Alberta Regulation 37/2002

Child Welfare Act

ADOPTION REGULATION

Filed: March 20, 2002

Made by the Minister of Children's Services (M.O. 42/02) on March 14, 2002

pursuant to

section 131(2) of the Child Welfare Act.

Table of Contents

Definitions 1

Interpretation of the Act 2

Part 1

Licensed Adoption Agencies

Definitions 3

Application for licence to operate agency 4

Fees 5

Inspection 6

Licence to be displayed 7

Application for adoption placement 8

Acceptance or refusal of application for adoption placement 9

Home assessment report 10

Decision of agency 11

Appeal from decision of agency 12

Consents and counselling 13

Placement of a child for adoption 14

Post-placement assessment 15

Prohibition 16

Termination of adoption placement 17

Direct Placement Adoption

Direct placement 18

General

Post-placement counselling services 19

Additional information 20

Transfer of documents 21

Duties of agency 22

Program director 23

Fees and expenses 24

Trust account 25

Advertising 26

Part 2

Authorization for Adoption

Placement by Intermediary

Application for authorization 27

Decision of Minister 28

Relevant considerations 29

Notice of decision 30

Part 3

Licensed Search Agencies

Definitions 31

Application for search agency licence 32

Fee 33

Inspection 34

Licence to be available for inspection 35

Application for an adoption search 36

Release of identifying adoption information 37

Duty of agency to ensure confidentiality 38

Location of a family member by an agency 39

Transfer of information to a director 40

Duty to provide statements and reports 41

Designation of program director 42

Fees payable by applicants and family members 43

Money to be held in a trust account 44

Advertising 45

Financial assistance 46

Part 4

Post-Adoption Support

Definitions 47

Post-adoption support agreement 48

Rate of support 49

Review of a post-adoption support agreement 50

Appeal 51

Part 5

Repeals, Expiry and Coming into Force

Repeal 52

Expiry 53

Coming into force 54

Forms

Definitions

1 In this Regulation,

(a) "Act" means the Child Welfare Act;

(b) "Appeal Panel" means an Appeal Panel established under

section

118 of the Act;

(c) "director" means a person designated by the Minister as a

director for the purposes of the Act;

(d) "qualified person" means a qualified person as defined in the

Qualification Regulation (AR 185/85) or a regulation that replaces that

regulation.

Interpretation of the Act

2 The definition of "family member" in

section 31(

e) applies for the

purposes of

section 78(1) of the Act.

PART 1

LICENSED ADOPTION AGENCIES

Definitions

3 In this Part,

(a) "adoption placement" means the placement of a child with an

approved applicant for the purpose of adoption of the child by the approved

applicant;

(b) "agency" means a licensed adoption agency;

(c) "applicant", except in sections 4 and 6, means a person who

applies to an agency for an adoption placement;

(d) "direct placement" means the placement of a child

(

i) directly by the child's parent, or

(ii) with the assistance of a person authorized by the

Minister under

section 84 of the Act

in the custody of a person who intends to adopt the child.

Application for licence to operate agency

4(1) In this

section and

section 6, "applicant" means a person who applies

to the Minister for a licence to operate an agency.

(2) An application for a licence to operate an agency must be on Form 1

and must be accompanied by the following documentation:

(

a) evidence satisfactory to the Minister to whom the application

is submitted

(

i) that the applicant is a corporate body described in

section 87(1) of the Act, and

(ii) that the applicant has obtained general liability

insurance, satisfactory to the Minister, covering the proposed agency and

its employees;

(

b) a list of staff and contract positions, including a job

description for each position and the qualifications and experience

required for each position;

(

c) a written description of the applicant's proposed program and

procedures, including an explanation of the applicant's policy regarding

(

i) recruitment and assessment of persons who apply for

an adoption placement,

(ii) recruitment of persons who wish to place a child

for adoption through the agency,

(iii) provision of counselling services for persons who

apply for an adoption placement and for adoptive parents,

(iv) provision of counselling services for persons who

wish to place a child or who have placed a child for adoption through the

agency,

(

v) advertising of adoption services, and

(vi) the processing of direct placement adoptions;

(

d) a fee

schedule for the services provided by the agency;

(

e) any other information that the Minister considers necessary to

enable the Minister to determine the capacity of the applicant to provide

the services and carry out the responsibilities of an agency.

(3) An application for the renewal of a licence to operate an agency must

be on Form 1 and must be accompanied by

(

a) if there has been a change in any of the information referred

to in subsection (2)(a)(ii), (b), (

c) or (

d) since that information was

last provided by the applicant, a statement of the changes, and

(

b) any other information that the Minister considers necessary to

enable the Minister to determine the capacity of the applicant to continue

to provide the services and carry out the responsibilities of an agency.

Fees

5(1) The fee payable with an application under

section 4 is

(a) $100 for an initial licence, or

(b) $50 for a renewal of a licence.

(2) A fee referred to in subsection (1) is non-refundable.

Inspection

6 On receiving an application for a licence to operate an agency, the

Minister may inspect or cause to be inspected the premises from which the

applicant proposes to operate the agency for the purpose of determining

whether the applicant will be in compliance with the Act and this

Regulation.

Licence to be displayed

7 A licence or conditional licence to operate an agency must be kept on

the premises of the agency and must be available for inspection by any

person.

Application for adoption placement

8(1) Any adult who maintains his usual residence in Alberta may apply to

an agency for an adoption placement.

(2) On receiving an application under subsection (1), an agency must

(

a) ensure that the applicant has been provided with a written

description of the adoption services provided by the agency and the fee

schedule for those services,

(

b) advise the applicant that the results of a child welfare record

check are required and provide the applicant with a copy of Form 3,

(

c) advise the applicant that the results of a criminal record

check are required, and

(

d) provide the Minister with a copy of the application within 14

days of receipt of the application.

Acceptance or refusal of application for adoption placement

9(1) After the receipt by an agency of

(

a) the results of the child welfare record check referred to in

section 8(2)(b),

(

b) the results of the criminal record check referred to in

section

8(2)(c), and

(

c) any other documentation requested by the agency from the

applicant for the purpose of processing the applicant's application,

the agency must accept or refuse to accept an application received under

section 8.

(2) An agency must forthwith notify an applicant in writing of

(

a) its decision under subsection (1), and

(

b) if its decision is to accept the applicant's application, the

date of the acceptance.

Home assessment report

10(1) An agency must

(

a) within 90 days of accepting an application for an adoption

placement, complete a home assessment report in respect of the applicant,

and

(

b) require the applicant to provide a self-assessment report on

Form 4 every 12 months until the applicant receives an adoption placement.

(2) Notwithstanding subsection (1), if for any reason acceptable to the

Minister an agency is unable to complete a home assessment report within

the 90-day period, the Minister may, in writing, extend the time for

completion of the home assessment report.

(3) Any self-assessment report prepared in accordance with subsection

(1)(b), or any update of a home assessment report prepared at the

discretion of an agency, must be attached to and form part of the home

assessment report.

Decision of agency

11(1) On completion of a home assessment report in respect of an

applicant, an agency must

(

a) if in its opinion the applicant is a fit and proper person to

have the care and custody of a child, approve the applicant for an adoption

placement, or

(

b) if in its opinion the applicant is not a fit and proper person

to have the care and custody of a child, refuse to approve the applicant

for an adoption placement.

