JUST 2030 Lecture Notes - Lecture 7: Law Enforcement Officer, Coroner
Child and Family Services Act
Normally, matters requiring attention under this Statute are the responsibility
of the Children’s Aid Societies and other social services, HOWEVER in emergent
and other appropriate situations that call for protection and/or enforcement,
the police are expected and required to take action.
-
CHILD IN NEED OF PROTECTION
A child is in need of protection where,
-
the child has suffered physical harm, inflicted by the person having charge of
the child or caused by that Person= failure to care and provide for or supervise
and protect the child adequately;
a.
there is substantial risk that the child will suffer physical harm inflicted or
caused as described in clause (A)
b.
the child has been sexually molested or sexually exploited by the person having
charge of the child or by another person where the person having charge of the
child knows or should know of the possibility of sexual molestation or sexual
exploitation and fails to protect the child
c.
there is substantial risk that the child will be sexually molested or sexually
exploited as described in clause
d.
the child requires medical treatment to cure, prevent or alleviate physical
harm or suffering and the child and child's parent or the person having charge
of the child does not provide, or refuses or is unavailable or unable to consent
to the treatment consent treatment
e.
the child has suffered emotional harm, demonstrated by Severe….
anxiety
a.
depression
b.
withdrawal, or
c.
self-destructive or aggressive behavior,
d.
f.
AND the child's parent or the person having charge of the child, does not
provide or refuses or is unavailable to consent to, services or treatment to
remedy or alleviate the harm.
-
substantial risk that the child will suffer emotional harm of the kind described
in clause
g.
(f) and caregivers as defined above are unable to consent to services or
treatment to prevent the harm
the child suffers from a mental, emotional or developmental condition that if
not remedied, could seriously impair the child’s development and the child’s
parent or the person having charge of the child does not provide or refuses or
is unable or unable to consent to treatment to remedy or alleviate the
condition
h.
the child has been abandoned, the child’s parent has died or is unavailable to
exercise his or her custodial rights over the child and has not made adequate
provision for the child’s care and custody or the child is in a residential
placement and the parent refuses or is unable to unwilling to resume the
child’s care and custody.
i.
the child is less than twelve years old and has killed or seriously injured
another person or caused serious damage to another caused another persons
property……..once again refusal, unable, ..unavailable to consent to services or
treatment.
j.
the child is less than twelve years old and has on more than one occasion
injured another person or caused loss or damage to another person's property
with the encouragement of the person having charge of the child, or the
persons failure to supervise the child adequately or adequately or
k.
the child’s parent is unable to care for the child and the child is brought before
the court with the parent’s consent and where the child is 12 years old with
the child’s consent is to be dealt with under this part.
l.
WARRANT TO APPREHEND CHILD
A Justice of the Peace may issue a warrant authorizing a child protection
worker to bring a child to a place of safety if the justice of the peace is
satisfied by sworn information that there are reasonable and probable grounds
to believe that…
-
the child is in need of protection; andA.
a less restrictive course of action is not available or will not protect the child
adequately.
B.
AUTHORITY TO ENTER
Section 40(6): A child protection worker authorized to bring a child to a place
of safety by a warrant issued under sub (2) may at any time enter any premises
specified in the warrant or order by force if necessary and may search for and
remove the child.
-
APPREHENSION WITHOUT WARRANT
A child protection worker who believes on reasonable and probable grounds
that,
-
a child is in need of protection; and protection; andA.
there would be a substantial risk to the child substantial child's health or safety
during the time necessary to bring the matter on for a hearing or to obtain a
warrant obtain warrant.… MAY
B.
Without a warrant bring the child to a place of safety.
-
RIGHT OF ENTRY
Section 40(11): a child protection worker who believes on reasonable and
probable grounds that a child is on any premises defined in sub (7) MAY without
warrant enter the premises, by force if necessary and search for and remove
the child.
-
PEACE OFFICER HAS POWER OF PROTECTION WORKER
Subsections (2), (6), (7), (10) AND (12) apply to a peace officer as if the peace
officer were a child protection worker.
-
PROTECTION FROM PERSONABLE LIABILITY
Sec 40(14): No action shall be instituted against a peace officer or child
protection worker for any act done in good faith in the execution of that
person’s duty under this section.
-
APPREHENSION OF CHILD
By Police officer or child protection worker protection worker
-
If child under 16 has left or been removed from society's lawful care without
consent and there would be substantial risk to the child to child's health or
safety during the time necessary to obtain a warrant MAY warrant MAY Without
warrant bring the child to a place of safety Sec 41(4)(a)(b)
-
Peace officer or child protection worker may apprehend without warrant if
child is absent from a place of open Temporary Detention without consent.
