20/23 Runaway Children Sec3(1)(e), 29 (a-d)

Runaway Children

Section 3(1)(e)
States a “ ‘child’ means a person under sixteen years of age unless the context otherwise requires”

Section 29(a-d)
concerning run-away children, states that parent, guardian or agency can get an ex parte application for a court order to “authorize a peace officer to locate and detain the child” and “return the child to the parent or guardian or the agency” if they have “reasonable and probable grounds to believe that the child’s health or safety may be at risk”

Comments:

The question is: If the state can get the police to look for the runaway children in the system then why can’t parents get the police to find and return their runaway children?




Time of Interim Hearing and Notice:

Section 39(1)
(0-2 days before Interim Hearing)

“As soon as practicable, but in any event no later than 5 working days after an application is made to determine whether a child is in need of protective services OR a child has been taken into care, whichever is earlier, the agency shall bring the matter before the court for an interim hearing, on 2 days notice to the parties, BUT the notice may be waived by the parties or by the court.”

Comments:

• This section in fact allows the matter to be brought before the court immediately after the child has been taken into custody. “No later than 5 days” can be interpreted as 0-5 days. This does not give parents adequate time to acquire a lawyer, especially if they are going through Nova Scotia/Dalhosie Legal Aid to acquire a lawyer.

• Legal sources have informed us that when the matter is first taken to court, this is when the stand must be taken with the families not agreeing to the apprehension on any level. We are told that if this is done, the case is more likely to be won . We are told that once the family’s lawyer agrees to the apprehension, the matter will be dragged out and the chances of having your child returned to you then become slim to nil.

• The family lawyers here in Nova Scotia are not taking the stand at this point. They are bowing to Children’s Aid Societies/Family and Children Services Agencies/ Department of Community Services, telling the parents that the fight comes later. At this point , the parents are wrongly assuming that their lawyers are looking out for their best interest.

• This section also allows the matter to go before the courts without notice to the parties (the parents!).

• If this section was included to cover specific circumstances, these particular circumstances are not specified. As it stands this section is too vague and as such is open to abusive interpretation.