Children's Rights - Revision history

Elena Renderos at 06:22, 9 November 2020

2020-11-09T06:22:59Z

Elena Renderos: Elena Renderos moved page Children's Rights (No. 238) to Children's Rights: Removing recording numbers from page names

2020-09-12T05:05:56Z

Elena Renderos moved page Children's Rights (No. 238) to Children's Rights: Removing recording numbers from page names

← Older revision	Revision as of 05:05, 12 September 2020
(No difference)

Drew Jackson at 22:29, 29 March 2019

2019-03-29T22:29:53Z

← Older revision		Revision as of 22:29, 29 March 2019
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	{{REVIEWEDPLS \| reviewer = [https://rcybc.ca/about-us/staff/jeff-rud Jeff Rud], Office of the Representative for Children & Youth, ~~[http://dir.gov.bc.ca/gtds.cgi?esearch=&updateRequest=&view=detailed&sortBy=name&for=people&attribute=display+name&matchMethod=is&searchString=~~Shannan+Knutson~~&objectId=140748 Shannan Knutson],~~ Ministry of Attorney General, and ~~[http://dir.gov.bc.ca/gtds.cgi?esearch=&updateRequest=&view=detailed&sortBy=name&for=people&attribute=display+name&matchMethod=is&searchString=~~Heidi+Sarrazin~~&objectId=162669 Heidi Sarrazin]~~ and ~~[http://dir.gov.bc.ca/gtds.cgi?esearch=&view=detailed&sortBy=name&for=people&attribute=name&matchMethod=is&searchString=~~Leslie+Anderson~~&objectId=145884 Leslie Anderson],~~ Ministry of Children and Family Development\|date= July 2018}} {{Dial-A-Law TOC\|expanded = children}}		{{REVIEWEDPLS \| reviewer = [https://rcybc.ca/about-us/staff/jeff-rud Jeff Rud] of the Office of the Representative for Children & Youth, Shannan Knutson of the Ministry of Attorney General, and Heidi Sarrazin and Leslie Anderson of the Ministry of Children and Family Development\|date= July 2018}} {{Dial-A-Law TOC\|expanded = children}}
	The legal rights of children vary from those of adults. Learn the rights of children in several contexts, and situations where their views are considered in decisions that affect them.		The legal rights of children vary from those of adults. Learn the '''rights of children''' in several contexts, and situations where their views are considered in decisions that affect them.

	==The rights of children==		==The rights of children==
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	:Web: [http://www.rcybc.ca/ rcybc.ca]		:Web: [http://www.rcybc.ca/ rcybc.ca]


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	{{Dial-A-Law Copyright}}		{{Dial-A-Law Copyright}}

Elena Renderos at 05:24, 29 March 2019

2019-03-29T05:24:45Z

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	{{~~Dial~~-A-~~Law Blurb~~}}		{{REVIEWEDPLS \| reviewer = [https://rcybc.ca/about-us/staff/jeff-rud Jeff Rud], Office of the Representative for Children & Youth, [http://dir.gov.bc.ca/gtds.cgi?esearch=&updateRequest=&view=detailed&sortBy=name&for=people&attribute=display+name&matchMethod=is&searchString=Shannan+Knutson&objectId=140748 Shannan Knutson], Ministry of Attorney General, and [http://dir.gov.bc.ca/gtds.cgi?esearch=&updateRequest=&view=detailed&sortBy=name&for=people&attribute=display+name&matchMethod=is&searchString=Heidi+Sarrazin&objectId=162669 Heidi Sarrazin] and [http://dir.gov.bc.ca/gtds.cgi?esearch=&view=detailed&sortBy=name&for=people&attribute=name&matchMethod=is&searchString=Leslie+Anderson&objectId=145884 Leslie Anderson], Ministry of Children and Family Development\|date= July 2018}} {{Dial-A-Law TOC\|expanded = children}}

	{{Dial-A-Law TOC\|expanded = ~~rights~~}}
	The legal rights of children vary from those of adults. Learn the rights of children in several contexts, and situations where their views are considered in decisions that affect them.		The legal rights of children vary from those of adults. Learn the rights of children in several contexts, and situations where their views are considered in decisions that affect them.

