Prov Law - Child, Youth and Family Services Act

Question 1

Purpose of the CYFSA

Answer 1

• Focus on protective, rather than punitive

Question 2

s. 136(1)

ABUSE - DEFN
3

Answer 2

1 - physically harmed
2 - sexually molested
3 - sexually exploited

Question 3

s. 2(1)

Child - DEFN

Answer 3

under 18 years old

Question 4

Society - DEFN

Answer 4

• Means an approved agency designated as a children’s aid society

Question 5

Place of Safety (3)
+
What it does not include (3)

Answer 5

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

Question 6

Child in Need of Protection

8

Answer 6

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

Question 7

s. 125(1)

Duty to Report
3

Answer 7

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

Question 8

s. 125(2)

Ongoing Duty to Report - DEFN

Answer 8

Additional grounds, SHALL make further report

Question 9

s.125(3)

Person must report directly
2

Answer 9

1 - SHALL make report directly to society

2 - SHALL NOT rely on any other person to report on his/her behalf

Question 10

s. 125(4)

Failure to Report suspicion - DEFN

Answer 10

Where information obtained in course of professional /official duties shows that a person failed to report suspicion

Question 11

Apprehension W/O Warrant

4

Answer 11

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

Question 12

Right of Entry - W/O Warrant

Answer 12

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

Question 13

s. 81 (13)

Protection from Liability - DEFN

Answer 13

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

Question 14

Assistance - DEFN

Answer 14

Child protection worker may call assistance of a PO

Question 15

Curfew - DEFN

3

Answer 15

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

Question 16

s. 81(7)

Child in Need of Protection - Apprehension W/O Warrant
4

Answer 16

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

Question 17

136(5)
Apprehension Child Under 16: In public place btwn 12-6am
CURFEW
(4)

Answer 17

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

Question 18

s. 84 (1)
Child under 12 Commits Offence
(4)

Answer 18

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

Question 19

Provision for Supervision

DEFN

Answer 19

No one having charge of child under 16 yrs SHALL leave the child without proper supervision and care that is reasonable under the circumstances

Question 20

s. 81(2)

Warrant to Apprehend Child in need of Protection
5

Answer 20

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

Question 21

s. 85(1)(2)(3)

Warrant to Apprehend Runaway Child
5

Answer 21

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

Question 22

s. 136 (1)

Abuse - DEFN
3

Answer 22

is a state or condition of being:
1 - Physically harmed
2 - Sexually molested
3 - Sexually exploited

Question 23

s. 136 (2)(a)

Inflict Abuse - DEFN

Answer 23

No person having charge of a child SHALL inflict abuse on a child

Question 24

s. 136(2)(b)

Fail to Care/Supervise
2

Answer 24

No person having care of child SHALL

1 - fail to provide and supervise child adequately
2 - permit the child to suffer abuse

Question 25

s. 43

Correction of a Child by Force
A+B+C+D+E

Answer 25

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