Provincial Statutes Final

Question 1

Place of Safety

Answer 1

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

Question 2

PURPOSE OF CYFSA

Answer 2

PURPOSE OF CYFSA: Focus is protective, rather than punitive

Question 3

Definition of Abuse

Answer 3

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

Question 4

definition of Child under the CYFSA

Answer 4

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

Question 5

Definition of Society

Answer 5

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

Question 6

Voluntary Patient definition

Answer 6

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

Question 7

Informal Patient

Answer 7

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

Question 8

Definition of Involuntary Patient

Answer 8

INVOLUNTARY PATIENT

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

Question 9

Definition of a Mental Disorder

Answer 9

MENTAL DISORDER

Any disease or disability of the mind

Question 10

Definition of Officer in Charge

Answer 10

OFFICER IN CHARGE

Officer responsible for the administration and management of a psychiatric facility

Question 11

what is a Child in need of protection

Answer 11

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

Question 12

What age is considered a child?

Answer 12

younger than 18 years

Question 13

Place of safety

Answer 13

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

Question 14

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

Answer 14

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

Question 15

When can you apprehend a child without a warrant?

Answer 15

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)

Question 16

Apprehension W/O Warrant of childin need of protection

Answer 16

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

Question 17

Right of Entry W/O Warrant for child protection

Answer 17

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

Question 18

Duty to report

Answer 18

•Duty to Report

• any person
• onus on professional/official duties

Question 19

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

Answer 19

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

Question 20

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

Answer 20

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

Question 21

Place of safety

Answer 21

Foster home
Hospital
Place designated as such by director / CS

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

Question 22

Order for exclusive possession via family law

Answer 22

Court may on application order

preservation of matrimonial home

direct one spouse to be given exclusive possession

Question 23

Arrest authorities under Family Law

Answer 23

RPG person contravened for exclusive possession

Disobey court order / restraining order

Question 24

Difference between Order of Exclusive Possession and Restraining Order

Answer 24

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