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	Generally, if a child is capable of consenting to health care, they are also capable of making a decision to refuse health care.		Generally, if a child is capable of consenting to health care, they are also capable of making a decision to refuse health care.

	For more on this topic, see our information on [[Children and Consent to Health Care (~~Script~~ 422)\|children and consent to health care (no. 422)]].		For more on this topic, see our information on [[Children and Consent to Health Care (No. 422)\|children and consent to health care (no. 422)]].

	====If they are hospitalized against their will for psychiatric treatment====		====If they are hospitalized against their will for psychiatric treatment====
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	In both cases, the child has the right to be told why they’ve been admitted and the right to contact a lawyer immediately. If they want to leave but their doctor won’t let them, the child can ask for a hearing by a review panel or court.		In both cases, the child has the right to be told why they’ve been admitted and the right to contact a lawyer immediately. If they want to leave but their doctor won’t let them, the child can ask for a hearing by a review panel or court.

	A child age 16 or older can be admitted against their will for psychiatric treatment only as an involuntary patient. To find out more about involuntary admissions, see our information on [[Hospitalizing a Mentally Ill Person (~~Script~~ 425)\|hospitalizing a mentally ill person (no. 425)]].		A child age 16 or older can be admitted against their will for psychiatric treatment only as an involuntary patient. To find out more about involuntary admissions, see our information on [[Hospitalizing a Mentally Ill Person (No. 425)\|hospitalizing a mentally ill person (no. 425)]].

	===If they are “in care”===		===If they are “in care”===
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	Provincial laws cover many other crimes, such as drinking under age, trespassing, and breaking traffic laws.		Provincial laws cover many other crimes, such as drinking under age, trespassing, and breaking traffic laws.

	A young person who is stopped and questioned by the police has the right to remain silent. If a young person is arrested or detained, they have the right to legal advice. If they are charged with a federal crime, they have the right to a lawyer to represent them. For more on the rights of young people charged with a crime, see our information on [[Young People and Criminal Law (~~Script~~ 225)\|young people and criminal law (no. 225)]] and [[Youth Justice Court Trials (~~Script~~ 226)\|trials involving young people (no. 226)]].		A young person who is stopped and questioned by the police has the right to remain silent. If a young person is arrested or detained, they have the right to legal advice. If they are charged with a federal crime, they have the right to a lawyer to represent them. For more on the rights of young people charged with a crime, see our information on [[Young People and Criminal Law (No. 225)\|young people and criminal law (no. 225)]] and [[Youth Justice Court Trials (No. 226)\|trials involving young people (no. 226)]].

	==Common questions==		==Common questions==
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	:Web: [http://www.rcybc.ca/ rcybc.ca]		:Web: [http://www.rcybc.ca/ rcybc.ca]



	~~[updated July 2018]~~

	'''The above was last reviewed for legal accuracy by [https://rcybc.ca/about-us/staff/jeff-rud Jeff Rud], Office of the Representative for Children & Youth, [http://dir.gov.bc.ca/gtds.cgi?esearch=&updateRequest=&view=detailed&sortBy=name&for=people&attribute=display+name&matchMethod=is&searchString=Shannan+Knutson&objectId=140748 Shannan Knutson], Ministry of Attorney General, and [http://dir.gov.bc.ca/gtds.cgi?esearch=&updateRequest=&view=detailed&sortBy=name&for=people&attribute=display+name&matchMethod=is&searchString=Heidi+Sarrazin&objectId=162669 Heidi Sarrazin] and [http://dir.gov.bc.ca/gtds.cgi?esearch=&view=detailed&sortBy=name&for=people&attribute=name&matchMethod=is&searchString=Leslie+Anderson&objectId=145884 Leslie Anderson], Ministry of Children and Family Development.'''

