Divorce Lawyer Edmonton | Laws Protecting Children
Laws that are designed to protect children typically are extremely thorough says divorce lawyer Edmonton. Because protecting the most vulnerable citizens. Is something that most governments take extremely seriously.
The act that governs child welfare laws within the province of Alberta. Is called the child youth family and enhancement act.
While being very thorough, the act in its entirety can be found online for free. For anyone has any questions about child welfare. And protecting children in Alberta.
What this act will outline, is what a child who is in need of intervention looks like. So that any citizen who sees a child who needs help. Know not only what they look like. But that they are obligated to report the situation.
If people witness a child in need of help, and they do not report the situation. They may find themselves to blame, for failure to bring attention to a case where child is in need of help.
Ultimately, a child who is in need of intervention. Is a child whose safety, security or development is in danger. Or if people have reasonable or probable grounds to believe that the child is in danger.
While this can include situations where child has run away from home, or has become lost from their family. Or even if there parents or guardians have passed away.
This also specifies children who have been neglected by their parent or guardian, or being physically injured, sexually or emotionally abused by their parent or guardian. Or if their parent or guardian subjects their child to cruel and unusual punishment.
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It also specifies children whose parents or guardian are unwilling or unable to protect their child from these same abuses or injuries.
In any situation where a complaint has been made, child and family services will be called into action. Child and family services is the umbrella term used to represent any of the government agencies that handle matters concerning child welfare.
And once child and family services have been notified of a complaint. They will very thoroughly investigate the complaint. And will have extremely broad powers in order to do so.
Not only will they be empowered to speak directly to the child, away from the parents or guardians says divorce lawyer Edmonton. They will also be able to speak directly to the parents and guardians.
As well as come directly into the home to investigate. They will look to see if there are any dangers within the home. And the conditions in which the child is kept. This will include the safety of the home.
They will look to see if there is enough food in the home, and to see if the child has any signs of abuse on their body as well.
Child and family services may also speak to witnesses, such as teachers, neighbours, extended family members such as grandparents or aunts and uncles.
At the conclusion of their investigation. They have the ability to suggest changes, if they believe that that will help protect the child in the future says divorce lawyer Edmonton.
Or, they can take the matter to court. Where a judge will be able to specify what needs to happen in order to protect the children.
Divorce Lawyer Edmonton | Laws Protecting Children in Alberta
Typically, in society, divorce lawyer Edmonton says the laws protecting children are very thorough. Because most societies value protecting their most vulnerable members.
In Alberta, the act that governs those laws is called the child youth family and enhancement act. And this act specifies not only what a child who is in need of help looks like. But what the child and family services are empowered to do to help that child.
Ultimately, after the investigate. If child and family services finds that there are several deficiencies. That they believe the parents or guardians will be willing to fix. In order to keep that child safe.
They can draft up a family enhancement agreement. That will outline a list of conditions, and requirements for the parents or guardians to follow. In order to fix the situation.
Divorce lawyer Edmonton says that it can require parents or guardians to go to parenting classes, get counselling for addictions, depression, or domestic violence.
There typically will be a time limit on this agreement. And once signed, parents or guardians will have to complete the conditions and requirements by that date. In order to consider the matter closed by child and family services.
However, because parents or guardians are not legally obligated to sign this agreement. This can cause a child and family services to take the matter to court instead.
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However, before any parent or guardian flatly refuses to sign this agreement. They should understand their legal rights, as well as the ramifications of any of the choices that they make.
A parent or guardian who is presented with a family enhancement agreement says divorce lawyer Edmonton. Can either sign this, and then be legally obligated to the conditions within the agreement.
Or, along with their lawyer they can make suggestions on changes to the agreement. That once made have a parent or guardian agreed to sign it. And then adhere to the conditions.
Or, a lawyer may agree that the parent or guardian’s best option. Would be to go to court, and plead the case before a judge. If they refused to sign it, this will be the next step.
It is also within the rights of child and family services. That if they are going to go to court. They may apply for what is called initial custody. Which will give custody of the child to child and family services.
This initial hearing will be held before a judge. And the judge will ultimately decide who gets initial custody of the child while awaiting trial.
If it is a less serious cases, the judge will typically grant custody to the parents or guardians. However, any parents or guardians who refuse to sign the family enhancement agreement. Need to understand that there is a chance that they could lose custody of their child while awaiting trial.
This can happen very quickly, simply because child welfare laws in Alberta. Are meant to protect the child first and foremost.