cfsa_quick_reference_guide-16911-20180525.pdf

Child, Youth & Family Services Act – Apprehensions WITHOUT Warrant SECTION 136(5) 81(7) CIRCUMSTANCES Child Under 16 Years: in Public Place between 12-6 am Child Under 16 years - In Need of Protection - as referred to in section 74(2)(a – o) AND “Substantial Risk” exists 84(1) 83(4) Child Un...

Child, Youth & Family Services Act – Apprehensions WITHOUT Warrant SECTION 136(5) 81(7) CIRCUMSTANCES Child Under 16 Years: in Public Place between 12-6 am Child Under 16 years - In Need of Protection - as referred to in section 74(2)(a – o) AND “Substantial Risk” exists 84(1) 83(4) Child Under 12 years old, Commits an Offence Child Under 16 Years In the Care of CAS Where “Left or Removed “ AND “SUBSTANTIAL RISK” exists (Remanded Offenders) 153(1) AWOL from Open or Secure Temporary Detention Facility (Sentenced Offenders) 153(2) AWOL from Open Custody Facility AUTHORITIES - Peace Officer who finds a child apparently under 16 yrs - in a place to which the public has access - Between 12am – 6am - Without an accompanying “authorized” person at least 18yrs old - may APPREHEND and take child home/place of Safety –[as if acting under s.84(1)] - A Peace Officer / CPW - on R& PG a child is “in need of protection” AND - SUBSTANTIAL RISK exists to health/safety if waited to obtain warrant May APPREHEND and TAKE TO PLACE OF SAFETY RIGHTS of ENTRY n/a s.81(10)… CPW/Peace Officer on R&PG that a child referred to in s.81(7) is on any premises may without a warrant enter the premises, by force, if necessary, and search for and remove the child. - Peace Officer on R & PG may Apprehend without a warrant - If child under 12 commits act/offence must return to parent/caregiver as soon as practicable (or place of safety) s.86(2)… Peace Officer on R&PG may without a warrant enter the premises, by force, if necessary, and search for and remove the child. - Peace officer/ CPW on R & PG - where child < 16 has left or been removed from CAS care AND there is a SUBSTANTIAL RISK to child’s health or safety may APPREHEND (with or) without a warrant s.86(2)… (CPW/Peace Officer) on R&PG may without a warrant enter the premises, by force, if necessary, and search for and remove the child. On R&PG that a young person is AWOL, - Peace officer, person in charge of facility or that persons delegate - may apprehend (with or) without a warrant and take young person back to place of Temporary Detention. On R&PG that a young person is AWOL, - Peace officer, person in charge of facility or that persons delegate - may apprehend (with or) without a warrant - if AWOL OPEN CUSTODY, may return to either Open Custody or Temporary Detention. 1 AWOL offender) (**NOT to a place of safety for any s.153(5)… Peace Officer or the person in charge of the place of temporary detention/open custody or that person’s delegate believes on R&PG that the young is on any premises, they may with or without a warrant enter the premises, by force, if necessary, and search for and remove the young person. s.153(5)… A Peace Officer or the person in charge of the place of temporary detention/open custody or that person’s delegate believes on R&PG that the young is on any premises, they may with or without a warrant enter the premises, by force, if necessary, and search for and remove the young person.