Bill 80 (Legislature 11, Session 5)

L11 S5 6877

Alberta — Bills

Bill No. 80 of 1952. A BILL rro PROVIDE FOR THE CONSTITUTION AND ESTABLISHMENT OF THE JUVENILE COURT. NOTE. This Bill enacts a new Act to be known as "The Juvenile Court Act, 1952". The administ~ation of matters relating to juvenile delinquency is being transferred from the Department of Public W·elfare tOI the Department of the Attorney G~meral. The provisions formerly contained in

Part II of The Child Welfare Act are being repealed and re-enacted in this Acrt with such variationS' or amendments as are considered necessary. The Juvenile Offenders Act is also being re pealed. Provision is made for the appointment of a superinten dent O'f juvenile offenders, a chief probation officer and other probation 'Officers and employees to' assist him. Supreme and District Court Judges and police magistrates are ex officio judges of the Juvenile Court but are not re quired to act in that capacity unles.s willing to do so.

The Lieutenant Governor in Council may appoint judges of the Juvenile Court who hold office during pleasure. The At torney General may also appoint any justice of the peace as a Juvenile Court judge for the trial of any specific case. A probation officer may act as clerk of the Juvenile Court. A municipality that desires to pay for the services of a clerk of the court may appoint one with the approval of the superintendent. The duties of the clerk are set out in the Act. In the event that there is no clerk available the duties of the clerk are to be performed by the Juvenile Court judge.

In addition to the probation officers appointed by the Province each city and town is required to appoint such probation officers as it requires. The Lieutenant Governor in Council may also appoint voluntary probation officers without remuneration where such persons ~onsent to act. Similarly, a judge of the Juvenile Court may appoint volun tary probation officers without remuneration where such persons consent to the appointment either to deal with a specific case or for a temporary period not in excess of six months. The duties and powers of the probation officers are set out in the Act.

Each municipality is required to provide a detention home satisfactory to the Attorney General. The Attorney Gen-

ii eral may declare certain orphans' homes, children's homes, temporary homes or shelters to be detention homes for the purposes of this Act and of The Juvenile Delinquents Act, 1929 (Canada). A child who is apprehended and placed in a detention home is required to be charged and brought before a judge as soon as practicable after his apprehension. The Act pro vides that a juvenile delinquent shall not be kept in the same place where a neglected child is staying. All foster homes where a juvenile delinquent may be placed must be approved by-the Attorney General.

The financial liability of municipalities is not materially changed from the present provisions. The municipality of which a child is a resident is responsible for the expenses, nlaintenan,ce and support of the child. The Juvenile Court judge, after notice to the municipality, determines what muniCipality is responsible for the chilo. Any municipality that makes a payment in respect of a child for which some other municipalIty is liable may recover the amount so paid from the other municipality as though it were a debt.

Any municipality which pays for the expenses of a child unaer this Act may recover the amount paid from the par ents of the child by action or by distraint and it also has-a charge on any of their lands. The expenses incurred by the Department of the Attorney General In respect of any child are recoverable from the municipality to which the child belongs.

Where a juvenile delinquent is committed to the care or custody of a probation officer, a foster home, a children's aid society, an industrial school or the superintendent, the superintendent exercises all the rights of the legal guardian of the child during the period of the commitment. J. W. RYAN" Acting Legislative Counsel. . (This note does not form any part of the Bill but isofjel'ed tn explanation of its provisions.)

BILL No. 80 of 1952.

An Act to Provide for the Constitution and Establishment of the Juvenile Court. (Assented to , 1952.) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

Short Title. 1. This Act may be cited as "The Juvenile Court Act,

Short title 1952".

Interpretation. 2.

