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Difference between revisions of "Children and the Law (3:XII)"
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== D. Child Protection == | == D. Child Protection == | ||
Under the ''Child, Family and Community Service Act'' [''CFCSA''], a Director or member of the municipal or provincial police forces can apprehend any child under the age of 19 years when the child is believed to be in need of protection or care. Section 6 lists conditions justifying temporary protective custody under this Act. | Under the [http://canlii.ca/t/84dv ''Child, Family and Community Service Act'' [''CFCSA''<nowiki>]</nowiki>], a Director or member of the municipal or provincial police forces can apprehend any child under the age of 19 years when the child is believed to be in need of protection or care. Section 6 lists conditions justifying temporary protective custody under this Act. | ||
Within seven days after the child’s removal, a Director must attend Supreme or Provincial Court for a presentation hearing. The Director must, if possible, inform the child, if 12 years of age or over, andeach parent of the time, date, and place of the hearing. If the situation warrants it, a hearing may result in temporary (or permanent) custody of the child being given to the Director or some other agency. | Within seven days after the child’s removal, a Director must attend Supreme or Provincial Court for a presentation hearing. The Director must, if possible, inform the child, if 12 years of age or over, andeach parent of the time, date, and place of the hearing. If the situation warrants it, a hearing may result in temporary (or permanent) custody of the child being given to the Director or some other agency. | ||
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=== 1. Principles === | === 1. Principles === | ||
The CFCSA codifies child protection remedies available in B.C. It also gives specific rights to children in care under the Act (section 70). The ''Representative for Children and Youth Act'', SBC 2006, c 29 s 6 provides that it is the responsibility of the Representative to: | The ''CFCSA'' codifies child protection remedies available in B.C. It also gives specific rights to children in care under the Act (section 70). The [http://canlii.ca/t/84nt ''Representative for Children and Youth Act'', SBC 2006, c 29] s 6 provides that it is the responsibility of the Representative to: | ||
*support, assist, inform and advise children and their families respecting designated services; | *support, assist, inform and advise children and their families respecting designated services; | ||
*monitor, review, audit and conduct research on the provision of a designated service by a public body or director for the purpose of making recommendations to improve the effectiveness and responsiveness of that service, and comment publicly on any of these functions | *monitor, review, audit and conduct research on the provision of a designated service by a public body or director for the purpose of making recommendations to improve the effectiveness and responsiveness of that service, and comment publicly on any of these functions | ||
*review, investigate and report on the critical injuries and deaths of children as set out in Part 4 | *review, investigate and report on the critical injuries and deaths of children as set out in Part 4 | ||
The guiding principles in section 2 of the CFCSA provide that: | The guiding principles in section 2 of the ''CFCSA'' provide that: | ||
*children are entitled to be protected from abuse, neglect, harm, or threat of harm; | *children are entitled to be protected from abuse, neglect, harm, or threat of harm; | ||
*the family is the preferred environment for the care and upbringing of children and the responsibility for the protection of children rests primarily with the parents; | *the family is the preferred environment for the care and upbringing of children and the responsibility for the protection of children rests primarily with the parents; | ||
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=== 2. Best Interests of the Child === | === 2. Best Interests of the Child === | ||
Section 4 of the | Section 4 of the ''CFCSA'' defines “best interests of the child” somewhat differently than does the ''FRA'' and the ''FLA''. Factors that must be considered under the ''CFCSA'' include: | ||
*the child’s safety; | *the child’s safety; | ||
*the child’s physical and emotional needs and level of development; | *the child’s physical and emotional needs and level of development; | ||
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=== 3. Duty to Report Need for Protection === | === 3. Duty to Report Need for Protection === | ||
The | The ''CFCSA'' s 14(1) requires someone who believes a child is being or is likely to be physically harmed, sexually abused, or exploited to report the matter to the [http://www2.gov.bc.ca/gov/content/governments/organizational-structure/ministries-organizations/ministries/children-and-family-development Ministry of Children and Family Development]. The [http://www2.gov.bc.ca/gov/content/safety/public-safety/protecting-children/reporting-child-abuse Helpline for Children] (310-1234) provides 24-hour access to social workers in case of an emergency. | ||
Reports to the Ministry are anonymous. No action lies against a person making a report unless it is made maliciously or without reasonable grounds. Failure to report cases of abuse or exploitation constitutes an offence (s 14(3)), even when the information was confidential or privileged, except for when the information was obtained through a solicitor-client relationship (s 14(2)). The Director under the ''CFCSA'' must assess the information reported (s 16). Case law has demonstrated that the duty of the director to act is actually broader than the legislated duty: see ''BS v British Columbia'' (Director of Children, Family, and Community Services), [1998] 8 WWR 1 (BCCA). | Reports to the Ministry are anonymous. No action lies against a person making a report unless it is made maliciously or without reasonable grounds. Failure to report cases of abuse or exploitation constitutes an offence (s 14(3)), even when the information was confidential or privileged, except for when the information was obtained through a solicitor-client relationship (s 14(2)). The Director under the ''CFCSA'' must assess the information reported (s 16). Case law has demonstrated that the duty of the director to act is actually broader than the legislated duty: see [http://canlii.ca/t/1dz13 ''BS v British Columbia'' (Director of Children, Family, and Community Services), [1998<nowiki>]</nowiki> 8 WWR 1 (BCCA)]. | ||
== E. Removal == | == E. Removal == | ||