Legal
Every parent has questions and our experts have answers. Read on:
There are nine questions and answers.
1. Can my 7-year-old grandson play in the playground across the street by himself? Can he ride his bike up the block by himself?
Thank you for your questions. The Child and Family Services Act states that children would be considered in need of protection if they are under 12 years of age and do not have supervision. Many safety concerns for children can be addressed with direct supervision. In general, younger children do not have the ability to fully assess the risk of different situations on their own, such as traffic safety.
Given your grandson's age, it would not be appropriate for him to be alone across the street in a playground. The risks to him would be from traffic, the possibility of injury without immediate assistance, and that people who are a risk to children with offending behaviours do seek out this kind of situation in this kind of setting.
Similar issues should be considered for your grandson riding his bike up the block alone. Issues that would affect his safety include whether he could be visually seen at all times by a supervisor, and whether the ride would require him to cross roads or back lanes where vehicles would be expected to be present.
In addition, you would need to consider your grandson's maturity and ability to follow directions. It would not be expected that a 7 year old could always respond to emerging situations appropriately. But if your grandson was able to understand and follow rules about things like keeping his bike off the road when riding alone, this would also affect what you might permit.
We hope this information is helpful to you. You may find it helpful to contact the Child and Family Services intake agency for your community if you have other questions. You can use the map at the following link to determine which agency provides intake services for your community: www.gov.mb.ca/fs/childfam/dia_intake.html.
ManitobaParentZone.ca acknowledges the assistance of Manitoba Families' Child Protection Branch in responding to this question.
2. If my 15 year old is pregnant what are her rights? I would like to know her legal right to keep the baby or give it up for adoption & would I be responsible for both if she decides to keep the baby?
Thank you for your question. Our consulting experts from Manitoba Families' Child Protection Branch have provided the following response:
If your 15-year-old became pregnant, the child and family services agency for the area where you live would be notified. All expectant mothers under the age of 18 in Manitoba are referred to a child and family services agency for assessment and supports.
The role of the child and family services agency is to assess the situation for the young woman, determine what their plan is for the pregnancy, and to ensure there are adequate supports and information available. Sometimes that will mean the agency refers the young person to other community services for help. In some cases, the agency will stay involved with the family to provide ongoing support and assistance.
The decision about whether to plan to parent a child or place a child for adoption is a difficult one. The child and family services agency would provide information to expectant mothers about all of their choices, but the final decision about this plan would be made by the expectant mother.
You would have the opportunity to talk more with the child and family services agency about what the rights and responsibilities would be for both you and your daughter, if she was pregnant. If you live in Winnipeg, the child and family services intake agency is the All Nations Coordinated Response Network (ANCR), and can be reached at (204) 944-4200. If you live outside of Winnipeg, you can locate the appropriate child and family services office using the map at the following link: http://www.gov.mb.ca/fs/childfam/dia_intake.html.
ManitobaParentZone.ca acknowledges the assistance of Manitoba Families' Child Protection Branch in responding to this question.
3. I am a single Dad who has custody of three children, aged 11, 8,and 6. I work 7 – 4:30, and the kids are in school 8:45 – 3:30. My sitter is hit and miss, sometimes claiming sickness etc, and therefore interrupting my work from time to time. This ultimately results in smaller paycheques for me to provide for my family. My children are well behaved, and they are very close. My work, their school, and our home is all within approximately 4 blocks, so I am just a phone call away. My question is, at what age, is a mature sibling allowed to watch their siblings for short periods of time? To be exact, it would be approximately 1-1/2 hours in the a.m., and one hour after school.
In Manitoba, The Child and Family Services Act states:
"Section 17 (2) ...a child is in need of protection where the child... (g) being under the age of 12 years, is left unattended and without reasonable provision being made for the supervision and safety of the child."
It is important to be clear that under the law in Manitoba, your 11-year-old is not yet old enough to babysit the younger siblings.
If emergency personnel, such as Fire or Ambulance, attended your home and found children under 12 without supervision, they would not be able to let them remain in the home. If a child and family services agency is notified that your under-12-year-old children are left alone, the agency would have to become involved, and various interventions, including requiring the parent returns to the home or the possibility of apprehension, could take place.
You can ask your local child and family services agency for help in planning for the supervision of your children and learning about possible resources for you in the community. Please use the map at this link to determine which agency covers your community: View the map.
- Manitoba Child Care Online
You may also find it helpful to speak with the Manitoba Early Learning and Child Care office nearest to you to check on child care options in your community - Online Child Care Registry
is available province-wide
Ensuring safe and appropriate supervision can be a real challenge to families. I hope the resources above are able to help you in planning for the care of your children.
-- ManitobaParentZone.ca acknowledges the assistance of Manitoba Families' Child Protection Branch in responding to this question.
