Bill 72 — A Bill To Amend the Child Welfare Act (Legislature 14, Session 5)

L14 S5 1811

Alberta — Bills

• No. 72 5th Session, 14th Legislature, Alberta 11 Elizabeth II BILL 72 A Bill to amend The Child Welfare Act HON. MR. HALMRAST Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1963

Explanatory Note

Section 3, which is revised, presently reads: "3. Subject to The Public Service Act, the Lieutenant Governor in Council may appoint a Supe.rintendent of Child Welfare, a Deputy Superintendent of Child Welfare, a psychiatrist and such cMld welfwre workers or other ,off-ieers or olerks as are neces,sary for carry,ing out the provisions of this Act,",

Section 5, clauses (

d) and (

j) presently read: "5. The CommisSion shall (

d) keep careful and accurate records of foster homes app'roved by it, (j) .supervise immig-ant children as defined in this Aot and secJUre the enrolment of such children as wards of the Government, and also p,roV'ide for visits to and inspection of places, homes, shelters or institutions in whioh such children are cared for or emp'loyed,", 4. A new

section is added prohibiting the disclosure O!f informa tion of a personal nature obtained by child welfare workers.

BILL No. 72 of 1963

An Act to amend The Child Welfare Act (Assented to , 1963) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Child Welfare Act, being

chapter 39 of the Revised Statutes, is hereby amended.

Section 3 is struck out and the following

section is substituted: 3.

(1) Subject to The Public Sel'vice Act, 1962, there may be appointed a Superintendent of Child Welfare and such employees as are necessary for carrying out the pro visions of this Act.

(2) The Minister may appoint any employee a child welfare worker for the purposes of this Act.

Section 5 is amended (

a) by striking out clause (

d) and by subs.tituting the following: (

d) arrange for the keeping of careful and ac curate records of foster homes in which wards of the Government are maintained, (

b) by stdking out elause (

j) and by substituting the following: (

j) supervise immigrant children, as defined in

section 9, and provide for visits to and in spections of places, homes, shelters or institu tions in which such children are cared for or employed. 4. The following new

section is added immediately after

section 5: 6.

(1) In the public interest, any file, document or paper kept by any person in any place, (

a) that deals with the personal history or record of a child or an adult, and (

b) that has come into existence through any thing done under or pursuant to this Act,

2 s. (

a) The definition of "child welfare worker" is revised. Clause (

c) presently reads: "g. In this Paa-t, "(c) "chilld welfare workpr" means an official appointed by the Lieutenant Gove,rnor in Councilor by a muniClipa(ldty tJo calTY .on chiild welfa're Wlork in the Province, or in the municipalJity, as the case may be;". (

b) The definition of "neglected child" is revised.

Section 9, clause (i) .presently reads: "(i) "neglected child" means (

i) a cmld who is abandoned or deserted by his parenJts or only lliving parent, or who is de'SeJ'ited by one pal'\ent and whose other parent is unable to ma:intain him, (i,

i) a child whos'e parents, only liv,ing par,ent or other person in whose charge he may be, cannot, by reas.on of diseas€, mds fortune or inf,irmity, properly care for him, (ilii) a child whose home, by reason of negleClt, crueHy or depravtity on the part of his pal'\ents or other peI1son in whose ciharge he may be, is an unfiJt and improp,er place for him, (iv) a ohild found living or asSOCIiating with athLef, drunkard, vagI1ant, prostitUite or other dlissolUlte pemon not hiis parent, .or living in or frequenting a h.ouse of ill-fame, (

v) a child found begging .or receiving alms in a pub~.ic p1ace or oarrYiing on a streelt trade c.ontmry to th1:s Pal't, or lJol.tering in a public place after nine o'clock in the eVening,

2 shall not, without the written consent of the Minister, be disclosed to any person other than an employee in the Minister's Department or a solicitor acting on behalf of any of them in matters under this Act.

