Divorce Lawyer Edmonton | Understanding Alberta Child Welfare Laws
And under SIIA according to divorce lawyer Edmonton. There are three types of court orders or applications that CFS can make. And before I get to that, let’s talk a little bit about what initial custody is. Initial custody follows an apprehension order. It’s an opportunity for the parents and CFS to argue to a judge why temporary custody should be granted. Now the parents can fight and say well, we want temporary custody until the substantive matter is resolved.
CFS could argue, we want temporary custody or initial custody until the matters are fully resolved. Because it can take a number of months or even over a year before the matter is finally resolved. So, in the meantime, the court has to decide who should have custody of the kids. In that meantime period, and that’s called initial custody. Normally it’s 42 days from the date of apprehension that it must be decided. Parents have the option of consenting to it or opposing it. If they oppose it, then a hearing will be heard in front of a judge and CFS will present their evidence.
Need to know Alberta Child Welfare Laws
The parents will present theirs, and then the judge will make the decision. Based on what he or she thinks is in the best interest of the children. If initial custody is granted or consented to. Normally the next step is dealing with the more substantive application. CFS has the option of applying for three separate types of orders. And a divorce lawyer Edmonton can help you through this.
And I’ll go through each one in a little bit of detail, but just to name them, one is called a supervision order. Another is called a temporary guardianship order or TGO. And another it’s called a permanent guardianship or PGO. Supervision orders and PGOs can vary in duration. I’ve seen them be as short as three months or as long as six months. Normally a supervision order or a temporary guardianship order will lay out a series of conditions. That CFS expects the parents to comply with.
And in fact, in Alberta Child Welfare Laws, if it’s in the terms of the supervision order or temporary guardianship order. The parents are obliged to follow through with those conditions. The types of conditions that can be included in supervision order or temporary guardianship order, may be that the parents take parenting courses. Or psychological counseling related to addictions or domestic violence. Sometimes these orders require, or request assessments be done on the parents. Like parenting and psychological assessments or neurological assessments.
The difference between a supervision order and a temporary guardianship order is that in a supervision order, the, the children remain in the parents’ care while those conditions are being met. Whereas in a temporary guardianship order, the children are placed in the care of either other family members in kinship care or in foster care. They’re not with the parents while those conditions are being met. So a supervision order is less intrusive than a temporary guardianship order. Call a divorce lawyer Edmonton for help with your case.
Divorce Lawyer Edmonton | Meeting CFS Expectations As Parents
In Alberta Child Welfare Laws, once a supervision order or temporary guardianship order has expired, according to divorce lawyer Edmonton. CFS has the option to then just end the matter there and say: okay, you guys have met your expectations as guardians and parents. We are now going to back away from the situation. Or if CFS finds that the parents or guardians have not met those expectations to their satisfaction. CFS has the option to apply for another court order. Whether it be another supervision order, another temporary guardianship order, or even a permanent guardianship order.
If the situation is serious enough, CFS has the authority. To apply for a permanent guardianship order right off the bat. A permanent guardianship order is a very serious type of application made by CFS. It’s a very serious type of order. Essentially what it is, is it strips away a parent’s parental rights, almost completely. Sometimes parents have a little bit of access after a permanent guardianship order, but not always.
Do Not Agree To Any Order Without A Lawyer
It really is the termination of a parent’s rights completely. So, it’s a very serious application and you should think twice before agreeing to it. If you are faced with that sort of situation, my advice would be. If you are faced with if a permanent guardianship order. You should definitely get legal representation to help you. Whether it is to advocate for you and oppose it all together. Or to negotiate post PGO access.
You should get an independent lawyer like divorce lawyer Edmonton. To help you out with any one of those three types of applications. But most, especially if it’s a permanent guardianship order. Something to keep in mind with CFS is that there are maximum allowable days in care. This is under section 30, three of SIIA. Basically, it lays out that depending on the child’s age. Whether they’re six and under, or over six years of age. They put a cap on days in care.
Meaning if the child reaches that maximum, in Alberta Child Welfare Laws. Child and family services are obligated by the law. To pursue permanent guardianship after that. So once kids max out days in care, child and family services are obligated by law. They have no choice, but to then go for permanent guardianship. Of course, what this new means. Is that parents need to be mindful of how many days in care their children have accumulated. Because it could have some very serious implications.
Regardless of how you got into this situation. If Child Family Services are involved. Or if you’ve been given any type of application. The best way to proceed is by consulting. Great legal representation. At the very least, they can help you understand what the responsibilities you will have. If you sign any order, or if you wish to have your day in court. Call divorce lawyer Edmonton to help with any questions about Alberta Child Welfare Laws.