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	{{Dial-A-Law Copyright}}		{{Dial-A-Law Copyright}}

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Drew Jackson: Drew Jackson moved page Children's Rights (Script 238) to Children's Rights (No. 238): align with new Dial-A-Law website

2019-03-22T00:21:26Z

Drew Jackson moved page Children's Rights (Script 238) to Children's Rights (No. 238): align with new Dial-A-Law website

← Older revision	Revision as of 00:21, 22 March 2019
(No difference)

Dial-A-Law: /* If they are “in care” */

2019-03-03T23:42:05Z

If they are “in care”

← Older revision		Revision as of 23:42, 3 March 2019
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	“In care” means a child is in the custody, care or guardianship of the child welfare or adoption authorities. “Care” means physical care and control. If a child is removed from their home by the child welfare authorities, the authorities have care of the child until the child is returned to their parents or a court makes an order. If a child is in care, the child’s worker, other people important to the child, and the child meet and develop a care plan for the child.		“In care” means a child is in the custody, care or guardianship of the child welfare or adoption authorities. “Care” means physical care and control. If a child is removed from their home by the child welfare authorities, the authorities have care of the child until the child is returned to their parents or a court makes an order. If a child is in care, the child’s worker, other people important to the child, and the child meet and develop a care plan for the child.

	For more information, see the publication ''[http://www2.gov.bc.ca/assets/gov/family-and-social-supports/foster-parenting/know_your_rights.pdf Know Your Rights: A Guide to Rights for Young People in Care], published by the Ministry of Children and Family Development. Also, the Ministry website includes a section for [http://www2.gov.bc.ca/gov/content/family-social-supports/youth-and-family-services/teens-in-foster-care if you’re a teen in foster care].		For more information, see the publication ''[http://www2.gov.bc.ca/assets/gov/family-and-social-supports/foster-parenting/know_your_rights.pdf Know Your Rights: A Guide to Rights for Young People in Care]'', published by the Ministry of Children and Family Development. Also, the Ministry website includes a section for [http://www2.gov.bc.ca/gov/content/family-social-supports/youth-and-family-services/teens-in-foster-care if you’re a teen in foster care].

	===If they are charged with a crime===		===If they are charged with a crime===

Dial-A-Law at 23:40, 3 March 2019

2019-03-03T23:40:18Z

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Dial-A-Law at 23:13, 2 August 2018

2018-08-02T23:13:43Z

← Older revision		Revision as of 23:13, 2 August 2018
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	If the parents can’t agree, a court may have to decide who the children live with. [http://www.bclaws.ca/civix/document/id/lc/statreg/11025_04#section37 Section 37(1)] of the ''Family Law Act'' says that the parties and the court must consider the best interests of the child only in making an agreement or order about guardianship, parenting arrangements, or contact with a child. Section 37(2) says that to decide what the child’s best interests are, all the child’s needs and circumstances must be considered, including:		If the parents can’t agree, a court may have to decide who the children live with. [http://www.bclaws.ca/civix/document/id/lc/statreg/11025_04#section37 Section 37(1)] of the ''Family Law Act'' says that the parties and the court must consider the best interests of the child only in making an agreement or order about guardianship, parenting arrangements, or contact with a child. Section 37(2) says that to decide what the child’s best interests are, all the child’s needs and circumstances must be considered, including:
	#The child’s ~~heath~~ and emotional well-being.		#The child’s health and emotional well-being.
	#The child’s views, unless it would be inappropriate to consider them.		#The child’s views, unless it would be inappropriate to consider them.
	#The nature and strength of the relationship between the child and significant people in the child’s life.		#The nature and strength of the relationship between the child and significant people in the child’s life.