(2) A person appointed under

section 3, 4 or 10 shall not disclose or be compelled to disclose any information obtained by him in the course of the performance of his duties under this Act, (

a) except at a trial, hearing or proceeding under this Act, and (

b) in any other case, except upon the written consent of the Minister.

Section 9 is amended (

a) by striking out clause (

c) and by substituting the following: (c) "child welfare worker" means a person ap pointed under

section 3 or

section 10 as a child welfare worker; (

b) by striking out clause (

i) and by substituting the following: (i) "neglected child" means a child in need of pro protection and without restricting the gen erality of the foregoing includes any child who is within one or more of the following descrip tions: (

i) a child who is abandoned or deserted by his parents or who is deserted by one parent and whose other parent is unable to main tain him or who is an orphan and who is not being properly cared for; (ii) a child whose parents, or other person in whose charge he may be, cannot, by reason of disease or infirmity or misfor tune or incompetence or imprisonment or any combination thereof, care properly for him; (iii) a child whose home, by reason of neglect, cruelty or depravity on the part of his par ents, or other person in whose charge he may be, is an unfit and improper place for him; (iv) a child found living or associating with a thief, drunkard, vagrant or other dissolute person, not his parent, or living in or frequenting a house of ill-fame; (

v) a child who is found begging in any street, house or place of public resort, whether actually begging or under pretext of sell ing or offering any thing for sale or is found loitering in a public place after ten 0' clock in the evening;

3 (vi) ,J, child w~o is gI"owing up ~itbout salutory p·arental control or under mrcumsiances terudllng to make him idle or dissolute, (vii) a child who without sufficient cause habitually ahsents himself from his home, (viii) a child horn out of wedlock wbose mother is unable to ma.in ta,in him or is unfit or refuses to care for him properly, (ix) a ohild who,s-e parents neglect or refuse to provide or secure proper med.iool, surgical or remedial care or tr·ea"tment nec essary for his health or well-being, or who re·fuses to permit s-uch care or trea.tment to be suppLied to the child when ordered by competent authority. (

x) a c,hiild who is not beling properly cared for, (xi.) a child who by rea.son of iU-trea.tment, crue.lJty, continual pel"lsonal injury, grave misconduot or frequent intemperance by o~ of e-itber of his pareIlits or other person in whose charge he may he, is in danger of IQSS of life, health or mora:1ity, (xi,

i) a chiild who i-s under no p·roper guaro'ianship or who. has no parent capable of exercising and Wlilling to ex·ercise proper parental control over the child, (xUi) a chHd who is found peddling or selling newspapers or other artJioles for hire or reward on a street or public place at any time during the day or night, and wno is (

A) a female, (

B) a male under the age of twelve years, or (

C) a male twelve years of age or over and under fourteen years of age who is So peddling or sening without the wri.tten consent of hi-s parents, (xiv) a child who, b~ing under sixteen years of age, i-s habitually employed anywhere between the houl'S of nine o'clock p.m. of one day and €light o'clock a.m. of the following day, or i,s f·O'Und sleeping at ni~ht in barns or outbouses or in the open air, (xv) a child who frequents or v:is'ilts a place where any gambling deVioe LS or is believed to be operated, or a pIa.ce thrut exists, or where his pre-senc,e is permitted, in violation of law, or (xvi) a child who, being over the age of seven years and under the age of fifteen years, fails without reasonable excuse to attend a public school regularly and is not being educated otherwise in a manner equal to the standard of the public schools of the Province;".

