Law Recap: Child, Youth, & Family Enhancement Act
About the child, youth, and Family ENhancement Act
What is the Child, Youth, & Family Enhancement Act?
The Child, Youth, and Family Enhancement Act (CYFEA), is an Alberta law in place for protecting and enhancing the wellbeing of children, youth, and families. The primary objective of the Act is to ensure the safety and wellbeing of children and youth who may be at risk of abuse, neglect, or in other harm’s way and situations. The Act gives authority for child and youth services to provide services in support of these children experiencing neglect, abuse, or are otherwise in need of intervention. It also outlines the roles, responsibilities, and procedures for conducting investigations, providing services, and making decisions related to the care and protection of children and youth.
In case of last resort, the Child, Youth, & Family Enhancement Act allows any children to be removed from the home if they are unsafe within it. The Act outlines the rights and responsibilities parents, guardians, and caregivers, as well as the roles and responsibilities of child protection workers and other professionals involved in the care and protection of children and youth within interventional means.
Intervention can look like family support services, attending programs and educational and skill-building workshops, the child’s temporary removal from the home, or the child’s permanent removal from the home. As a last resort, in the case of the removal of a child from the home, an Apprehension Order* will be put in place (page 24 of the Child, Youth, and Family Enhancement Act).
*Please refer to section ‘Terminology- Agreements’ for more information on the Apprehension Order
Who does the Child, Youth, & Family Enhancement act serve?
The Act focuses primarily on the protection and wellbeing of children, youth, and families.
If a child is in need of intervention to keep themselves safe, a court, an appeal panel, and all persons who exercise an authority or make any decision under this act related to the child (director, parents, guardians, caregivers), must do so in the best interests of the child. The following must all be considered when making decisions concerning the child’s safety:
The child’s family has the primary responsibility for the safety and wellbeing of the child and the family’s wellbeing should be supported and preserved
If the child is capable of forming an opinion, the child’s opinion should be taken into consideration
In the case of an Indigenous child, it is important to show respect and support in preserving their Indigenous identity, culture, heritage, language, and traditions
How does the CYFEA enhance the safety and wellbeing of a child or youth?
The process behind the Child, Youth, and Family Enhancement Act involves a series of steps and interventions. The first step for individuals is the reporting step. If there is a concern about the safety or wellbeing of a child, a report or referral to Child Protection Services will be made. Anyone, including family members, neighbors, teachers, doctors, or other professionals, can make a report detailing their concerns to Child Protection Services. The CYFEA by law requires any individual with reasonable and probable grounds for concern to report suspected abuse or neglect. Reports can be made by contacting the local child welfare agency or the appropriate government department responsible for Child Protection Services.
The process begins when Child Protection agencies identify concern (based on a report or other interventions made) regarding the safety or wellbeing or a child or youth. Child Protection workers will then meet with the family to discuss the concerns and explore potential solutions. These solutions could look like utilizing family support services (counselling, programs, etc.), creating a safety plan to navigate custody agreements or transfers between home, school, and extracurriculars, home visitation programs, the guardian attending further educational and skill-building workshops, having a collaborative case management between guardians and caseworkers, or making use of wraparound services that take a holistic approach to the family system.
Through a collaborative process Child Protection workers and the family will negotiate the terms of the Division 2 Agreements, which may include specific actions or interventions the family agrees to undertake in order to address the concerns for safety. The agreement is voluntary and reflects the needs and circumstances of the family’s unique situation.
If you would like to learn more about the enhancement process of the Child, Youth, and Family Enhancement Act, you can learn more using the link here.
terminology
apprehend/apprehension
to take a child from their home and into the care of the Province of Alberta if there is reasonable and probable grounds to believe the child is in need of intervention.
child
a person who is under the age of 18 (eighteen) years of age and includes a youth unless specifically stated otherwise OR is a person under the age of 22 (twenty-two) years who is receiving support and financial assistance under section 57.3 of the Child, Youth, and Family Enhancement Act.
child & youth advocate
the individual appointed as the Child & Youth Advocate under section 2 of the Child & Youth Advocate Act. This individual is an officer of the Legislature and may not be a member of the Legislative Assembly. They are appointed by the Lieutenant Governor on the recommendations of the Legislative Assembly.
director
indicates 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 made under this Act.
ex parte
to be made without notice.
guardian
indicates a person who is or is appointed a guardian of the child (parent, holds primary custody, caregiver) or is a person who is a guardian of the child under an agreement or order made pursuant to this Act.
intervention
to be in need of intervention means to experience any of the following:
neglect
emotional or psychological abuse
physical abuse
sexual abuse
abandonment
cruel or unusual punishment
inability to protect a child from abuse or neglect
Intervention services refers to any services, including protective services, that are provided to a child or family under this Act, escape for services provided under Part 2 or Part 3*.
protective services
indicates any service provided to a child who either is in the custody of a director or is the subject of a supervision order, temporary guardianship order/agreement, or a permanent guardianship agreement/order
youth
a child who is 16 (sixteen) years of age or older.
