(Suggestion: Provide insight into what rights are granted, protected, and can be removed because of the legal procedures.)
The Children’s Code (2014) is important for several reasons. First, the code is a legal binding that protects children and unborn children, preserves the family and assists parents, when appropriate, with receiving resources. It also provides courts, who are primarily responsible for child welfare, a way to help parents change home conditions. If a child is removed from their home the code states where that child may be placed or if and when they can be reunified with family. However, this code does have significant legal implications. The code does protect the child’s right to protection because of the different types of custody, court hearings and who the child can eventually be released to. There are specific rules that jurisdiction must follow when bringing a child into custody, when initiating court proceedings and when they return a child to a parent. Parents do not always have rights to their child when they are taken into custody. The code specifically applies to protecting children and their rights but sometimes takes away parental rights. When a child is taken into custody because of a warrant, capias issued by judge, a court order or law enforcement …show more content…
They must first go through the custody hearing where a judge determines which custody arrangement is in the child’s best interest. Then it is the plea hearing where parents can argue the allegations that have been placed on them. Next is the fact-finding hearing which is the part of court that looks at all the evidence that supports or differs from the allegation. The parents can agree to a consent decree which would free them from the charges if they meet the conditions that are being set. After the consent decree they move to the dispositional hearing which determines where the child will be living. If the child remains out of the home, there will be more court proceedings related to terminating parental rights which include another fact-finding hearing and dispositional hearing. There are time restraints that determine when these court dates need to occur depending on when the allegation first occurred. These time restraints and uncertainty relates to child safety and permanency. First a child may bounce between guardians, foster homes and relatives when court happens especially if they have been removed from the home. They might not be able to gain trust or feel safe because they are moving around so much. It is hard to find permanency in a home especially when the child may feel uncertain about what will happen next. Since, there are no guarantees in court, the child may