(2) No approval shall be given under subsection (1)(

a) until the applicant

has received pre-placement counselling services from a qualified person

regarding the adoption process and the parenting of an adopted child.

(3) If, as a result of a child welfare record check referred to in

section

8(2)(

b) the Minister has identified a concern regarding the suitability of

an applicant to have the care and custody of a child, the agency shall not

approve the applicant under subsection (1)(

a) without the prior written

consent of the Minister.

(4) An agency may, at any time before a child is placed for adoption with

an applicant who has been approved under subsection (1)(a), rescind the

approval if, in its opinion, circumstances have arisen or evidence has

become available indicating that the applicant is not a fit and proper

person to have the care and custody of a child.

(5) If an agency

(

a) refuses to approve an applicant for an adoption placement, or

(

b) rescinds the approval of an applicant for an adoption

placement,

the agency must, not later than 10 days after that decision, provide a

written notice to the applicant and the Minister setting out the decision,

the reasons for the decision and the applicant's right to appeal the

decision under

section 12.

Appeal from decision of agency

12(1) An applicant who receives a notice from an agency under

section

11(5) may appeal the decision of the agency to an Appeal Panel by serving a

notice of appeal as prescribed in the General Regulation (AR 192/85) or a

regulation that replaces that regulation on

(

a) the agency, and

(

b) the Minister

not later than 30 days after the date on which the applicant receives

notice of the decision.

(2) An Appeal Panel may, subject to the Act and this Regulation, confirm,

reverse or vary the decision of an agency.

Consents and counselling

13 If the guardian of a child wishes to place the child for adoption

through an agency, the agency must

(

a) make counselling services concerning the proposed adoption

available to the guardian and the child if the child is 12 years of age or

over and ensure that the counselling services are provided by a qualified

person,

(

b) advise the guardian and the child, if the child is 12 years of

age or over, that counselling services concerning the proposed adoption are

also available through a director, and

(

c) refer the guardian, and the child if the child is 12 years of

age or over,

(

i) to a director or lawyer for the completion of a

consent to adoption, and

(ii) to a director for counselling services concerning

the proposed adoption, if the guardian or the child, or both, request those

counselling services from the director.

Placement of a child for adoption

14(1) No agency shall place a child for the purpose of adoption with an

applicant

(

a) who has not been approved by the agency in accordance with

section 11, or

(

b) if the applicant received an adoption placement in the previous

12-month period.

(2) Subsection (1)(

b) does not apply if

(

a) the child who is proposed to be placed with the applicant is a

sibling of the child previously placed with the applicant for the purpose

of adoption, or

(

b) the applicant's previous adoption placement no longer subsists.

(3) Before placing a child with an approved applicant, an agency must

(

a) ensure that it has obtained

(

i) a report on Form 5 prepared by a qualified person

setting out

(

A) the social history of the child and the

biological parents of the child, and

(

B) the medical history of the biological

parents of the child,

and

(ii) a medical report on Form 6 in respect of the child

prepared by a physician,

(

b) be satisfied that the child is a Canadian citizen or has landed

immigrant status, and

(

c) make every reasonable effort to obtain

(

i) a consent to adoption signed by the guardian of the

child and witnessed by a director or lawyer, and

(ii) if the child is 12 years of age or over, a consent

to adoption signed by the child and witnessed by a director or lawyer.

(4) If a consent referred to in subsection (3)(c)(

i) cannot reasonably be

obtained before placement of a child, the agency must notify the Minister

of the reason why a consent cannot reasonably be obtained before placement

and may place the child with an approved applicant only if the Minister, on

being satisfied that the consent will be given by the guardian within a

reasonable time period, agrees to the placement.

(5) An agency must ensure that copies of the reports referred to in

subsection (3)(a)(

i) and (ii) are provided

(

a) to the approved applicant prior to the placement of the child

with the approved applicant, and

(

b) to the Minister within 21 days after the adoption placement.

(6) The agency must, prior to placing the child with the approved

applicant, notify or make reasonable efforts to notify the biological

father of the child of the proposed adoption placement.

(7) The agency must document the notification or the efforts to notify the

biological father required under subsection (6) and must provide the

documentation to the Minister within 21 days after the adoption placement.

(8) The agency must, within 21 days after the adoption placement, notify

the Minister in writing of the adoption placement.

Post-place-ment assessment

15(1) The agency must ensure that the home of the approved applicant is

visited by a qualified person, as soon as practicable but not later than 21

days after the child is placed in the home, for the purpose of commencing a

post-placement assessment of the approved applicant.

(2) A post-placement assessment of the approved applicant must be on Form

7 and must be

(

a) completed as soon as appropriate, in the opinion of the agency,

after the adoption placement, and

(

b) attached to the approved applicant's home assessment report.

Prohibition

16(1) No agency shall

(

a) place a child for the purpose of adoption outside Alberta, or

(

b) place or attempt to place a child for the purpose of adoption

unless the child is a Canadian citizen or has been lawfully admitted to

Canada for permanent residence.

(2) Subsection (1)(

a) does not apply to an agency that is permitted by the

laws of another province or territory of Canada to place children for

adoption in that province or territory.

Termination of adoption placement

17(1) An approved applicant may terminate an adoption placement prior to

the granting of an adoption order by advising the agency in writing of the

termination.

(2) On receiving a notice of termination in accordance with subsection

(1), the agency must forthwith

(

a) notify the Minister of the termination,

(

b) notify the guardian and a parent, if the guardian is not a

parent, of the termination, and

(

c) advise the guardian of the guardian's right to resume custody

of the child.

(3) Before placing the child with an alternative approved applicant, the

agency must, in accordance with

section 13, refer the guardian, and the

child if the child is 12 years of age or older, to a director or lawyer for

the completion of a consent to adoption.

DIRECT PLACEMENT ADOPTION

Direct placement

18(1) A person with whom a child has been placed for adoption through a

direct placement must apply to an agency for the processing of the

adoption.

(2) An agency must accept all applications received under subsection

(1) where the child to be adopted is a Canadian citizen or has been lawfully

admitted to Canada for permanent residence.

(3) On receiving an application under subsection (1), an agency must

(

a) ensure that the adopting person has been provided with a

written description of the adoption services provided by the agency and the

fee

schedule for those services,

(

b) advise the adopting person of the requirements of

section 65 of

the Act,

(

c) advise the adopting person that the results of a child welfare

record check are required and provide a copy of Form 3,

(

d) advise the adopting person that the results of a criminal

record check are required, and

(

e) be satisfied that the child is a Canadian citizen or has landed

immigrant status.

(4) An agency must ensure that the home of the adopting person is visited

by a qualified person, as soon as practicable but not later than 21 days

after receiving an application under subsection (1), for the purpose of

commencing a home assessment report in respect of the adopting person.

(5) If, at any time before a petition for an adoption order is filed with

the court, the adopting person directs an agency to stop processing the

adoption, the agency must

(

a) provide the Minister with written notice of that direction,

(

b) provide or attempt to provide written notice of that direction

to the parent who placed the child with the adopting person, and

(

c) transfer to the Minister all documentation in the possession of

the agency relating to the proposed adoption.

(6) If an agency receives a direction from an adopting person under

subsection (5) within 21 days after receiving that person's application

under subsection (1), subsection (4) does not apply.

(7) If, after completion of a home assessment report, an officer of an

agency decides not to recommend to the court the adoption of the child by

the person who made the application under subsection (1), the officer must

advise that person in writing of the decision and the reasons for the

decision.

