Provincial Statutes Final Flashcards

1
Q

Place of Safety

A

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

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2
Q

PURPOSE OF CYFSA

A

PURPOSE OF CYFSA: Focus is protective, rather than punitive

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3
Q

Definition of Abuse

A

ABUSE: means a state or condition of being physically harmed, sexually molested or sexually exploited (s. 136(1) CYFSA)

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4
Q

definition of Child under the CYFSA

A

CHILD: person actually or apparently under 18 years (s. 2(1) CYFSA)

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5
Q

Definition of Society

A

SOCIETY: means an approved agency designated as a children’s aid society

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6
Q

Voluntary Patient definition

A

VOLUNTARY PATIENT
Admitted on recommendation of physician Not detain/restrained
• Chooses to be admitted and can leave anytime

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7
Q

Informal Patient

A

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

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8
Q

Definition of Involuntary Patient

A

INVOLUNTARY PATIENT

Person detained in a psychiatric facility under a certificate of involuntary admission or certificate of renewal

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9
Q

Definition of a Mental Disorder

A

MENTAL DISORDER

Any disease or disability of the mind

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10
Q

Definition of Officer in Charge

A

OFFICER IN CHARGE

Officer responsible for the administration and management of a psychiatric facility

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11
Q

what is a Child in need of protection

A

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

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12
Q

What age is considered a child?

A

younger than 18 years

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13
Q

Place of safety

A

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

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14
Q

What is considered for a child to be in need of protection

A

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
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15
Q

When can you apprehend a child without a warrant?

A

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)

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16
Q

Apprehension W/O Warrant of childin need of protection

A

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

17
Q

Right of Entry W/O Warrant for child protection

A

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

18
Q

Duty to report

A

•Duty to Report

  • any person
  • onus on professional/official duties
19
Q

What curfew is in effect for children, what age and between what time?

A

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

20
Q

For children under 16 what conditions must exist to apprehend W/O warrant?

A

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

21
Q

Place of safety

A

Foster home
Hospital
Place designated as such by director / CS

Does not include place of temp detention
open custody or secure custody

22
Q

Order for exclusive possession via family law

A

Court may on application order

preservation of matrimonial home

direct one spouse to be given exclusive possession

23
Q

Arrest authorities under Family Law

A

RPG person contravened for exclusive possession

Disobey court order / restraining order

24
Q

Difference between Order of Exclusive Possession and Restraining Order

A

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