Rights of Indigenous Peoples
Indian Act
Know Your Rights
Criminal Law
Child Protection
Fair Decision Making
Short Answer
The law says that a child is in need of protection if they are not receiving care at a level that meets the minimum standard accepted in society. The question is not "would they receive 'better' care elsewhere" but whether they are receiving care that keeps them safe from physical, sexual or emotional abuse and from neglect or exposure to violence.
Long Answer
The law lists those circumstances that may mean a child is in need of protection. These include any of the following things that have happened or that the Ministry, FNCFS Agency or a judge thinks are likely to happen:
- physical absue - any action, including physical discipline, which causes injury to the child's body
- sexual abuse - any action that involves a child in any sexual activity including sexual touching, exposure to sexual activity, using a child in the making or viewing of pornography and/or involving a child in prostitution
- emotional mistreatment - expecting a child to be able to do things he or she cannot do, embarrassing or insulting a child, making hurtful comments about a child's appearance, intelligence, size, ability and so on
- neglect - failing to provide a child with enough proper food, clothing, shelter, health care or supervision
- exposure to interpersonal violence - keeping a child in an environment where they are exposed to violence that is likely to cause them physical or emotional harm
A child may also be found to be in need of protection if there is no adult person able and willing to look after them and they have suffered or are more likely than not to suffer physical or emotional harm. Finally, a child may be found to be in need of protection if they are less than 12 but have done something that would otherwise be a criminal offence and their parent is unwilling or unable to look after them.
The court has said that the test for whether a child is in need of protection is not whether a child might be "better off" if they were looked after by someone else but whether the child is receiving a level of care below the minimum standard accepted in society.
Duty to Report
Anyone who has reasonable grounds to believe a child is in need of protection must report it to the police or the Ministry or an FNCFS Agency. If a report is made out of concern for a child, the person making the report is protected from legal action even if the child is found to not be in need of protection. But making a false report on purpose could have legal consequences.
A person who reports suspected abuse or neglect is not required to provide their name. If the person reporting does provide their name, this information is kept confidential. However, if the matter goes to court, the name of the person reporting the abuse can no longer be kept confidential.
