Child, Youth & Family Services Act - Apprehensions Without Warrant PDF
Document Details
Uploaded by ExamCoordinator
null
Tags
Summary
This document outlines laws regarding child apprehensions, particularly those without warrants, addressing situations involving children under 16 in public places, children in need of protection, and those committing offenses. It details the authorities involved and their actions in different scenarios, setting out procedures and legal guidelines.
Full Transcript
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.