GENERAL

Post-placement counselling services

19(1) An agency must provide post-placement counselling services to the

following persons, if requested by that person:

(

a) an approved applicant;

(

b) a person who has applied under

section 18(1) to have a direct

placement adoption processed by the agency;

(

c) an adoptive parent with whom the agency has placed a child for

adoption or for whom the agency has processed a direct placement adoption.

(2) An agency must provide post-placement counselling services

(

a) to a guardian who has placed a child for adoption through the

agency, or

(

b) where the agency is processing the adoption, to a parent who

has placed a child for adoption through a direct placement,

at any time after the adoption placement, for a period of up to 6 months

following the granting of the adoption order, if the guardian or parent

requests those services.

(3) An agency must ensure that post-placement counselling services are

provided by a qualified person.

Additional information

20 Any information obtained by an agency following the granting of an

adoption order and relating to the social or medical history of

(

a) the child who is the subject of the adoption order, or

(

b) the biological parents of the child who is the subject of the

adoption order

must be forwarded to the Minister for retention for the purposes of

section

80 of the Act.

Transfer of documents

21 On the granting of an adoption order, an agency must transfer to the

Minister all copies of the documentation in the possession of the agency

that was filed with the Court in support of the petition for an adoption

order.

Duties of agency

22(1) An agency must, on or before the last day of the 3rd month

immediately following the end of the agency's fiscal year, submit to the

Minister

(

a) an annual financial statement prepared by a registrant within

the meaning of the Regulated Accounting Profession Act, and

(

b) an annual report on the operation of the agency during the year

to which the annual report relates, including the number of

(

i) applications for adoption placements received,

(ii) consents under this Regulation taken by lawyers,

(iii) home assessment reports completed,

(iv) applicants approved under

section 11,

(

v) adoption placements,

(vi) cases where an adoption placement was terminated

under

section 17 and the circumstances surrounding the termination,

(vii) cases where a child who was placed with an approved

applicant for the purpose of adoption was removed from the approved

applicant and the circumstances surrounding the removal,

(viii) applications to have a direct placement

adoption processed,

(ix) cases where a person has directed the agency under

section 18(5) to stop processing a direct placement adoption,

(

x) cases where a child was placed with a person for

adoption through a direct placement and was subsequently removed from the

person, and the circumstances surrounding the removal,

(xi) adoption orders granted, and

(xii) contested court hearings relating to a petition for

an adoption order and the circumstances relating to each contested hearing.

(2) At the request of the Minister, the agency must provide to the

Minister

(

a) any statistical information and reports relating to the

operation of the agency, or

(

b) copies of any documentation or other records relating to an

adoption or an adoption placement.

Program director

23(1) An agency must designate a qualified person as the program director

of the agency, who is responsible for the day to day operation of the

adoption program of the agency.

(2) A program director designated under subsection (1) is considered to be

the officer of the agency for the purposes of the Act and this Regulation.

(3) An agency must notify the Minister in writing not later than 10 days

after

(

a) the designation of a program director, and

(

b) any change in the designation of a program director.

(4) The responsibilities of the program director include

(

a) the supervision of qualified persons delivering the services of

the agency, and

(

b) the supervision and review of home assessment reports, but do

not include the preparation or completion of a home assessment report.

Fees and expenses

24(1) An agency may charge to a person, other than a guardian who wishes

to place or who has placed a child for adoption through the agency, the

fees and expenses incurred in providing the following services:

(

a) processing an application for an adoption placement or

processing a direct placement adoption;

(

b) preparation of social histories of

(

i) a child who is adopted or intended to be adopted,

and

(ii) the biological parents of the child;

(

c) preparation of a medical history of the biological parents of a

child who is adopted or intended to be adopted;

(

d) preparation by a physician of a medical report in respect of a

child who is intended to be adopted;

(

e) preparation of a home assessment report;

(

f) preparation of an update of a home assessment report;

(

g) pre-placement counselling services for an applicant;

(

h) transportation relating to the placement of a child for

adoption;

(

i) preparation of a post-placement assessment;

(

j) preparation, filing and service of documents and notices

relating to an adoption and a petition for an adoption order;

(

k) post-placement counselling services provided under

section

19(1);

(

l) transfer between agencies of an application for an adoption

placement;

(

m) legal services provided in connection with an adoption;

(

n) any other services relating to an adoption that, in the opinion

of the Minister, are necessary.

(2) An agency may charge to each approved applicant a flat rate fee to

cover

(

a) counselling services concerning a proposed adoption placement

that are requested by a guardian who wishes to place a child for adoption

through the agency, and

(

b) post-placement counselling services requested by a guardian who

has placed a child for adoption through the agency.

(3) An agency may charge a person who applies under

section 18(1) to have

a direct placement adoption processed a flat rate fee to cover

post-placement counselling services that may be requested by a parent who

placed a child for adoption through a direct placement, where the agency is

processing or has processed the adoption.

(4) An agency may charge to a person whose child has been adopted the fees

and expenses incurred in providing that person with counselling services

relating to the adoption, where

(

a) the counselling services have been requested by that person,

and

(b) 6 months has passed since the granting of the adoption order,

if the adoption was processed through the agency.

(5) Not later than 30 days after the making of an adoption order, an

agency must provide to the Minister an itemized statement showing the fees

charged in respect of the adoption.

Trust account

25(1) An agency that requires payment in advance for any of its services

must establish and maintain a trust account in a bank, treasury branch or

trust company in which the funds received by the agency from a person who

will be receiving services referred to in this Regulation must be

deposited.

(2) Money paid into a trust account under subsection (1) must be withdrawn

from the account only with the consent of the person for whom it is held

and only for fees and expenses specified in

section 24 incurred by the

agency for services provided to that person.

(3) Money remaining in a trust account after fees and expenses are paid

must be returned to the person who paid the money to the agency.

(4) An agency must keep a separate book of accounts showing the deposits

and withdrawals from the trust account, the name of the person for whom

each deposit or withdrawal is made and the date of each deposit or

withdrawal.

Advertising

26(1) An agency may advertise only in accordance with this section.

(2) Advertising by an agency must be in good taste and

(

a) must be truthful, accurate and not misleading to the public,

(

b) shall not claim or imply that the services of the agency are

superior to those of another agency,

(

c) shall not guarantee an adoption placement or the adoption of a

child, and

(

d) shall not publicize any service or activity that could identify

(

i) an applicant,

(ii) a person who has applied under

section 18(1) to

have a direct placement adoption processed,

(iii) an adoptive parent or a prospective adoptive

parent,

(iv) a child placed or intended to be placed for

adoption, or

(

v) the guardian or biological parent of a child placed

or intended to be placed for adoption.

(3) If the Minister is of the opinion that advertising by an agency

contravenes subsection (2), the Minister may in writing order the agency to

take the measures specified in the order within the time limits specified

in the order.

PART 2

AUTHORIZATION FOR ADOPTION PLACEMENT

BY INTERMEDIARY

Application for authorization

27 Any adult who maintains his usual residence in Alberta may apply to

the Minister on Form 8 for authorization to place or facilitate the

placement of a child for the purpose of an adoption.