4. My 16 year old witnessed a crime at his workplace. He was questioned by the police without myself or my husband present. Is this legal as he is a minor? Also today I was informed that a photo taken from a security camera footage and a news story was posted on a local news website. His name was not released, but we were not contacted prior to this, regarding permission. So I just want to know what our parental rights are regarding minor children.
It is legal for police to question witnesses who are minors without their parents being present. If your son were a suspect as opposed to a witness, then police would have certain responsibilities respecting notice to parents and the right to legal counsel. These safeguards under the Youth Criminal Justice Act do not extend to young people who are witnesses to crimes.
The second part of your question, respecting a photo taken from a security camera and news coverage, is beyond the scope of family law. You may wish to consult with a lawyer who practices in the area of privacy law or you might contact the Community Legal Education Association, which provides a Law Phone-in and Lawyer Referral Program. They can be reached at (204) 943-2305 for legal questions and (204) 943-3602 for lawyer referral or toll-free at 1-800-262-8800. Their website is www.communitylegal.mb.ca. As well, the Legal Help Centre, a not-for-profit legal information clinic located at the University of Winnipeg, is another resource for information and advice about legal issues. Their website is www.legalhelpcentre.ca.
-- ManitobaParentZone.ca acknowledges the assistance of the Family Law Branch of Manitoba Justice in responding to this question.
5. I was wondering if it is illegal to have an infant seat properly secured by the MPI guide in a regular cab half ton truck. One is with no air bags and the other we can turn off.
There is no legislation that states how child car seats are to be used in relation to airbag switches. Having said that, research indicates that it is safer for your child to be positioned away from front seat air bags in case they inflate during a collision. The safest place for a child to be is in the middle back seat position. If there are no second row of seats (ie. some truck models), it is strongly recommended that the air bag switch be turned off. It is also recommended that the car seat be positioned in the seat as far back as possible before installation. You should check both your car owner's manual and the child seat user guide for more information. Please call Manitoba Public Insurance at 204-985-8737 should you require further information.
-- ManitobaParentZone.ca acknowledges the assistance of Manitoba Health, Seniors and Active Living in responding to this question.
6. If the temperature outside is not hot and not cold, at what age is it OK to leave your kids in the car to run a quick errand? Are there laws about this?
Thank you for your inquiry about leaving a child alone in a car to run a quick errand when the temperature outside does not seem to pose an immediate risk.
You are right to be concerned about the air temperature inside a parked car. It can be many degrees higher than outside the vehicle, even with the windows down. This rise in temperature inside a car can happen very quickly and poses serious risks to infants and children left unattended in a car.
Although weather can pose serious risks to the safety of children left unattended in a vehicle for any period of time, equally as important are other potential hazards such as the car shifting out of gear and moving uncontrolled, possible choking/strangulation from seat belts, accidental self injury, or involvement in a motor vehicle accident (being struck by another car even though parked).
Many safety concerns for children can be addressed with direct supervision. In general, younger children do not have the ability to fully assess the risk of different situations on their own, such as how to react when approached by an unknown person. Unfortunately, people who are a risk to children with offending behaviours do seek out children who are unattended. In addition, a child left unattended in a vehicle would be at risk from a person who is seeking to break into a vehicle or to steal a vehicle. Therefore, it is never okay to leave a child unattended in a vehicle, regardless of their age or the time duration.
In terms of the laws around leaving your children unattended in a car, The Child and Family Services Act states that children would be considered in need of protection if they are under 12 years of age and do not have supervision. Section 17 (2) (g) of the Act provides the following example of a child in need of protection: "being under the age of 12 years, is left unattended and without reasonable provision being made for the supervision and safety of the child."The issue of lack of supervision of a child left in a vehicle unattended would be considered in the same light as a child left in any other situation without supervision.
If a child under the age of 12 years is reported to have been left alone, whether in a vehicle or another location, then emergency personnel and Child and Family Services (CFS) staff would need to follow up with the family to ensure the child's current and ongoing safety.
In each situation, all potential risks need to be considered as they can affect the safety of a child.
Tragedies related to leaving children unattended in a vehicle are highly preventable; be safe and never leave your child unattended in a vehicle.
Call 911 immediately if a child is in danger from being left unattended in a vehicle.
Once again we thank you for your question and we hope that the above information is helpful to you.
Manitoba Parent Zone acknowledges the assistance of Manitoba Families' Child Protection Branch and Health Links – Info Santé in responding to your question.
7. I have a 1948 dodge coupe that did not come with seat belts. What's the legal ruling if I let my kids ride in the back seat (ages 9 and 12). I plan on putting them in (seatbelts I mean!), just wondering what would happen if I got pulled over?
Thank you for your question.
