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Difference between revisions of "Children and the Law (3:XII)"
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b)the child, if 12 years of age or older; c)each parent of the child; and d)any person with whom the Director may be placing the child in temporary custody. | b)the child, if 12 years of age or older; c)each parent of the child; and d)any person with whom the Director may be placing the child in temporary custody. | ||
Children 12 years of age or older must be given notice of the hearings, report copies, etc. 6.Rights of Children in Care of the Director Section 70 of the Child, Family and Community Service Act [CFCSA] sets out the rights to which children are entitled while in care of the Director. Children in care have the right to be fed, clothed, and nurtured according to community standards; be informed about plans regarding their care; be consulted with respect to decisions affecting them; reasonable privacy and possession of their personal belongings; be free from corporal punishment; and receive medical and dental care when required. For a complete list of enumerated rights, see s 70. 7.Priority in Placing Children with a Relative When deciding where to place a child, the Director must consider the child’s best interests (s 71(1)). The Director must give priority to placing the child with a relative before considering a foster parent, unless that is inconsistent with the child’s best interests (s 71(2)). Children under protection can be placed in the custody of extended family or other concerned parties (s 8). This is known as a “kith and kin” agreement. The Director may also refer the matter to a familyconference co-ordinator to allow the family to reach an agreement on a ‘plan of care’ that serves the best interests of the child (ss 20, 21). Until March 31, 2010 a relative caring for a child residing in his or her home may have been | Children 12 years of age or older must be given notice of the hearings, report copies, etc. | ||
=== 6. Rights of Children in Care of the Director === | |||
Section 70 of the ''Child, Family and Community Service Act'' [''CFCSA''] sets out the rights to which children are entitled while in care of the Director. Children in care have the right to be fed, clothed, and nurtured according to community standards; be informed about plans regarding their care; be consulted with respect to decisions affecting them; reasonable privacy and possession of their personal belongings; be free from corporal punishment; and receive medical and dental care when required. For a complete list of enumerated rights, see s 70. | |||
=== 7. Priority in Placing Children with a Relative === | |||
When deciding where to place a child, the Director must consider the child’s best interests (s 71(1)). The Director must give priority to placing the child with a relative before considering a foster parent, unless that is inconsistent with the child’s best interests (s 71(2)). | |||
Children under protection can be placed in the custody of extended family or other concerned parties (s 8). This is known as a “kith and kin” agreement. The Director may also refer the matter to a familyconference co-ordinator to allow the family to reach an agreement on a ‘plan of care’ that serves the best interests of the child (ss 20, 21). | |||
Until March 31, 2010 a relative caring for a child residing in his or her home may have been eligibleto receive monthly Child in the Home of a Relative (“CIHR”) benefits from the Ministry of Social Development (previously the Ministry of Employment and Income Assistance). As of April 1, 2010, these benefits are no longer available to new applicants. In the absence of the CIHR benefits, relatives looking after a child in their home may be eligible for the child tax benefit, the B.C. family bonus, the universal child care benefit, and/or the child disability benefit. For more information, see: http://www.gov.bc.ca/meia/online_resource/verification_and_eligibility/cihr. An alternative (but not a substitute) for relatives to consider is the Extended Family Program benefits available through the Ministry of Children and Family Development (see http://www.mcf.gov.bc.ca/alternativestofostercare/extended_family.htm). These benefits are intended to be temporary and the relative is not eligible if they have a guardianship order. The application for benefits must be initiated by the child’s parent. | |||
=== 8. Priority in Placing Aboriginal Children with an Aboriginal Family === | |||
The Director must give priority to placing an Aboriginal child with the child’s extended family within the child’s Aboriginal community or with another Aboriginal family (s 71(3)). Section 39(1) mandates notification of the band. See also ss 2(f), 3(b) and (c), and 4(2) of the ''CFCSA''. If a child is of mixed heritage, the Ministry will generally treat the child as an Aboriginal child and notify the band accordingly. | |||
