Child And Family Services Act Flashcards
CHILD AND FAMILY SERVICES ACT
APPREHENSION WITHOUT WARRANT:
A child protection worker who believes on reasonable and probable grounds that,
> A child is in need of protection; and
there would be a substantial risk to the child’s health or safety during the time necessary to bring the matter on for hearing under subsection 47(1) or to obtain a warrant under subsection (2).
may without a warrant bring the child to a place of safety
Right of Entry
> A child protection worker who believes on reasonable and probable grounds that a child referred to in subsection (7) is on any premise may without a warrant enter the premise, by force, if necessary, and search for and remove the child.
Police Assistance
> A child protection worker acting under this section may call for the assistance of a peace officer s. 40(8).
Peace officer has powers of child protection worker
> subsections (2),(6),(7),(10),(11) and (12) apply to a peace officer as if the peace officer were a child protection worker.
Subsection (2) is: warrant to apprehend a child and bring to a place of safety.
a) RPG child in need of protection; and
b) a less restrictive course of action is not available or will not protect the child adequately.
Subsection (6) is: Authority to enter
A child protection worker authorized to bring a child to a place of safety by a warrant issued or an order made may at anytime enter any premises specified in the warrant or order, by force if necessary, and may search for and remove the child.
Subsection (7) is: Apprehension Without Warrant
RPG child in need of protection; and
There would be a substantial risk to the child health or safety during the time necessary to bring the matter on for a hearing or to obtain a warrant.
Subsection (10) is: Place of open temporary detention
Where a child protection worker who brings a child to a place of safety under this section believes on reasonable and probable grounds that no less restrictive course of action is feasible, the child maybe detained in a place of safety that is a place of open temporary detention as defined in the youth justice.
Subsection (11) is: Right of entry
RPG a child is on the premise referred to in subsection (7) (apprehension without warrant) may without a warrant enter any premise by force if necessary and search for and remove the child.
Answer contained in first slide
CHILD AND FAMILY SERVICES ACT
APPREHENSION OF A CHILD UNDER 12:
Section 42(1). A peace officer who believes reasonable and probable grounds that a child actually or apparently under 12 years of age has committed an act in respect of which a person 12 years of age or older could be found guilty of an offense may apprehend the child without a warrant and on doing so,
a) shall return the child to the child’s parent or other person having charge of the child as soon as practicable or
b) where it is not possible to return the child to the parent or other person within a reasonable time, shall take the child to a place of safety to be detained there until a child can be returned to the parent or other person.
Answer on front
CHILD AND FAMILY SERVICES ACT
POLICE MAY TAKE A CHILD FOR SECURE TREATMENT-APPREHENSION OF CHILD WHO LEAVES
Where child who has been admitted to a secure treatment program leaves the facility in which the secure treatment program is located without the consent of the administrator, a peace officer may apprehend the child with or without a warrant and return the child to the facility.
Answer on front
FAMILY AND CHILDREN SERVICES ACT
APPREHENSION OF CHILD IN CARE WITHOUT WARRANT:
A peace officer on RPG that a child who is actually or apparently the age of 16 years and has left or been removed from a society’s lawful care and custody without its consent and there would be a substantial risk to the child’s health or safety during the time necessary to obtain a warrant, may without a warrant bring the child to a place of safety.
Answer on front.
CHILD AND FAMILY SERVICES ACT
WARRANT TO APPREHEND RUNAWAY CHILD
A justice of the peace make issue a warrant authorizing a peace officer or child protection worker to apprehend the child if the justice of the peace is satisfied on the basis of the sworn information of the child that:
a) The child is under the age of 16 years
b) The child has withdrawn from the parents care and control without the parents consent and;
c) The parent believes on reasonable and probable grounds that the child’s health or safety may be at risk if the child is not apprehended
Answer on front
CHILD AND FAMILY SERVICES ACT
DUTIES TO REPORT CHILD IN NEED OF PROTECTION
A person who performs professional or official duties with respect to children, has reasonable grounds to suspect one of the following, the person shall forthwith report the suspicion and information on which it is based on to the society
- The child has suffered physical harm, inflicted by the person having charge of the child or caused by or resulting from that persons;
a) failure to adequately care for, provide for, supervise or protect the child, or
b) pattern of neglect in caring for, providing for, supervising or protecting the child - There is a risk that the child is likely to suffer physical harm inflicted by the person having charge of the child or caused by or resulting from that persons;
a) failure to adequately care for, provide for, supervise or protect the child, or
b) pattern of neglect in caring for, providing for, supervising or protecting the child - The child has been sexually molested or sexually exploited, including by child pornography, by the person having charge of the child or by another person where the person having charge of the child knows or should know of the possibility of sexual molestation or sexual exploitation and fails to protect the child.
