Divorce Lawyer Edmonton | Child Protection Laws
The laws that govern child welfare is different in each province according to divorce lawyer Edmonton. And in the province of Alberta, the act that governs these laws are called the child youth family and enhancement act.
The government agencies that are called into action whenever a violation of this act is discovered. Our called the child and family services.
This is an umbrella term, because depending on the area of the province. Especially rural versus urban. Mean that different government agencies or workers may be called into action.
What the child youth family and enhancement act also specifies. Is that any citizen who witnesses a child who is in need of intervention. Is legally obligated to report the situation. And failure to do so could result in charges against that person.
However, many people may not know what a child in need of intervention is. Or what that looks like. Divorce lawyer Edmonton says some instances of children who are in need of intervention are very obvious.
Children who have run away from home, or children who are lost. Or in need of intervention. And the laws are very clear on what can be done to protect those children. And usually, reunite them with their parents or guardian.
Also, children whose parents or guardians have passed away. Are also in need of intervention. And typically what is done, is find out who the next of kin would be. Or if there is a well, naming who gets custody of the child next.
However, sometimes a child who is in need of intervention is at risk because their safety is being endangered. By specific acts by their parents or guardians. Either perpetuating violence, or being unable or unwilling to protect them against that violence.
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When a complaint is made that a parent or guardian is endangering their child. Either through their actions, or their in actions. An investigation will be launched by child and family services.
They will have extremely broad powers that they can use to investigate this complaint. Allowing them to go into the home, and speak to the guardians or parents, and the child themselves. As well as any third parties that could be witnesses to the allegations.
They also are able to investigate the home itself, seeing the condition of the home, and where the child is being captain.
Once the investigation has concluded. Child and family services will have several options of what can happen next. They can either determine that the complaint was unfounded. And nothing needs to be done. Except for file reports on the outcome.
Or, they can create what is called a family enhancement agreement. Which will provide conditions and steps for the parents or guardians to go through. In order to rectify the situation.
Or finally, child and family services can take the parents or guardians to court. If they believe that is what is needed in order to rectify the situation. And help ensure that the child is safe says divorce lawyer Edmonton.
By understanding who is responsible for reporting a child in need of intervention. As well as what will happen after complaint. Can help parents and guardians understand how children are protected in the province of Alberta.
Divorce Lawyer Edmonton | Child Protection Laws Continued
Governments typically take the welfare of the children who live in their province very seriously according to divorce lawyer Edmonton. And in Alberta, there are many different laws that are used to protect those children.
All of the laws that govern child welfare. Is called the child youth family and enhancement act. In this very comprehensive act, lays out all of the rules related to these laws. And what happens in case those laws are violated.
If a parent or guardian has been found to endanger their child in any way. Child and family services may ask them to sign a family enhancement agreement.
Which will outline conditions that they have for those parents. To help protect the child from further danger. Some of these conditions can include taking parenting courses, or getting counselling for addictions.
However, parents or guardians are under absolutely no obligation to sign these agreements. And if they refuse, this typically means that the matter is pushed to court. Where there will be a trial to determine what happens next.
There will be an initial hearing, for the courts to be able to determine who has initial custody of the child while awaiting trial. Child and family services will argue that they should have custody. While parents will typically argue that they should have custody instead.
Since the trial could be anywhere between a few months to over a year away. Divorce lawyer Edmonton says it is very important to determine who has this custody. And how serious the initial complaints of endangerment were.
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Once custody has been determined. Child and family services will also have to file an application within the court. About what they want the outcome to be. If the judge rules in their favour.
They can apply for a supervision order. Which is in order that will be very similar to the family enhancement agreement.
Allowing parents or guardians to continue having custody of their child. While they meet a certain set of requirements says divorce lawyer Edmonton.
Or, child and family services can apply for temporary guardianship orders. Which means the child will be in custody of other family members, or foster care while they are completing the requirements that they recommend.
Or finally, in serious cases of child welfare. Child and family services can apply for permanent guardianship orders. Which means if a judge rules in favour of Child and family services.
This will strip the parent or guardian of their parental rights. Without having access to their child again. Therefore, parents who are facing a trial due to a child welfare complaint. This should get independent legal counsel. In order to understand their rights, and how they can proceed.
While many parents may not have the ability to pay for a lawyer. There are agencies all across Alberta. That will help parents and guardians get the legal counsel they need.
To know how to proceed, but giving them free legal advice. So that even if they do not have the means to pay. They will have the best chance of representing themselves before a judge.
Understanding how the laws in Alberta protect child welfare. Is extremely important. And parents who find themselves under investigation by child and family services. Should understand their rights.