Certain additional considerations are provided throughout the Act for an Aboriginal, Nisga’a or treaty First Nations child. | |||
== F. Child Leaving Home or Parent Giving Up Custody of a Child == | |||
Children may leave home before the age of majority, or alternatively, parents may voluntary give up legal custody of their children. Please note that “emancipation”(a legal mechanism by which a person may belegally separated from his or her parents before the age of majority) is not a legal remedy for children in B.C. as it is in some parts of the United States. | |||
=== 1. Rights of the Child === | |||
Children may leave home as soon as they are able to support themselves. The following considerations should be kept in mind: | |||
*a) under the ''School Act'', a child must attend school until age 16 (s 3(1)(b)). It would be extremely difficult for the child to go to school and maintain a job to support him or herself sufficiently at a younger age than this; | |||
*b) a child under 15 needs written permission from their parent or guardian prior to working (''Employment Standards Act'', RSBC 1996, c113, s 9(1)). Additionally, a child under 12 needs the written permission of the Director of Employment Standards prior to working (s 9(2)); | |||
*c) pursuant to s 26(1) of the ''Child, Family and Community Service Act'' [''CFCSA''], a Director may take charge of a child for a period of up to 72 hours if it appears that the child is lost or has run away. If the person responsible for the child is not located by the end of the 72-hour period, the Director no longer has charge of the child (s 26(5)). (Note that “child” is defined in the ''CFCSA'' as a person under the age of 19 years, and includes a youth.); | |||
*d) a child under 19 may qualify for social assistance if he or she does not live with a parent or guardian, and if the ministry is convinced that no parental support is being provided; and | |||
*e) pursuant to s 91 of the ''Family Relations Act'' a child may be eligible for child support payments from their parents. However, children have been found to have withdrawn from their parents’ care and control when they live with a boyfriend or girlfriend who provides for their needs, have moved out of their parents’ home and refuse to return, or live on their own and have demonstrated they are capable of independently supporting themselves financially. | |||
=== 2. Giving Up Custody of a Child === | |||
There are four basic ways that a parent can voluntarily give up legal custody of a child. This is done by transferring the rights that the parent possessed through one of the following mechanisms: | |||
*a) by a custody and guardianship order under the ''Family Relations Act'' (s 30); | |||
*b) by making a will (which would take effect only on the death of the parent), if the parent has sole guardianship (''Infants Act'', s 50); | |||
*c) by the parent(s) consenting to the adoption of the child by other persons (''Adoption Act'', RSBC 1996, c 5, s 13(1)); or | |||
*d) by a written agreement between the parent and the Director of Child, Family and Community Service where the parent transfers his or her rights to the Director (''Child, Family and Community Service Act''[''CFCSA''], ss 6 and 7) | |||
== G. Child Benefits == | |||
=== 1. Child Disability Benefit === | |||
The Child Disability Benefit (CDB) is a non-taxable supplement to the Canada Child Tax Benefit (CCTB) and Children’s Special Allowance. To receive the CDB, a child must be eligible to receive the CCTB and must also qualify for the Disability Tax Credit (DTC). Not all children with disabilities qualify. For more information about eligibility visit the [http://www.cra-arc.gc.ca/bnfts/dsblty-eng.html Canada Revenue Agency website] or call 1-800-387-1193. | |||
The CDB provides up to $2,455 per year, per child who qualifies for the disability amount, for low- and modest-income families caring for children under the age of 18 who have a severe and prolonged mental or physical impairment. | |||
=== 2. Universal Childcare Benefit === | |||
In July 2006, the Government launched the Universal Childcare Benefit (UCCB), a new benefit paid monthly to help eligible families provide child care for their children less than 6 years of age. The UCCB will provide families a $100 monthly payment (up to $1,200 annually) for each child 3-57 less than six years of age. It is paid separately from the Canada Child Tax Benefit (CCTB). The UCCB is taxable. One must apply for UCCB through Canada Revenue Agency. | |||
For more information on eligibility, the application process and access to an online application, visit the [http://www.cra-arc.gc.ca/bnfts/uccb-puge/menu-eng.html | Canada Revenue Agency website] or call 1-800-387-1193. | |||
For general information on UCCB, see the [http://www.universalchildcare.ca | website] or call 1-800-622-6232. | |||