Decision of Minister

28 On receiving an application under

section 27, the Minister may

interview the applicant to determine if the applicant is a suitable person

to place or facilitate the placement of a child for the purpose of an

adoption, and may

(

a) provide an authorization to the applicant on Form 9, or

(

b) refuse to provide an authorization to the applicant.

Relevant considerations

29 In making a decision to provide or refuse to provide an authorization

under

section 28, the Minister must consider the following, as well as any

other relevant matter:

(

a) the exceptional nature of the applicant's proposed involvement

in placing or facilitating the placement of a child for the purpose of an

adoption;

(

b) the applicant's proposed involvement during and after

finalization of the adoption;

(

c) the applicant's relationship to the child's biological parents

and the prospective adoptive parents;

(

d) the wishes of the biological parents with respect to the

applicant's involvement in the adoption;

(

e) the applicant's knowledge of adoption and the adoption process;

(

f) how the proposed adoption placement will meet the child's

cultural needs;

(

g) whether the applicant will receive any form of benefit from the

proposed placement;

(

h) whether the applicant is affiliated with, or acting as an agent

for, any person who purports to carry on the business of placing or

facilitating the placement of children for adoption.

Notice of decision

30 The Minister must, within 14 days after receiving an application,

advise the applicant in writing of a decision made under

section 28.

PART 3

LICENSED SEARCH AGENCIES

Definitions

31 In this Part,

(a) "adopted person" means a person who is the subject of an

adoption order made under the Act or any predecessor to the Act;

(b) "adoption search" means a search conducted by an agency for the

location of a family member;

(c) "agency" means a licensed search agency;

(d) "applicant", except in sections 32 and 34, means a person who

applies to an agency pursuant to

section 78 of the Act;

(e) "family member" means,

(

i) with respect to an applicant who is an adopted

person, a guardian of an adopted person who is a child, or a descendant of

a deceased adopted person,

(

A) a biological parent of the adopted

person,

(

B) a biological adult sibling of the

adopted person, or

(

C) if a biological parent of the adopted

person is deceased, any adult related by blood to the deceased parent;

(ii) with respect to any other applicant,

(

A) an adopted person who is 18 years of

age or older and who is the biological child or the sibling of the

applicant, or

(

B) if an adopted person referred to in

paragraph (

A) is deceased, any adult related by adoption to the deceased

adopted person;

(f) "post-adoption registry" means the service provided by the

Minister under

section 75 of the Act.

Application for search agency licence

32(1) In this

section and

section 34, "applicant", except in subsection

(2)(d)(i), means a person who applies to the Minister for a licence to

operate a search agency.

(2) An application for a licence to operate an agency must be on Form 1

and must be accompanied by the following documentation:

(

a) evidence that the applicant is a corporate body described in

section 87(1) of the Act;

(

b) evidence that the applicant has obtained general liability

insurance, satisfactory to the Minister, covering the proposed agency and

its employees;

(

c) a list of staff and contract positions, including a job

description for each position and the qualifications and experience

required for each position;

(

d) a written description of the applicant's proposed program and

procedures, including an explanation of the applicant's policy regarding

(

i) provision of counselling services for applicants

under

section 78 of the Act and for family members,

(ii) investigative procedures and practices used in an

adoption search,

(iii) contact with located family members, and

(iv) advertising of agency services;

(

e) a fee

schedule for the services to be provided by the agency;

(

f) any other information that the Minister considers necessary to

enable the Minister to determine the capacity of the applicant to provide

the services and carry out the responsibilities of an agency.

(3) An application for the renewal of a licence to operate an agency must

be on Form 1 and must be accompanied by

(

a) a statement of any changes in any of the information referred

to in subsection (2)(b), (c), (

d) or (

e) since that information was last

provided by the applicant, and

(

b) any other information that the Minister considers necessary to

enable the Minister to determine the capacity of the applicant to continue

to provide the services and carry out the responsibilities of an agency.

Fee

33(1) The fee payable with an application under

section 32 is

(a) $100 for an initial licence, or

(b) $50 for the renewal of a licence.

(2) A fee referred to in subsection (1) is non-refundable.

Inspection

34 On receiving an application for a licence to operate an agency, the

Minister may inspect or cause to be inspected the premises from which the

applicant proposes to operate the agency for the purpose of determining

whether the applicant will be in compliance with the Act and this

Regulation.

Licence to be available for inspection

35 A licence or conditional licence to operate an agency must be kept on

the premises of the agency and must be available for inspection by any

person.

Application for an adoption search

36(1) An application for an adoption search may be made to an agency on

Form 10.

(2) On receiving an application under subsection (1), an agency must

(

a) provide the applicant with a written description of the

services provided by the agency and the fee

schedule for those services,

(

b) advise the applicant of the services available through the

post-adoption registry, and

(

c) provide the Minister with a copy of the application within 14

days after receipt of the application.

Release of identifying adoption information

37(1) On receiving a copy of an application under

section 36, the Minister

may provide the agency with any identifying adoption information that may

assist the agency in carrying out an adoption search with respect to that

application.

(2) If the Minister advises the agency that a family member has registered

a veto under

section 78 of the Act, the agency

(

a) must advise the applicant that the veto has been registered,

(

b) shall not commence an adoption search for that family member,

and

(

c) shall not release personal information about that family member

to the applicant, other than information specified on the veto, the release

of which has been consented to by the family member.

(3) If the Minister advises the agency that a family member has applied to

the post-adoption registry, the agency must advise the applicant of that

application.

Duty of agency to ensure confidentiality

38 If an agency uses the services of a person who is not an employee of

the agency to conduct an adoption search, the agency must

(

a) ensure that no identifying information about the applicant is

provided to that person, other than

(

i) in the case of an applicant who is an adopted

person, the applicant's birth name or

(ii) in the case of any other applicant, the applicant's

name at the time the applicant's family member was adopted,

and

(

b) take all reasonable steps to ensure that the person maintains

confidentiality with respect to any identifying adoption information

provided to that person by the agency and any other information concerning

the applicant or a family member that comes to the attention of that person

while conducting the adoption search.

Location of a family member by an agency

39(1) When an agency locates a family member through an adoption search,

the agency must ensure that any contact between the agency and the family

member is made by a qualified person.

(2) When a family member is first contacted by a qualified person, the

qualified person must advise the family member

(

a) that an application for an adoption search has been made,

without providing identifying information about the applicant,

(

b) that the family member has a right to

(

i) consent to a reunion with the applicant on Form 11,

(ii) register a veto on Form 12 declining a reunion with

the applicant and

(

A) prohibiting the release of identifying

information to the applicant, or

(

B) consenting to the release of specified

information to the applicant through the agency,

(

c) that counselling services are available through the agency,

(

d) of any veto registered by another family member with respect to

the applicant, and

(

e) if the applicant is an adopted person, of the applicant's right

to commence an adoption search for other family members.

(3) If the family member consents to a reunion with the applicant and the

applicant chooses to use the services of the agency to facilitate the

reunion, the agency must ensure that the reunion is facilitated by a

qualified person.

(4) If the family member chooses to register a veto declining a reunion

with the applicant, the agency must send the veto to the Minister within 10

days after receiving it and must, through a qualified person,

(

a) advise the family member of the right to revoke the veto,

(

b) notify the applicant of the veto,

(

c) if the family member has consented on the veto to the release

of specified information to the applicant, provide the applicant with that

information, and

(

d) if the family member is a person described in

section

31(e)(i), explain to the family member the importance of providing medical

information to the applicant.

