I’ve been charged I am having challenges with a criminal (or youth) offence out-of-town my children and don’t want to move the case closer Ministry to homeremove them
Criminal cases almost always are dealt with in the courthouse closest to where the alleged offence takes place. Child Welfare Matters However, if If you decide to plead guilty to the offenceare having challenges raising your kids or other children under your care, you may be able to waive it to another location for can sometimes get help without the purpose Ministry of a guilty plea Children and sentencingFamily Development removing the children from your home. (For general information on being charged with a criminal or youth offence, see page __ of this Guide). First stepsSteps1. Before you decide to plead guilty, get and read the circumstancesSee if there are any Marriage, informationFamily, Child and the Crown Counsel’s initial sentencing position for Individual Counsellors in or near your casecommunity. (See page ___)You could look in the Yellow pages or ask a lawyer or advocate, or someone at the Ministry of Children and Family Development.TIPS AND NOTES: 2. If you then decide to plead guilty Before involving the Ministry of Children and you want to do so in a different court houseFamily Development, you need to fill in should probably speak with a Waiver Formlawyer or advocate. You can (See “Where to get one of these online at www.ag.gov.bc.ca/courts/forms/pcr/pcr301.pdf, or from a Court Registry. You can help” below to find the address and contact information for a Court Registry through Enquiry BC. You do not need lawyer or advocate to fill in the date of your court attendance at the new locationspeak with). Crown Counsel will do Remember that. Mail fax or deliver the Waiver Ministry has the authority to the Crown Counsel office in charge remove children from your home if they believe they are “in need of protection”. On the area where other hand, the offence took place (the “originating” office). 3. Make sure you attend Ministry has access to many resources (often at little or have an agent attend for no cost to you) any scheduled court appearances, either at the originating location or at the location where that may help you are waiving overcome the charges tochallenge with your children. What happens next? The originating Crown Counsel You (and probably your children) will consider whether or not be asked to approve meet with the waiver. In some cases they resource person who will consult the Crown Counsel in charge of the area where assist you want to waive the charges to. (In factBe prepared to provide as much information about your children as you can, such as dates of birth, school level and grades, Crown Counsel in either location can generally approve a waiver)medication and medical history. If Crown Counsel approves you have chosen to work with the waiverMinistry, they may suggest a court date will be set for you in variety of approaches, depending on the new locationnature and seriousness of your problem. Crown Counsel They may advise : * refer you of this new date but it is your responsibility to make sure you know when and where your next court date isa community resource. If you don’t know The Ministry may open a file and want to track your next court date and haven’t heard from progress with the originating Crown Counsel for more than a week, resource.* provide you should contact their officewith family support services. Where In some cases, the Ministry will ask you to sign a Family Support Service Agreement which enables them to get helpSee Part 2- Resourcesarrange counselling, starting on page 43parenting support, up to 6 days a month of respite care and other support in your home. A Family Support Worker will probably be assigned to your case. A Family Support Service Agreement can be for a list period of helpful resources6 months, and then renewed after that. Your best bets * If you are facing a crisis that means you are: Enquiry BC at 1-800-663-7867 temporarily unable to care for the location children in your home (even with the supports mentioned above), the Ministry may ask you to sign a Voluntary Care Agreement and number place your children in foster care for a period of Court Registries and Crown Counsel offices in British Columbiaup to 14 days. If the offence took place in crisis continues longer than 14 days, the Ministry will open a different province or territory of Canada, Enquiry BC protection file. If you think this may be able happen to provide you , you should speak with the general enquiry number for that province a lawyer or advocate or territory. ??#36-Legal aid representation, to see if you qualify apply for legal aid.??#19* If your child has a permanent or long-Duty counsel for assistance on term disability, the day Ministry may put you in touch with their Community Living Department and have to appear you sign a Special Needs Agreement, through which they can provide respite care and in court-home supports.??#39-Native Courtworkers ( The first Special Needs Agreement can be for aboriginal clients).??#1-Access Justicea period of 6 months, #34-Lawyer Referral Service, #51-Salvation Army Pro Bono Lawyer ConsultationProgram, #45-Private Bar Lawyersand renewed after that.??#35-Legal Services Society Publications: eg “If You are Charged with a Crime”, “Speaking will be asked to pay something for the Judge Before You are Sentenced” and “What to do ifYou are Charged with…”. Before meeting with a lawyer or advocate, complete the formcare provided, Preparing for Your Interview, in Part 3 of this Guide (page 57). Make sure you bring copies of all documents relating to based on your caseincome. TIPS AND NOTES: When If you filling out or the Waiver formchildren in your care are aboriginal, put the address of responsibility for the originating Crown Counsel Office in the “from” box at the top right safety and welfare of the form. Put the address of the Crown Office responsible for the courthouse you want to waive the charge(s) children may have been delegated to in the “to” box.TIPS AND NOTES: You can often have a charge waived from another province or territory of Canada to be dealt with by guilty plea Delegated Aboriginal Agency in British Columbiayour area. The process To find out if this is similar but other provinces have different forms and procedures. Contact Enquiry BC for the number of the government information service for the other province or territorycase, which can give you contact information for the Crown Counsel nearest office where of the charges originated.TIPS AND NOTES: Although Ministry of Children and Family Development (see the above procedure applies to indictable offences as well as summary ones, waiving charges that have already been moved to Blue pages of your phone book for the local number or call Enquiry BC Supreme Court, may be difficult. Consult a lawyer if this is your situationat 1-800-663-7867).