*Part 2 refers to Adoption and Part 3 refers to Licensing of Residential Facilities
terminology - agreements
what are ‘division 2 agreements’?
Division 2 Agreements refer to agreements made under specific sections of legislation governing child welfare. These agreements address concerns related to the safety and wellbeing of children and youth without resorting to court intervention or drastic measures of apprehension.
Division 2 Agreements include the Family Enhancement Agreement, Custody Agreement, Terms of Custody Agreement, Permanent Guardianship Agreement, Termination of Permanent Guardianship Agreement, Access Agreements, Minor Parents provisions, and the Application for Order to Terminate Agreement.
What is the ‘terms of custody agreement’?
An agreement that outlines the agreed upon terms (conditions, rules, & regulations) of a custody agreement between a guardian and a director, which may include:
a) the plan for the care of the child, including a description of the services to be provided (ie. meal service, bathing, drop off/pick up from school, etc.)
b) the visits or other access to be provided between the child and the child’s guardian or any other person
c) the extent of the delegation of the authority of the guardian given to the director
What is an ‘Apprehension order’?
If a director has reasonable and probably grounds to believe that a child is in need of drastic intervention means (ie. removal from the home), the director may make an ex parte application to a judge of the Court, or if not judge is reasonable aavailable, to a justice of the peace for an order
a) authorizing the director to apprehend the child, or
b) if the judge or justice is satisfied that the child may be found in a place or premises (other than ‘home’), authorizing the director or any person name in the order and any peace officer called on for assistance, to enter, by force if necessary, that place or premises to search for and apprehend the child.
what is the ‘permanent guardianship agreement’?
If the child has been in custody with at least one of the child’s guardians for over a cumulative period of less than 6 (six) months, all the guardians of the child and a director may enter into a Permanent Guardianship Agreement. The Agreement includes:
the guardianship of any person who was a guardian of the child in the time the Agreement was entered into and is terminated
the Agreement is binding on any parent who at the time the Agreement was entered into, was not a guardian of the child, whether or not that parent had notice of the Agreement
the director who is the sole guardian of the child for all purposes
A Permanent Guardianship Agreement means that the court thinks the possibility returning a child to their guardian in a reasonable time is not likely.
what is a temporary guardianship order?
The Court may make an order appointing a director as a guardian of a child if it is satisfied that the child is in need of intervention and the safety, security, or development of the child may not be adequately protected if the child remains with the child’s guardian.
It is anticipated that within a reasonable amount of time the child may be returned to the custody of the child’s guardian or, if the child is 16 (sixteen) years of age or older, the child will be able to live independently.
How long does a temporary guardianship order remain in effect?
A Temporary Guardianship Order remains in effect until
a) the order expires in its terms or is terminated by a court
a.1) a private guardianship order is made in respect of the child
b) the child attains the age of 18 (eighteen) years, or
c) the child marries, whichever occurs first
Termination of the permanent guardianship agreement
A guardian who has entered into a Permanent Guardianship Agreement within 10 days after the date of the Agreement, can request in writing, that the director terminate the agreement and return the child who is the subject of the Agreement to that guardian.
The director who receives a request from a guardian will then notify any other guardian who was a party to the Permanent Guardianship Agreement, of the request and place the child in the custody of the guardian who made the request. This will be done within 48 hours after the request was received or within any other period agreed to by the director and the guardian who makes the request.
A Permanent Guardianship Agreement remains in effect until
a) the agreement or order is terminated by a court
b) a private guardianship order is made regarding the child
c) an adoption order is made regarding the child
d) the child reaches the age of 18 (eighteen) years, or
e) the child marries, whichever occurs first
other resources
Ministry of Children and Family Services - Minister Searle Turton
Requesting a Child Intervention Record Check