In this Act, unless the context otherwise requires,- ~r:~rpreta (a) "Child Welfare Commission" means the Child Wel- "Child Wel fare Commission appointed under The Child Wel- ;:1~~I;~:f fare Act; (b) "court" means the Juvenile Court; "court" (c) "judge" means a judge of the Juvenile Court; "judge" (d) "juvenile delinquent" means a juvenile delinquent ~j~~enile t" as defined in The Juvenile Delinquents Act, 1929. e nquen (e) (f) (g) (h) (Canada); Hmunicipality" n1eans a city, town, village, county, :'n~,~nicipal municipal district, improvement district or special Jty area; "neglected child" means a neglected child as defined ~h~~~~cted in The Child Welfare Act; "peace officer" includes a sheriff sheriff's officer "p~ace , , offIcer" justice of the peace, a superintendent Or other em- ployee of a correctional institution, a police officer, police constable, constable, bailiff or other person employed for the preservation and maintenance of public peace or for the service or execution of civil process; "probation officer" means a probation officer ap- "probation officer" pointed under this Act; (i) "superintendent" means the superintendent of :'super-. mtendellt" juvenile offenders appointed under thIS Act.

Administration. Attorney 3.

(1) The Attorney General shall have charge of the General to administer administration of this Act. Act

Lieutenant Governor in Council may appoint personnel Creation of Juvenile Court Juvenile Court has powers vested therein under Juvenile Delinquents Act, 1929 (Canada) Application of Juvenile Delinquents Aot,1929 (Canada) Ex officio judges of Juvenile Court Absence or illness of judge 2

(2) Subject to the provisions of The Public Ser1!ice Act, 1947, the Lieutenant Governor in Council may apPOlnt,- (

a) a superintendent of juvenile offenders; (

b) a chief probation officer; (

c) one or more probation officers; and (

d) such other officers and employees as may be re quired; who shall perform such duties as may be assigned to them by the Attorney General and by this Act.

(3) The superintendent shall be the "superintenden~" within the meaning of and for the purposes of The Ju,ventle Delinquents Act, 1929 (Canada). ,....,..... Juvenile Court. 4. There shall be a juvenile court for the Province and such court shall be styled "The Juvenile Court of the Pro vince of Alberta". 5. The 'J uvenile Court shall be a juvenile court within the meaning of and for the purposes of The Juvenile De linouents Act, 1929 (Canada), and shall have all the powerR vested in a juvenile court under that Act. 6.

If and insofar as any provision of The Juvenile De linauents Act. 1929 (Canada) is within the legislative authority of the Province and ou.tside that of the Dominion of Canada, that provision shaH have the force of law in the Province until it is repealed bv the Dominion Parliament, or until this Act is repealed by the Legislature of the Province, whichever first happens. Judges. 7.

(1) Each judge of the Supreme Court of the Province. each judge 'Of 'a District Court in the Province and each police magistrate in the.Province is ex officio a judge of tbe Juvenile Court, but is not required to act in such capacity unless willing to do so.

(2) The Lieutenant Governor in Council may appoint any pepson as a judge of the Juvenile Court and a person so appointed shall hold office during pleasure.

(3) Any justice of the peace, on the written reauest of the Attorney General, may act as a Juvenile Court judge for the trial of a case specified in the request and while so acting shall have all the powers of a judge of the Juvenile Court.

(4) In the case of the absence or illness of a judge, (

a) any other judge may act in his stead; or

8 (

b) the AttQrney General may apPQint any perSQn to. act as a judge Qf the Juvenile CQurt instead Qf the judge during his absence Qr illness. Clerks. 8.

(1) A prQbatiQn Qfficer may act as a clerk Qf the cQurt. Probation officer may

(2) A municipality agreeing to. pay f.or the services,Qf a act as clerk clerk may apPQint Qne with the apprQval Qf the superintend- ent. 9. The clerk .of the CQurt shall,- Dutles of (

a) see that all cases to. be heard befQre the CQurt at clerk which he attends are prQperly prepared; (

b) have befQre the cQurt all papers and dQcuments in such cases; (

c) arrange fQr the sittings Qf the cQurt; and (

d) preserve Qrder during the sittings. 10.

(1) In the case .of juvenile delinquent children the D~linquent clerk shall keep proper rec.ords, the form Qf which shall be children apprQved by the sup.erintendent, cQntaining full particulars .of the cases dealt with by the c.ourt, including the disposition .or .order made in each case, the parentage, nationality and religion of each juvenile d~linquent child, and such Qther information as may be required by the superintendent.

