Divorce Lawyer Edmonton | Who Are Child And Family Services
While the laws in Alberta governing child welfare or vast according to divorce lawyer Edmonton. Child and family services are the government agencies. That are tasked with handling matters concerning child welfare.
However, child and family services is an umbrella term that refers to any of the government agencies that protect child welfare. Because each area of the province can have different government agencies. Especially when it is an urban centre, or a rural area of the province.
What these child welfare laws. Is that any time a person witnesses a child who they suspect is in need of intervention. Are legally obligated to alert the authorities who will contact child and family services to investigate.
However, if people are not aware of what a child who is in need of intervention is or what that looks like. They should read the child youth family and enhancement act. Because it outlines it very clearly.
If there is reason to believe that the safety, security or development of a child is in danger. This would be a child who is in need of intervention. This can be extremely clear-cut cases, a child who is been abandoned by their parent or guardian.
A child who has run away from home or has become lost. Or if the parents or guardians of a child have passed away. That child will need intervention. However, the laws also specify that if a child is neglected. If they are suffering from a cruel or unusual punishment
Or if they are otherwise a physically, sexually or emotionally harmed by their parent or guardian. Or if their parent or guardian is unable or unwilling to protect that child. That child is also in need of intervention.
And once a complaint has been filed, child and family services have far-reaching and broad powers. That will allow them to thoroughly investigate this complaints. This means that not only will it allow.
Child and family services access to the where the child lives. To speak to the guardians or parents, the child and to see the condition of the home. It will also allow the agency to speak to any third parties who could be witnesses.
Who might have information that will help them complete their investigation. This means other family members such as grandparents, or aunts and uncles. As well as teachers, neighbours, and friends. Who can all be called upon.
In order to make a statement about the complaint. At the conclusion of the investigation. Child and family services have three options. They can consider the complaint unfounded and close the case. They can present the parents and or guardians.
With a family enhancement agreement. That becomes a legally binding document. That helps the parents or guardians rectify the situation. Or, they can find that the child is in such danger, that they need to take the issue to court.
Says divorce lawyer Edmonton, in order to allow a judge to rule on the outcome of the situation. Any parents or guardians who have an active investigation by child and family services. Should understand what their rights and obligations are.
Which is why divorce lawyer Edmonton suggests they find independent legal counsel. So that they can help themselves, no matter what the outcome of the investigation reveals.
Divorce Lawyer Edmonton | Learning Who Are Child and Family Services Are
Typically, society will protect its most vulnerable members says divorce lawyer Edmonton. And that means the children in that society. Because they are unable to protect themselves.
In Alberta, the laws that govern child welfare are protected by an act that is called the child youth family and enhancement act. This act allows a group of government agencies that are tasked with handling child welfare matters called child and family services.
While it refers to many different government agencies that are called into action. Collectively, they have far reaching powers that they can use to help protect children. When the child and family services investigates.
Depending on what they find, they can create agreements, that are designed to help parents or guardians fix the deficiencies says divorce lawyer Edmonton. In order to bring their child to safety. However, if a parent or guardian refuses to sign the agreement.
Or, if the child is in grave enough danger. Child and family services may take the issue straight to court. If they decide to go to court. They will have to apply for something which can only be granted by a judge. Called an apprehension order.
This will authorize child and family services to remove the child from the parent or guardian’s custody temporarily. From the moment of the apprehension, child and family services will have forty-two days to apply to the courts. On what they wish the judge to rule on.
These court orders or applications are considered substantial matters. And if they do not file a substantive matter within forty-two days. The apprehension order will end, and the parents or guardians will resume having custody of their child.
If however within forty-two days from the date of apprehension. Child and family services files either a supervision order, a temporary guardianship order, or a permanent guardianship order says divorce lawyer Edmonton.
This will force what is called a custody hearing. What this is, is a way to determine who will have custody of the child while awaiting trial. Typically, child and family services will apply to have custody.
And a parent or guardian can either agree to this. Or oppose it. And if they oppose it, the judge will rule based on evidence. On who should have this initial custody. Since a trial can take anywhere between a few months to over a year to happen.
This is very important to understand who is going to be taking custody of the child while awaiting trial. The more significant case the child and family services has against parent or guardian. The more likely the judge is going to rule in their favour instead of the parents or guardians.
While waiting trial, it will allow child and family services as well as the parents and guardians to gather the evidence they need for their trial. So that they can present that evidence before a judge. In hopes that they will rule in their favour.
If the judge rules in favour of the parent, they will get to have custody of their child again. With no action unless the judge indicates. With how important child and family services is to the process. Parents or guardians who are undergoing an investigation.
Should obtain independent legal counsel. So that they know what their rights are. As well as what they should expect to happen next.