and effectual as if the parent was 18 years of age.
T / F ?
A child can be returned within 21 days?
TRUE
If a child has been voluntarily committed to the minister pursuant to section 46, the voluntary committal may be revoked by the parent who made it by delivering to a director a written notice of revocation:
(a) at any time within 21 days after the day on which the voluntary committal was signed