- There is a risk that the child is likely to be sexually molested or sexually exploited as described in paragraph 3
- The child requires medical treatment to cure, prevent or alleviate physical harm or suffering and the child’s parent or the person having charge of the child does not provide, or refuses or is unavailable or unable to consent to, the treatment
- The child has suffered emotional harm, demonstrated by serious,
a) anxiety
b) depression
c) withdrawal
d) self-destructive or aggressive behavior, or
e) Delayed development
And there are reasonable grounds to believe that the emotional harm suffered by the child results from the actions, Failure to act or pattern of neglect on the part of the child’s parent or the person having charge of the child.
- The child has suffered emotional harm of the kind described above and the child’s parent or the person having charge the child does not provide, or refuses or is unwilling or unable to consent to, services or treatment to remedy or alleviate the harm.
- There is a risk that the child is likely to suffer emotional harm of the kind described above resulting from the actions, failure to act or pattern of neglect on the part of the child’s parent or person having charge of the child.
- There is a risk of the child is likely to suffer emotional harm of the kind described above and at the child’s parent or person having charge the child does not provide, or refuses or is unavailable or unable to consent to, services or treatment to prevent the harm.
- The child suffers from a mental, emotional or developmental condition that, if not remedied, could seriously impaired a child development if the child’s parent or the person having charge of the child does not provide, refuses or is unavailable or unable to consent to, treatment to remedy or alleviate the condition.
- The child has it been abandoned, the child’s parent has died or is unavailable to exercise his or her custodial rights over the child and has not made adequate provision for the child care and custody, or the child is in a residential placement and the parent refuses or is unable or unwilling to resume the child care and custody.
- The child is Less than 12 years old and has killed or seriously injured another person or causes serious damage to another person’s property, services or treatment is necessary to prevent a reoccurrence and the childs parent or the person having charge of the child does not provide, or refuses or is unavailable or unable to consent to, those services or treatment.
- The child is less than 12 years old and has on more than one occasion injured another person or caused loss or damage to another person’s property, with the encouragement of the person having charge of the child or because of that person’s failure or inability to supervise the child adequately.
- In addition to the duty to report any person who reasonably believes that a representation or material is, or might be, child pornography show promptly report the information to an organization, agency or person does designated by regulation.
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CHILD AND FAMILY SERVICES ACT
PLEASE MAY TAKE CHILD HOME OR TO PLACE OF SAFETY
Where a child who is actually or apparently less than 16 years of age is in a place to which the public has access between the hours of the midnight and 6 AM and is not accompanied by a person described a peace officer may apprehend the child without a warrant and proceed as if the child has been apprehended under subsection 42 (1).
Allowing child to loiter, etc.
(5)No parent of a child less than sixteen years of age shall permit the child to,
(a) loiter in a public place between the hours of midnight and 6 a.m.; or
(b) be in a place of public entertainment between the hours of midnight and 6 a.m., unless the parent accompanies the child or authorizes a specified individual eighteen years of age or older to accompany the child.
Answer on front
CHILD AND FAMILY SERVICES ACT
DEFINITIONS
Sc. 37(1) CFSA
•Child - actually or apparently under the age of 16 years
•Child Protection Worker – Director/local director or a person authorized by a Director or local director for the purposes of commencing child protection proceedings – can be a Peace Officer
•Place of Safety - a foster home, a hospital, and a place or one of a class of places designated by a Director
BUT does not include:
- a place of secure custody or a place of secure temporary custody
Answer on Front
CHILD AND FAMILY SERVICES ACT
APPREHENSION OF A CHILD IN NEED OF PROTECTION
- WITH WARRANT - Section 40(2) CFSA:
Justice of the peace issues warrant authorizing a child protection worker or peace officer to bring the child to a place of safety.
