Child, Youth and Family Services Act Flashcards
Purpose
focus is protection/well-being of children, not punitive
Child
A person under the age of eighteen years – section 2(1), CYFSA.
In need = under 18, apprehend with/without warrant = under 16
Place of Safety
A foster home, a hospital, a person’s home that satisfies the requirements of subsection (4) or a place or one of a class of places designated as a place of safety by a Director
- but DOES NOT INCLUDE a place of temporary detention, of open custody or of secure custody, such as a police station or a school – section 74(1), CYFSA.
Child In Need of Protection
The following conditions exist:
- physical harm – harm inflicted by person in charge of chid, failure to care for child, pattern of neglect
- sexually molested / exploited – risk that child is likely to be sexually abused
- requires medical treatment – person in charge doesn’t provide treatment to child
- emotional harm – RGs that emotional harm is result of neglect of parent
- mental, emotional, developmental condition
- abandoned
- under 12 years: serious offences – child killed or seriously injured someone and parent doesn’t provide services
- parent surrenders custody
- 16 or 17 with prescribed condition
Duty to Report
- If a person, including a person who performs professional or official duties with respect to children
- Has reasonable grounds to SUSPECT a child in need of protection
- Person SHALL forthwith report the suspicion and the information in which it is based to a society
*Includes: teacher, social worker, peace officer, solicitor, youth/recreation worker
Ongoing Duty to Report
- Additional grounds – shall make further reports at further incidents
- Person must report directly – SHALL make report directly to society and SHALL NOT rely on any other person to report on his/her behalf
Offences
S. 125 (5) – person is guilty of offence if fail to report and information was obtained in course of professional/official duties
Only professionals held to this standard
Under 12, Committing Offence - Apprehension without Warrant
- PEACE OFFICER on R&PG
- Child under 12 has committed an act/offence – murder/injured, damage, services required, more than one occasion
- May apprehend without warrant
- Must return child to parent/person having charge as soon as practicable OR
- To a place of safety until returned
Under 16 Child in Need of Protection - Apprehension w/o Warrant
- Child protection worker (Police officer)
- On R&PG child in need of protection AND substantial risk to health or safety if waited for a hearing or warrant;
- May apprehend w/o warrant & bring to place of safety
Under 16, Child in Care of Case - Apprehension w/o Warrant
- P.O or Child care worker on R&PG
- Child under 16 has left or been removed from CAS care (usually when children at facility go AWOL) AND
- Substantial risk to child’s health or safety if waited to obtain warrant
- May apprehend w/o warrant & bring to a place of safety
Under 16, Out in Public 12am-6am - Apprehension w/o Warrant
- PEACE OFFICER finds Child under 16
- In a place to which the public has access between midnight and 6am
- Not accompanied by authorized 18 yr old
- P.O may apprehend and take home or to a place of safety, no right to entry
Curfew
- NO parent of child less than 16 SHALL permit the child to
- Loiter in a public place between midnight and 6a.m; OR
- Be in a place of public entertainment between midnight and 6am
- Unless the parent accompanies the child or authorizes a specified individual 18 or older to accompany the child
Absent from Temporary Detention
- Young person (12-15)
- Detained in temporary detention for having committed an offence
- Leaves without consent AND fails or refuses to return
- P.O with R&PG may apprehend with or without warrant AND
- Take person to place of temporary detention or arrange for return (NOT place of safety)
Absent from Open Custody
- P.O, person in charge of open custody or delegate on R&PG can apprehend w/o warrant if
- Young person 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
Absent without Leave - AWOL
Absent Without Leave (AWOL) from:
- Temporary Detention (remanded offenders) 153(1)
- Those who are charged with an offence
Open Custody (sentenced offenders) - 153(2)
- Those who have been convicted of an offence
Police/Child Protection Worker Authorities
(in need of protection, authorized to enter, substantial risk to child’s health and safety, enter- search and remove) apply to peace officer as if the peace officer were a child protection worker
Right of Entry W/O Warrant
- Child protection worker who on R&PG believes a child to be apprehended W/O warrant is on any premises
- May enter the premises w/o warrant (by force if necessary)
- And search for and remove child
Protection from Liability
Peace officers or child protection workers are protected for act done in good faith in the execution or intended execution of duty under this section s. 81(13) CYFSA
Provision for Supervision
No person having charge of child less than 16
Shall leave the child without making provision for supervision and care that is reasonable in the circumstance
Onus - child less than 10
- Child who is less than 10
- Onus of establishing that the person made reasonable provision rests with the person
Correction of Child By Force
- Every schoolteacher, parent, person standing in place of parent
- Justified in using force for correction
- Against a child/pupil under their care IF
- Force does not exceed what is reasonable in circumstances
- Conditions
- Must be able to establish the above elements in order for s. 43 CC to apply.
- Child must be able to understand what they are being corrected for
- Reasonable in the circumstances is based on an objective test based on the totality of the circumstances
Apprehension W/ Warrant
- A child in need of protection
- a child in care of CAS ( removed from CAS and needs protection)
- Runaways (return to parents or place of safety)
- Absent Without Leave from Temp Detention or Open Custody
Charges & Penalties
Inflict Abuse
- person having charge of child shall inflict abuse on child
Fail to Care/Supervise
- permit child to suffer OR
- permit child to suffer from mental, emotional or developmental condition that, if not remedies, could seriously impair the child’s development
$5000 and/or 1 year imprisonment
Child Abuse: $5000 and/or 2 years
Publication of Identifying Info: $10,000 and/or 3 years
