Prov Law - Child, Youth and Family Services Act Flashcards
Purpose of the CYFSA
- Focus on protective, rather than punitive
s. 136(1)
ABUSE - DEFN
3
1 - physically harmed
2 - sexually molested
3 - sexually exploited
s. 2(1)
Child - DEFN
under 18 years old
Society - DEFN
- Means an approved agency designated as a children’s aid society
Place of Safety (3)
+
What it does not include (3)
1 - Foster home
2 - Hospital
3 - Place not designated as such by a Director
DOES NOT INCLUDE
- a place of secured custody
- place of secure temp detention
- police station or school
Child in Need of Protection
8
1 - Physical harm 2 - Sexually molested/exploited 3 - Requires medical treatment 4 - Emotional harm 5 - Mental, emotional, developmental condition 6 - Abandoned 7 - Under 12 years: offences (kill, SBH, Serous damage to property) 8 - Parent surrenders custody
s. 125(1)
Duty to Report
3
1 - A person including a professional or official duties with respect to children
2 - HAS RG to Suspect a child in need of protection
3 - Forthwith report the suspicion and the information in which it is based to a society
s. 125(2)
Ongoing Duty to Report - DEFN
Additional grounds, SHALL make further report
s.125(3)
Person must report directly
2
1 - SHALL make report directly to society
2 - SHALL NOT rely on any other person to report on his/her behalf
s. 125(4)
Failure to Report suspicion - DEFN
Where information obtained in course of professional /official duties shows that a person failed to report suspicion
Apprehension W/O Warrant
4
1 - Under 12, Commits offence s. 84(1) 2 - Under 16 - in need of protection s. 81(7) 3 - Under 16 - where public has access btwn 12-6am without authorized adult at least 18 years old s. 136(5) 4 - Absent without Leave (AWOL) - from temp detention, open custody s.153
Right of Entry - W/O Warrant
Child protection worker for on R&PG believes a child to be apprehended W/O warrant is on any premises
MAY ENTER
the premise W/O warrant warrant by force if needed, search for and remove child
s. 81 (13)
Protection from Liability - DEFN
NO action against a PO or child protection worker for acting in good faith in the execution or intended execution of duty under this section
Assistance - DEFN
Child protection worker may call assistance of a PO
Curfew - DEFN
3
No parent of child less then 16 shall permit a child to;
1 - loiter in public place between 12-6am
2 - be in a place of public entertainment between 12-6am, UNLESS
3 - parent accompaniment OR authorizes specified individual 18yr or older to accompany the child
s. 81(7)
Child in Need of Protection - Apprehension W/O Warrant
4
1 - Child protection worker (PO)ON R&PG
2 - A child in need of protection
3 - Substantial risk to health or safety if waited for warrant
4 - Apprehend W/O and bring to place of safety
136(5)
Apprehension Child Under 16: In public place btwn 12-6am
CURFEW
(4)
1 - PO finds child apparently under 16
2 - In a place of public access btwn 12-6am
3 - Without accompanied authorized person at least 18yrs
4 - MAY apprehend and take child home
s. 84 (1)
Child under 12 Commits Offence
(4)
1 - PO on R&PG
2 - Child under 12
3 - Has committed an act/offence
4 - Apprehend W/O warrant and MUST return to parent/person in charge OR to a place of safety
Provision for Supervision
DEFN
No one having charge of child under 16 yrs SHALL leave the child without proper supervision and care that is reasonable under the circumstances
s. 81(2)
Warrant to Apprehend Child in need of Protection
5
1 - On information before JP,
2 - Authorizes a child protection worker to bring child to safety
3 - R&PG
4 - Child under 16 in need of protection
5 - Less restrictive course of action is not available
s. 85(1)(2)(3)
Warrant to Apprehend Runaway Child
5
1 - Sworn information before JP
2 - Child under 16
3 - withdrawn from parents care/control
4 - R&PG child’s health or safety is as risk if not apprehended
5 - authorizes CAS/PO to apprehend and return child to parents or to place of safety
s. 136 (1)
Abuse - DEFN
3
is a state or condition of being:
1 - Physically harmed
2 - Sexually molested
3 - Sexually exploited
s. 136 (2)(a)
Inflict Abuse - DEFN
No person having charge of a child SHALL inflict abuse on a child
s. 136(2)(b)
Fail to Care/Supervise
2
No person having care of child SHALL
1 - fail to provide and supervise child adequately
2 - permit the child to suffer abuse
s. 43
Correction of a Child by Force
A+B+C+D+E
A- Every schoolteacher, parent, or person standing in the place of a parent
B - Justified in using force
C- For correction
D- Against a child/pupil under their care
E - Force does not exceed what is reasonable
