Who is Family and Children's Services?
Family and Children's Services was formerly known as the Children's Aid Society.

What does Family and Children's Services do?
Family and Children's Services is responsible for ensuring that children who are in danger of being harmed are protected from possible harm.

Who is considered a child?
A child is one who is less than 16 years old.

Is there a legal curfew for teenagers?
No parent of a child less than sixteen years of age shall permit the child to loiter in a public place between the hours of midnight and 6 a.m. or be in a place of public entertainment between the hours of midnight and 6 a.m., unless the parent accompanies the child or authorizes a specified individual eighteen years of age or older to accompany the child.

When is a child in danger?
A child is considered to be in danger if:

• the child has suffered physical harm or there is substantial risk of the child suffering physical harm at the hands of the person having care of the child or as a result of the failure of that person to care for, provide for, supervise or protect the child;
  
• the child has been sexually molested by the person having care of the child or by someone that the person having care of the child ought to have known might molest the child;
  
• there is a substantial risk of the child being sexually molested:
  
• the child is in need of medical treatment to cure, prevent or alleviate physical harm or suffering and the person having charge of the child does not consent, refuses to consent, or is unable or unavailable to consent to such treatment;
  
• the child has suffered emotional harm evidenced by severe anxiety, depression, withdrawal or self-destructive or aggressive behaviour and the person having charge does not consent, refuses to consent, or is unable or unavailable to consent to treatment;
  
• there is a substantial risk that the child will suffer emotional harm;
  
• the child has been abandoned or the child's parent is unavailable to provide for the child;
  
• the child is under 12 and has seriously injured another person or caused serious damage to another person's property and treatment is necessary to prevent a recurrence and the person having charge of the child is unwilling or unable to consent to such treatment;
  
• the child is under 12 and on more than one occasion has injured another person or caused damage to another person's property.

What if a child runs away from home?
If a child who is under 16 runs away from home, and the child's parent has reasonable and probable grounds to believe that the child would be in danger if he is not apprehended, a warrant may be issued for the child to be apprehended and returned home or to another place of safety. A warrant will not be issued where the child has gone to another parent and custody proceedings between the parents would be a more appropriate way to deal with the matter.

How old does a babysitter have to be?  How old does a child have to be before he or she does not need a babysitter?
There is no clear answer. The law states that "No person having charge of a child less than sixteen years of age shall leave the child without making provision for his or her supervision and care that is reasonable in the circumstances."

What can Family and Children's Services do?
Family and Children's Services can apply to the court for an order, obtain a warrant for the removal of a child from a place of danger or in extreme circumstances go into any place and remove a child.

When can Family and Children's Services obtain a warrant for the removal of a child?
If there are reasonable and probable grounds to believe that a child is in danger and a less drastic course of action cannot be used to protect the child, a warrant may be issued by a Justice of the Peace for the removal of a child.

When can Family and Children's Services remove a child without a warrant or court order?
If Family and Children's Services has reasonable and probable grounds to believe that a child is in danger and there would be substantial risk to the child's health or safety during the time necessary to appear in court or to obtain a warrant, the child may be removed without a warrant.

Can the child who is the subject of the proceeding be present in court?
If the child is 12 or over, he or she is entitled to be present in court unless the court feels it is better that the child not be present. A child who is under 12 is not entitled to be present in court unless the court feels that the child will understand the proceeding and will not suffer emotional harm by being present.

Can the child have a lawyer?
The child can have a lawyer if it appears that it would be in the child's best interest.

What happens after a child is removed from the home by Family and Children's Services?
There is a hearing before a judge, referred to as a "show cause" hearing, where Family and Children's Services presents the evidence that it has and the judge must be satisfied that one of the conditions referred to above exists in order for the court to permit the child to be removed from the home, or to remain out of the home if the child has already been removed. At this hearing the parents or persons having custody of the child are entitled to appear and present evidence that the child is not in need of protection.

What is the child's parent is under eighteen years old?
If a parent of a child who is the subject of a protection proceeding is less than eighteen years old, a lawyer will be appointed by the court to represent that parent.

I was looking after a child who was apprehended by Family and Children's Services. Can I participate in the proceeding?
Any person who cared for the child during the six months prior to the hearing is entitled to participate in the proceeding.

What will the court do if it finds that the child is in need of protection?
The court can order:

1. That the child be placed with or returned to a parent or another person, subject to the supervision of the society, for a specified period of at least three and not more than twelve months.
   
2. That the child be made a ward of the society and be placed in its care and custody for a specified period not exceeding twelve months.
   
3. That the child be made a ward of the Crown.
   
4. That the child be made a ward of the society under paragraph 2 for a specified period and then be returned to a parent or another person under paragraph 1, for a period or periods not exceeding an aggregate of twelve months.

My grandchild was placed in a foster home. Can I still see him?
Any person may apply to the court for access to a child that has been removed from the home by Family and Children's Services.

Do the same rules apply to native children?
Although the same rules apply in determining whether a native child is in need of protection, the determination of what is in the best interests of the child must take into consideration the importance of preserving the child's cultural identity, in recognition of native culture, heritage and traditions.
Also, a member of the band or community from which the child comes will be made a party to the proceeding.If a child is to be removed, the court shall place the child with, a member of the child's extended family; a member of the child's band or native community; or another native family, unless there is a substantial reason for placing the child elsewhere.