3 (vi) a child who is misdemeanant by reason of the inadequacy of the control exercised by the person in whose charge he is, or who is being allowed to grow up without salutory parental control or under circumstances tending to make him idle or dissolute; (vii) a child who without sufficient cause ha bitually absents himself from his home; (viii) a child born out of wedlock whose mother is unfit or refuses to care for him prop erly, or is unable to maintain him; (ix) a child born out of wedlock whose mother consents to him being brought before the court for the purpose of transferring his guardianship to the Superintendent; (

x) a child whose parents neglect or refuse to provide or secure proper medical, sur gical or other remedial care or treatment necessary for his health or well .. being, or who refuse to permit such care and treat ment to be supplied to the child when ordered by competent authority; (xi) a child who is not being properly cared for; (xii) a child who by reason of ill-treatment, cruelty, continual personal injury, grave misconduct or frequent intemperance by or of either of his parents or other person in whose charge he may be, is in danger of loss of life, health or morality; (xiii) a child who is not under proper guardian ship or who has no parent (xiv) (xv) (

A) capable of exercising, or (

B) willing to exercise, or (

c) capable of exercising and willing to exercise proper parental control over the child; a child whose proper physical, mental, moral or emotional development is en dangered by ill-treatment, indifference or neglect or from grave misconduct of the parents or other person in whose charge he may be; a child, who, being under sixteen years of age, is habitually employed anywhere be tween the hours of nine o'clock p.m. of one day and eight o'clock a.m. of the follow ing day, or who is found sleeping at night in other than proper housing accommoda tion, or without proper adult supervision, or who is found wandering about at late

4 6. SectiDn 11 presently reads: "11. Oh!ild weli1are wOorker·s appointed under this Part (

a) are subjeat ,tQ the direction and superviLsdJon IOf the ClOmJl1liISision, (b) ,shall perform such dutiels as may be a.ssdgned ;t1O them, and (

c) Isha.ll .ca,rry lOut the prQVli,SliQns of any rules lOr reguilations made under this Par:t.". 7. SectiDn 12 is revised.

Section 12 presently reads: "12. A child welfare WQ'rke,r appointed under g,e,aUQn 10, Oor a clOollsta-ble, PQliceWQman, school attendance Qfficer lOr the Superintendent, or a perSiQn duly autihol'lized in writing by the Superintendent, may apprehend without warrant, and bring to. a shelter or 'Observation home pending the disp'QlsitLon of h:is case, a child that, IOn reasQnable or prQbable grQunds, he believe,s tQ be a neglected child .... 8. (

a) SectiDn 13 sets Dut the procedure for bringing a chHd before a magistrate to' determine whether he is a neglected child. Subsection (2) Df

section 13 presently reads: "

(2) The perSQn apprehending a child shall make a written report tlO the Comm,iission seltting QUIt the circumstance:s of the ca.se and the time and place fQr investiga.ting the facts, and the person ap!pT1ehemdlirng the chiJd may permit the child tQ be r:etuTned, pending tqe making of the wrdtten repoI1t and the inveSltig1a;tiQn, tQ his parents or elirtJher of them, 0.1" guardian, or other perSion in whose care the chd.ld may have been .... (

b) SubsectiDn (6) presently reads: "

(6) The ev,idence of eacJh wiltness shaH be taken under 03Jth, and ,the judge shall caus-e the same tQ be taken do'wn in wrLting and signed by the witness in the SJame manner as if the same were a pr,eliminaq inquiry be,fore a justice Qf the peace under

Part XV of the Criminal Code.". (

c) AuthDrity is given to' accept evidence by affidavit and cer tificates.

4 hours and not having any home or settled place 'Of abode, or proper guardianship; (xvi) a child WhD frequents or visits a place where any gamboling device is or is be lieved to be operated, Dr a place that exists in contravention of the law or a place where his presence is permitted in contra vention of law; (xvii) a child who, being over the age of seven years and under the age of fifteen years, fails without reasonable excuse to attend a public school regularly and is not being educated 'Otherwise in a manner equal tD the standard of the public SChDOls of the Province; (xviii) a child who is being cared for by and at the expense 'Of an institutiDn or nursery Dr a person obher ~han his parents and in cir cumstances which indicate that his pu'r ents are not performing their parental duties toward him; 6.

