What is the test for apprehending a child?
Manitoba, Canada
The following excerpt is from CFS WESTERN MANITOBA v. A.L.F., 2019 MBQB 15 (CanLII):
In order to apprehend a child, an agency worker must believe on reasonable and probable grounds that the child is in need of protection. This test requires not only that the worker have a subjective belief that the child is in need of protection, but also that the need for protection is justifiable from an objective point of view (Child and Family Services of Western Manitoba v. K.B., 2006 MBCA 82).
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