(5) If the family member has not, within 90 days after being contacted by

the qualified person under subsection (2), either consented to a reunion

with the applicant or registered a veto, the agency must handle the matter

as if the family member had registered a veto, and must

(

a) notify the Minister within 10 days after the expiration of the

90-day period that the matter is being handled as if a veto had been

registered,

(

b) notify the applicant that the matter is being handled as if a

veto had been registered, and

(

c) notify the family member that the matter is being handled as if

a veto had been registered.

Transfer of information to a director

40 On concluding an adoption search, an agency must close its file and

transfer to the Minister all information relating to the search in the

possession of the agency or any person who conducted a search on behalf of

the agency, including

(

a) any information about the applicant or the family member,

whether obtained from the Minister or through the adoption search,

(

b) a confirmation of the outcome of the adoption search,

(

c) an itemized statement showing the fees and disbursements

charged to the applicant and, if applicable, the family member, and

(

d) in cases where the agency used the services of investigators or

other professionals who were not employees of the agency, the names of

those professionals and the services they provided.

Duty to provide statements and reports

41(1) An agency must, on or before the last day of the 3rd month

immediately following the end of the agency's fiscal year, submit to the

Minister

(

a) an annual financial statement prepared by a registrant within

the meaning of the Regulated Accounting Profession Act, and

(

b) an annual report on the operation of the agency during the year

to which the annual report relates, including the number of

(

i) applications for adoption searches received,

(ii) reunions facilitated by the agency,

(iii) reunions where the applicant did not request the

services of the agency,

(iv) vetoes actually registered,

(

v) vetoes registered by default under

section 39(5),

(vi) cases where the family member was not located, and

(vii) requests received for counselling from applicants

and family members.

(2) An agency must submit to the Minister any statistical information and

reports relating to the operation of the agency that the Minister may

require.

Designation of program director

42(1) An agency must designate a qualified person as the program director

of the agency, who is responsible for the day to day operation of the

program of the agency, including the supervision of persons delivering the

services of the agency.

(2) An agency must notify the Minister in writing not later than 10 days

after

(

a) the designation of a program director, and

(

b) any change in the designation of a program director.

Fees payable by applicants and family members

43(1) An agency may charge to an applicant the fees and expenses incurred

in providing the following services:

(

a) processing an application for an adoption search;

(

b) conducting an adoption search;

(

c) contacting a family member;

(

d) facilitating a reunion;

(

e) counselling services requested by an applicant;

(

f) any other services relating to adoption searches that, in the

opinion of the Minister, are necessary.

(2) An agency may charge to a family member the fees and expenses incurred

in providing counselling services requested by the family member.

Money to be held in a trust account

44(1) An agency that requires payment in advance for any of its services

must establish and maintain a trust account in a bank, treasury board or

trust company, and any funds received from a person who will be receiving

services from the agency must be deposited in the trust account.

(2) Money paid into a trust account under subsection (1) may be withdrawn

from the account only with the consent of the person for whom it is held

and only for fees and expenses specified in

section 43 incurred by the

agency for services provided to that person.

(3) Money remaining in a trust account after fees and expenses are paid

must be returned to the person who paid the money to the agency.

(4) An agency must keep a separate book of accounts showing the deposits

and withdrawals from the trust account, the name of the person for whom

each deposit or withdrawal is made and the date of each deposit or

withdrawal.

Advertising

45(1) An agency may advertise only in accordance with this section.

(2) Advertising by an agency

(

a) must be in good taste,

(

b) must be truthful, accurate and not misleading to the public,

(

c) shall not claim or imply that the services of the agency are

superior to those of another agency,

(

d) shall not guarantee the location, or reunification with, a

family member, and

(

e) shall not publicize any service or activity that could identify

an applicant or a family member.

(3) If the Minister is of the opinion that advertising by an agency

contravenes subsection (2), the Minister may in writing, order the agency

to take the measures specified in the order within the time limits

specified in the order.

Financial assistance

46(1) An agency may, on behalf of an applicant who is a resident of

Alberta, apply to the Minister for financial assistance with respect to an

adoption search.

(2) The Minister may provide financial assistance with respect to an

applicant who

(

a) receives a benefit under the Assured Income for the Severely

Handicapped Act, or

(

b) is 65 years of age or older and whose income for calculating

benefits, as defined in the Seniors Benefit Regulation (AR 213/94), does

not exceed the amount prescribed under that Regulation.

(3) An applicant may receive financial assistance under subsection

(2) only once for each family member who is the subject of an adoption search

by the applicant.

PART 4

POST-ADOPTION SUPPORT

Definitions

47 In this Part, "adopting parent" means

(

a) a person who has adopted a child, or

(

b) a person with whom a child has been placed for the purpose of

adoption.

Post-adoption support agreement

48(1) Subject to this section, a director may enter into a post-adoption

support agreement in Form 13 with an adopting parent of a child referred to

section 81 of the Act respecting the provision of financial support to

the adopting parent to assist the adopting parent in either or both of the

following:

(

a) maintaining the child in the adoptive home;

(

b) providing the child and the family of the adopting parent with

any of the following services that may be required to meet the special

needs of the child:

(

i) medical services;

(ii) orthodontic and corrective dental treatment;

(iii) home renovations or equipment required to

accommodate a disability;

(iv) occupational, speech, hearing or psychological

therapy;

(

v) day care for remedial purposes;

(vi) specialized educational support;

(vii) transportation and subsistence for treatment

purposes;

(viii) in the case of an Indian child,

transportation to maintain cultural ties to the child's band of origin;

(ix) child care to provide parental relief, to a maximum

of 504 hours per year;

(

x) treatment in a residential facility in Alberta.

(2) An agreement may be entered into under subsection (1) only

(

a) if, before the adoption order relating to the child was made,

a director acknowledged in writing that the child has a special need,

(

b) if the child has a special need as a result of

(

i) a medical, physical, mental or emotional condition

or history that could significantly impede normal development,

(ii) not having been adopted due to the child's age,

(iii) being one of 2 or more siblings who have been

placed with the adopting parent for the purpose of adoption, or

(iv) the cultural or familial needs of the child,

(

c) if, in the case of an agreement under subsection (1)(a),

(

i) a director has made reasonable efforts to find an

adoptive home for the child without the provision of financial support, or

(ii) the child has developed a significant relationship

with the adopting parent as a result of the adopting parent providing care

to the child for an extended period of time,

and

(

d) if the adopting parent is a resident of Canada.

(3) No agreement shall be entered into under subsection (1)(

b) if the

adopting parent is reasonably able to obtain the services required to meet

the special needs of the child from other sources.

(4) No agreement under subsection (1)(

a) or (

b) remains in force after the

child reaches the age of 18 years.

(5) No agreement under subsection (1)(

a) or (

b) remains in force if the

adopting parent ceases to reside in Canada.

Rate of support

49 The rate of financial support provided under an agreement under

section 48(1)(

a) shall not exceed 90% of the basic maintenance rate for

foster care as set by the Minister from time to time.

Review of a post-adoption support agreement

50(1) A director must review a post-adoption support agreement

(

a) annually, and

(

b) within 30 days after receiving a written request for a review

from the adopting parent who is a party to the agreement.

