CHILD, YOUTH AND FAMILY
ENHANCEMENT ACT
Chapter C‑12
Table of Contents
1 Interpretation
2 Matters
to be considered
2.1 Procedural rights
3 Office of Child and Youth
Advocate
3.1 Alternative dispute resolution
Part 1
Intervention Services
Division 1
Preliminary Matters
4 Reporting
child in need
5 Peace officer
6 Assessment, investigation,
response
7 Emergency
care
Division 2
Agreements
8 Family
enhancement agreement
9 Custody
agreement
10 Terms
of custody agreement
11 Permanent
guardianship agreement
12 Termination of
permanent guardianship agreement
13 Application
for order to terminate agreement
14 Access
agreements
15 Minor
parent
Division 3
Court Orders
16 Supervision
order application
17 Temporary
guardianship application
18 Permanent
guardianship application
19 Apprehension
order
19.1 Apprehension in another province
20 Notice of
apprehension
21 Court
application after apprehension
21.1 Initial custody, concurrent planning
22 Custody
on apprehension
22.1 Health care on apprehension
22.2 Health care
under guardianship
23 Notice
of application
24 Exclusion from
hearing
26 Adjournments
27 General
powers of Court
28 Supervision
order
29 Breach of
supervision order
30 Restraining
order
31 Temporary
guardianship order
32 Review
of supervision or temporary guardianship order
33 Term
of custody
34 Permanent
guardianship order
34.1 Report on guardianship
35 Termination
of permanent guardianship agreement or order
38 Parents’ marriage
39 Right to
custody
40 Duration
of order
42 Death
of child
Division 4
Secure services
43.1 Secure services certificate
44 Secure services
order
44.1 Renewal of section 43.1 and 44 orders
45 Secure
treatment facility
46 Transfer
47 Leave of
absence
48 Search and
apprehension order
49 Review
50 Order
of Court on review
51 Adjournment
and extension of confinement
Division 5
Private Guardianship
52 Private
guardianship
53 Notice
55 Consent
to guardianship
56 Private
guardianship order
56.1 Financial assistance
57 Effect
of order
57.1 Termination of order
Division 6
Youth
57.2 Family
enhancement custody agreements
57.3 Post‑18
care and maintenance
Division 7
Guardian’s Financial Responsibility
57.4 Definition
57.5 Child support
agreement
Part 2
Adoption
58 Interpretation
58.1 Matters to be considered
Division 1
Adoption Process
59 Consent
to adoption
60 Automatic
joint guardianship status
61 Revocation
of consent
62 Petition for
adoption order
63 Documentation
to accompany petition
64 Service
of notice of hearing
66 Investigation
by the Minister
67 Consultation
with band of Indian child
68 Court
proceedings
69 Direct
placement adoption
70 Adoption
order
71 Subsequent
petition
72 Effect
of adoption order
72.1 Adoption of non‑resident of Canada
73 Effect
of foreign order
73.1 Setting aside an adoption order
74 Distribution
of adoption order
Division 2
Adoption Information
74.1 Sealed information
74.2 Right to
disclosure, pre‑2005 adoptions
74.3 Adoptions on or
after January 1, 2005
74.4 General
disclosure
75 Matching
applications for voluntary disclosure of identities
Division 3
Financial Assistance
81 Financial
assistance
Division 4
Offences
83 Prohibition on
payment
84 Prohibition on facilitation
85 Prohibition
on advertising
86 Offence
and penalty
Division 5
Licensing of Adoption Agencies
87 Application
for licence
88 Licence
89 Suspension,
cancellation and refusal of licence
90 Surrender
of licence, etc.