(2) The clerk shall fQrward to. the superintendent any in formatiQn required by him re,lating to juvenile delinquent children at such times and on such f.orms as the superintend ent may require. 11. In the case Qf neglected .children the clerk shall pre- Neglected pare and keep such repQrts and infQrmatiQn as may be re- children quired by the Child Welfare CQmmissiQn, and shall fQrward the same at· such times and Qn such fQrms as the Child Wel- fare CQmmissiQn may require. 12.

In the event that there is no clerk in attendance the N~n-l3.ttend- judge shall perform the duties Qf the clerk. ance of clerk Probation Officers. 13. Each city and tQwn shall apPQint Qne .or mQre per- Au>wint~ent SQns to. be prQbatiQn Qfficers fQr juvenile delinquents within .1fr:e~~tlOn the city Qr tQwn and nQtice Qf each apPQintment shall be given fQrthwith to. the superintendent. 14.

(1) With the CQnsent Qf the perSQn to. be apPQinted Volunt.ary . . C'1 . t th t probatlOn the Lleutenant·GQvernQr In QUnCI mayappOln a persQn offIcer as a voluntary probation offic·er with .out remuneration and may revoke the apPQintment at any time;

Probation officer to act under direction of judge Powers of probation officer 4

(2) With the consent of the person to be appointed a judge of the ,court may appoint that person as a voluntary probation officer without remuneration to deal with the case of a particular child and may revoke the appointment at any time.

(3) Subject to the approval of the superintendent and with the consent of the p€rson to be appointed, a judge of the court may appoint that person as a voluntary probation officer without remuneration for a time to be designated in the appointment not in excess of six months.

(4) Each voluntary probation officer shall act without remuneration unless remuneration is provided by municipal authority or otherwise. 15. Each probation officer shall be under the direction of the judge and shall perform sU,ch duties as are assigned to him by the judge. 16. A probation officer has all the powers of a peace officer while acting in the discharge of his duties. p0'be~~ of 17. A probation officer has all the powers of an attend ~~~C~I" ~~der ance officer under the provisions of The School Act, 1952.

The School Aot,195M Detention home Attorney General may declare iPlac~ detention home Detention and Foster Homes. 18. Each municipality shall provide a detention home satisfactory to the Attorney General. 19. The Attorney General may declare,- (

a) an orphans' or children's home where the consent of the trustees or governing body thereof has been obtained; (

b) a temporary home or shelter under The Child Wel fare Act; (

c) any other place, house, home or institution; to be a detention home. ~~~~t~~~ject 20.

(1) A detention home satisfactory to the Attorney to pl'ovisions General or declared to be a detention home by the Attorney Jfe~~~~:'e~~~s General shall be a detention home within the meaning of Act, 1929 Th~ Juvenile Delinq'uents Act, 1929 (Canada), and is sub(Canada) ject to the provisions of that Act. Regulations re deten tion homes Arrest of juvenile dE'linquent

(2) The Lieutenant Governor in Council may make regulations for the government and management of deten tion homes in so far as they are used for that purpose. 21. A child who is arrested as a juvenile d'elinquent and placed in a detention home shall be charged and brought be fore a judge as soon as practicable after his apprehension.

5 22. Unless otherwise ordered by a judge no child Period of h d Oth b 0 " '1 d 1 0 t hI' Co detention C arge WI elng a Juvenl e e Inquen s a I be kept In a detention home pending a hearing for a period longer than four days after the date of apprehensi'On of the child. 23. No child charged with being a juvenile delinquent _ Juvenile d". ' delinquent (

a) pen lng a hearIng; or not to be (

b) ft ". kept with ,a er conVICtIOn; or neglected () h 'l 't' t f ft .. child C W I e awal Ing rans er a er convICtIon; shall be placed or kept in any place with 'a neglected child unless the consent of the Attorney General has first been obtained. 24. A judge shall not order a juvenile delinquent to be Juvenile placed in a foster home which has not been approved by the ~~~1~2~~nt A ttorney General. placed in unapproved fostt'r home Juvenile Court Committee. 25.