(2) If, after a review under subsection (1), the director is of the

opinion that

(

a) the special needs of the child have changed, or

(

b) the financial ability of the adopting parent to maintain the

child or to provide the services required to meet the special needs of the

child, as the case may be, has changed,

the director may require that the agreement be varied or may terminate the

agreement on 30 days' written notice to the adopting parent.

Appeal

51 A person who is affected by a decision respecting the refusal or

failure to enter into an agreement under

section 48 or respecting the terms

or the termination of that agreement may appeal the decision to an Appeal

Panel in accordance with

section 120(3) of the Act.

PART 5

REPEALS, EXPIRY AND COMING INTO FORCE

Repeal

52 The Adoption Regulation (AR 3/89) is repealed.

Expiry

53 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be repassed in

its present or an amended form following a review, this Regulation expires

on March 31, 2007.

Coming into force

54 This Regulation comes into force on April 1, 2002.

FORM 1

APPLICATION FOR A LICENCE OR TO RENEW

A LICENCE TO OPERATE AN ADOPTION AGENCY

OR A SEARCH AGENCY

1 Regarding the application of (corporate name of applicant) I am

(name) . I am authorized to represent the applicant.

2 Application

I am applying:

__ for a licence to operate a licensed adoption agency

__ for a licence to operate a licensed search agency

__ to renew a licence to operate a licensed adoption agency

__ to renew a licence to operate a licensed search agency

I have attached all the supporting documents required by

section 4 or

section 32 of the Adoption Regulation.

I have enclosed the non-refundable application fee of:

__ $100 for an initial licence

__ $50 to renew a licence

3 Information about Applicant

1 Information about the applying corporate body:

Registered office address:

(telephone

number)

Board of Directors:

(name) (title) (address)

(name) (title) (address)

(name) (title) (address)

2 Information about the agency, if different from the corporate

body:

(name)

(address) (telephone number)

3 (Program Director)

4 Signatures

(authorized

officer's signature) (date) Corporate Seal

(authorized

officer's signature) (date)

FORM 2

NOTICE OF DECISION: LICENSING OF

ADOPTION AGENCY OR SEARCH AGENCY

1 To: (name of applicant or licensee)

Address: (address)

2 Licensing

With respect to the licensing of:

__ an adoption agency

__ a search agency

Pursuant to

section 89 of the Child Welfare Act, I give notice of my

decision to:

(Place an "X" in the appropriate box.)

__ refuse to issue a licence to operate an agency

__ refuse to renew your licence to operate an agency

__ issue a conditional licence to operate an agency

__ suspend your licence to operate an agency until

__ cancel your licence to operate an agency.

The reasons for my decision are as follows:

You may appeal any decision noted on this form in accordance

with

section 120 of the Child Welfare Act.

This decision takes effect 30 days after the date of service of

this notice.

3 Signature of Minister

(Minister's signature) (date)

FORM 3

REQUEST FOR CHILD WELFARE RECORD CHECK

1 To: the Minister of Children's Services

Name of applicant:

(full name and all previous names) (birthdate)

(full name and all previous names) (birthdate)

2 Regarding each applicant:

I have applied to (name of licensed adoption agency)

to: (check one of the following)

__ place a child in my home for adoption.

__ process my adoption of a child placed in my home by the parent.

Please check child welfare records for any information about me.

Please send the results of your check to me at:

(address) .

(check one of the following)

__ I have no other child.

__ My other children are: (name) (birthdate)

(name)

(birthdate)

3 Signatures

(applicant's

(witness's signature) (date) (signature)

(applicant's

(witness's signature) (date) (signature)

4 Results of Child Welfare Record Check

I, (name) , (position) , have conducted a child

welfare record check on (applicant) and report as follows:

__ I have found no child welfare record indicating that the

applicants might have caused a child to be in need of protective services

in Alberta.

__ I have the following concern regarding the suitability of the

applicants to have care and custody of a child:

(Signature) (date)

FORM 4

UPDATE REPORT

1 Name of applicant(s):

Address:

Telephone: Business (male applicant)

Business (female applicant)

2 Assessment

Describe under the following headings the circumstances of any

changes that have occurred since the completion of the home assessment

report:

Part A Yes No Changes

Health

Education

Sources of income

Employment

Residence

Religion

Part B Yes No Changes

Marital relationships

Family composition

Understanding of adoption issues

Child desired

Any other significant changes

Part C Yes No Changes

References

3 Signatures

(Signature of applicant) (date)

(Signature of applicant) (date)

FORM 5

CHILD'S SOCIAL AND FAMILY HISTORY

Section 1: Child's Information

A Name of child: (birthdate)

Birthplace: Religion:

Has child been baptized: yes no

If yes, give details:

Racial Origin: Ethnic Origin:

If registered Indian, (registration number) Band: (name

(number)

If Metis: (Metis settlement name or community)

Physical description of child:

Diagnosed birth or congenital health problems of child:

B Background (if newborn do not complete)

 Provide any information regarding where the child has lived,

who parented the child, etc.:

 Describe relationship with family or other significant persons:

C Development (if newborn do not complete)

 Discuss academic achievement and social adjustment to school:

 Describe any interests, hobbies or participation in sports:

 Provide copies of any psychological or psychiatric assessments

which have been completed:

 Provide any known information regarding the child's emotional,

social or cognitive functioning:

D Personality (if newborn do not complete)

 Discuss child's personality and behaviour:

Section 2: Birth Mother's Information

Name of mother: (birthdate)

Birthplace: Religion:

Racial Origin: Ethnic Origin:

If registered Indian, (registration number)

Band: (name) Band: (number)

If Metis: (Metis settlement name or community)

Marital status:

Physical description: (height) (weight) (colour of eyes)

(colour of hair)

Any unique features:

Education: Employment:

Interests:

Personality:

Relationship with family:

Other children born to birth mother:

(name) (birthdate) (sex)

(name) (birthdate) (sex)

Who is caring for these children:

Birth mother's parents, brothers and sisters

(name) (address) (birthdate) (sex)

(name) (address) (birthdate) (sex)

 Describe any special talents, skills, traits within the family:

Additional comments of birth mother:

(signature of birth mother)

Section 3: Birth Mother's Medical Information

 Describe the mother's general state of health:

 Describe physical, mental, emotional or medical conditions and

treatment obtained for those conditions:

 Describe extent of use of any drugs, alcohol or tobacco

(including prenatal use):

 Describe prenatal care received by mother:

 Describe any significant physical, mental, emotional or medical

conditions within the extended family:

Section 4: Birth Father's Information

Name of father: (birthdate)

Birthplace: Religion:

Racial Origin: Ethnic Origin:

If registered Indian, (registration number)

Band: (name) Band: (number)

If Metis: (Metis settlement name or community)

Marital status:

Physical description: (height) (weight) (colour of eyes)

(colour of hair)

Any unique features:

Education: Employment:

Interests:

Personality:

Relationship with family:

Other children born to birth father:

(name) (birthdate) (sex)

(name) (birthdate) (sex)

Who is caring for these children:

Birth father's parents, brothers and sisters

(name) (address) (birthdate) (sex)

(name) (address) (birthdate) (sex)

 Describe any special talents, skills, traits within the family:

Additional comments of birth father:

(signature of birth father)

Section 5: Birth Father's Medical Information

 Describe the father's general state of health:

 Describe physical, mental, emotional or medical conditions and

treatment obtained for those conditions:

 Describe extent of use of any drugs, alcohol or tobacco:

 Describe any significant physical, mental, emotional or medical

conditions within the extended family:

Section 6: Adoption Information

 Describe the relationship between the birth parents:

 Describe the circumstances surrounding the decision to choose

adoption:

 Is a letter or gift being left for the child?

