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Difference between revisions of "Children's Rights"
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On the other hand, decisions about child protection focus on safety (does the child need protection) not on their best interests or their views. But when it comes to adoption, any agreement or order to adopt a child aged 12 or older (and changing the child’s name) can proceed only if the child agrees to it. | On the other hand, decisions about child protection focus on safety (does the child need protection) not on their best interests or their views. But when it comes to adoption, any agreement or order to adopt a child aged 12 or older (and changing the child’s name) can proceed only if the child agrees to it. | ||
Children in care have a right to be consulted and express their views. “In care” means a child is in the custody, care or guardianship of the director of child welfare or the director of adoption. And “care” means physical care and control. Children can | Children in care have a right to be consulted and express their views. “In care” means a child is in the custody, care or guardianship of the director of child welfare or the director of adoption. And “care” means physical care and control. Children can express their views on the following topics (though a judge can still decide not to consider what they say): | ||
*which parent they | * which parent they want to live with if their parents separate or divorce. If a child is being returned to a parent, a social worker would assess the parents to decide who the child would live with. | ||
*whether to receive or refuse medical or psychiatric treatment. This is a complicated area of law. For example, a parent or guardian can have a child under 16 admitted for psychiatric care and the child may not be able to leave without the consent of the parent or guardian. And the ability of a child under 19 to consent to medical treatment depends on whether they have the capacity to consent. A healthcare provider has to assess that capacity. | * whether to receive or refuse medical or psychiatric treatment. This is a complicated area of law. For example, a parent or guardian can have a child under 16 admitted for psychiatric care and the child may not be able to leave without the consent of the parent or guardian. And the ability of a child under 19 to consent to medical treatment depends on whether they have the capacity to consent. A healthcare provider has to assess that capacity. | ||
*what they want in child protection | * what they want to happen in a child protection case. This information usually comes from the social worker. The child does not have their own lawyer or talk to the judge. | ||
* | * important decisions that affect them while they are in foster care. | ||
*access to money held in trust for them. | * their access to money held in trust for them. | ||
*what to do if they are charged with a crime. | * what to do if they are charged with a crime. | ||
As children get older, their capacity to make decisions increases and their input will generally have more influence on the decisions made about and for them. | As children get older, their capacity to make decisions increases and their input will generally have more influence on the decisions made about and for them. | ||
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==Do children need their parents’ or guardians’ permission to see a doctor?== | ==Do children need their parents’ or guardians’ permission to see a doctor?== | ||
It depends on the child’s mental capacity. BC’s ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96223_01 Infants Act]'' says that children under 19 can consent to their own healthcare if a healthcare provider has decided that the child understands the nature and consequences, and the reasonably foreseeable benefits and risks, of the healthcare. And the healthcare provider must also have decided that the healthcare is in the child’s best interests. In those cases, a child does not need the consent of a parent or guardian to see a doctor. So | It depends on the child’s mental capacity. BC’s ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96223_01 Infants Act]'' says that children under 19 can consent to their own healthcare if a healthcare provider has decided that the child understands the nature and consequences, and the reasonably foreseeable benefits and risks, of the healthcare. And the healthcare provider must also have decided that the healthcare is in the child’s best interests. In those cases, a child does not need the consent of a parent or guardian to see a doctor. And healthcare providers must keep the healthcare private. So a child could get a prescription for birth control, without a parent’s permission. A teenager could also get an abortion without their parents’ consent. | ||
For more on this, check script [[Children and Consent to Medical Care (Script 422)|422]], called “Children and Consent to Medical Care”. | For more on this, check script [[Children and Consent to Medical Care (Script 422)|422]], called “Children and Consent to Medical Care”. | ||
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==Can children have input in child protection cases?== | ==Can children have input in child protection cases?== | ||
Yes. The [http://www.bclaws.ca/Recon/document/ID/freeside/00_96046_01 | Yes. The BC ''[http://www.bclaws.ca/Recon/document/ID/freeside/00_96046_01 Child, Family and Community Service Act]'' requires a child’s views to be considered when decisions about the child are made. The Act defines a child as a person under 19 years old. | ||
If a child has been—or is likely to be—abused or neglected, child welfare workers will investigate and do their best to keep the child safe with their parents. For example, the worker may provide in-home support services for the family or obtain a court order to supervise the child in the home. The worker can remove a child from the child’s home if the child is in immediate danger or if the worker decides—after fully exploring all available options—that there is no other way to keep the child safe. | If a child has been—or is likely to be—abused or neglected, child welfare workers will investigate and do their best to keep the child safe with their parents. For example, the worker may provide in-home support services for the family or obtain a court order to supervise the child in the home. The worker can remove a child from the child’s home if the child is in immediate danger or if the worker decides—after fully exploring all available options—that there is no other way to keep the child safe. | ||
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A child may also be asked to consent to an agreement or court order that affects them. If the child is 12 or older, no agreement or consent court order can be made without the child’s consent, and the child has the right to speak to a lawyer. | A child may also be asked to consent to an agreement or court order that affects them. If the child is 12 or older, no agreement or consent court order can be made without the child’s consent, and the child has the right to speak to a lawyer. | ||
For more information on child protection services, see the publication called [http:// | For more information on child protection services, see the publication called ''[http://www2.gov.bc.ca/assets/gov/family-and-social-supports/foster-parenting/know_your_rights.pdf Know Your Rights: A Guide for Young People in Care]'', published by the [http://www.gov.bc.ca/mcf/ Ministry of Children and Family Development]. Also, see the Ministry website section called ''[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]. | ||
==What rights do children in care have?== | ==What rights do children in care have?== | ||
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If a child is in care, the child’s worker, other people important to the child, and the child, if possible, meet and develop an interim care plan for the child within 30 days of when the child is put in care. They then develop a care plan within 6 months of when the child is put in care. The same people review the care plan 6 months after it is completed and whenever a significant event occurs in the child’s life. They also develop a new care plan each year. | If a child is in care, the child’s worker, other people important to the child, and the child, if possible, meet and develop an interim care plan for the child within 30 days of when the child is put in care. They then develop a care plan within 6 months of when the child is put in care. The same people review the care plan 6 months after it is completed and whenever a significant event occurs in the child’s life. They also develop a new care plan each year. | ||
For more information, see the publication called [http:// | For more information, see the publication called ''[http://www2.gov.bc.ca/assets/gov/family-and-social-supports/foster-parenting/know_your_rights.pdf Know Your Rights: A Guide for Young People in Care]'', published by the [http://www.gov.bc.ca/mcf/ Ministry of Children and Family Development]. Also, see the Ministry website section called ''[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]''. | ||
==Can children access money held in trust for them by the Public Guardian and Trustee?== | ==Can children access money held in trust for them by the Public Guardian and Trustee?== | ||
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The most important federal criminal law is the ''[http://laws-lois.justice.gc.ca/eng/acts/C-46/ Criminal Code]''. It covers common crimes like shoplifting, breaking and entering, car theft, and assault. Other federal laws deal with things like possessing and selling (or trafficking) illegal drugs. | The most important federal criminal law is the ''[http://laws-lois.justice.gc.ca/eng/acts/C-46/ Criminal Code]''. It covers common crimes like shoplifting, breaking and entering, car theft, and assault. Other federal laws deal with things like possessing and selling (or trafficking) illegal drugs. | ||
Under the ''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 [http:// | Under the ''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. | ||
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[updated | [updated November 2016] | ||
