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Difference between revisions of "Know Your Rights (Legal Information for Indigenous People)"

From Clicklaw Wikibooks
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=== Investigation process ===
=== Investigation process ===
The ''CFCSA'' gives Ministry Social Workers (SW) certain powers when they investigate child protection concerns, up to and including the removal of your child from your home.
* SWs must follow certain rules and policies when they do their work and make decisions.
* If you feel the SW has acted wrongly you can try to resolve your concern directly with the SW or their supervisor.
* You can also call the MCFD dispute resolution person to discuss concerns and learn about your options at 1-877-387-7027.
* Ask a Legal Advocate or Lawyer for help.
==== Over the course of the investigation, Social Workers can ====
# Contact parents, guardians or other third parties in your child’s life to ask about the child’s safety.
## Ask to see your child
# If you don’t let them see your child, they could decide to remove your child from your home, so it is generally best to cooperate. You can ask that a Band representative or other support person be present.
# Question your children
# They can talk to your child alone (without you). If you are notified of an intended interview, you can ask that a Band Representative or support person be present for any meetings.
# They may talk to your child at school or outside of your home without telling you.
# Interview people who know your child (teachers, friends, family)
# Examine personal records for information about your child (medical records, school reports, court documents or other records in the possession of governmental bodies)
# If there is a safety concern Social Workers can look at a range of options to determine if the child stays with the parent or work out an agreement with the parent, family member or community member for temporary care.
# Remove your child from your home without warning, and without a court order if they think your child needs protection.
# If a child is removed, there will be a Court hearing where there may be an agreement for care of the child or a Judge will decide what is in the best interest of the child.
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