Children's Rights: Difference between revisions
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→What rights do children have if they are hospitalized against their will for psychiatric treatment?
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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. | ||
A child 16 or older can be admitted against their will for psychiatric treatment only as an involuntary patient. To find out more about involuntary admissions, check script 425, called “Hospitalizing a Mentally Ill | A child 16 or older can be admitted against their will for psychiatric treatment only as an involuntary patient. To find out more about involuntary admissions, check script [[Hospitalizing a Mentally Ill Person (Script 425)|425]], called “Hospitalizing a Mentally Ill Person”. | ||
Can children have input in child protection cases? | ==Can children have input in child protection cases?== | ||
Yes. The BC Child, Family and Community Service Act requires a child’s views to be taken into account when decisions about the child are made. The Act defines a child as a person under 19 years old. | Yes. The [http://www.bclaws.ca/Recon/document/ID/freeside/00_96046_01 ''BC Child, Family and Community Service Act''] requires a child’s views to be taken into account 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 Know Your Rights: A Guide for Young People in Care, published by the Ministry of Children and Family Development. | For more information on child protection services, see the publication called [http://www.mcf.gov.bc.ca/foster/pdf/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]. | ||
What rights do children in care have? | ==What rights do children in care have?== | ||
If a child is in the Ministry’s care, or “in care”, section 70 of the Child, Family and Community Service Act gives the child certain rights. They include the right to be consulted and give their views on decisions that affect them. They also include the rights to reasonable privacy, to be free from physical punishment, and to be informed about (and helped to contact) the Ombudsperson and the Office of the Representative for Children and Youth. | If a child is in the Ministry’s care, or “in care”, section 70 of the ''Child, Family and Community Service Act'' gives the child certain rights. They include the right to be consulted and give their views on decisions that affect them. They also include the rights to reasonable privacy, to be free from physical punishment, and to be informed about (and helped to contact) the Ombudsperson and the Office of the Representative for Children and Youth. | ||
“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. If a child is removed by the director of child welfare, the director has care of a child until the child is returned to their parents or a court makes an order. | “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. If a child is removed by the director of child welfare, the director has care of a child until the child is returned to their parents or a court makes an order. | ||
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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 Know Your Rights: A Guide for Young People in Care, published bythe Ministry of Children and Family Development. | For more information, see the publication called [http://www.mcf.gov.bc.ca/foster/pdf/know_your_rights.pdf Know Your Rights: A Guide for Young People in Care], published bythe [http://www.gov.bc.ca/mcf/ Ministry of Children and Family Development]. | ||
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?== | ||
It depends on the situation. BC’s Public Guardian and Trustee oversees the legal rights and financial interests of children under age 19. The Trustee holds money that children receive in the following types of cases—if another trustee is not appointed: | It depends on the situation. BC’s Public Guardian and Trustee oversees the legal rights and financial interests of children under age 19. The Trustee holds money that children receive in the following types of cases—if another trustee is not appointed: | ||
an injury award after an accident. | *an injury award after an accident. | ||
an inheritance. | *an inheritance. | ||
life insurance proceeds. | *life insurance proceeds. | ||
part of the money that a child under 15 makes from acting in TV or films. | *part of the money that a child under 15 makes from acting in TV or films. | ||
The Trustee pays all a child’s money (with interest) to the child when they turn 19. The Trustee may also use some of a child’s money—before the child is 19—to pay for things that a child or their family cannot afford, such as school fees, tutoring, camps and trips, transportation, computers, and dental needs. | The Trustee pays all a child’s money (with interest) to the child when they turn 19. The Trustee may also use some of a child’s money—before the child is 19—to pay for things that a child or their family cannot afford, such as school fees, tutoring, camps and trips, transportation, computers, and dental needs. | ||
For more information, check with the Public Guardian and Trustee. Call 604.660.4444. | For more information, check with the [http://www.trustee.bc.ca/ Public Guardian and Trustee]. Call 604.660.4444. | ||
What rights do children have if they are charged with, or convicted of, a criminal offence? | ==What rights do children have if they are charged with, or convicted of, a criminal offence?== | ||
The Youth Criminal Justice Act explains how police, courts, and the correctional system must treat young people, 12- to 17-years old, who are arrested for, charged with, or convicted of a crime under federal laws. | The ''[http://laws-lois.justice.gc.ca/eng/acts/Y-1.5/ Youth Criminal Justice Act]'' explains how police, courts, and the correctional system must treat young people, 12- to 17-years old, who are arrested for, charged with, or convicted of a crime under federal laws. | ||
The most important federal criminal law is the 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 225, called “Young People and Criminal | 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://www.mcf.gov.bc.ca/youth_justice/index.htm Youth Justice] on 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. | ||
Where can children, parents, and guardians get help? | ==Where can children, parents, and guardians get help?== | ||
Call the Representative for Children and Youth at 1.800.476.3933. The Representative does not work for government. She is an independent officer of the BC legislature. She supports children, youth, and families who need help dealing with the child welfare system. She also suggests changes to the system. | Call the '''[http://www.rcybc.ca/ Representative for Children and Youth]''' at 1.800.476.3933. The Representative does not work for government. She is an independent officer of the BC legislature. She supports children, youth, and families who need help dealing with the child welfare system. She also suggests changes to the system. | ||
Contact the Ministry of Children and Family Development. A child or youth receiving services from the ministry (or their family member or caregiver) who disagrees with something the ministry did or decided, has a right to complain and be taken seriously. For more information on how to make a complaint, go to Complaints Process on the Ministry website. | Contact the '''[http://www.gov.bc.ca/mcf/ Ministry of Children and Family Development]'''. A child or youth receiving services from the ministry (or their family member or caregiver) who disagrees with something the ministry did or decided, has a right to complain and be taken seriously. For more information on how to make a complaint, go to [http://www.mcf.gov.bc.ca/complaints/index.htm Complaints Process] on the [http://www.gov.bc.ca/mcf/ Ministry website]. | ||
The Provincial Ombudsperson ensures that youth are treated fairly by people who provide service to them. This office can provide an independent review of a case. Call 1.800.567.3247. | The '''[http://www.ombudsman.bc.ca/ Provincial Ombudsperson]''' ensures that youth are treated fairly by people who provide service to them. This office can provide an independent review of a case. Call 1.800.567.3247. | ||
For urgent help, dial “0” or “411” and ask the operator for the Helpline for Children. You can also dial it directly at 310.1234 (no area code). A social worker will answer 24 hours a day. | '''For urgent help''', dial “0” or “411” and ask the operator for the Helpline for Children. You can also dial it directly at 310.1234 (no area code). A social worker will answer 24 hours a day. | ||