Divorce Lawyer Edmonton | Working with Child and Family Services
If anyone has witnessed children in need of intervention, divorce lawyer Edmonton says they are required by law to report this to Child and family services.
The law that governs the protection of children in Alberta. Is called the child youth family and enhancement act. This act states, that if a child is in need of intervention, a person is obligated by law to report the situation.
What it means when a child is in need of intervention. Is that there is a reasonable or probable grounds to believe that the safety, security, or development of the child is endangered.
Anyone can witness if a child is in need of intervention. From teachers and daycare workers, to neighbours and even police or RCMP.
When someone witnesses that a child needs intervention, a governing body called the child and family services will investigate says divorce lawyer Edmonton.
There are many different government agencies that can be a part of the child and family services. Especially depending what part of the province that people are in. And if it is an urban or rural area.
However, one of the most important things that people should keep in mind. Is that child and family services, matter where in the province they are, or what government agency they initially come from.
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We will have extremely broad powers to investigate the complaint that they have received. This means that they will be allowed access into the child’s home, speak to the parents and guardians.
And speak to anyone who may be a witness. Including other people who live in the home, teachers of the child, neighbours and even people like police who may have seen the child needing intervention.
Once they have completed their investigation. Child and family services will have two options on how they can handle the situation. The first option, is to present an agreement to the parent or guardian. On how the situation can be rectified.
The most important thing that parents need to keep in mind when they are presented with this. Is that it is a completely voluntary document to sign. And they cannot be forced or bullied into signing the document.
It is the recommendation of divorce lawyer Edmonton, that parents do not sign this initially. That they find independent legal counsel to advise them of their rights. And help them with the process.
The second option that child and family services has to help rectify the situation after their investigation. Will be to take the matter directly to court. And in this case, they will apply for something through the courts called an apprehension order.
This will allow child and family services to remove children from the home while the court case is going on. Guardians and parents may not get a notification about the apprehension order until after it has happened.
If this is the situation, they should definitely get independent legal advice. So that they know their rights. As well as how to proceed in navigating through the court system.
Divorce Lawyer Edmonton | Working Respectfully With Child and Family Services
Protecting children is an extremely important task says divorce lawyer Edmonton. And that has an area of law dedicated to that entire issue.
This is called the child youth family and enhancement act. And is an extremely comprehensive document. That lays out all of the rules related to child welfare and the law in Alberta.
It is important to know that this entire act can be found online for free. So that if a parent, or guardian is being investigated by a child and family services. They will know all of their rights. So that they can help themselves understand what they can do in this situation.
Also, especially when it comes to child welfare. There are many lawyers across the province. Who will give legal advice for free says divorce lawyer Edmonton. Therefore, if parents are currently going through an investigation.
Or if they have been given an agreement to sign. Or after they have received an apprehension order. There will be help on what to do next.
One of the most important things for parents and guardians to know. Is they will have an opportunity to present their evidence, and have a judge here their side. This is often in persons best interest. Rather than signing whichever document they are given by child and family services.
Because child and family services will work on behalf of the government, in order to protect children. They are not necessarily working on behalf of the parent. And this is why independent legal advice is so necessary.
The lawyer will be able to work directly for the parent, advocating what is in the parent and the child’s best interest. So that if they do get to court. They can help the judge see their side of things. And rule in their favour.
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Once child and family services makes an apprehension order. They will have a certain amount of time to make a substantial of application. These says that active applications. Will govern the next steps of the parent or guardian.
That will be designed to help rectify the situation that caused the complaint in the first place. There are three different substantive applications that they can make.
In the first one being a supervision order, the second is a temporary guardianship order. And finally, the most serious is a permanent guardianship order.
While the supervision and temporary guardianship order. Will be designed to help apparent complete conditions. That will help them rectify the situation that caused the complaint in the first place.
These orders can vary in length from 2 to 6 months. And once the conditions have been met. Child and family services can end the matter.
However, with the permanent guardianship order, this essentially indicates to the judge. That child and family services does not believe the issue. That endangered the child can be rectified. And essentially strips of parent or guardianship of their parental rights.
Because these substantive orders are so serious. Any parent or guardian who is facing one of these orders from child and family services.
Should definitely be represented by a lawyer says divorce lawyer Edmonton, so that they can have the best chance of rectifying the situation. In a way that allows them to keep custody of their children.