The Provincial Court conducts child protection hearings initiated by the Ministry of Social Services at all court locations outside of Regina, Saskatoon and Prince Albert. In those cities, child protection matters are handled by the Court of Queen's Bench.
According to the Child and Family Services Act, a child is in need of protection if, as a result of an act or omission of a child's parent:
- The child has suffered or is likely to suffer physical harm;
- The child has suffered or is likely to suffer a serious impairment of mental or emotional functioning;
- The child has been or is likely to be exposed to harmful interaction for a sexual purpose including involvement in prostitution and including conduct that may amount to an offence within the meaning of the Criminal Code;
- Medical, surgical or other recognized remedial care or treatment that is considered essential by a duly qualified medical practitioner has not been or is not likely to be provided to the child;
- The child's development is likely to be seriously impaired by failure to remedy a mental, emotional or developmental condition; or
- The child has been exposed to domestic violence or severe domestic disharmony that is likely to result in physical or emotional harm to the child;
- or -
There is no adult person who is able and willing to provide for the child's needs, and physical or emotional harm to the child has occurred or is likely to occur;
- or -
The child is less than 12 years of age and;
- There are reasonable and probable grounds to believe that:
- The child has committed an act that, if the child were 12 years of age or more, would constitute an offence under the Criminal Code, the Narcotic Control Act (Canada) or Part III or Part IV of the Food and Drug Act (Canada); and
- Family services are necessary to prevent a recurrence; and
- The child's parent is unable or unwilling to provide for the child's needs.
The Court has the power to:
- return the child to the parents with or without supervision by the Ministry of Social Services,
- place the child in the custody of a person having sufficient interest in the child, or
- place the child temporarily or permanently in the care of the Ministry of Social Services.
You can find more information on Family Law in the Court of Queen’s Bench section of the website.