In a municipality where there is no Juvenile Court Superin Committee as provided for under The Juvenile Delinquents !~~~f::: may Act, 1929 (Canada) the superintendent, with the approval ~uve~ile of the Attorney General, may appoint a committee of citi- C~~mittee zens which shall act as the Juvenile Court Committee for that municipality. Court Facilities. 26. A municipality shall provide, at its own expense, a Courtroom suitable court room and offices for the use of the judge, clerk, probation officers and other officers of the court. Financial Liability of Municipalities. 27.

(1) A juvenile delinquent child shall be deemed to Determining be a resident of the municipality in which the child's parent resIdence who is legally responsible for the child's maintenance or the child's legal guardian has then had his home or resided for twelve consecutive months 'Out of the twenty-four con- secutive m'Onths immediately preceding the l'aying of the charge of delinquency. -

(2) Where the parent or legal guardian has not resided in a municipalilty for twelve consecutive months 'Out of the twenty-£our consecutive months immediately preceding the laying of the charge 'Of juvenile delinquency, the parent or legal guardian shaH be deemed to be a transient person.

(3) In the absence of evidence to the contrary, a juvenile delinquent shall be presumed to be a resident of the mun icipaHty in which the offence occurred.

(4) Where a juvenile delinquent is a child,- (

a) of a woman in receipt 'Of an allowance under The Mothers' Allowance Act; or

Notice of arrest to be sel"V'ed on municipality Duties of judge at hearing Municipality not represented 6 (

b) of a parent or legal guardian in receipt of indigent relief under the provisions of The Town and Village Act, 1952, The Municipal District Act or The Im provement Districts Act, 1947; notwithstanding any other provision of this section, the child shaH be deemed to reside in the municipality liable for payment .of any part of the allowance under The Mothers' Allowance Act, Dr of any relief under The Town and Village Act, 1952, The Municipal District Act Dr The Improvement Districts Act, 1947. 28.

(1) Where a child is charged under The Juvenile Delinquents Act, 1929 (Canada), a judge shall serve or cause fo be served upon the municipality of which the child is deemed to be a resident a notice stating the date on which the charge will be heard and advising that on the date men tioned in the notice an order may be made against the municipality for the expenses, maintenance and support of the child, including expenses incurred for transportation, necessary .clothing and medical and hospital treatment, frDm the date of apprehension of the child and for so long as the child remains in the care or custDdy of a ·children's aid society or of the superintendent, or in an institution or foster home approved by the Attorney General.

(2) Service of the n.otice directed to be given to a· munic ipality may be effected either personally or by double registered mail. 29.

(1) Where a child is adjudged to be a juvenile de linquent under The Juvenile Delinquents Act, 1929 (Canada) the judge shall,- (

a) proceed to deal with the matter with all possible . expeditiDn on the date mentioned in the notice; (

b) hear such evidence as may be adduced if the muni cipality disclaims financial liability for the child; and (

c) make an order against the municipality if it appears that the child is a resident .of the municipality.

(2) If the municipality served with the notice claims that the child is a resident of another municipality, the judge, upon hearing the evidence adduced by the disclaim ing municipality, may adjDurn the hearing to enable the municipalities c.oncerned to be heard and in such case shall serve or cause to be served a n.otice upDn that other mun icil'ality.

(3) If a municipality is not represented at the hearing, ~pon pr~of .of the service .of the n.otice upon su~h municipal Ity, the Judge may make an order against the municipality Dr may adj Durn the hearing .on such terms as to costs or otherwise as he deems advisable. Recovery of . _ 30. A municipality which has made a payment under expenses from other the prDvisiDns .of this Act for the expenses,maintenance or municipality SUPPDrt of a child in respect .of whDm some .other municipal-

7 ity is liable may recover the amount so paid from the other municipality as though it were a debt due from that m unici pality 0 31.

