320 search results for
Youth in care
Recommendation 19:
As noted above, the BCCA refused declaratory relief to a child in a family law proceeding. Brown, findlay, Martinson, and Williams (2021) recommend that the FLA be clarified to ensure that children can obtain a best interests declaration about their best interests in a family law proceeding, and similar relief should be available in the CFCSA.
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Recommendation 74:
An opportunity to connect with other organizations and a community of practice to support the sector’s ability to look into the future.
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Recommendation 132:
An independent and external process for complaints, oversight, and accountability for MCFD neglect investigations, decisions to apprehend children, and for deaths of children and youth in government care.
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Recommendation 20:
Views of the Child – s. 37(1)(b)
Brown, findlay, Martinson, and Williams (2021) recommend amending s. 37(1)(b) of the FLA to remove the words, “unless it is inappropriate to consider them” and to add the words, “and give those views due weight in accordance with their age and maturity.” This would provide consistency with the 2019 Divorce Act, and the CRC.
Definition of Family Violence – s. 1
Brown, findlay, Martinson, and Williams (2021) also recommend that the definition of psychological or emotional violence be clarified to provide that it is the impact of psychological or emotional family violence, including impact on a child, not the intention of the abuser, that is relevant. This would make it clear that violence must be considered from the child’s perspective if the child is the victim of psychological or emotional family violence.
Conflating Conflict and Family Violence
Section 199(1) of the FLA addresses both minimizing conflict and protecting children and parties from family violence. The section should be amended to make it clear that the object of reducing conflict cannot override the overarching obligation to ensure children’s safety, security, and well-being (Brown, findlay, Martinson, & Williams, 2021).
Considering Other Civil or Criminal Proceedings – s. 37(2)(j)
The CBA 2020 report, when speaking about the relevant provision in the 2019 Divorce Act, recognizes the importance of stating that the objective of considering other proceedings is to both avoid conflicting orders and to coordinate proceedings. The 2019 Act also creates a duty upon judges to obtain such information. The FLA should be amended to conform with the new Divorce Act provision.
Amending s. 203 – Legal Representation
Section 203 inappropriately and significantly limits the ability of courts to appoint lawyers for children as required by the CRC and should be amended accordingly (Brown, findlay, Martinson, & Williams, 2021; Martinson & Tempesta, 2010).
Amendments to the CFCSA
The CFCSA should be amended to include express provisions and specific procedures that incorporate children’s views in child protection proceedings, including an enabling provision for legal representation (Child Protection Project Committee, BCLI, 2020). According to the Child Protection Project Committee of the BCLI (2020), this clarification of the law is necessary to prevent children’s views from being overlooked due to broad judicial interpretation under the CFCSA’s current form. This enabling provision should include detailed options and factors to consider for incorporating children’s views in child protection proceedings, while maintaining wide judicial discretion (Child Protection Project Committee, BCLI, 2020).
The CFCSA should also include a clear enabling provision for legal representation of children in child protection proceedings, which is currently missing from B.C. legislation, unlike most other provinces (Child Protection Project Committee, BCLI, 2020). Provisions for enabling legal representation for children should also clarify who should decide when appointing counsel is appropriate, factors to consider, how to determine appropriate capacity of the child and who should pay for the lawyer (Child Protection Project Committee, BCLI, 2020).
br>Finally, the BCLI Child Protection Project Committee (2020) notes that changes to the legislation are modest reforms and should exist alongside ministerial policies that are more flexible to changes and adequately funded programs to carry out children’s legal participation.
Views of the Child – s. 37(1)(b)
Brown, findlay, Martinson, and Williams (2021) recommend amending s. 37(1)(b) of the FLA to remove the words, “unless it is inappropriate to consider them” and to add the words, “and give those views due weight in accordance with their age and maturity.” This would provide consistency with the 2019 Divorce Act, and the CRC.
Definition of Family Violence – s. 1
Brown, findlay, Martinson, and Williams (2021) also recommend that the definition of psychological or emotional violence be clarified to provide that it is the impact of psychological or emotional family violence, including impact on a child, not the intention of the abuser, that is relevant. This would make it clear that violence must be considered from the child’s perspective if the child is the victim of psychological or emotional family violence.
Conflating Conflict and Family Violence
Section 199(1) of the FLA addresses both minimizing conflict and protecting children and parties from family violence. The section should be amended to make it clear that the object of reducing conflict cannot override the overarching obligation to ensure children’s safety, security, and well-being (Brown, findlay, Martinson, & Williams, 2021).