 Have the mother and father been given background information

about the adoptive family?

Is the birth father aware that the child has been placed for

adoption? yes no

Additional comments of person preparing history:

(prepared by) (date) (reviewed by) (date)

FORM 6

MEDICAL REPORT

1 Regarding the child (name) , born (date)

Personal Health Number .

2 Referral

Date: (date)

To: (physician's name) From: (child welfare worker)

(child welfare office)

(address)

(phone)

3 Information from most recent care giver

Feeding

seems normal for age

I am concerned about

Sleeping

seems normal for age

I am concerned about

Elimination

seems normal for age

I am concerned about

Development

seems normal for age

I am concerned about

Temperament

seems normal for age

I am concerned about

I also have concerns about:

(e.g. developmental delays,

abuse, behaviour)

4 Information from child welfare worker

Child's medical history: Prenatal:

Mother's health, nutrition, use

of alcohol, tobacco, other substances;

Birth:

Describe delivery and child's

birth health, including vital stats and apgars, chronic illness,

hospitalization, abuse:

Immunizations: Up to date

Not up to date

Name of health unit:

Allergies:

I also have concerns about:

5 To be completed by a registered physician

5A Laboratory findings (complete as necessary)

Test Date Results

Blood type

Urinalysis

Urine C/S

TB test

Other

5B Physical examination (complete as applicable)

Head circumference %tile

Height %tile

Weight %tile

Blood pressure %tile

Normal Abnormal N/A

Ant Fontanel

Head (shape/size)

Ears

Eyes

Oropharynx

Teeth

Lymph nodes

Skin

Nutrition/Iron

Endocrine

Respiratory

Heart

Abdomen

Umbilicus

Femoral pulses

Hernias

Genitalia

Nervous system

Upper limbs

Lower limbs

Hips

Vision

Hearing

Concerns

Summary

5C Assessment

Summary

Healthy child; no concerns

Diagnosis

Prognosis

Care plan and/or recommendations: (describe follow-up

plan)

6 Examining Physician

(name) (area of

practice)

(address)

(phone) (date)

(physician's signature)

FORM 7

POST-PLACEMENT ASSESSMENT

1 Name of applicant

Name of child (birthdate)

2 Assessment Information

I, (name) , (position) a qualified

person under the Child Welfare Act, have assessed the adjustment of the

applicant(

s) and the child to the placement of the child in the home of the

applicant(

s) and report as follows:

1. Describe the child's physical, mental and emotional level of

development.

2. Describe the child's contact with any health professionals and

the child's immunization program.

3. Describe the adjustment and bonding between the child, the

applicant(

s) and other family members.

4. Describe the home environment (including other people in the

home, parenting abilities, quality of spousal relationship).

5. Describe any efforts that have been made to retain the child's

cultural identity.

6. Describe the applicant's understanding of being an adoptive

parent.

7. Provide comments by references regarding the adjustment of the

child and the family to the adoption.

8. Do you believe the completion of this adoption is in the

child's best interests?

(completed by) (position)

(date)

(reviewed by) (position)

(date)

FORM 8

APPLICATION FOR AUTHORIZATION

1 Information about applicant

Name of applicant: (name of applicant)

Address: (street, apt #, P.O. Box #)

(city,town,county) (province)

(postal code) (phone number)

Occupation:

2 Information about birth parents

Name of mother: (name of mother)

Address: (street, apt #, P.O. Box #)

(city,town,county) (province)

(postal code) (phone number)

Name of father: (name of father)

Address: (street, apt #, P.O. Box #)

(city,town,county) (province)

(postal code) (phone number)

3 Information about proposed adoptive parents

Names of proposed adoptive parents:

(name of proposed adoptive mother)

(name of proposed adoptive father)

Address: (street, apt #, P.O. Box #)

(city,town,county) (province)

(postal code) (phone number)

4 Information about child

Name of child (if born): (name)

Date of birth or expected date of birth: (date)

5 To be completed by applicant

I am applying for authorization to place or help place this child for

the purpose of adoption.

I want to be involved in placing this child because:

My involvement in placing this child is exceptional because:

My role in assisting with this adoption following placement of the

child and following the granting of the adoption order will be:

My relationship to the birth parents of this child is:

My relationship to the proposed adoptive parents is:

My knowledge of adoption and the adoption process is based on:

The proposed adoption placement will meet the child's cultural needs

because:

(check one of the following:)

I will receive the following benefit for being involved

in this adoption:

I will not receive a benefit of any kind for being

involved in this adoption.

(check one of the following:)

I am affiliated with a person or organization that

carries on an adoption business. The name of the person or organization is

I am not affiliated with any person or organization that

carries on an adoption business.

6 To be completed by birth parents

I/We want the applicant to be involved in my/our child's adoption

because:

Notice to birth parents and proposed adoptive parents:

Adoption services are available to birth parents and adoptive parents

from your regional Child and Family Services Authority and from licensed

adoption agencies. Contact your regional Child and Family Services

Authority for further information.

7 Signatures

(witness's signature) (date) (applicant's signature)

(witness's signature) (date) (birth parent's signature)

(witness's signature) (date) (birth parent's signature)

(proposed

adoptive

(witness's signature) (date) parent's signature)

(proposed

adoptive

(witness's signature) (date) parent's signature)

THIS IS NOT A CONSENT TO ADOPTION

FORM 9

AUTHORIZATION

1 To: (name of applicant)

Address: (street, apt #, P.O. Box #)

(city,town,county) (province) (postal code)

2 Information about Child

Name of child (if born): (name)

Date of birth or expected date of birth: (date)

3 Information about Birth Parents

Names of birth parents:

(name of birth

mother)

(name of birth

father)

4 Information about Proposed Adoptive Parents

Names of proposed adoptive parents:

(name of proposed adoptive

mother)

(name of proposed adoptive

father)

5 Authorization

You are authorized by the Minister to place or help place this child

with the proposed adoptive parents for the purpose of adoption.

This authorization allows you to place the child only if the birth

parent wants you to.

The provisions of the Child Welfare Act apply at all times. The Act

requires the birth parent's consent to the child's adoption.

6 Signature

(signature of director) (date)

FORM 10

APPLICATION FOR AN ADOPTION SEARCH

1 To: (Licensed Search Agency)

2 Name: (first name) (middle name) (last name)

Address: (street, apt #, P.O. Box #)

(municipality) (province) (country) (postal

code)

Telephone No. (residence) (business)

Previous names

3 Applicant Information

I am

an adopted person. I am 18 years of age or older

(complete sections 4 and 9)

an adopted child. I am 16 years of age or older and

living independently from my guardian (complete sections 4 and 9)

a guardian of an adopted person who is a child

(complete sections 5 and 9)

an adult descendant of a deceased adopted person

(complete sections 6 and 9)

a birth parent of an adopted person who is 18 years

of age or older (complete sections 7 and 9)

an adult sister or brother of an adopted person who

is 18 years of age or older (complete sections 8 and 9)

4 Search Information for Adopted Person

I would like you to search for

my birth mother

my birth father

my maternal adult birth sisters and brothers

my paternal adult birth sisters and brothers

If either of my birth parents is deceased, I would like you to search

for any adult related by blood to that birth parent

Yes No

Date of adoption (if known) (date)

Date of birth (date)

Place of birth

My adoptive mother is (last name) (first name)

My adoptive father is (last name) (first name)

I believe I have the following adult birth brothers and

sisters. (Please give names and any details you know about your adult

sisters and brothers. If you need more space, attach a separate sheet.)

