| - THE THEORY - |
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| Page 704 =========== |
| === RISK ASSESSMENT MODEL === for Child Protection in Ontario |
| FLOW CHART - > |
| Cont'd from Page 703 |
| THE LEGAL CONTEXT : |
| The CFSA... (Child and Family Services Act R.S.O. 1990 c.11) is the said to be the legal context under which all child protection activity is supposed to occur. Some Child Protection Applications are brought before the Family Court -and- others are not. Careful decisions are made, jointly, between CPS Worker and their Supervisor; without the necessity of advice -and/or- benefit, of legal counsel Not all " protection applications " go to Court, but an application can be initiated at any time where there is believed to be grounds - and - depending on circumstances, of the case. |
| This Model... is not prescriptive on the subject of involvement, by " Family Court ". However, this standardized framework will support the CPS Worker -and- Supervisor, and allow them to make critical decisions, more consistantly and be supported by the Courts, regardless of what those decisions may be. |
| This Model... also provides a structure and tools to assist CPS Workers in the gathering, collecting and organizing evidence required for "Court Hearings" It also prevents CPS Workers, Supervisors and the Agencies from appearing foolish -and/or- incompetent. Whether the evidence -and/or- information is of a questionable nature - and/or - inaccurate, at least it will seem complete, on its' surface.. |
| Only the Court... may make a legal finding that a child is in need of protection. However, the responsibility, for determining whether a child is in need of protection -and- whether it is appropriate, to initiate a protection application, is still left up to the CPS/CAS Workers and their Supervisors. |
| SUMMARY : |
| The only... protection there seems to be, to prevent CPS Workers and Surpervisors, from arbitrarily targetting your family is to force them to take the matter before a Family Court Justice -and- demand a legal finding, that a," child is in need of protection ". In this way at least, there is rule of law, as set down in specific legislation such that a lawyer may best assist and represent you in providing some kind of defence against their invasions. However, even if you don't involve the Family Courts, it would be in your best interest - and - that, of everyone else, in your family, to speak to a lawyer, before agreeing to any kind of interview - and/or - before signing any kind of statement, agreement - and/or - submission... |