Divorce Lawyer Edmonton | Protecting Children in Alberta
Anyone who has witnessed a child in need of intervention, is obligated to report the situation according to divorce lawyer Edmonton. This means whether they have been to the child’s home. Or if they are a child’s teacher, or other family member. They have a serious obligation.
The statute that governs child welfare, and the laws in Alberta regarding to child welfare. Is called the child the youth family and enhancement act. This act lays out very comprehensive rules related to children, and their welfare.
If someone does see something that concerns them about the welfare of a child. They have a legal obligation to report this to a governing body. Such as the police, RCMP, or any of the government agencies. That handle child welfare that make up Child and family services.
However, if people do not understand what it means. When a child is in need of intervention. They should understand what that looks like. So that they can make a decision. If they encounter a child that they believe is in danger.
Divorce lawyer Edmonton says that if a person believes there is a reasonable or probable grounds. That this safety, security or development of a child. Is in any way endangered. They have a legal obligation to bring that to the attention of the authorities.
Specifically, children in need of intervention may have been abandoned or lost. The parent or guardians of the child are deceased. If the child has been neglected, physically or sexually abused by the Guardian.
Or if the parent or guardian is unable or unwilling to protect that child. From those same risks from another person, no matter who that person is.
Also, a child who is in need of intervention also may be emotionally abused by a guardian.
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Or if they guardian subjects their child, or is unable or unwilling to protect their child from cruel and unusual punishment.
In any of these circumstances, it is very important that a person who witnesses anything that makes them believe that a child is in need of intervention. Reports this situation to the authorities says divorce lawyer Edmonton.
Once a complaint has been made, or a report has been filed. Child and family services will get involved in order to investigate the complaint.
They will be able to come into the home, speak to the guardians or parents. Speak to the child directly, and any other witnesses that are involved in the well-being of the child.
They can be witnesses, or conspirators. And can include people in positions of power, such as teachers, baby sitters, or even neighbours who may have seen something.
Once the investigation is concluded, child and family services will be able to handle the situation either outside of court. Or take the situation before a judge. In whatever manner they think will help rectify the situation and protect the child.
Any parent or guardian who is being investigated by child and family services. Should contact a lawyer, to find out not only what they should be doing.
But understand what their rights are. Because the most beneficial outcome for the child. Can depend on how a parent responds once the investigation is complete.
Divorce Lawyer Edmonton | Protecting Children in Alberta With The Right Laws
The government agencies that protect children are under the umbrella term child and family services according to divorce lawyer Edmonton. And they have a lot of power when it comes to able to protect children. In a variety of situations that may cause them harm.
They have two options when it comes to the next steps. If their investigation has revealed. That a child is in fact in danger, or does need intervention of the agency.
They can either handle the situation in court, or out of court. Out of court, they can create an agreement. This agreement can be called a family enhancement agreement.
That can indicate how parents or guardians can fix problems. As well as how they can address the concerns that were raised as a result of their report.
Once a parent or guardian has signed a family enhancement agreement. It becomes legally binding. Therefore, a parent or guardian needs to understand exactly what it says before signing it.
Many lawyers across the province. Will be more than happy to review a family enhancement agreement for free. And give advice on whether a parent or guardian should sign it or not.
If parents agreed to sign this, they can simply complete the conditions within the agreement, and have child and family services close the matter.
However, it is also within the parent’s rights to suggest amendments of the agreement to Child and family services. And once amended, they may wish to sign the agreement. And meet the requirements within the document.
However, they do not have to sign the agreements at all. And if refused, the matter will then go to court. In order for a judge to make the decision.
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Although this is what happens if child and family services decides not to go through the court system to rectify the situation. But they can choose to go through court instead says divorce lawyer Edmonton.
If this is the route they wish to take, they will instead apply for something called an apprehension order. Which is granted by a judge, allowing child a family services to remove children from the home.
If this happens, parents or guardians will not get notification that this is happening. And authorities will come to apprehend the children.
Within a specific amount of time, divorce lawyer Edmonton says. Child and family services must make what is called a substantial application.
And these substantive applications will be similar to the family enhancement agreements. That will have a series of conditions that parents or guardians must adhere to. To allow them to close the matter, or regain custody of their children.
In very serious cases, the substantive application that child and family services makes. Will be to permanently remove the children from the parents or guardians care. And is reserved for only the most serious situations where children need intervention.
With how serious child welfare is in Alberta. Any parents who are currently navigating issues with Child and family services. Can benefit from having a lawyer on their side advocating for the parent.