Provincial Statutes Final Flashcards
Place of Safety
PLACE OF SAFETY:
A foster home A hospital
A place designated as such by a Director
BUT DOES NOT INCLUDE:
• A place of secured custody (defined in Part IV Young Offenders)
• Place of secure temporary detention (defined in Part IV)
• Police station nor school
PURPOSE OF CYFSA
PURPOSE OF CYFSA: Focus is protective, rather than punitive
Definition of Abuse
ABUSE: means a state or condition of being physically harmed, sexually molested or sexually exploited (s. 136(1) CYFSA)
definition of Child under the CYFSA
CHILD: person actually or apparently under 18 years (s. 2(1) CYFSA)
Definition of Society
SOCIETY: means an approved agency designated as a children’s aid society
Voluntary Patient definition
VOLUNTARY PATIENT
Admitted on recommendation of physician Not detain/restrained
• Chooses to be admitted and can leave anytime
Informal Patient
INFORMAL PATIENT
Person who I s a patient in a psychiatric facility under consent of another person who is entitled to give or refuse consent to treatment on his/her behalf
• Chooses to be admitted and can leave at anytime
Definition of Involuntary Patient
INVOLUNTARY PATIENT
Person detained in a psychiatric facility under a certificate of involuntary admission or certificate of renewal
Definition of a Mental Disorder
MENTAL DISORDER
Any disease or disability of the mind
Definition of Officer in Charge
OFFICER IN CHARGE
Officer responsible for the administration and management of a psychiatric facility
what is a Child in need of protection
CHILD IN NEED OF PROTECTION (Summary)
Physical harm
Sexually molested/exploited Requires medical treatment
Emotional harm
Mental, emotional, developmental condition
Abandoned
Under 12 years: offences (kill, seriously bodily harm, or serious damage to property)
Parent surrenders custody
What age is considered a child?
younger than 18 years
Place of safety
Place of Safety
- a foster home,
- a hospital, and
- a place designated as such by a Director but does not include,
- a place of temporary detention, •of open custody
“place of safety” does not include:-a police station or a school
What is considered for a child to be in need of protection
Child in Need of Protection
- physical harm
- sexually molested / exploited
- requires medical treatment
- emotional harm
- mental, emotional, developmental condition
- abandoned
- Under 12 yrs: offences•parent surrenders custody
When can you apprehend a child without a warrant?
CHILD APPREHENSIONS WITHOUT Warrant
- Under 12 yrs, Commits Offence (Fed or Prov) -s.84(1)
- Under 16 yrsin Need of Protection -s.81(7)
- Under 16 yrsin Care of CAS (Left or Removed”)-ss. 83(4)
- Under 16 where public has access -btwn12-6 AM-without authorized adult at least 18years old –ss. 136(5)
- Absent Without Leave (AWOL) from:
▪Temporary Detention (remanded offenders) -ss.153(1)
▪Open Custody (sentenced offenders) -ss.153(2)
Apprehension W/O Warrant of childin need of protection
Apprehension W/O Warrant-Child In Need of Protection
Child Protection Worker (incl. P.O.);
On R&PG child in need of protection
AND Substantial Risk to health or safety if waited for a hearing or warrant;
May apprehend achild UNDER 16w/o warrant & bring to a place of safety
Right of Entry W/O Warrant for child protection
Right of Entry -W/O Warrant
child protection worker who on R & PG believes a child to be apprehended W/O warrant(under sec 7) is on any premises
may enterthe premises w/o warrant (by force, if necessary)
and searchfor and remove(achild UNDER 16yrs)subsection 81 (10) CFSA
Duty to report
•Duty to Report
- any person
- onus on professional/official duties
What curfew is in effect for children, what age and between what time?
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
For children under 16 what conditions must exist to apprehend W/O warrant?
UNDER 16: OUT IN PUBLIC 12AM – 6AM – APPREHENSION W/O WARRANT
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
Place of safety
Foster home
Hospital
Place designated as such by director / CS
Does not include place of temp detention
open custody or secure custody
Order for exclusive possession via family law
Court may on application order
preservation of matrimonial home
direct one spouse to be given exclusive possession
Arrest authorities under Family Law
RPG person contravened for exclusive possession
Disobey court order / restraining order
Difference between Order of Exclusive Possession and Restraining Order
Order of Exclusive Possession deals with property
- Arrest on RPG
- Proceed with Part 3
Restraining Order deals with persons
- Arrest/Charge if contravene
- Criminal offence
