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Family Violence and Child Protection

22 bytes added, 01:46, 28 November 2023
Reporting a protection concern to MCFD or an Indigenous authority
==Reporting a protection concern to MCFD or an Indigenous authority==
Section 14 of the ''CFCSA'' says that any adult who has reason to believe that a child needs protection must report the protection concern situation to the MCFD. (Only lawyers in a solicitor-client relationship are exempt from this duty to report. ) It is an offence ''not '' to report a protection concern to MCFD. In other words, anyone who thinks a child needs to be protected from abuse, neglect, harm, or the threat of harm, must report the problem to the MCFD.
In the case of Indigenous children, the ''CFCSA'' says that if a person has reported the protection concern to an Indigenous authority, then the person is not required to report the protection concern to MCFD if , as long as the Indigenous authority confirms it will assess the report. An ''"Indigenous authority'' " is one an organization that is authorized by an Indigenous governing body to provide child and family services according to Indigenous law.
Once they receive a report, the MCFD must assess it the report and determine decide whether an investigation by a social worker is necessary. The ''CFCSA'' gives the government social worker workers fairly broad authority to investigate the alleged problem reports and determine if the a child is in need of protection.
===Protection concerns===
What will Section 13 of the CFCSA describes the situations that may cause the MCFD or an Indigenous authority to decide that a child needs protection? Section 13 . Under this part of the ''CFCSA'' specifies situations of concern. Children act, children require protection if they have been or may be: * physically harmed by a parent,* sexually abused or exploited by a parent,* harmed, sexually abused, or exploited by another person, and the parent can't or won't protect the child, or* physically harmed due to parental neglect.
Protection will also be required if:
* the child is emotionally harmed by a parent's conduct or by living in a situation with domestic violence
* the child lacks necessary health care
* the child's development may be seriously impaired by a treatable condition, and the parent refuses to allow treatment
* the parent can't or won't care for the child and hasn't made adequate arrangements for care
* the child has been in a situation that endangers their safety or well-being
* the child's parent is dead and no adequate provision has been made for care
* the child has been abandoned without adequate care
* the child is in the care of a director or someone else by agreement, and the parent won't or can't resume care when the agreement ends
* the child is emotionally harmed by a parent's conduct or by living in a situation with family violence,* the child lacks necessary health care,* the child's development may be seriously impaired by a treatable condition, and the parent refuses to allow treatment,* the parent can't or won't care for the child and hasn't made adequate arrangements for care,* the child has been in a situation that endangers their safety or well-being,* the child's parent is dead and no adequate provision has been made for care,* the child has been abandoned without adequate care, or* the child is in the care of the MCFD director or someone else by agreement, and the parent won't or can't resume care when the agreement ends. Section 13 of the ''CFCSA'' also clarifies says that: * sexual abuse or exploitation includes being encouraged or coerced into prostitution,* situations with domestic family violence increases increase the likelihood of physical harm to the child ,* emotional harm means the that a child shows severe anxiety, depression, withdrawal, self-destructive or aggressive behaviour, and* a child does not need protection solely due to just because of socioeconomic conditions like poverty, lack of housing, or a parent's health condition. ===Family violence as a protection concern===
===Domestic The CFCSA uses the term "domestic violence as a protection concern===." The MCFD has acknowledged, in its ''Policy on Best Practice Approaches: Child Protection and Violence Against Women'', that women and children are disproportionately impacted by domestic violence. MCFD policies around the issue of violence against women are aimed at:
The ''CFCSA'' uses the term ''domestic violence'' for one of its categories of protection concerns. MCFD has acknowledged in their ''Policy on Best Practice Approaches: Child Protection and Violence Against Women'' that women and children are disproportionately impacted by domestic violence. MCFD policies around the issue of violence against women are aimed at: * keeping mothers safe by connecting the child's safety to the mother's safety whenever possible,* keeping children with the non-abusive parent,* providing the non-abusive parent with supportive services so they can safely care for the child,* preventing further violence,* offering an integrated approach for meeting a child's safety needs ,
* providing supportive services to the non-abusive parent, and
* keeping their safety a parallel consideration through MCFD proceedings.
If a non-abusive parent, usually the mother, is concerned that the other parent may commit violence, they should prioritize their own safety and the safety of their children. If the non-abusive parent is in immediate danger they can should call 911. The non-abusive parent can also contact VictimLINK at 1-800-563-0808 to access safety planning resources. The non-abusive parent also has an obligation to report the child protection concern to MCFD. In any of these cases, it is critical to obtain legal advice as soon as possible about the available options available.
==The child protection process==