91 Right
to enter premises
Division 6
Intercountry Adoption with Respect
to Designated States
92 Interpretation
93 Scope
of Division 6
94 Paramountcy
95 Intercountry
adoptions
96 Central
Authority for Alberta
97 Central
Authority duties
98 Apply
to adopt
99 Report
on applicants
100 Decision
on adoption
101 Pre‑existing
relationship termination
102 Recognition
of the adoption
103 Prohibition
on contact
104 Regulations
105 Designated
States
Part 3
Licensing of Residential Facilities
105.1 Definition
105.2 Licence
required
105.3 Application for
licence
105.31 Varying a
licence
105.4 Standards
105.5 Inspection
105.6 Order after
inspection
105.7 Suspension or
cancellation of licence
Part 4
General
105.8 Financial assistance for children
Indian Child
107 Indian
child
Evidence
108 Witnesses
109 Confidential
evidence
110 Age
of child
Court Proceedings
111 Right
to appear
112 Legal
representative
Maintenance
113 Enforcement
of maintenance
Appeals to Court of
Queen’s Bench
114 Time
for appeal
115 Stay of order
116 Procedure
on appeal
117 Decision
of Court
Administrative
Decision
117.1 Administrative review
Appeal to an Appeal
Panel
118 Appeal
Panel
119 Power of the
Appeal Panel
120 Appeal to the
Appeal Panel
General
121 Delegation
122 Agreements
123 Engagement of
consultants
124 Minor
guardian
124.1 Reciprocal agreement
125 Foreign
orders and agreements
126 Confidentiality
126.1 Privileged information
126.11 Applying for
information
126.2 Ban on
publication
127 Records
128 Maintenance by
the Minister
128.1 Alberta Resource Rebate
129 Appointments
130 Offence
131 Regulations
Part 5
Transitional, Repeal and Coming into Force
132 Transitional
133 Repeals
s58(1)(a) and (2)
134 Coming
into force
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Interpretation
1(1) In this Act,
(a) “aboriginal”
includes Indian, Metis and Inuit;
(a.1) “adoption
order” means an order made under section 70;
(a.2) “adoption
services” means any service provided under Part 2;
(a.3) “Appeal
Panel” means an Appeal Panel established under Part 4;
(a.4) “band”
means band within the meaning of the Indian Act (Canada);
(b) “biological
father” means the man
(i) who is married to the biological mother at the time of the birth
of the child,
(ii) acknowledged by the biological mother as the biological father of
the child,
(iii) declared by a court to be the biological father of the child, or
(iv) who satisfies a director that he is the biological father of the
child;
(c) “biological
mother” means the woman who gave birth to the child;
(d) “child”
means a person under the age of 18 years and includes a youth unless
specifically stated otherwise;
(e) “Child
and Family Services Authority” means a Child and Family Services Authority
continued or established under the Child
and Family Services Authorities Act;
(f) “Child
and Youth Advocate” means the person appointed by the Lieutenant Governor in
Council as the Child and Youth Advocate for the purposes of this Act and the Protection
of Sexually Exploited Children Act;
(g) “council
of the band” means council of the band within the meaning of the Indian Act
(Canada);
(h) “Court”
means the Provincial Court;
(i) “custody
agreement” means an agreement entered into under section 9 or 57.2(2);
(j) “director”
means a person designated by the Minister as a director for the purposes of
this Act and the Protection of Sexually Exploited Children Act
and without limiting the generality of the foregoing includes a person
designated as a director in accordance with an agreement under section 122(2)
of this Act;
(j.1) “family
enhancement agreement” means an agreement entered into under section 8 or
57.2(1);
(j.2) “family
enhancement services” means any service provided under a family enhancement
agreement and care provided under section 7;
(k) “foster
parent” means a person approved as a foster parent by a director;
(l) “guardian”
means
(i) a person who is or is appointed a guardian of the child under
Part 2 of the Family Law Act, or
(ii) a person who is a guardian of the child under an agreement or
order made pursuant to this Act;
(m) “Indian”
means an Indian as defined in the Indian
Act (Canada);
(m.1) “intervention
services” means any services, including protective services, provided to a
child or family under this Act except for services provided under Part 2 or
Part 3;
(m.2) “marital
status” includes, on and after the coming into force of the Adult
Interdependent Relationships Act, an adult interdependent partner as
defined in that Act;
(n) “Minister”
means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this
Act;
(o) “peace
officer” means a member of a municipal police service, a member of the Royal
Canadian Mounted Police, or a peace officer appointed under the Peace
Officer Act for the purposes of this Act;
(p) “permanent
guardianship agreement” means an agreement entered into under section 11;
(q) “permanent
guardianship order” means a permanent guardianship order made under section 34;
(q.01) “personal
information” means personal information as defined in the Freedom of
Information and Protection of Privacy Act;
(q.1) “presiding
justice of the peace” means a presiding justice of the peace as defined in the Justice
of the Peace Act;
(r) “private
guardianship order” means a private guardianship order made under section 56;
(s) “protective
services” means any service provided to a child who either
(i) is in the custody of a director, or
(ii) is the subject of a supervision order, temporary guardianship
order or permanent guardianship agreement or order;
(t) “qualified
person” means a qualified person as prescribed in the regulations;
(t.1) “reserve”
means reserve within the meaning of the Indian Act (Canada);
(u) “secure
services certificate” means a secure services certificate issued under section
43.1;
(v) “secure
services facility” means a facility designated by the Minister, by regulation,
as a secure services facility;
(w) “secure
services order” means a secure services order made under Part 1, Division 4;
(x) repealed
2003 c16 s3;
(x.1) “sitting
justice of the peace” means a sitting justice of the peace as defined in the Justice
of the Peace Act;
(y) “supervision
order” means a supervision order made under section 28 and includes a renewal
order;
(z), (aa) repealed
2003 c16 s3;
(bb) “temporary
guardianship order” means a temporary guardianship order made under section 31
and includes a renewal order;
(cc) “youth”
means a child who is 16 years of age or older.
