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Difference between revisions of "Children's Rights"
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{{Dial-A-Law Blurb}} | {{Dial-A-Law Blurb}} | ||
Can children have input about things that affect them? | ==Can children have input about things that affect them?== | ||
Sometimes—it depends on the situation. Section 37 of the 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. And a judge may find it inappropriate to consider a child’s views. | Sometimes—it depends on the situation. 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. And a judge may find it inappropriate to consider a child’s views. | ||
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. | ||
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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 say what they want in the following areas (though a judge can still decide not to consider what they say): | 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 say what they want in the following areas (though a judge can still decide not to consider what they say): | ||
which parent they prefer to live with if their parents separate or divorce. | *which parent they prefer to live with if their parents separate or divorce. | ||
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 cases. This information usually comes from the social worker. The child does not have their own lawyer or talk to the judge. | *what they want in child protection cases. This information usually comes from the social worker. The child does not have their own lawyer or talk to the judge. | ||
significant decisions that affect them while they are in foster care. | *significant decisions that affect them while they are in foster care. | ||
access to money held in trust for them. | *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. | ||
Can children choose which parent to live with if their parents separate or divorce? | ==Can children choose which parent to live with if their parents separate or divorce?== | ||
Children do not generally get to choose which parent they live with if their parents separate or divorce, but they can express their views. The parents can agree on which one of them their children will live with and how often each parent will see their children. The parents may decide not to consult the children or anyone else when they make these decisions. Or the parents may talk to the children, social workers, lawyers, counselors, or other professionals. If the parents make an agreement that their children are not happy with, the children can talk to the parents about it, but it’s still the parents’ decision. | Children do not generally get to choose which parent they live with if their parents separate or divorce, but they can express their views. The parents can agree on which one of them their children will live with and how often each parent will see their children. The parents may decide not to consult the children or anyone else when they make these decisions. Or the parents may talk to the children, social workers, lawyers, counselors, or other professionals. If the parents make an agreement that their children are not happy with, the children can talk to the parents about it, but it’s still the parents’ decision. | ||
If the parents can’t agree, a court may have to decide who the children live with. 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 of 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. 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 of the child’s needs and circumstances must be considered, including: | ||
#The child’s heath and emotional well-being. | |||
#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 history of the child’s care. | |||
#The child’s need for stability, given the child’s age and stage of development. | |||
#The ability of each person (who is or seeks to be the child’s guardian, or who has or seeks parental responsibilities, parenting time or contact with the child) to exercise their responsibilities. | |||
#The impact of any family violence on the child’s safety, security or well-being, whether the family violence is directed toward the child or another family member. | |||
#Whether the actions of a person responsible for family violence indicate the person’s ability to care for the child and meet the child’s needs may be impaired. | |||
#The appropriateness of any arrangement requiring the child’s guardians to cooperate on issues affecting the child, including whether it would increase risks to safety, security or well-being of the child or other family members. | |||
#Any civil or criminal proceeding related to the child’s safety, security or well-being. | |||
As this shows, a child’s view is important, but it’s only one of many things that matter. Both the age and maturity of a child are important when a court considers a child’s views. A court often assesses a child’s maturity by examining how the child behaves at home and at school. | As this shows, a child’s view is important, but it’s only one of many things that matter. Both the age and maturity of a child are important when a court considers a child’s views. A court often assesses a child’s maturity by examining how the child behaves at home and at school. | ||
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 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 they could get a prescription for birth control, without a parent’s permission. A teenager could also get an abortion without their parents’ consent. | 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 they 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 422, called “Children and Consent to Medical | For more on this, check script [[Children and Consent to Medical Care (Script 422)|422]], called “Children and Consent to Medical Care”. | ||
What rights do children have if they are hospitalized against their will for psychiatric treatment? | ==What rights do children have if they are hospitalized against their will for psychiatric treatment?== | ||
A child under 16 can be hospitalized against their will for psychiatric treatment in one of two ways: | A child under 16 can be hospitalized against their will for psychiatric treatment in one of two ways: | ||
if a parent or guardian requests it and a doctor agrees that it’s in the child’s best interest. | *if a parent or guardian requests it and a doctor agrees that it’s in the child’s best interest. | ||
if the child is admitted as an involuntary patient under the Mental Health Act. | *if the child is admitted as an involuntary patient under the [http://www.bclaws.ca/civix/document/id/complete/statreg/96288_01 ''Mental Health Act'']. | ||
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, they 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, they can ask for a hearing by a review panel or court. | ||