(1) A municipality which has made a payment Recovery of d th 0 0 f th 0 A f h 0 expenses un er e prOVISIOns 0 IS ct or t e expenses, maInten- from parent ance or support of a child may recover the amount so paid from the parent or parents of the ,child by action or by distraint upon any of the goods of the parent or parents, or either of them, within the Provinceo

(2) The municipality shall have a charge upon the lands Exp~n~eslditue b oo mumClpa y owned y the parent or parents or eIther of them sItuate charge upon within the Province for the expenses, maintenance or sup- land port ordered to be paid by the municipality under this Acto 32. Where the Department of the Attorney General ~:i~~;es makes a payment for the expenses, maintenance or support Attorner f h Old f hO h 0 0 lOt 0 1 0 bl d d General s o a c 1 or w IC a munIcIpa 1 y IS Ia e un er an or er Department made by a judge under

section 29, the same shall be deemed to be a debt due to the Crown and shall be payable to the Attorney General who shall forward all sums so received to the Provincial T'reasurero 33.

(1) In case of default of payment to the Attorney ~::~~~tf General the order may be filed in the office of the clerk of the Supreme Court of the judicial district or sub-judicial district in which the municipality or the greater part thereof if! situate 0

(2) Upon such filing with proof by affidavit of the default If~:o~~~t in and of the amount owing, judgment shall be entered in Crown favour of the Crown as represented by the Attorney Gen- eral against the municipality, and thereupon it shall be and have the same force as a judgment of the Supreme Courto General. 34.

(1) Where a child is adjudged to be a juvenile de- !'~~~f~_Of linquent and the judge commits the child to the care or tendent . d f when child custo y 0 ,- committed (

a) a probation officer or other suitable person; (

b) a suitable family home as a foster horne; (

c) a children's aid society or the superintendent; (

d) an industrial school; the superintendent shall exer'cise during the period of the commitment all the rights of the legal guardian of the child except in respect of proceedings for adoption of the child under The Child Welfare Act.

(2) Where a JOudge commits a juvenile delinquent to the ~elea~le of • 0 h SOt d t Juvenl e care or custody of the SuperIntendent, t . e uperln .en en , delinquent at any time, may direct the release of the JuvenIle delInquent from his care or custody, either aboslutely or on such con- ditions as he may think fit.

Reports confidential Offence to disclose con tents of report Regulations Assistance by peace officer Validity of previous orders Coming into force 8 35. No person shall disclose or make public the contents of a report relating to a juvenile delinquent or any portion thereof without the consent of the Attorney General and a person contravening the provisions of this

section shall be guilty of an offence and liable on

summary conviction to a penalty not exceeding one hundred dollars and costs and in default of payment to a term of imprisonment not exceeding three months. 36. The Lieutenant Governor in Council may make such regulations as he deems necessary or advisable for the carry ing out of the provisions of this Act according to their true intent. 37. A peace officer, if requested to do so, shall serve a process issued out of the court or an order made by a judge of the court, and shall assist any officer of the court in carry ing out the provisions of this Act and The Juvenile De linquents Act, 1929 (Canada). 38.

Each order for support heretofore made under The Juvenile Delinquents Act, 1929 (Canada) or any other Act previously in force respecting juvenile delinquents shall be as valid and have the same force and effect as if the same had been made in accordance with the provisions of this Act. 39. This Act shall come into force on the day upon which it is assented to.

No. 80 FIFTH SESSION ELEVENTH LEGISLATURE 1 Elizabeth II 1952 BILL

An Act to Provide for the Constitution and Establishment of the Juvenile Court. Received and read the First time Second time..... . ............................ . Third time ......................................... . HON. MR. MAYNARD. Title: 1952 (11th, 5th) Bill 80,

An Act to Provide for the Constitution and Establishment of the Juvenile Court

Document details

Collection	Alberta — Bills
Citation	L11 S5 6877
Type	bill
Volume / chapter	L11 S5 6877
Language	en
Format	json
Source	PROVINCIAL
Identifier	4312d9fd9ba339a30dca786f3878892ce2c7b302

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