View Single Post
  #8  
Old 03-08-2018, 02:39 PM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 6,820
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by Where is the Light View Post
... When my 14 year old refused to go back into a drug rehab because the ridiculous laws of Ontario give a 12 year old the right to decline help, I handed my teen over to the childrens aid.
That is incorrect. There is no stated age of consent for medical treatment in Ontario.

Please see Policy Number:#3-15 from the College of Physicians and Surgeons under the section Capacity and then Minors:

Quote:
The test of capacity to consent to a treatment is not age-dependent and as such, physicians must make a determination of capacity to consent to a treatment for a minor just as they would for an adult. If a minor is capable with respect to a treatment, the physician must obtain consent from the minor directly even if the minor is accompanied by his or her parent(s) or guardian(s).
There is no stated age. So, if a clinician has deemed that your child can consent to or refuse treatment then, rest assured the child has the capacity to do so.

It isn't a problem with the *law* in any jurisdiction. You have a child who has the capacity to determine their own course of medical treatment for which rehabilitation services is. That's the problem. Not age. You don't get to dictate over children because you are a "parent".

This change was done to avoid the 1980s issues of parents throwing their children into institutes because they "couldn't handle them" and when the child only wanted a Pepsi, just one Pepsi, and their parents wouldn't give it to them. Parents in the 80s stuck their children into an institution, said it was the only solution, to give the children the needed professional help to protect them from the only perceived enemy, themselves. Which was complete BS in the 80s. (Some ST applied. Thanks Cyco Mike for the life lessons!)

In fact, it protects children from being tossed into other BS therapy like "conversion therapy", so they can get life-saving medical treatments banned by lunatic religious beliefs of their parents (i.e. Christian Scientists) and to protect children from parents with Factitious Disorders by Proxy who were harming their children by making them seriously sick and provide children the ability to "clean out their closet".

So, as frustrating as this may be for you. You have NO RIGHT to force a child, who has been deemed to have the capacity to make their own medical decisions, into treatment.

Quote:
Originally Posted by Where is the Light View Post
I am expected so submit all these papers to court. OMG, I am overwhelmed. 30 days to do all this paperwork when I don't even know what I am doing and haven't the money to hire a lawyer.
https://shawyerlaw.ca/wp-content/upl...ing-an-APC.pdf

I suspect you are required to draft an APC. ("Answer
and Plan of Care")

Everything you have disclosed in the statement above sounds like you are required to complete an APC. 30 days notice, papers to court, etc... See the link I supplied. It is quite good at explaining how to complete the APC.

Note to readers: I suspect this parent is having the child taken into protective custody from them under the Family Services Act. ("in need of protection")

Quote:
Originally Posted by Where is the Light View Post
Does anyone else have experience with these people/CAS? A nightmare!!!
The best advice I can give anyone... Don't get them involved ever in your private family matters. But, it is too late for that now.

Quote:
Originally Posted by Where is the Light View Post
Am I expected to bring a lawyer into court with me at our 1st hearing?
No. You can be unrepresented. But, this is complex stuff so you are advised to retain a lawyer.

Quote:
Originally Posted by Where is the Light View Post
They currently have temp custody of teen. Does anyone know if a paralegal can do my paperwork for cheaper? I am stressed.
When did the apprehension of the child? They only have a few weeks to get into the court to make the application and for a first appearance. You will be expected to file an APC.

Based on your past messages, maybe it is best the child is taken into CAS care. I hate to say it but, you are very anxious person and are in my humble personal opinion in need of a lot of support. So there is no doubt in my mind that the child needs help too.

CAS being involved isn't a bad thing sometimes. Especially when parents can't cope with the situation. They are there to aid parents and children. They are possibly concerned that you do not have the tool to assist the child. If they do wouldn't it be the best thing to let the child get help?
Reply With Quote