Seat belts became mandatory in vehicles starting in 1971. Some vehicles came equipped with seatbelts prior to 1971.
If the vehicle is all original, older than 1971 and did not come with seatbelts from the manufacturer it can be legally operated without seatbelts. Factory installed seatbelts should not be removed.
It is not mandatory to install seatbelts unless the vehicle has been modified. If it is now a street rod, hot rod or other configuration/modification (not original or restored) then it must have, at minimum, a Type 1 seatbelt (lap belt) installed for each passenger. The seatbelts must be in compliance with the Canadian Motor Vehicle Safety Standard number 209.
If seatbelts are being installed it is recommended to check with a mechanic to ensure the seatbelts are adequately anchored to the vehicle.
If you have any further questions, you may direct them to: Manitoba Public Insurance – Vehicle Standards and Inspections at 204-985-0920 or by emailing vsi-stationinfo@mpi.mb.ca
Once again, we thank you for your question and we hope that the above information is helpful to you.
Manitoba Parent Zone acknowledges the assistance of Manitoba Public Insurance in responding to your question.
8. What are a parent's legal responsibilities regarding a child's actions while not at home, can parents be held responsible and or charged with anything their child does?
Manitoba's Parental Responsibility Act provides that a parent of a child who deliberately takes, damages, or destroys the property of another person is liable for the loss suffered by the owner of the property as a result of the activity of the child, and the owner of the property may sue the parent to recover damages in an amount not exceeding $10,000.00.
However, it is a defence to a civil action (law suit) under the Act if the parent is able to establish that he or she:
- the age of the child;
- the prior conduct of the child;
- the potential danger of the activity;
- the physical or mental capacity of the child;
- any psychological or other medical disorders of the child;
- whether the danger arising from the child's conduct was reasonably foreseeable by the parent;
- whether the parent was responsible for the care and control of the child at the time when the child engaged in the activity that resulted in the property loss;
- if the child was temporarily out of the care and control of the parent when the child engaged in the activity that resulted in the property loss, whether the parent made reasonable arrangements for the supervision of the child in the temporary location;
- whether the parent has sought to improve his or her parenting skills by attending parenting courses or otherwise;
- whether the parent has sought professional assistance for the child designed to discourage activity of the kind that resulted in the property loss; and
- any other matter that the court considers relevant to the determination.
The Parental Responsibility Act
As we are only able to provide you with general legal information through this "Ask an Expert" forum, we encourage you to seek legal advice about your specific situation from a lawyer who practices family law. If you do not think you can afford to consult with a lawyer, you may wish to contact Legal Aid Manitoba to see if you qualify for their services. Information on Legal Aid eligibility can be found by visiting the Legal Aid Manitoba website or by calling (204) 985-8500 in Winnipeg or toll free at 1-800-261-2960.
Another option for you may be the Community Legal Education Association, which provides a Law Phone-in and Law Referral Program. They can be reached at (204) 943-2305 for legal questions and (204) 943-3602 for lawyer referral or toll free at 1-800-262-8800.
In addition, the Legal Help Centre, a not-for-profit legal information clinic located at the University of Winnipeg, is another resource for information and advice about legal issues.
ManitobaParentZone.ca acknowledges the assistance of Manitoba Justice in responding to your question.
9. I would like to know if it is okay for me to drop my seven yr old daughter off at school 10-15 minutes before the school opens and leave her with the other children to enter the school.
The Child and Family Services Act states that children would be considered in need of protection if they are under 12 years of age and do not have supervision. Many safety concerns for children can be addressed with direct supervision. In general, younger children do not have the ability to fully assess the risk of different situations on their own, such as traffic safety or how to respond in case of an emergency.
Given your daughter's age, it would not be appropriate for her to be alone in the school grounds without supervision. Risks to her would include the possibility of injury without immediate assistance, risk from the streets and traffic surrounding the school and that people who are a risk to children with offending behaviours do seek out this kind of situation in this kind of setting. Young children are more vulnerable and do not have the ability to protect themselves in an emergency situation.
Many schools have a before and after school child care program either in the school or close to the school. You can check with your daughter's school office if they have this kind of program in her school. In addition, some schools will have a place where local parents advertise their availability to help with this type of child supervision. Another possibility is to ask a trusted neighbour or someone who lives near the school for assistance.
If you would like to search information on licensed child care in your community, you can find more information on the website for Manitoba Early Learning and Child Care.
You may also find it helpful to contact the Child and Family Services intake agency for your community to see if they are able to offer any services that may be helpful in your situation. You can use the map at Manitoba Family Services – Child Protection Designated Intake Agencies (DIAs) to determine which agency provides intake services for your community.
ManitobaParentZone.ca acknowledges the assistance of Manitoba Families' Child Protection Branch in responding to your question.