Considering Other Civil or Criminal Proceedings – s. 37(2)(j)
The CBA 2020 report, when speaking about the relevant provision in the 2019 Divorce Act, recognizes the importance of stating that the objective of considering other proceedings is to both avoid conflicting orders and to coordinate proceedings. The 2019 Act also creates a duty upon judges to obtain such information. The FLA should be amended to conform with the new Divorce Act provision.
Amending s. 203 – Legal Representation
Section 203 inappropriately and significantly limits the ability of courts to appoint lawyers for children as required by the CRC and should be amended accordingly (Brown, findlay, Martinson, & Williams, 2021; Martinson & Tempesta, 2010).
Amendments to the CFCSA
The CFCSA should be amended to include express provisions and specific procedures that incorporate children’s views in child protection proceedings, including an enabling provision for legal representation (Child Protection Project Committee, BCLI, 2020). According to the Child Protection Project Committee of the BCLI (2020), this clarification of the law is necessary to prevent children’s views from being overlooked due to broad judicial interpretation under the CFCSA’s current form. This enabling provision should include detailed options and factors to consider for incorporating children’s views in child protection proceedings, while maintaining wide judicial discretion (Child Protection Project Committee, BCLI, 2020).
The CFCSA should also include a clear enabling provision for legal representation of children in child protection proceedings, which is currently missing from B.C. legislation, unlike most other provinces (Child Protection Project Committee, BCLI, 2020). Provisions for enabling legal representation for children should also clarify who should decide when appointing counsel is appropriate, factors to consider, how to determine appropriate capacity of the child and who should pay for the lawyer (Child Protection Project Committee, BCLI, 2020).
br>Finally, the BCLI Child Protection Project Committee (2020) notes that changes to the legislation are modest reforms and should exist alongside ministerial policies that are more flexible to changes and adequately funded programs to carry out children’s legal participation.
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Recommendation 68:
Amend income and disability benefits assessments so that only relationships that display significant financial dependence or interdependence are relevant for the purposes of eligibility, and remove financial interdependence by default on the basis that a person indicates parental role for a child unless a spousal relationship can be established.
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Recommendation 15:
Allow for community-based organizations that work closely with the family in the provision of family support to provide a recommendation letter or report setting out the family’s needs.
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Recommendation 17:
All CLBC and Mental health assessments must be completed prior to youth aging out. Youth report delays on receiving assessments during the pandemic, which will affect the level of support they receive in the future.
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Recommendation 23:
Agencies working directly or indirectly with offenders and their children/families should receive training to ensure that children affected by their parents’ conflict with the law are treated sensitively and that assistance is provided to the children, the offenders, and their family to develop or maintain healthy relationships.
- Provide training on child-related policies, practices and procedures, for all correctional staff in contact with children and their parents serving a prison sentence and/or a community-based sentence.
- Provide training for organization staff who come into contact with children and their imprisoned parents in areas such as the children’s needs and rights, the impact of imprisonment on the children, or how to support imprisoned parents, their children and their families.
Enhancing the Protective Environment for Children of Parents in Conflict with the Law or Incarcerated: A Framework for Action
Group/author:
Elizabeth Fry Society of Greater Vancouver, International Centre for Criminal Law Reform and Criminal Justice Policy, University of the Fraser Valley – School of Criminology and Criminal Justice
Elizabeth Fry Society of Greater Vancouver, International Centre for Criminal Law Reform and Criminal Justice Policy, University of the Fraser Valley – School of Criminology and Criminal Justice
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2018
2018
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Recommendation 69:
Advocacy with the Federal government to ensure Indigenous organizations are able to access benefits as the current benefit through Indigenous Services Canada is only for people on reserve resulting in a gap. There needs to be advocacy so Indigenous youth are equally able to access relief funds and the same benefits provided to youth on reserve. In Burns Lake, the Friendship Centers are struggling to provide hampers, food, and to continue providing services to those most impacted by the pandemic.
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Recommendation 7:
Adopt the recommendations from In Harm’s Way? Serious Occurrences Report Vol. 2, 2017, to include information on: why the child left, what happened while they were away, if medical care was required, and what could be done to prevent them from needing to leave again.
(Note: this should be sent as a resubmission and should not delay the initial reportable timeline).
(Note: this should be sent as a resubmission and should not delay the initial reportable timeline).
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