Section· 11 is amended by adding the following clause after clause (a): (al) shall follow or use any procedures, forms or pro cesses laid down by the Commission for the carry ing out of their duties or directions given them under this Part,

Section 12 is struck 'Out and the following

section is substituted: 12. A child welfare worker, a peace officer, the Superin tendent, and any person specifically authorized in writing by the Superintendent, may apprehend withDut a warrant and bring to a shelter or 'Observation h'Ome pending the disposition of his case, a child that on reasonable and pr'Obable grounds he believes to be a neglected child.

Section 13 is amended (

a) as to subsection (2) by adding immediately after the word "Com'mission" the words ", on a form provided by the Commission,", (

b) as to subsection (6) by adding immediately at the end thereof the words "or shall cause the evidence of all witnesses to be taken down in shorthand and transcribed" , (

c) by adding the following subsection after subseetion (7) :

5 (

d) Copies of evidence to be given to the Superintendent of Child Welfare. 9. (

a) Section 14, subsection (1) presently reads: "14.

(1) Where it appears tJo the judge that the public interest and the intel"e,st of a Clhi'ld declared by b.im to be a neglected cfuiJId may be best served thereby, ItJ1e judge may make anyone of the 1io111owing orders: (

a) Ithat the case be adjourned for not Longer than twelve months from the date of the order and that the child in the interim be returned to his parent,s or guardian or other person having actual custody of the child at the time of apprehensiJon subject to insp'ecUon and supe,rvision by the Superintendent, o.r (

b) that the child be temporarily committed to the care and custo.dy of the SupeI11ntendent for such specified period not exceed~ll1g twelve mon ths as in the circumstances of the case the judge deems necessary.". (b) Subsection (2) is amended to allow a case to be returned before a judge other than the one originally hearing the case. (

c) The new subsection (2a) is intended to make it clear that evidence previously received can be used in later proceedings in the same or other courts.

Section 14a which provides for permanent wardship orders is amended for the reasons given in the note to subclause (

c) of clause 9 of this Bill.

5 (7a) The judge may in his discretion accept evidence by affidavit and shall accept a certificate purporting to be signed by the head officer of a mental hospital or a penal institution as prima facie proof of the detention and the cause of detention of any person in the hospital or institution. (

d) by adding the following subsection after subsection (10) : (lOa) The judge shall cause a copy of any statement or transcript of evidence made pursuant to subsection (6) to be delivered to the Superintend ent.

Section 14 is amended (

a) as to subsection (1), clause (

a) by adding im mediately after the word "Superintendent" the words "or a municipal child welfare worker specifically designated under

section 11 to accept such supervision", (

b) as to subsection (2) by striking out the words "be fore the judge" where they occur in clauses (

a) and (

b) and by substituting the words "before a judge", (

c) by adding the following subsection after subsection (2) : (2a) The statements or transcript of the evidence taken at a prior hearing and any docu ments received in evidence at that hearing and the order of the committal made after that hearing are admissible in evidence in an inquiry under this

section without proof or upon such proof as the judge may require.

Section 14a is amended by adding the following sub

section after subsectJion (2b) : (2c) The statements or transcript of the evidence taken at a prior hearing and any documents received in evidence at that hearing and the order of committal made after that hearing are admissible in evidence in a hearing under this

section without proof or upon such proof as the judge may require.

6 II.

Section 14b, subsection (3) presently reads: "

(3) An order made under this

section may be enforced in the same manner a,s an orde'r ma.de wnder The Alii-mony Ordel1s Enfoo-cement Act.". The proceedings are transferred from the district court to the juvenile court. 12. A new

section authorizes recognition of wardship orders of other provinces.

Section 48 is revised for greater clarity of meaning. The

section presently reads: "48. NotwjJthstanding the proVIsIons of seotion 23, the Ueutenant GovernOil" in Council may at any time by order, either fubsolutely or upon such conditions as are deemed necessary and set forth in the order, di'schiarge a child from the care and custody of tJhe Sup'erintend'Elnrt or of any person to whom sUCih aMId has been oommwted under ti}.lis Aot.". 14. Sections 51 and 52 presently read: "51.