(2) For
the purposes of this Act, a child is in need of intervention if there are
reasonable and probable grounds to believe that the survival, security or
development of the child is endangered because of any of the following:
(a) the
child has been abandoned or lost;
(b) the
guardian of the child is dead and the child has no other guardian;
(c) the
child is neglected by the guardian;
(d) the
child has been or there is substantial risk that the child will be physically
injured or sexually abused by the guardian of the child;
(e) the
guardian of the child is unable or unwilling to protect the child from physical
injury or sexual abuse;
(f) the
child has been emotionally injured by the guardian of the child;
(g) the
guardian of the child is unable or unwilling to protect the child from
emotional injury;
(h) the
guardian of the child has subjected the child to or is unable or unwilling to
protect the child from cruel and unusual treatment or punishment.
(i) repealed
2003 c16 s3.
(2.1) For the purposes of subsection
(2)(c), a child is neglected if the guardian
(a) is
unable or unwilling to provide the child with the necessities of life,
(b) is
unable or unwilling to obtain for the child, or to permit the child to receive,
essential medical, surgical or other remedial treatment that is necessary for
the health or well‑being of the child, or
(c) is
unable or unwilling to provide the child with adequate care or supervision.
(3) For
the purposes of this Act,
(a) a
child is emotionally injured
(i) if there is impairment of the child’s mental or emotional
functioning or development, and
(ii) if there are reasonable and probable grounds to believe that the
emotional injury is the result of
(A) rejection,
(A.1) emotional, social, cognitive or
physiological neglect,
(B) deprivation of affection or cognitive
stimulation,
(C) exposure to domestic violence or severe
domestic disharmony,
(D) inappropriate criticism, threats,
humiliation, accusations or expectations of or toward the child,
(E) the mental or emotional condition of the
guardian of the child or of anyone living in the same residence as the child;
(F) chronic alcohol or drug abuse by the
guardian or by anyone living in the same residence as the child;
(b) a
child is physically injured if there is substantial and observable injury to
any part of the child’s body as a result of the non‑accidental
application of force or an agent to the child’s body that is evidenced by a
laceration, a contusion, an abrasion, a scar, a fracture or other bony injury,
a dislocation, a sprain, hemorrhaging, the rupture of viscus, a burn, a scald,
frostbite, the loss or alteration of consciousness or physiological functioning
or the loss of hair or teeth;
(c) a
child is sexually abused if the child is inappropriately exposed or subjected
to sexual contact, activity or behaviour including prostitution related
activities.
(4) Subject
to this Act, a person who is a guardian of a child under an agreement or order
made under this Act is a guardian under the Family
Law Act.
(5) For the purposes of this Act, a
child is in the custody of a director if
(a) the
child has been apprehended under section 19 and has not been returned to the
custody of the child’s guardian,
(b) the
child is the subject of a custody order under section 21.1(2)(a) or an interim
order for custody under section 21.1 or 26, or
(c) the child is the subject of a custody
agreement.
