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Difference between revisions of "Rights of the Child (6:VI)"
From Clicklaw Wikibooks
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→1. Obligation to Provide Treatment
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The ''Criminal Code'' (s 215) imposes criminal sanctions on parents who fail to provide their children with the necessaries of life until they reach the age of 16. This has been held to include adequate medical treatment, and a court may also extend the duty to an older child who cannot become independent of their parent(s) due to factors including age and illness. Section 218 of the ''Criminal Code'' imposes criminal sanctions on any person who abandons or exposes a child less than 10 years of age to the risk of permanent injury, damage to his or her health, or risk to his or her life. | The ''Criminal Code'' (s 215) imposes criminal sanctions on parents who fail to provide their children with the necessaries of life until they reach the age of 16. This has been held to include adequate medical treatment, and a court may also extend the duty to an older child who cannot become independent of their parent(s) due to factors including age and illness. Section 218 of the ''Criminal Code'' imposes criminal sanctions on any person who abandons or exposes a child less than 10 years of age to the risk of permanent injury, damage to his or her health, or risk to his or her life. | ||
Under the CFCSA, children under the age of 19 may be removed if they are deprived of necessary medical attention, but only by a court order (s 29). Where a child is removed, emergency medical care can be given at the Director’s authorization (s 32). In cases where the only issue is the parents’ refusal of necessary medical attention, the Director can apply for a court order authorizing the medical care without removing the child from the parents’ custody (s 29). | Under the ''CFCSA'', children under the age of 19 may be removed if they are deprived of necessary medical attention, but only by a court order (s 29). Where a child is removed, emergency medical care can be given at the Director’s authorization (s 32). In cases where the only issue is the parents’ refusal of necessary medical attention, the Director can apply for a court order authorizing the medical care without removing the child from the parents’ custody (s 29). | ||
=== 2. Consent to Treatment === | === 2. Consent to Treatment === | ||
