Divorce Lawyer Edmonton | Children In Need Of Intervention
There is a very extensive act in Alberta, dealing with child welfare according to divorce lawyer Edmonton. And this act is designed to protect one of the most vulnerable segments of our society.
Ultimately, this act requires and obligates a person who witnesses a child who is in need of intervention. To report that incident to the appropriate authorities. So that it can be thoroughly investigated.
However, many people may not understand what a child in need of intervention looks like. And while it can be difficult enough to speak up. Especially when it is not a situation that a person is very familiar with.
People need to understand what this looks like. So that they can be empowered to alert the proper authorities. If they see a child safety is compromised.
What a child that is in need of intervention looks like according to divorce lawyer Edmonton. Is if a person has probable or reasonable grounds to believe that the child’s safety, development or security is in danger.
While this can mean that a child who is lost, or abandoned is definitely in danger. Or, this is the act that will help people know what to do in case of a child’s guardian or parent passing away.
It also is the act that specifies what child endangerment looks like. Whether a child is being physically abused or neglected by a guardian. Or if there guardian is unwilling or unable to protect that child from that abuse.
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Not only does this cover physical and emotional abuse. This also text children from sexual abuse, and from cruel and unusual punishment.
Whether a child is in danger from their parent or guardian says or if their parent or guardian is unable or unwilling to protect their child from the situation. This makes the child in danger and requiring intervention.
In this case, the child and safety services will investigate. And they will have very broad powers to allow them to thoroughly understand the situation. From being able to enter the guardian or parent’s home. And speak directly to those parents or guardians.
However, they also will be allowed to speak directly to the child, siblings and other family members. As well as any other people such as witnesses that they believe will have information. Such as neighbours or teachers.
Depending on the findings of child and family services. They can either create a document called a family enhancement agreement. That will allow parents and guardians to enter into a document.
That will specify how to fix the situation and remove the dangers. Or, it will help child and family services proceed to court. Where they can argue in front of a judge, about how to best protect this child.
Regardless of how the child and family services proceed. Divorce lawyer Edmonton suggests that once a family is aware that there is an investigation. They should contact a lawyer who will be able to help them navigate the next steps. So that they can help ensure that what is in the best interest of their child can occur.
Divorce Lawyer Edmonton | Helping Children In Need Of Intervention
If children are in danger, either from their parents or guardians says divorce lawyer Edmonton. Or if there parent or guardian is unable for any reason to protect them from a danger. This is considered a child who is in need of intervention.
Many people are unaware that they are legally obligated to report to situations where they see a child in need of intervention. And while there are many different government agencies that can handle child welfare. It is collectively referred to as child and family services.
Once a person makes a complaint, or files a report. They can do so with any government agency including police and RCMP. Who will alert the appropriate authorities associated with child welfare in their area. Who will be able to conduct a thorough investigation.
Once the investigation is complete, child and family services will have recommendations on how the situation can be resolved.
In most cases, they will create a family enhancement agreement. That includes a variety of conditions that parents or guardians must resolve. In order to consider the child no longer in danger.
Many of these conditions according to divorce lawyer Edmonton can relate to parents taking courses such as a parenting course. That can help teach them skills on how to care for their family effectively.
Or they may be required to get addictions counselling, or counselling related to domestic violence. Often, if parents are unable to remove their child from danger. It is because they are often in danger themselves.
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So by creating a document that can protect the guardian or parent. They can both get the help they need. To ensure that the child is not in danger any longer.
However, these agreements are not required to be signed. And parents or guardians may choose not to. Which will force the issue to go to court.
Once in court, a judge will need to listen to both of the parent and guardian as well as child and family services. And look at all of the evidence that both sides present.
It is at this point, that the judge will need to make a decision that is in the best interest of the child. Once this decision is made, it is immediate and legally binding.
If it goes to court, child and family services will seek one of three applications. A provision order. That allows parents to have custody of their children while they complete conditions to make things safer for that child.
Or a temporary guardianship order. Which will have the same conditions says divorce lawyer Edmonton. However other family members or foster care will be caring for their children while they complete the recommendations.
And finally, if it is a serious enough situation. Child and family services can file for a permanent guardianship. Which will remove the parental rights of a parent or guardian.
And if this is what they are asking a judge to consider. It is definitely in a parent’s best interest to get a lawyer to help them have the best legal representation during the trial.