What is the state’s duty to protect children from harm?

Ontario, Canada


The following excerpt is from Catholic Children’s Aid Society of Toronto v. M.C., 2018 ONCJ 619 (CanLII):

[179] By the same token children are vulnerable. The family does not always provide a safe environment for children. Protecting children from harm has become a universally accepted goal. “Because children are vulnerable and cannot exercise their rights independently, particularly at a young age, and because child abuse and neglect have long-term effects that impact negatively both on the individual child and on society, the state has assumed both the duty and the power to intervene to protect children’s welfare.” See Winnipeg Child and Family Services v. K.L.W. ¶ 73-75.

Other Questions


Is a party's failure to raise allegations of harm in a Convention signatory state determinative of a failure to meet the threshold test of grave risk of harm? (Ontario, Canada)
What is the scope of the Children’s Aid Society's duty to investigate allegations that children may be in need of protection? (Ontario, Canada)
Does a father who seeks to undermine the relationship between his children's relationship with their mother, who is also a primary parent of the children, violate the children’s right to care for them? (Ontario, Canada)
What is the test for determining whether there is a continued need for state intervention to protect the children? (Ontario, Canada)
How have courts dealt with a claim by the great aunt and her husband for state funded counsel in a child protection proceeding? (Ontario, Canada)
What is the current state of the law in the United States? (Ontario, Canada)
What is the current state of the law on hearsay in child protection applications? (Ontario, Canada)
What is the current state of the law on pit bull legislation in the United States? (Ontario, Canada)
What is the current state of the law on "protective sweep" searches? (Ontario, Canada)
How have the courts in the United States dealt with the issue of disclosure of confidential information on a Motion for Personal Information Protection? (Ontario, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.