Dial-A-Law at 22:57, 2 August 2018

2018-08-02T22:57:46Z

← Older revision		Revision as of 22:57, 2 August 2018
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	{{Dial-A-Law TOC\|expanded = rights}}		{{Dial-A-Law TOC\|expanded = rights}}
	==Can children have input about things that affect them?==		==Can children have input about things that affect them?==
	Sometimes—it depends on the situation. [http://www.bclaws.ca/civix/document/id/lc/statreg/11025_04#section37 Section 37] of the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/11025_01 Family Law Act]'' says that in making an agreement or order about guardianship, parenting arrangements, or contact with a child, the parties and the court must consider the '''best interests''' of the child only. Subsection 37(2)(b) says that the views of the child are one factor to consider in deciding what the best interests of the child are, unless it would be inappropriate to consider them. Whether a judge finds it would inappropriate to consider a child’s views depends on the facts of each case.		Sometimes—it depends on the situation. [http://www.bclaws.ca/civix/document/id/lc/statreg/11025_04#section37 Section 37] of the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/11025_01 Family Law Act]'' says that in making an agreement or order about guardianship, parenting arrangements, or contact with a child, the parties and the court must consider the '''best interests''' of the child only. Subsection 37(2)(b) says that the views of the child are one factor to consider in deciding what the best interests of the child are, unless it would be inappropriate to consider them. Whether a judge finds it would be inappropriate to consider a child’s views depends on the facts of each case.

	If a person other than a child’s parent applies to court for an order appointing them as the child’s guardian, [http://www.bclaws.ca/civix/document/id/lc/statreg/11025_04#section51 section 51(4)] of the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/11025_01 Family Law Act]'' requires the child’s written approval unless the court is satisfied the appointment is in the best interests of the child.		If a person other than a child’s parent applies to court for an order appointing them as the child’s guardian, [http://www.bclaws.ca/civix/document/id/lc/statreg/11025_04#section51 section 51(4)] of the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/11025_01 Family Law Act]'' requires the child’s written approval unless the court is satisfied the appointment is in the best interests of the child.

Dial-A-Law: /* What rights do children have if they are charged with, or convicted of, a criminal offence? */

2018-07-27T17:49:28Z

What rights do children have if they are charged with, or convicted of, a criminal offence?

← Older revision		Revision as of 17:49, 27 July 2018
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	Under the ''[http://www.laws-lois.justice.gc.ca/eng/acts/Y-1.5/index.html Youth Criminal Justice Act]'', children who are stopped and questioned by the police have the right to a lawyer and the right to remain silent, with some exceptions. Children who are arrested or who are charged with a crime but not arrested, have other rights. For more information, check script [[Young People and Criminal Law (Script 225)\|225]], called “Young People and Criminal Law”. As well, check the [http://www2.gov.bc.ca/gov/content/justice/criminal-justice/bcs-criminal-justice-system/youth-justice Youth Justice] section of the [http://www.gov.bc.ca/mcf/ Ministry of Children and Family Development website].		Under the ''[http://www.laws-lois.justice.gc.ca/eng/acts/Y-1.5/index.html Youth Criminal Justice Act]'', children who are stopped and questioned by the police have the right to a lawyer and the right to remain silent, with some exceptions. Children who are arrested or who are charged with a crime but not arrested, have other rights. For more information, check script [[Young People and Criminal Law (Script 225)\|225]], called “Young People and Criminal Law”. As well, check the [http://www2.gov.bc.ca/gov/content/justice/criminal-justice/bcs-criminal-justice-system/youth-justice Youth Justice] section of the [http://www.gov.bc.ca/mcf/ Ministry of Children and Family Development website].

	Provincial laws, not the Youth Criminal Justice Act, cover many other crimes, such as drinking under age, trespassing, and breaking traffic laws.		Provincial laws, not the ''Youth Criminal Justice Act'', cover many other crimes, such as drinking under age, trespassing, and breaking traffic laws.

	==Where can children, parents, and guardians get help?==		==Where can children, parents, and guardians get help?==