RSA 2000 cC‑12
s1;2002 c8 s21;2002 c9 s2;
2003 cF‑4.5 s113;2003 c16 s3;2004 c16 s2;
2006 cP‑3.5 s34;2007 c8 s12
Matters to be considered
2 If a child is in need of intervention, a
Court, an Appeal Panel and all persons who exercise any authority or make any
decision under this Act relating to the child must do so in the best interests
of the child and must consider the following as well as any other relevant
matter:
(a) the
family is the basic unit of society and its well‑being should be
supported and preserved;
(b) the
importance of stable, permanent and nurturing relationships for the child;
(c) the
intervention services needed by the child should be provided in a manner that
ensures the least disruption to the child;
(d) a
child who is capable of forming an opinion is entitled to an opportunity to
express that opinion on matters affecting the child, and the child’s opinion
should be considered by those making decisions that affect the child;
(e) the
family is responsible for the care, supervision and maintenance of its children
and every child should have an opportunity to be a wanted and valued member of
a family, and to that end
(i) if intervention services are necessary to assist the child’s
family in providing for the care of a child, those services should be provided
to the family, insofar as it is reasonably practicable, in a manner that
supports the family unit and prevents the need to remove the child from the
family, and
(ii) a child should be removed from the child’s family only when other
less disruptive measures are not sufficient to protect the survival, security
or development of the child;
(f) subject
to clauses (e) and (g), if a child has been exposed to domestic violence within
the child’s family, intervention services should be provided to the family in a
manner that supports the abused family members and prevents the need to remove
the child from the custody of an abused family member;
(g) any
decision concerning the removal of a child from the child’s family should take
into account the risk to the child if the child remains with the family, is
removed from the family or is returned to the family;
(h) if
it is not inconsistent with protecting the survival, security or development of
a child who is in need of intervention, and appropriate community services are
available, the child or the child’s family should be referred to the community
for services to support and preserve the family and to prevent the need for any
other intervention under this Act;
(i) any
decision concerning the placement of a child outside the child’s family should
take into account
(i) the benefits to the child of a placement within the child’s
extended family;
(ii) the benefits to the child of a placement within or as close as
possible to the child’s home community,
(iii) the benefits to the child of a placement that respects the
child’s familial, cultural, social and religious heritage,
(iv) the benefits to the child of stability and continuity of care and
relationships,
(v) the mental, emotional and physical needs of the child and the
child’s mental, emotional and physical stage of development, and
(vi) whether the proposed placement is suitable for the child;
(j) the
provision of intervention services is intended to remedy or alleviate the
condition that caused the child to be in need of intervention;
(k) intervention
services are most effective when they are provided through a collaborative and
multi‑disciplinary approach;
(l) if
a child is being provided with care under this Act, the child should be
provided with a level of care that is adequate to meet the needs of the child
and consistent with community standards and available resources;
(m) if
a child is being provided with care under this Act, a plan for the care of that
child should be developed that
(i) addresses the child’s need for stability, permanence and
continuity of care and relationships, and
(ii) in the case of a youth, addresses the youth’s need for
preparation for the transition to independence and adulthood;
(n) a
person who assumes responsibility for the care of a child under this Act should
endeavour to make the child aware of the child’s familial, cultural, social and
religious heritage;
(o) there
should be no unreasonable delay in making or implementing a decision affecting
a child;
(p) if
the child is an aboriginal child, the uniqueness of aboriginal culture,
heritage, spirituality and traditions should be respected and consideration
should be given to the importance of preserving the child’s cultural identity.
RSA 2000 cC‑12
s2;2003 c16 s4
Procedural
rights
2.1 A director, when it is appropriate, must
inform a child of the child’s procedural rights under this Act.
2003 c16 s5
Office of Child and
Youth Advocate
3(1) The Lieutenant Governor in Council may, on the
recommendation of the Minister, appoint a Child and Youth Advocate, who shall
hold office for a term not exceeding 5 years.
(2) The
Minister may authorize and provide for the payment of the remuneration and
expenses of the Child and Youth Advocate and for the office and staff of the
Child and Youth Advocate.
(3) The
Child and Youth Advocate shall
(a) advise
the Minister on matters relating to the welfare and interests of children who
receive services under this Act or the Protection of Sexually Exploited
Children Act and the provision of those services;
(b) receive
and review complaints or concerns that come to the attention of the Child and
Youth Advocate respecting children who receive serv
