Child and Family Services Act Flashcards
What is the age of child under the (Child and Family Service Act (CFSA)
under 18 years
What is the age of a child for “Child in need of protection” = actually or apparently
under 16 years of age
In reference to Child in need of protection what age is a child when they are a ward of CAS ?
includes 16 & and;17 years old
What causes a chid to be in “need of protection?”
Physical harm, sexually molested / exploited, requires medical treatment, emotional harm, mental, emotional, developmental condition, abandoned, parent surrenders custody, under 12 years commits offences
- more than one occasion harmed/ caused damage to others property with encouragement of parents/person in charge
- kills, seriously injuries,causes serious damage to others property where parents/person in charge fails,refuse/unable to consent to child’s treatment
What is a place of safety?
Foster home, hospital, place designated by director
Does not include a place of secure temporary detention or custody
Police station NOT technically a place of safety but may be interim place taken until place of safety is determined
General duty to report
S.72(4) CFSA - Failure to report suspicion
Everyone to report suspicions to CAS FORTHWITH
Professionals or officials duties with respect to children
Provisions for the supervision of children in the absence of parents/guardians
If under 16 years old provisions for reasonable supervision must be made
If under 10 years old the onus that reasonable supervision was provided rest with the person (parent)
what is abuse?
a state or condition of being physically harmed, sexually molested or sexually exploted
CFSA apprehensions without warrant
- Child in Need of protection (RPG Need protection &substantial risk)
- Under 12 committing offence
(RPG under 12 offence, return to parent/place of safety) - Out in public midnight
(12am-6am, without an authorized adult)
CFSA apprehensions with warrant
- A child in Need
- RPG child in need of protection
- less restrictive course of action is not available or will not protect child - Runaway
- child under 16
- withdrawn from parents care or control
- RPG Childs health or safety at risk if not apprehended - Child in care
- AWOL from CAS care and child in need of protection
- child under 16
Offence
A person who contravenes an order for exclusive possession is guilty of an offence and upon conviction is liable 24(5) CFSA
- (1st offence) no more than $5000 or/and 3 months
2. (2nd) $10,000 or/and 2 years
Arrest without warrant for CFSA 24(6)
A police officer may arrest without warrant a person the police officer believes on reasonable and probable grounds to have contravened an order for exclusive possession
Restraining order before October 15, 2009
46(1) CFSA
On application, a court may make an interim or final order restraining the applicant’s spouse or former spouse from molesting, annoying or harassing the applicant or children in the applicant’s lawful custody, or from communicating with the applicant or children, except as the order provides, and may require the applicant’s spouse or former spouse to enter into the recognizance that the court considers appropriate.
Restraining order after October 15, 2009
Disobey Court order Section 127 C.C
Child in Need of protection -Apprehension w/o warrant
- Child Protection worker (Police Officer)
- RPG child in need of protection AND substantial risk to health or safety if waited for a hearing or warrant
- May apprehend w/o warrant and bring to place of safety
Right of Entry - w/o warrant
- Child protection worker who on RPG believes a child to be apprehended w/o is on any premises
- may enter the premises w/o warrant (by force if necessary)
- and search for and remove child
Under 12 committing offence- w/o warrant
- Police Officer on RPG
- Child under 12 has committed an act/offence
- May apprehend without warrant
a. must return child to parent/person having charge as soon as practicable or
b. to a place of safety until returned
Apprehension - Under 16: Out in public midnight to 6am
- Child under 16
- In a place to which the public has access
- Between midnight and 6am
- Not accompanied by authorized 18
a. Police Officer may apprehend and take home or to a place of safety.
Warrant to apprehend “Child in Need”
- Sworn information of Child Protection Worker before JP
- Authorizing to bring child to place of safety if
a. on R&PG
b. Child in need of protection
c. Less restrictive course of action is not available or will not protect child
Warrant to apprehend “Runaway”
- Sworn information of Child Protection Worker before JP
a. Child is under 16
b. withdrawn from parents care or control
c. R&PG child’s health or safety at risk if not apprehended - Authorizing P.O &CAS worker to apprehend and return child to parents
- Alternatively, a place of safety, with notice to parent for return
Warrant to apprehend “Child in Care”
- Sworn information of Child Protection Worker before JP
a. Child under 16
b. AWOL from CAS care and
c. Child in need of protection - authorizing P.O to bring child to place of safety
Apprehend Child in Care w/o warrant
-P.O or CAS worker on RPG
-Child under 16 has left or been removed from care
-Substantial risk to child’s health or safety
may apprehend w/o warrant
Absent from Open Temporary Detention (Non-Offender)
- Child detained in Open Temporary detention
- Leaves without consent
a. society having custody
b. person in charge of facility - P.O person in charge or delegate
- may apprehend without warrant
a. take child to place of safety to be detained until return to place child left OR
b. arrange for or return to place child left
Absent from temporary detention (Offenders)
- Young Person (12-15)
- Detained in temporary detention for having committed an offence
- leaves without consent and fails or refuses to return
a. P.O with R&PG may apprehend with or without warrant AND
b. Take person to place of temporary detention or arrange for return (NOT place of safety)
Absent from Open Custody (Offenders)
-P.O Person in charge of open custody or delegate on RPG can apprehend w/o warrant if
-YP AWOL from open custody and fails or refuses to return; OR
-Fails or refuses to return upon completion of a period of temporary release
May apprehend the YP with or without warrant and take or arrange to be taken to place of open custody or temporary detention
Charges for CFSA
- Inflict abuse S.79(2)(a) CFSA
- No person having charged of child shall inflict abuse on child - Fail to Care/Supervise S.79(2)(b) CFSA
- Fail to care and provide or supervise and protect the child adequately [suffer abuse, suffer mental, emotional or developmental condition that, if not remedied, could impair the child’s development] - Allow child to loiter S.79(5) CFSA
- less than 16
- 12am-6am
- unless parents accompanies the child or individual 18 or order accompanies the child
Penalities
- Generally : $1,000 and/or 1 year imprisonment
- Child abuse : $2,000 and/or 2 years
- Publication of identifying information : $10,000 and/or 3 years
