Divorce Lawyer Edmonton | What Child Welfare Laws Are About
Since child welfare laws are governed provincially says divorce lawyer Edmonton. The act in Alberta that governs child welfare laws is called the child youth family and enhancement act.
This is a very comprehensive and large act. That lays out all of the laws and rules related to child welfare in Alberta. It can be found online for free in its entirety by going to the right online resources.
What many citizens of Alberta find very surprising about this law. Is that if anyone sees that a child is in danger, or is in need of intervention. Which means there is a reason to believe that the safety or security of that child is compromised.
That citizen is obligated by law to report the situation to the appropriate government agency. There are many different agencies that are tasked with handling matters concerning child welfare in Alberta.
And depending what part of the province people live in. Specifically if people are in rural areas, or urban centres. It may be a different government agency. However, they are collectively referred to as child and family services.
Once child and family services have been notified. That someone has issued a complaint. That a child is in need of intervention. They have broad and far-reaching powers. That allow them to thoroughly investigate the complaint.
This means they can enter the home, and see the living conditions of the child. Speak to the guardians and parents of that child. As well as speak directly to that child independently of their parents or guardians.
They also are able to go to any third-party witnesses and speak to them. Including family members such as grandparents or aunts and uncles. Teachers, neighbours, and even friends of the family says divorce lawyer Edmonton.
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Once they have concluded their investigation. Child and family services have several different options on what they are able to do next. If they determine that the complaint is unfounded. And the child is not in need of intervention. They can file the reports and close the case.
However, if they determine that the child is in need of help. They can either draft up what is called a family enhancement agreement. That outlines changes that the parents or guardians need to make. In order to correct the situation. And take that child out of danger.
Unfortunately, if they believe that the parents or guardians will be unable or unwilling to comply with the family enhancement agreement. They can simply take the entire matter to court. And that will force a trial to happen. Where the parents or guardians will have to present their case, have the judge rule on their side.
One very important thing that divorce lawyer Edmonton says people need to keep in mind. Is often, parents or guardians.
May be unable to comply with the family enhancement agreement. For the same reason they were unable to protect their child. Because they could be subjected to family or domestic violence themselves.
By taking these actions, child and family services is actually protecting the entire family. Helping the parent or guardian who is also experiencing abuse. Away from the situation, where a trial or a judgement from a judge. Can help protect the child as well as the period who is in danger.
Divorce Lawyer Edmonton | What Child Welfare Laws Are For
Typically, governments take protecting their most vulnerable citizens very seriously says divorce lawyer Edmonton. Which is why there are so many different laws protecting them.
In Alberta, not only is there an extremely comprehensive act that governs the laws relating to child welfare.
But they have also empowered the government agencies that collectively referred to as child and family services. To be able to take extremely broad actions, in order to protect those children.
Once a complaint has been made. That there is a child that is in need of intervention. Which means there is reason to believe that the safety of the child is in danger.
If the investigation by child and family services indicates. That the child is in danger. And that they do not believe that the parents or guardians will be able to or willing to take the actions needed. To protect the children.
They can apply for something through the courts and is granted by a judge. Called an apprehension order. This allows child and family services to sees the children who are in danger. Without the parents being warned ahead of time.
Typically, this happens when the child is in immediate physical, sexual or emotional danger by the parents or guardians directly says divorce lawyer Edmonton.
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However, when parents or guardians have had their child apprehended by child and family services. Ultimately, this will force a trial to happen. Where they will be able to present their own evidence and plead their own case before a judge.
After an apprehension order. Child and family services will have only forty-two days from the date of apprehension. To file a court order or application. That specifies what decision they want the judge to make.
They can apply for a supervision order. Which allows the parent or guardian to have custody of their child. While they are completing conditions that can help make the child safe.
This can include getting counselling for domestic violence, getting a parenting assessments, or going to addictions therapy. Anything that the child and family services or judge requires the parents or guardians to do. In order to make their children safe.
A child and family services can apply for temporary guardianship order. Which means a family member or foster care takes their child while they complete the same kind of conditions.
Or, the child and family services believe that the child is in so much danger, that the parent or guardian would be unable or unwilling to take the necessary steps to protect them. And it which case, this order strips that parent or guardian of their parental rights.
With how serious and investigation by child and family services can be. Divorce lawyer Edmonton says any one who is being investigated. Should contact their own independent legal advice. Find out what their legal rights are. I what their next steps need to be.