A parent of funy age who by instrument in writing app,roV'ed by 'the OommLssion has surrendered the custody of a ohHd to the Super iIlltendent or 1:0 any othe'r peI1SJon Ls not thereafiter entiiltled, conrtmry to the terms of the instrument, to the cUJstody ,of or CIOIlIWO'I or aurt:Jhority OVer any right to· i'nterfere with the chi1d.

Section 14b is amended by striking out subsection (3) and by substituting the following:

(3) For the purp'Ose of enforcing an order made under this section, a judge of the juvenile court, on the application of the Superintendent 'Or a person acting on his behalf, may issue a summ'Ons to any person against whom the order was made, and subsections (2) and (3) of seetion 3 and of sec tions 4 to 14 of The Alimony Orders Enforcement Act apply mutatis mutandis, to the proceedings. 12. The following new

section is added immediately after

section 42: 43.

(1) Where, by an order of a court in any other prov ince or territ'Ory of Canada or in any state or country, full parental rights and resP'Onsibilities in respect of a child have been absolutely and for all purposes legally vested in any person, organization, province or legal representative thereof, other than a parent of the child, the 'Order has the same force and effect in Alberta as if it had been made under this A'ct.

(2) Any statement, consent or declaration made by any one in whom parental rights and responsibilities have been vested as :mentioned in subsection (1) have the same force and effect as it would have had if made by the parent 'Or parents of the child.

Section 48 is struck out and the following

section is substituted: 48. Where, pursuant to this Act, a child ha.s been com mitted to the care and custody of the Superintendent or any other person, the Lieutenant Governor in Council may (

a) lat any time before an 'Order of adoption in respect of that ~hild is made, and (

b) either absolutely or upon sueh conditions as are set forth in his order, discharge the child fr'Om the care and custody of the Super intendent or other person. 14. Sections 51 and 52 are struck out and the following sections are substituted: 51.

(1) Where a parent, by instrument in writing approved by the Commission, surrenders custody of a child to the Superintendent for the purposes of adoption, the parent is not thereafter entitled, contrary to the terms of the instrument, to the custody of or the control or authority over or any right to interfere with the child.

'I 52. (1'\ Except upen thA erderef a district court judge, no parent shaU surrender the custody .of h:is child and no person shaiN aCICerpt the custody ef that child with.out having first obtained the approval in wrilting .of the Commi,ssion, and a surrender withOout such approval is null and void.

(2) A parent or person who contravenes this

section is guHty 0If an offence and liable on

summary conviction toO a fine .of not less than twenty doUarl'l and not mOore than two hundred dJOIl'lam, and in default of payment to a term of imprisenment .of not more than thre·e months.". 15. Sect:ion 67, subseetion (1) reads: "67.

(1) No owner or publisher of a newspaper Dr magazine published in Alberta shaH accept for publication er shall publish an advertisement dealing with the adoption of a child.". 16. "Child" is defined for the purposes of

Part II dealing with the adoption of children. I

Section 76 requires that consent to an adoption be given by the child's guardian. The proposed new subsections will auth orize the use of consents given in other provinces.

(2) Where a parent, by instrument in writing approved by the Commission, surrenders custody of a child to a person other than the Superintendent for the purposes of adoption, the parent, notwithstanding that he may be a legal guardian of the child, is not thereafter enti,tled, contrary to the terms of the instrument, to the custody of or the control or authority over or any right to interfere with the child.

(3) A surrender of custody of a child given by a parent who is under twenty-one years of age is as valid and binding as if the parent had attained the age of twenty-one.

(4) An instrument mentioned in subsection (2) ceases to have any effect if the person who obtained the custody of the child is refused an order of adoption. 52.

