After the Director of Children’s Services has been granted Initial Custody over a child who has been apprehended, they must then determine how to proceed. In some cases, the child may be returned to the home following a period of review by the Director and their staff. If the Director is not satisfied that the parents or guardians can provide a safe and nurturing environment for the child during this period, they may apply for a further order from the court seeking ongoing custody or supervision over the child.
As opposed to a Temporary or Permanent Guardianship Order, the least intrusive order that the Director may seek from the court is a Supervision Order. The Director may determine that the child in need of intervention may be safe with their guardian or guardians while support services are put in place. If so, the Director will apply for a Supervision Order pursuant to Section 28 of the Child, Youth and Family Enhancement Act.
The Supervision Order application is usually heard in Docket Court. The court may make a Supervision Order for up to 6 months if it agrees that:
If the court does not agree with the Director’s position that a Supervision Order is appropriate, they may ask for more evidence and a hearing will be set to decide that issue.
Supervision Orders must include a provision that allows the Director to supervise the child in their home, as well as further reasonable terms in respect of:
Breaching a Supervision Order carries significant consequences for your family. If you do not comply with each and every term of the Supervision Order, the court has authority under Section 29 to make a Temporary Guardianship Order or a Permanent Guardianship Order.
As with the Initial Custody Hearing, a parent or guardian has the right to oppose a Director’s request for a Supervision Order. At Mincher Koeman, our family lawyers are exceedingly experienced in all matters relating to child protection in Alberta and can advise and represent clients at every stage of the process. If you would like to oppose a Director’s application for a Supervision Order with respect to your child, please contact our office to discuss your options by calling us at 403-910-3000 or by contacting us online.
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