Difference between revisions of "Children and the Law (3:XII)"
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== F. Child Leaving Home or Parent Giving Up Custody of a Child == | == F. Child Leaving Home or Parent Giving Up Custody of a Child == | ||
Children may leave home before the age of majority, or alternatively, parents may voluntary give up legal custody of their children. Please note that “emancipation”(a legal mechanism by which a person may | Children may leave home before the age of majority, or alternatively, parents may voluntary give up legal custody of their children. Please note that “emancipation” (a legal mechanism by which a person may be legally separated from his or her parents before the age of majority) is not a legal remedy for children in BC as it is in some parts of the United States. | ||
=== 1. Rights of the Child === | === 1. Rights of the Child === | ||
Children may leave home as soon as they are able to support themselves. The following considerations should be kept in mind: | Children may leave home as soon as they are able to support themselves. The following considerations should be kept in mind: | ||
*a) under the ''School Act'', a child must attend school until age 16 (s 3(1)(b)). It would be extremely difficult for the child to go to school and maintain a job to support him or herself sufficiently at a younger age than this; | *a) under the ''School Act'', a child must attend school until age 16 (s 3(1)(b)). It would be extremely difficult for the child to go to school and maintain a job to support him or herself sufficiently at a younger age than this; | ||
*b) a child under 15 needs written permission from their parent or guardian prior to working (''Employment Standards Act'', RSBC 1996, | *b) a child under 15 needs written permission from their parent or guardian prior to working ([http://www.bclaws.ca/Recon/document/ID/freeside/00_96113_01 ''Employment Standards Act'', RSBC 1996, c 113], s 9(1)). Additionally, a child under 12 needs the written permission of the Director of Employment Standards prior to working (s 9(2)); | ||
*c) pursuant to s 26(1) of the ''Child, Family and Community Service Act'' [''CFCSA''], a Director may take charge of a child for a period of up to 72 hours if it appears that the child is lost or has run away. If the person responsible for the child is not located by the end of the 72-hour period, the Director no longer has charge of the child (s 26(5)). (Note that “child” is defined in the ''CFCSA'' as a person under the age of 19 years, and includes a youth.); | *c) pursuant to s 26(1) of the ''Child, Family and Community Service Act'' [''CFCSA''], a Director may take charge of a child for a period of up to 72 hours if it appears that the child is lost or has run away. If the person responsible for the child is not located by the end of the 72-hour period, the Director no longer has charge of the child (s 26(5)). (Note that “child” is defined in the ''CFCSA'' as a person under the age of 19 years, and includes a youth.); | ||
*d) a child under 19 may qualify for social assistance if he or she does not live with a parent or guardian, and if the ministry is convinced that no parental support is being provided; and | *d) a child under 19 may qualify for social assistance if he or she does not live with a parent or guardian, and if the ministry is convinced that no parental support is being provided; and | ||
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*b) by making a will (which would take effect only on the death of the parent), if the parent has sole guardianship (''Infants Act'', s 50); | *b) by making a will (which would take effect only on the death of the parent), if the parent has sole guardianship (''Infants Act'', s 50); | ||
*c) by the parent(s) consenting to the adoption of the child by other persons (''Adoption Act'', RSBC 1996, c 5, s 13(1)); or | *c) by the parent(s) consenting to the adoption of the child by other persons (''Adoption Act'', RSBC 1996, c 5, s 13(1)); or | ||
*d) by a written agreement between the parent and the Director of Child, Family and Community Service where the parent transfers his or her rights to the Director (''Child, Family and Community Service Act''[''CFCSA''], ss 6 and 7) | *d) by a written agreement between the parent and the Director of Child, Family and Community Service where the parent transfers his or her rights to the Director (''Child, Family and Community Service Act''[''CFCSA''], ss 6 and 7) | ||
== G. Child Benefits == | == G. Child Benefits == | ||