(1) A person who surrenders the custody of a child to another person for the purposes of adoption shall notify the Commission of the surrender of custody.

(2) A person who receives the custody of a child from another person for the purposes of adoption shall notify the Commission of the receipt of cusltody.

(3) A person who contravenes this

section is guilty of an offence and liable on summ'ary conviction to a fine of not more than two hundred dollars and in default of payment to imprisonment for a term not exceeding ninety days.

Section 67 is amended by adding the following sub

section after subsection (2) : (3) Subsection (1) does not apply to the publication of a notice pursuant to an order of a judge.

Section 72 is amended by adding the following clause after clause (a) : (a1) "child" means an unmarried boy or girl under twenty-one years of age;

Section 76 is amended by adding the following sub sections after subsection (3) :

(4) A consent to an adoption executed in any province or territory in Canada in a form prescribed for consents in that province or territory is as good and sufficient as if it had been executed in the form prescribed under this Act.

(5) A 00nsent sworn outside Alberta before a commis siloner for oaths is a,s good and suff.icient as if it had been sworn before a notary public.

Section 90 is revised. The secHon presenltly reads: "90.

(1) The orde'r o.f adJoption together with the material used o.,n the petJiJtio.n shall be filed in the off,ice of the c'le1rk, and the clerk shall forward a copy of the order cel'tified by the judge to the Deputy Reglis1tmr-Generral of V'i'tal StatiJstics, who shall recolrd the ,same and make the changes in his re,cords require,d by toe order of adoption.

(2) The ol'detl' of adoption, the petLtion, the mllJternal filed and the reco.rded pl'o,ce.edings in relatit()n the,reto sha'l'l not be made pubLic or disclosed to. any person save upon the order of a judge.

(3) The order of adoption, the petition, the mrutel'iJal med and the record of pl'ooeedings in relation thereto shaill be kept by the clerk in a sealed packet and all pape1rs in the custody of the COIIIlmiSlSli!01ll reilJating to the adopted child shall be kept by the CommislsiJon in a sealed packet, and ne<i!tJher packet sl;lall be opened save upon 1Jhe orderr of a judge.

(4) Notw~thstanding anything to the contrary in The ViiJtal Startistlics Act, orders o.f adoption and original birth registration of all'l adopted children 'SIhaU be kept by the Deputy Registl1ar-Gener~ o.f Vi1JaJ Sta.tis,tics in a spe1cdal regi,ster and ThO. pe,r:slOn ilSenrtitled to have t'he SIP'Elcdal regiSltelI" or an entry therein searohed or to obta'in a certifie,d eXJtmct therefrom save upon the order of a judge.

(5) Notwi l1lhistanding subs'ect.ion (4), the Deputy RegtiSltmr-General may refer to the s.pecial register fo.r the purpose o.f pl'eparing a birth certif!tcate requelsted by an adopted chilld o.r either of the adopters, whiClh bi.rth certif<icalte shall be in the name gtiv'en to the said adOpted child by the order of adoption.

(6) Notw'Hhsitanding subsi8clt10n (4), the Deputy Registrar of Vdlt'al Statistics shall, upon the reque!st of an issuer, clergyman or marriage commissiJo.Iler, wiJthin the mea.ning of The Solemnizartion of Miarrdage Act, refer to the special register for the purpose of determining, when one of the partie,s to proposed marriage is an adJoprted child, wl}ether the pa,1"1:,ies are wilth'in the fO'l'bidden degre&s of consanguindty.". The duties and respons:ibilities of the Director of Vital Statistics are more fully set out in

section 10 OIf The Vital Statistics Act, 195'9.

