Child Protection and the Law: A Case Study of Tomas

The CYFSA and the Paramount Purpose

The family has some history with CAS dating back to when Tomas was 7years old:

1. 1st involvement - (Tomas 7yrs) Domestic Violence - file closed - situationinvolved minimal risk to Tomas - mother followed with a clinical plan

2. 2nd involvement (Tomas 10 yrs) - Neglect - file closed -parents were cooperative and no further involvement required -no risk/protection issues.

QUESTIONS:

1.What is the “paramount purpose” of the CYFSA? Refer to the law.

2. According to the CYFSA, why might Tomas be in need of protection?Explain your answer and refer to the law.

3. According to the CYFSA, was it appropriate for the guidance counselor to contact

the Children’s Aid Society or should they have remained silent like Tomas’ doctor? Explain your answer

4. According to the CYFSA, what form of care describes children being looked after by relatives, friends, or the community? If removed from the care of his parents, is Tomas required, by law, to go to live with his aunt and uncle? Please refer to 3 relevant sections under the CYFSA that emphasize this form of care and explain your answer

5.a) Is the CAS required to ask Tomas about whether he would like to live with his aunt and uncle? B) If the CAS has concerns about this possible placement and deems they are not suitable to care for Tomas, can Tomas insist to live with them? C) Are there any conflicts between (a) and (b)? Explain your answer and refer to the CYFSA in answering a, b, and c

6. Explain the law relating to the use of force for the purposes of correction. Determine whether Tomas’ parents are permitted to physically discipline him in the way that she has (according to Tomas).

7. For Tomas’s charge of assault, what do you think should be the appropriate response by justice officials? Justify your answer by making direct links to: a) the specific objectives of the YCJA and b) the relevant section(s) of the law (i.e., extrajudicial measures, sentencing). Please be specific by adding the section numbers of the YCJA and refer to the textbook.

8. What do you think the appropriate response should be by the CAS with respect to Tomas and why? Justify your answer by making direct links to:

a) the specific objectives the CYFSA and b) the relevant section(s) of the law (see Part V Child Protection).

Why Tomas Might Be in Need of Protection According to the CYFSA

9. Does the CYFSA deal with the (broader) root causes of family violence? Looking at the case on a whole, discuss the strengths and limitations of using the CYFSA as a way to deal with Tomas and his situation, as well as family neglect and violence in Canadian society more broadly. (Recall that the Children’s Aid Society can remove

children temporarily, permanently, and provide programs to parents and children). In what ways is the CYFSA helpful or effective, and what ways might it be limited?

The family has some history with CAS dating back to when Tomas was 7 years old:

1. 1st involvement - (Tomas 7yrs) Domestic Violence - file closed - situationinvolved minimal risk to Tomas - mother followed with a clinical plan

2. 2nd involvement (Tomas 10 yrs) - Neglect - file closed -parents were cooperative and no further involvement required -norisk/protection issues.

QUESTIONS:

1.What is the “paramount purpose” of the CYFSA? Refer to the law.

2. According to the CYFSA, why might Tomas be in need of protection?Explain your answer and refer to the law.

3. According to the CYFSA, was it appropriate for the guidance counselor to contact the Children’s Aid Society or should they have remained silent like Tomas’ doctor? Explain your answer

4. According to the CYFSA, what form of care describes children being looked after by relatives, friends, or the community? If removed from the care of his parents, is Tomas required, by law, to go to live with his aunt and uncle? Please refer to 3 relevant sections under the CYFSA that emphasize this form of care and explain your answer.

5.a) Is the CAS required to ask Tomas about whether he would like to live with his aunt and uncle? B) If the CAS has concerns about this possible placement and deems they are not suitable to care for Tomas, can Tomas insist to live with them? C) Are there any conflicts between (a) and (b)? Explain your answer and refer to the CYFSA in answering a, b, and c

6. Explain the law relating to the use of force for the purposes of correction. Determine whether Tomas’ parents are permitted to physically discipline him in the way that she has (according to Tomas).

7. For Tomas’s charge of assault, what do you think should be the appropriate response by justice officials? Justify your answer by making direct links to: a) the specific objectives of the YCJA and b) the relevant section(s) of the law (i.e., extrajudicial measures, sentencing). Please be specific by adding the section numbers of the YCJA and refer to the textbook.

8. What do you think the appropriate response should be by the CAS with respect to Tomas and why? Justify your answer by making direct links to:

a) the specific objectives the CYFSA and b) the relevant section(s) of the law (see Part V Child Protection).

9. Does the CYFSA deal with the (broader) root causes of family violence? Looking at the case on a whole, discuss the strengths and limitations of using the CYFSA as a way to deal with Tomas and his situation, as well as family neglect and violence in Canadian society more broadly. (Recall that the Children’s Aid Society can remove

children temporarily, permanently, and provide programs to parents and children). In what ways is the CYFSA helpful or effective, and what ways might it be limited?