Do my parents have to take care of me?

Yes, your parents or guardian have a legal duty to provide you with food, shelter, clothing and schooling.

If your parents or guardian fail to provide you with these things, a child care agency may step in to arrange for your well being.

Can my parents hit me?

Your parents or guardian may use physical force to discipline you, but this force must not be excessive. Any use of excessive force by a parent or guardian on a child is a criminal offence and the parents or guardian can be charged.

Can my parents put me into a group home?

Yes, your parents can temporarily hand you over to a child care agency, which will place you in either a group home or a foster home for up to 1 year.

Also, if your parents are ill and can no longer take care of you, they may place you with a child care agency. The agency will take care of your needs by placing you in either a group home or a foster home until your parents are well enough to take you home.

How long do I have to live in a group home?

You may stay in the group home until you turn 18 years old, or until your parents wish to end this arrangement.

Child In Need Of Protection

When is a child in need of protection?

A child is in need of protection if his or her life, health or emotional safety is at risk. This includes if:

- the child is lacking adequate care, supervision or control;

- the child is being physically, sexually or emotionally abused;

- the parent or guardian does not provide proper medical attention;

- the child is beyond the control of the parent or guardian; or if

- the child is under 12 years of age and is left unattended.

How will someone know if I am in need of protection?

You may report any abuse or neglect to Child and Family Services or to the Winnipeg Police Service. Outside Winnipeg, call your local RCMP.

You may tell an adult friend, family member, teacher or someone else you trust about the abuse or neglect and they can make a complaint on your behalf.

Child care agencies may also investigate situations which they suspect are neglectful or abusive without any complaints being reported.

If you tell your doctor, teacher or counsellor that you are being abused, he or she must report this abuse to police.

Is there any help for me if I have been abused?

Child and Family Services can offer support and referrals to various programs if you have been a victim of child abuse.

If you are Aboriginal, consult an Aboriginal Child and Family Service agency listed in the Resources section for support.

Is it only my parents that I can be protected from?

No. If your teacher, doctor, parent, friend of the family, neighbour, babysitter or anyone else you know harms you in any way, you may be in need of protection from them.

What happens if a child-care agency suspects abuse or neglect of a child?

When a child care agency suspects abuse or neglect of a child, they will investigate the situation and decide whether or not to take the case to court. The judge will hear all evidence from the parents, the agency, and possibly from the child and then determine whether or not the child is in need of protection.

During the investigation of more serious abuse the child may be temporarily removed from the home and placed with extended family, in a group home or in a foster home.

If the agency believes the child is in immediate danger, the agency or the police may take the child to a place of safety where he or she can be examined and cared for temporarily.

How long will I have to stay away from home if I am removed?

You may have to stay away from home until your case goes to court to decide whether you are a child in need of protection.

Can my parents still see me if I am taken out of my home?

In most cases, your parents will be allowed to visit you, unless the judge thinks that visits from them would not be in your best interest.

Am I allowed to speak at the trial?

If you are over 12, you may have a chance to go to court and can ask to have a lawyer appointed for you free of charge. You would only go to court in very unusual circumstances.

If you are under 12, in some cases you may be allowed to speak to the judge about your views at trial.

What happens to me if the judge finds I am not in need of protection?

If the judge finds that you are not a child in need of protection, you are sent home immediately following the trial.

What happens to me if the judge finds that I am in need of protection?

If the judge finds that you are a child in need of protection, he or she will decide what plan for your care is best for you.

If the problem is not too serious, the judge may send you back home and have agency workers come into the home to work with your family to resolve the problem. If you are still not cared for properly after this, the agency may take you again.

If the problem is more serious, the judge may send you to a group home, a foster home or the home of a relative for a period of time. During this time your parents may see you regularly. After the time period has ended, the case will be reviewed again to decide if it is in your best interests to send you back home.

If the problem is very serious, the judge may take you away from your parents permanently and the child care agency would be responsible for you. You will then be sent to live in a group home, a foster home or the home of a relative. You may be placed for adoption if you are not expected to be able to return to your parents.

Rights of Children in Care

What rights do I have if I am under agency care?

If you are being cared for by an agency, you have the right to be informed and involved in decisions which affect your life.

Can I still see my parents if I am under permanent agency care?

Even if you are in permanent care of an agency, you may still have the right to see your parents or extended family.

You have the right to know and maintain connections with your cultural, religious and family background.

What if I am not happy with how the agency is caring for me?

If you are unhappy with how the agency is caring for you, you may make a complaint to the Office of the Children's Advocate.

You may also contact Voices - Manitoba's Youth in Care for support with your problem.

What is the Children's Advocate?

The Children's Advocate is a person who looks out for the rights, interests and viewpoints of children under agency care. The advocate may review and investigate complaints made about a child's care and may make recommendations for change. The advocate may also speak on behalf of the child to express the child's viewpoint.

How do I make a complaint to the Children's Advocate?

You may phone the Office of Children's Advocate yourself or get a family member, friend, foster parent, teacher, social worker or anyone else you trust to call for you.

If you tell your agency care giver that you wish to speak with the Children's Advocate she or he must arrange for this private meeting immediately.

You may write a letter to the Children's Advocate, which your agency care giver must forward, unopened.

What can the Children's Advocate do for me?

The Children's Advocate will listen to you and provide you with information. He or she will assist you in making decisions that affect your life and discuss any problems or concerns you may have with the care plan. The advocate may make suggestions on your behalf to the agency and help you say what you want to say.

What can the Children's Advocate not do?

The Children's Advocate cannot provide protection services or act as your lawyer. He or she cannot make a decision about you or intervene in private legal matters.

Can the Children's Advocate tell other people that I called?

No. Your request for services is private and confidential.