Section 98, subsection (4) presently reads: "

(4) Whel'e any pnoceedJings are instituted under thdts PaTlt by a person. OI~her than the Superi.ntendent 0.1' a p'erson aufuorlzed by the CommlSISI}lOn, the p·erson illlslH'turting the p'roceedJings shia1:1 give notice thereo.f to the Go.mmiission, and the Superintendent or a pemon aultho'r ized by the Commi!s'sLon h8!s the right in such proceedJings to appear and in:te,rvene and be heaJI'd in person or by counsel .... This Part of the Aat deals with children of unmarried parents. Sec tion 3 provide's for the appointment of child welfare workers.

Section 90 is struck 'Out and the following

section is substituted: 90.

(1) Except as authQrized by this section, (a) 'an order of adoption, the petition, the material filed and the recQrd 'Of proceedings in relatiQn thereto, (

b) the file of the CQmmission in relation to an adoptiQn, or a microfilm thereof, and any information CQn tained therein, and (

c) the special register maintained by the Director of Vital Statistics pursuant to The Vital Statistics Act, 1959 and any entry or information contained there in, shall nQt be made public or disclosed to any perSQn save upon the order 'Of a judge or of the Minister.

(2) The order of adoprtJion and the material used on the petition, shall be filed with the clerk 'Of the CQurt who shall place them, together with the petition and the record of proceedings, in a sealed packet which shall not be opened save upon the order of a judge.

(3) The clerk shall transmit a certified copy of every 'Order of adoption to the Director of Vital Statistics who shall keep it in the s'pecial register.

(4) The Director 'Of Vital Statistics may refer to the special register (

a) for the purpose of preparing a birth certificate re quested by an adopted child or either of the adoptem, and (

b) upon the request of an issuer, clergyman or mar riage commiss1ioner, within the meaning of The Solemnization of lJJarriage Act, for the purpose of determining, when one of the parties to a proposed m:arriage is an adopted child, whether the parties are within the forb~dden degrees of cons'anguinity.

(5) The Commission shall arrange for the micI'iofilming of its adopti'On files and for the safekeeping of the micro film.

Section 98, subsection (4) is amended by adding im medi~te!ly after the words "CDmmis:s1ion, and the Superin tendent" the words and figure "'Or a child welfare worker appointed under

section 3".

Section 99 presently reads: "99. No affiliation order shall be made upon a complaint under t~is Part unless the complaint is made within the Ufetime of the putatIve father and (

a) within the twelve months next after the birth of the child, (

b) within the twe,lve months next after the doing of

an act, on the part of the putative father, that could reas'onably be regarded as an acknowledgment of paternity, or (

c) within twelve months after the return to the Province of the putative father wbere he was absent from the Pro'Vinoe .3Jt the expiration of the period of twelve months from the bIrth of the child.". The

section is amended to make it consistent with preceding sec tions which authorize the lodging of the complaint before the child is born. The present wording of claus'e (

a) suggests that it cannot be lodged until after the child is born. 2 I.

Section 104 presently reads: "104.

(1) Where an affilia"tioOn order has been made under this Part, then upon the app1ication from time to time of the Sup.eriIlltendent, or a persoOn app,ointed by the Commission, or either parent of{ the cb1ld, or the child, or a person entitled to make a compi~int in respect of the child under this Part, and upon proof (

a) tha,t there has been a substantial alteration in respect of (

i) the means of either parent, (ii) the needs oOf the child, or (iii) the cost of living since the makLng of the affiliation order or the latest subsequent order varying it, or (

b) that the declared fathe·r is, owing to' the terms Df the order, unable to' provide the proper suhsistence for his wife and legiti mate ohildren, if any, and foOr the educatioOn of the latter, a judge may vary the originail or suhsequent order SIO made.

(2) An order under this Part for the p,ayment of mlOney for the ma.intenance and education of a child terminates (

a) on the death or adoptioOn of the child, or (b) ,s'Ubject to subsectJioOn (3), on the marriage. of the mQlther whM"e Ishe re'talins the child in her cUis,t1ody.

(3) Bef,Qre an order terminate,s under clause (

b) of subsection (2), the Superintendent may apply to a judge for the continuation of the order after the marriage of the motheT, and the judge, if he conside,rs it to be in the best interests of the child, may soo order.".

