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Difference between revisions of "Children and the Law (3:XII)"
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Children and the Law (3:XII) (view source)
Revision as of 08:23, 4 August 2017
, 08:23, 4 August 2017→2. Presentation Hearing
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=== 2. Presentation Hearing === | === 2. Presentation Hearing === | ||
The Director must attend | The Director must attend a presentation hearing within seven days of the removal (''CFCSA'', s 34) and present a written report that includes: | ||
*the circumstances of the removal; | *the circumstances of the removal; | ||
*information about less disruptive measures considered before removal; and | *information about less disruptive measures considered before removal; and | ||
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A child who is removed under the ''CFCSA'' is put under the care of the Director until the Court makes an interim order about the child, the child is returned, or until the Court makes a custody or supervision order (s 32). A presentation hearing is a summary hearing and must be concluded as soon as possible (normally within 30 days) (s 33.3). | A child who is removed under the ''CFCSA'' is put under the care of the Director until the Court makes an interim order about the child, the child is returned, or until the Court makes a custody or supervision order (s 32). A presentation hearing is a summary hearing and must be concluded as soon as possible (normally within 30 days) (s 33.3). | ||
If the parents consent to the interim removal, an order will be made that the child remain in the custody of the Director pending a protection hearing (see below). If the parent(s) disagree with the removal, a presentation hearing will be scheduled as soon as possible (s 33.3) to determine where the child should live pending the full protection hearing. The presentation hearing may proceed by way of affidavits or viva voce evidence. At the conclusion of the presentation hearing, the child may stay in the custody of the Director, may be returned to his or her parent(s) or may be returned to his or her parent(s) under supervision(s 35(2)). It is important to note that the notice of the presentation hearing need not be formally served, and informal notice is adequate. | If the parents consent to the interim removal, an order will be made that the child remain in the custody of the Director pending a protection hearing (see below). If the parent(s) disagree with the removal, a presentation hearing will be scheduled as soon as possible (s 33.3) to determine where the child should live pending the full protection hearing. The presentation hearing may proceed by way of affidavits or viva voce evidence. At the conclusion of the presentation hearing, the child may stay in the custody of the Director, may be returned to his or her parent(s) or may be returned to his or her parent(s) under supervision(s 35(2)). It is important to note that the notice of the presentation hearing need not be formally served, and informal notice is adequate. | ||
=== 3. Protection Hearing === | === 3. Protection Hearing === | ||
