The Office of the Children's Lawyer (OCL) brought an urgent motion to set aside a Summons to Witness served by Kina Gbezhgomi Child and Family Services (Kina) on the child A.L.P. in a Secure Treatment Application proceeding.
Kina sought to question the child, arguing it was permissible under the Family Law Rules.
The OCL argued that Secure Treatment Applications fall under Part VII of the CYFSA, not Part V (Child Protection), and therefore Rule 20(3) regarding questioning as a right does not apply.
The court agreed with the OCL, finding that Rule 20(3) does not apply to Secure Treatment Applications and that Kina should have brought a motion under Rule 20(5) for an order to question the child, which it failed to do.
The OCL's motion was granted, and the Summons to Witness was set aside.