Both peace officers and child protection workers may at any time enter the premises specified on the warrant by force if necessary to search for and remove the child (Authority is Sc. 40(6) CFSA)
ANSWER ON FRONT
CHILD AND FAMILY SERVICES ACT
APPREHENSION OF A CHILD IN NEED OF PROTECTION
WITHOUT WARRANT - Section 40(7) CFSA:
A child protection worker or peace officer who believes on RPG that
- child is in need of protection, AND
- there would be substantial risk to the child’s health or safety during the time to obtain a warrant, MAY
- without a warrant bring the child to a place of safety.
If both peace officers and/or child protection worker believes the child would be at risk during the time to obtain a warrant may without a warrant enter the premises, by force if necessary, and search for and remove the child
(Authority is Sc. 40(11) CFSA)
ANSWER ON FRONT
CHILD AND FAMILY SERVICES ACT
APPREHENSION OF A CHILD IN CARE
WITH WARRANT - Sc. 41(1) CFSA:
A Justice of the Peace may issue a warrant based on sworn information authorizing a child protection worker or peace officer to bring a child to a place of safety.
Both peace officers and child protection workers may at any time enter the premises specified on the warrant by force if necessary to search for and remove the child. (Authority Section 44(1) CFSA)
ANSWER ON FRONT
CHILD AND FAMILY SERVICES ACT
APPREHENSION OF A CHILD IN CARE
WITHOUT WARRANT - Sc. 41(4) CFSA:
A peace officer or child protection worker who believes on RPG:
- that a child is actually/apparently under 16 years AND
- has left/been removed from society’s lawful care/custody without consent AND
- substantial risk to child’s health/safety during the time to obtain a warrant MAY
- WITHOUT WARRANT bring child to place of safety
Both peace officers and/or child protection workers authorized to act under Section 41(4) CFSA, may, without a warrant, enter the premises by force, if necessary, and search for and remove the child. (Authority Section 44(2) CFSA)
ANSWER ON FRONT
CHILD AND FAMILY SERVICES ACT
APPREHENSION OF A CHILD UNDER 12
Sc. 42(1) CFSA
Peace officer has authority to apprehend a person under twelve years of age if RPG:
- Child committed offence that person twelve or older could be found guilty of
- An officer may without a warrant enter any premises he/she believes on RPG that this child is in to apprehend child (Authority Section 44(2) CFSA)
IF you apprehend a child under 12 years you must:
- return the child to parents ASAP OR
- other person having charge of the child OR
- if parent/person in charge not possible take child to a place of safety until returned to parent/person in charge.
ANSWER ON FRONT
CHILD AND FAMILY SERVICES ACT
APPREHENSION OF A RUNAWAY CHILD
Sc. 43(2) CFSA
Parents often request assistance from Officers on what options they have in order to get their runaway child home. You can advise the parent that they may attend to a Justice of the Peace at Walkerton Provincial Court to obtain a warrant to apprehend their child.
Parent must show the Justice of the Peace that:
1) child is under 16 years of age
2) child has withdrawn from parents care and control without their consent AND
3) parent believes on RPG that the child’s health or safety may be at risk.
IF Justice of the Peace issues Apprehension Warrant:
- peace officer or child protection worker is authorized to apprehend a runaway child.
- apprehended child must be returned to the parent, or if not possible a place of safety ASAP.
ANSWER ON FRONT
CHILD AND FAMILY SERVICES ACT
APPREHENSION OF A CHILD UNDER 16 YEARS Sc. 79(6) CFSA
Police Officer MAY apprehend a child:
- where a child who is actually or apparently less than sixteen years of age
- in a public place between Midnight and 6am AND
- not accompanied by a parent/person in charge, MAY
- apprehend the child without a warrant
Apprehended child must be returned to parent/person in charge ASAP, of if not possible a place of safety.
Answer on Front
