Divorce Lawyer Edmonton | Alberta Child Welfare Laws
While there are many different government agencies that handle complaints about child welfare in Alberta according to divorce lawyer Edmonton.
All of the agencies can collectively be referred to as child and family services. And they have an obligation to investigate when they receive complaints about children in need.
Whether this complaint has come from witnesses, or from other official agencies such as police or RCMP. Child and family services have very broad powers not only to investigate these complaints.
But they also have the ability to protect the child, and help ensure that this situation that caused the complaint in the first place. Can get solved, so that the child can be protected.
And while child and family services can investigate a matter of complaint, and allow them to handle situations in or out of court.
However, if they discover that a child is in need of intervention according to divorce lawyer Edmonton. They have the obligation to take significant action.
During the investigation via child and family services. Parents or guardians can be given an agreement about how to fix problems they may have discovered. Or address the concerns that caused the investigation in the first place.
However, divorce lawyer Edmonton says that parents and guardians need to know that these agreements that they are given must be signed completely voluntarily. And they cannot be forced to sign them.
They also have the right to get independent legal counsel. In order to make the decision on what they should do now that they have received this agreement or application.
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The options that they will have, are to agree to sign the document, which typically will have requirements set out for the parents or guardians. Such as counselling, or assessments.
And depending on the severity of the situation. Children can either remain with the parents while these conditions are being met. Or, they wil not be in the parents or guardians care. Such as staying with family members, or being in foster care.
Or, after discussing the matter with independent legal counsel. They can petition to modify the agreements.
They can make amendments to the agreement to child and family services. That says that if these changes are made to the agreement. The parents will sign the document. And then adhere to the conditions.
Or, the parent or guardians last option. Is to completely oppose the agreement altogether. And at that point, the matter will go to trial. Where the parents or guardian can let a judge decide. What the appropriate course of action should be.
These orders can be quite serious. Which is why no parent or guardian should sign them. Without getting independent advice on what they mean. And how the parent or guardian should meet all of the conditions.
One of the most important things to take into consideration. Is that if the parents or guardians children are indigenous, Métis or Inuit. This requires a child and family services to take their culture into consideration. While making their decisions.
With how serious child welfare laws are. Any parents who get an application or an order from child and family services. Should contact their lawyer immediately.
Divorce Lawyer Edmonton | The Importance Of Knowing Alberta Child Welfare Laws
If a complaint has been filed about if a child needs intervention, divorce lawyer Edmonton says. Child and family services is going to get involved.
Child and family services is the name of many different government agencies. That can investigate, and deal with matters concerning child welfare.
When child and family services get a complaint, or hear about a child in need. This is when they will take action, investigating the situation.
And then making recommendations on how to rectify the situation. Both with the parents or guardians. Or within a court of law. Allowing a judge to make the final decision says divorce lawyer Edmonton.
And while child and family services is not police or the RCMP. They do have extremely broad powers. That allow them the ability to thoroughly investigate. Any complaint that they have received.
They can come into the home of the child, speak to guardians and parents. As well as speak to third parties. Who might be witnesses related to the complaint.
They will be able to see the conditions of the home. As well as see how the child is being capped. And all of these things that they discover. Can help them formulate a plan, of how the situation can get rectified.
Child and family services can create various agreements with parents or guardians. About how they can handle the situation and fix problems. That child and family services believe. It will help fix the issue that caused the complaint.
These agreements will either be called custody agreements. Or perhaps family enhancement agreements, evenpermanent guardian agreements.
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Before any parent signs these agreements. The best scenario is. That they get independent legal advice says divorce lawyer Edmonton. And while many parents or guardians may not be able to afford lawyers.
Many lawyers across Alberta can give parents and guardians. Free legal advice regarding any agreements. That child and family services issues them.
In addition to that, the act that governs child welfare in Alberta. Is called the child youth family and enhancement act. And can be found for free online.
So parents or guardians can even look at the act that governs child and family services. In order to help them understand what their rights are.
However, this is what will happen if child and family services. Try to rectify the situation out of court. But if they decide that the issue is serious enough. They can take the matter directly to court.
If this is the option that child and family services is going to go through. They will apply for something called an apprehension order. And it will give child and family services. The ability to apprehend children from the home. Because they believe that they are in danger.
No matter how apparent might interact with child and family services. They should get independent legal advice. Because that can significantly impact how the situation is going to unfold.
The best chances for parents to rectify the situation. So that they may continue to have custody of their children. Is to follow the advice of a lawyer.