-
APPREHENSION OF CHILD UNDER 12
Section 42(1):
-
A peace officer who believes on reasonable and probable grounds that a child
actually or apparently is under 12 year and has committed an act of which a
person over the age of 12 could be found guilty of an offence may apprehend
the child without warrant and in doing so…
-
shall return the child to the child's parent or other person having charge of the
child as soon as practicable or
A.
where is not possible to return the child to the parent or other person within a
reasonable time, shall take the child to a place of safety until a parent is
located.
B.
WARRANT TO APPREHEND RUNAWAY CHILD
A JP may issue a warrant issue a p.o. or c.p.w. is satisfied that
-
child is under age of 16 yearsA)
child has withdrawn from parent's care without consent without consentB)
parent believes on reasonable and probable grounds that the child's health or
safety may be at risk if the child is not apprehended.
C)
Duty to Report
Sec 72(2): Duty to Report a child in Need of Protection.
-
A person who believes on reasonable and probable grounds that a child is or
may be in need of protection shall forthwith report the belief and the
information upon which is based to a society.
-
Suspicion of Abuse
Sec 72(3): A professional (outlined below) who in the course of his or her
professional or official duties has reasonable grounds to suspect that a child is
or may be suffering or may have suffered abuse shall forthwith report the
suspicion and the information on which it is based to a society.
-
a health care professional, including a physician, nurse, dentist, pharmacist
and psychologist.
A)
a teacher, a school principal, social worker, family counselor, priest, rabbi,
clergy person, operator or employee of a day nursery and youth and recreation
worker
B)
a peace officer and a coronerC)
a solicitor; andD)
a service provider and an employee of a service provider.E)
DEFINITION of “abuse”
Means a state or condition of being physically harmed, sexually molested or
sexually exploited.
-
CHILD ABUSE
No person having charge of a child shall,
inflict abuse on the child; orA)
by failing to care and provide for or supervise and protect the child
adequately,
B)
permit the child to suffer abuse, ori.
permit the child to suffer from a mental, emotional or developmental
condition that if not remedied, could seriously impair the childs
development.
ii.
OFFENCE
Section 85(2): A person who contravenes subsection 79(2) is guilty of an
offence and is liable to a fine not more than $2000.00 or to imprisonment for a
term of not more than two years, or both.
-
W7 (CAS) Child & Family Services Act
Wednesday,) February)28,)2018
8:41)AM
Child and Family Services Act
Normally, matters requiring attention under this Statute are the responsibility
of the Children’s Aid Societies and other social services, HOWEVER in emergent
and other appropriate situations that call for protection and/or enforcement,
the police are expected and required to take action.
-
CHILD IN NEED OF PROTECTION
A child is in need of protection where,
-
the child has suffered physical harm, inflicted by the person having charge of
the child or caused by that Person= failure to care and provide for or supervise
and protect the child adequately;
a.
there is substantial risk that the child will suffer physical harm inflicted or
caused as described in clause (A)
b.
the child has been sexually molested or sexually exploited by the person having
charge of the child or by another person where the person having charge of the
child knows or should know of the possibility of sexual molestation or sexual
exploitation and fails to protect the child
c.
there is substantial risk that the child will be sexually molested or sexually
exploited as described in clause
d.
the child requires medical treatment to cure, prevent or alleviate physical
harm or suffering and the child and child's parent or the person having charge
of the child does not provide, or refuses or is unavailable or unable to consent
to the treatment consent treatment
e.
the child has suffered emotional harm, demonstrated by Severe….
anxietya.
depressionb.
withdrawal, orc.
self-destructive or aggressive behavior,d.
f.
AND the child's parent or the person having charge of the child, does not
provide or refuses or is unavailable to consent to, services or treatment to
remedy or alleviate the harm.
-
substantial risk that the child will suffer emotional harm of the kind described
in clause
g.
(f) and caregivers as defined above are unable to consent to services or
treatment to prevent the harm
the child suffers from a mental, emotional or developmental condition that if
not remedied, could seriously impair the child’s development and the child’s
parent or the person having charge of the child does not provide or refuses or
is unable or unable to consent to treatment to remedy or alleviate the
condition
h.
the child has been abandoned, the child’s parent has died or is unavailable to
exercise his or her custodial rights over the child and has not made adequate
provision for the child’s care and custody or the child is in a residential
placement and the parent refuses or is unable to unwilling to resume the
child’s care and custody.
i.
the child is less than twelve years old and has killed or seriously injured
another person or caused serious damage to another caused another persons
property……..once again refusal, unable, ..unavailable to consent to services or
treatment.
j.
the child is less than twelve years old and has on more than one occasion
injured another person or caused loss or damage to another person's property
with the encouragement of the person having charge of the child, or the
persons failure to supervise the child adequately or adequately or
k.
the child’s parent is unable to care for the child and the child is brought before
the court with the parent’s consent and where the child is 12 years old with
the child’s consent is to be dealt with under this part.
l.
