What happens if a child is in protective care and there is no agreement reached with the parent?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

When a child is placed in protective care and no agreement is reached with the parent, the appropriate action involves the minister applying for a legal order concerning the child's custody or welfare. This process acknowledges the need for a judicial review to determine the best interests of the child and to assess the appropriateness of the protective care situation.

Legal proceedings enable the court to decide whether the child's current status in protective care should continue, and it necessitates evaluating the circumstances that led to the child's removal from the parent in the first place. The minister’s application for an order ensures that there is a formal mechanism for determining the future care of the child, which involves scrutiny of evidence and consideration of both parental rights and the child's welfare.

The other choices lack the necessary processes in child welfare law. Immediate return of the child without reaching an agreement or a court order could compromise the child's safety and well-being. Saying the child will remain indefinitely in protective care also bypasses the required legal framework and lacks a time limit for resolution. Finally, suggesting that the parent has no say undermines their legal rights and responsibilities in the matter, as they are entitled to be involved in discussions about the welfare of their child. Therefore, the correct answer highlights the necessity of seeking a court order to

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