Section 110, subsection (3) presently reads: "(3'. ,!,h~ CommissiDn s~alI ensure that the moneys collected under ~n afflhabDn order are paId out and applied for the purposes specified m the order and where moneys for the maintenance and education of a child are colleoted in other than equal monthly sum,s shall cause the ~oneys to' be paid out in such mDnthly sums as th~ Commiss'ion cDnslders reasonable.".

Section 112, subsection (3) presently reads: "(?\ After the death Df the declared father no 3JctioOn or other pro ceedmg shaN be takpu on the a,ffHtiation order wi,tnoOut the leave of a judge, and the judge, before granting leave, shall direct that notice be given to' the widoOw and legitimate children Df the declared father.".

Section 99 is amended by striking out clause (

a) and by substituting the foll'Owing: (

a) not later than twelve months after the birth of the child, or

Section 104 is amended (

a) as to subsection (2), clause (

b) by striking out the words and figure "subject to subsection (3) ,", (

b) by striking out subsection (3) and by substituting the foll'Owing:

(3) An applicration may be made to a judge, (

a) before the m:arriage of the mother, for the con tinuation of the order after the marriage, or (

b) after the marriage of the mother, for the rein- statement of the order, and notwithstanding subsection (2), the judge, if he considers it to be in the best interests of the child, may so order.

(4) An application under subsection (3) may be made by any of the persons mentioned in subsec tion (1). (5) Subsection (2) d'Oes not apply t'O an order made under subsection (7) of

section 101.

Section 110 is amended by striking out subsection (3) and by substituting the following:

(3) The Commission shall ensure that the moneys col lected under an affilia'tion order are paid out and applied for the purposes specified in the order, but (

a) the Commission may cause any such moneys to be paid out in such amounts and at such times as the Oommiis,s.ion cons~ders reasonable, and (

b) where any public funds have be€n or are b~ing spent on any of the expenses mentioned in subsection (1) 'Of

section 101, the Commission may pay into the General Revenue Fund a like amount collected under the affiliation order.

Section 112, subsection (3) is amended by adding immediately at the end thereof the words "except those children who are under the care of and living with the widow".

10 24. (

a) Section 114, subsection (1) presently reads: "114.

(1) Where a pUltat1ve father admits the pruterIliLty or possible paternity of a child and makes an acceptable offer to. pay all Dr any of the payments mentioned in subseCition (1) of

section 101, he may enter moo an agreement the~efor (

a) wLth the Superintendenrt, or (

b) wUh the Sup,erintendent and the mother of the child.". (b) Subsection (2) presently reads: "

(2) T,he agreement shall oontain an admis:siDn Df paternity or possible paternity and has the same force and effect as if its terms we,re contained in an affiliatiJOn order and the agreement may be enforced Dr varied in the same way as a,n af:t1iliation order .... 25. Commencement of Act.

Section 114 is amended (

a) as to subsection (1) by adding immediately after the words "'Offer to pay" the words "to the Commis sion", (

b) as to subsection (2) by adding immediately at the end thereof the words and figures "and

section 104 applies to the agreement as if it were an order". 25. This Act comes into force on the day upon which it is assented to.

No. 72 FIFTH SESSION FOURTEENTH LEGISLATURE 11 ELIZABETH II 1963 BILL

An Act to amend The Child Welfare Act Received and read the First time ............................... . Second time Third Time ..................... . HON. MR. HALMRAST Title: 1963 (14th, 5th) Bill 72,

An Act to amend The Child Welfare Act

Document details

Collection	Alberta — Bills
Citation	L14 S5 1811
Type	bill
Volume / chapter	L14 S5 1811
Language	en
Format	json
Source	PROVINCIAL
Identifier	2f69fe32e1216a8adebe6bd60aa82616a51dfb0e

Source file is stored in the law ingest library (json).