WARRANT TO APPREHEND CHILD
A Justice of the Peace may issue a warrant authorizing a child protection
worker to bring a child to a place of safety if the justice of the peace is
satisfied by sworn information that there are reasonable and probable grounds
to believe that…
-
the child is in need of protection; andA.
a less restrictive course of action is not available or will not protect the child
adequately.
B.
AUTHORITY TO ENTER
Section 40(6): A child protection worker authorized to bring a child to a place
of safety by a warrant issued under sub (2) may at any time enter any premises
specified in the warrant or order by force if necessary and may search for and
remove the child.
-
APPREHENSION WITHOUT WARRANT
A child protection worker who believes on reasonable and probable grounds
that,
-
a child is in need of protection; and protection; andA.
there would be a substantial risk to the child substantial child's health or safety
during the time necessary to bring the matter on for a hearing or to obtain a
warrant obtain warrant.… MAY
B.
Without a warrant bring the child to a place of safety.
-
RIGHT OF ENTRY
Section 40(11): a child protection worker who believes on reasonable and
probable grounds that a child is on any premises defined in sub (7) MAY without
warrant enter the premises, by force if necessary and search for and remove
the child.
-
PEACE OFFICER HAS POWER OF PROTECTION WORKER
Subsections (2), (6), (7), (10) AND (12) apply to a peace officer as if the peace
officer were a child protection worker.
-
PROTECTION FROM PERSONABLE LIABILITY
Sec 40(14): No action shall be instituted against a peace officer or child
protection worker for any act done in good faith in the execution of that
person’s duty under this section.
-
APPREHENSION OF CHILD
By Police officer or child protection worker protection worker
-
If child under 16 has left or been removed from society's lawful care without
consent and there would be substantial risk to the child to child's health or
safety during the time necessary to obtain a warrant MAY warrant MAY Without
warrant bring the child to a place of safety Sec 41(4)(a)(b)
-
Peace officer or child protection worker may apprehend without warrant if
child is absent from a place of open Temporary Detention without consent.
-
APPREHENSION OF CHILD UNDER 12
Section 42(1):
-
A peace officer who believes on reasonable and probable grounds that a child
actually or apparently is under 12 year and has committed an act of which a
person over the age of 12 could be found guilty of an offence may apprehend
the child without warrant and in doing so…
-
shall return the child to the child's parent or other person having charge of the
child as soon as practicable or
A.
where is not possible to return the child to the parent or other person within a
reasonable time, shall take the child to a place of safety until a parent is
located.
B.
WARRANT TO APPREHEND RUNAWAY CHILD
A JP may issue a warrant issue a p.o. or c.p.w. is satisfied that
-
child is under age of 16 yearsA)
child has withdrawn from parent's care without consent without consentB)
parent believes on reasonable and probable grounds that the child's health or
safety may be at risk if the child is not apprehended.
C)
Duty to Report
Sec 72(2): Duty to Report a child in Need of Protection.
-
A person who believes on reasonable and probable grounds that a child is or
may be in need of protection shall forthwith report the belief and the
information upon which is based to a society.
-
Suspicion of Abuse
Sec 72(3): A professional (outlined below) who in the course of his or her
professional or official duties has reasonable grounds to suspect that a child is
or may be suffering or may have suffered abuse shall forthwith report the
suspicion and the information on which it is based to a society.
-
a health care professional, including a physician, nurse, dentist, pharmacist
and psychologist.
A)
a teacher, a school principal, social worker, family counselor, priest, rabbi,
clergy person, operator or employee of a day nursery and youth and recreation
worker
B)
a peace officer and a coronerC)
a solicitor; andD)
a service provider and an employee of a service provider.E)
DEFINITION of “abuse”
Means a state or condition of being physically harmed, sexually molested or
sexually exploited.
-
CHILD ABUSE
No person having charge of a child shall,
inflict abuse on the child; orA)
by failing to care and provide for or supervise and protect the child
adequately,
B)
permit the child to suffer abuse, ori.
permit the child to suffer from a mental, emotional or developmental
condition that if not remedied, could seriously impair the childs
development.
ii.
OFFENCE
Section 85(2): A person who contravenes subsection 79(2) is guilty of an
offence and is liable to a fine not more than $2000.00 or to imprisonment for a
term of not more than two years, or both.
-
W7 (CAS) Child & Family Services Act
Wednesday,) February)28,)2018 8:41)AM
Document Summary
Child in need of protection a. b. c. d. e. f. g. h. Without a warrant bring the child to a place of safety. Section 40(11): a child protection worker who believes on reasonable and. Subsections (2), (6), (7), (10) and (12) apply to a peace officer as if the peace officer were a child protection worker. Sec 40(14): no action shall be instituted against a peace officer or child protection worker for any act done in good faith in the execution of that person"s duty under this section. By police officer or child protection worker protection worker. Peace officer or child protection worker may apprehend without warrant if child is absent from a place of open temporary detention without consent. Sec 72(2): duty to report a child in need of protection. A person who believes on reasonable and probable grounds that a child is or.