5 Search Information for Guardian of Adopted Child

Name of adopted child:

(first name) (middle name) (last name)

Previous names:

I would like you to search for the adopted child's

birth mother

birth father

adult birth brothers and sisters

If either of the adopted child's birth parents is deceased, I would

like you to search for any adult related by blood to that birth parent

Yes No

Date of adoption (if known) (date)

Date of birth (date)

Place of birth

The adopted child's adoptive mother is

(last name) (first name)

The adopted child's adoptive father is

(last name) (first name)

I believe the adopted child has the following adult birth

brothers and sisters. (Please give names and any details you know about

the child's adult sisters and brothers. If you need more space, attach a

separate sheet.)

6 Search Information for Descendant of Deceased Adopted Person

Name of deceased adopted person:

(first name) (middle name) (last name)

Date of death (date)

Place of death

Date of adoption (if known) (date)

Date of birth (date)

Place of birth

Names of the adoptive parents

Relationship of deceased adopted person to applicant

I would like you to search for the deceased adopted person's

birth mother

birth father

adult birth brothers and sisters

If either of the deceased adopted person's birth parents is deceased,

I would like you to search for any adult related by blood to that birth

parent Yes No

I believe the deceased adopted person has the following adult

birth sisters and brothers. (Please give names and any details you know

about the adopted person's adult sisters and brothers. If you need more

space, attach a separate sheet.)

7 Search Information for Birth Parent

I would like you to search for

my birth son my birth

daughter

whose name was (full name)

Place of birth

Date of birth (date)

If my birth son or daughter is deceased, I would like you to search

for any adult related by adoption to my birth son or daughter

Yes No

8 Search Information for Sisters and/or Brothers

I would like you to search for my adult sisters and/or

brothers who were adopted.

I believe I have the following adult sisters and/or

brothers who were adopted and for whom I wish you to search. (Please give

names and any details you know about your adult sisters and brothers. If

you need more space, attach a separate sheet.)

If any of my adult sisters and/or brothers who was adopted is dead, I

would like you to search for any adult related by adoption to the deceased Yes No

9 Signatures

I understand that the Minister will give you identifying information

about me (or the adopted person) and my (or the adopted person'

s) birth

family to help you with the search.

I understand that the Post-Adoption Registry will receive a copy of

this application.

(witness's signature) (date) (applicant's signature)

FORM 11

CONSENT BY FAMILY MEMBER

1 To: (Licensed Search Agency)

(address)

2 Consent

I am (name of family member) . I understand that

(relationship to applicant) has asked you to find me.

I give you my consent to reunite him or her with me and

to give him or her any information you have that identifies who I am to

facilitate the reunion.

I give you my consent to give him or her any information

you have that identifies who I am.

3 Signatures

(signature of

(witness's signature) (date) family member)

FORM 12

VETO

1 To: (Post Adoption Registry)

(Licensed Search Agency)

2 Veto

I am adopted person

Name: (birthdate)

Adoptive parents' names:

I am birth parent

Name: (birthdate)

Child's name: (birthdate)

I am adult birth sibling

Name: (birthdate)

Child's name: (birthdate)

I am other

Name: (birthdate)

Child's name: (birthdate)

In the event that someone applies to a licensed search agency or to

the Post Adoption Registry to find me:

I do not wish to be reunited with the applicant and I

forbid the release of any information that identifies who I am.

I do not wish to be reunited with the applicant; however,

I consent to the release of the following information about me to the

applicant:

I understand that even if I register this veto form, the applicant

might still find another birth family member. That member might give out

information about me. I understand that even if I register this veto form,

the applicant might still find me or get information about me some other

way.

I understand that I may cancel this veto at any time by writing to

the Post Adoption Registry.

3 Signatures

(witness) (date) (signature)

FORM 13

POST-ADOPTION SUPPORT AGREEMENT

1 Regarding the child (name)

Born (date)

2 Agreement

This agreement is made according to

section 81 of the Child Welfare

Act.

This agreement is between a director and (names of adoptive parents)

of (address) .

This agreement replaces the agreement we entered on (date)

A director agrees to review this agreement within 30 days of

receiving a written request from the parents.

We agree that this agreement may be changed only if both of us agree.

To change this agreement, we will sign a new agreement.

We agree that if one of us wants to cancel this agreement, we will

provide a letter to the other person 30 days before the date we want the

agreement to end.

We agree to the terms set out below this agreement. The total cost

of this agreement will not exceed .

3 Terms

Maintenance Terms

This child has been placed with the parents for the purpose of

adoption. The parents reside in Canada and require financial support to

assist them to maintain the child in their home.

A director agrees to provide the parents with financial support to

maintain the child. The rate of support will be: .

The parents agree to inform a director about any change in their

ability to maintain the child.

We agree that these terms will be effective from (date) to

(date) unless cancelled earlier.

(NOTE: The agreement may not exceed one year nor continue either

after the child's 18th birthday or if the parents cease to reside in

Canada.)

Special Service Terms

This child was adopted by the parents on (date) .

Before the adoption, a director acknowledged that the child had

special needs.

A director agrees to provide the parents with financial support for

services to meet the child's special needs.

The level of support and the type of services will be:

The parents agree to make sure the child receives the services

described above.

The parents agree to inform a director about any change in the

child's special needs.

We agree that these terms will be effective from:

(date)

the date the adoption order is granted

We agree that these terms end (date) unless cancelled

earlier.

(NOTE: The agreement may not exceed one year nor continue either

after the child's 18th birthday or if the parents cease to reside in

Canada.)

4 Signatures

(parent's signature) (date)

(parent's signature) (date)

(child welfare worker's signature) (date)

(director's delegate's signature) (date)

FORM 14

NOTICE BY AN ADOPTION APPLICANT

ABOUT A DIRECT ADOPTION PLACEMENT

1 Regarding the child (name as on birth document) , born

(date) at (place of birth) .

2 Applicants

We are the applicants who will be applying to adopt this child:

(applicant) (applicant)

(address) (phone)

3 Parents

This child's parents are:

Mother: (name) , born

(date)

(address) (phone)

Father: (name) , born

(date)

(address) (phone)

4 Notice

This is your notice that we received custody of this child from the

parent on (date) for the purpose of adoption.

We intend to apply for an adoption order regarding the child.

(applicant's signature) (date)

(applicant's signature) (date)

FORM 15

NOTICE BY A PARENT ABOUT A

DIRECT ADOPTION PLACEMENT

1 Regarding the child (name as on birth document)

born (date) at (place of birth) .

2 Parents

I am this child's parent. I am:

(name) born (date)

(address) (phone)

The child's other parent is:

(name) born (date)

(address) (phone)

3 Applicants

The people who will be applying to adopt my child are:

(applicant's legal name) (applicant's legal name)

(address) (phone)

4 Notice

This is your notice that I placed this child with the applicants on

(date) for the purpose of adoption.

I understand that I will need to sign a consent form for the

adoption. I also understand that I can have the consent form completed

either by going to a lawyer, or by contacting my regional Child and Family

Services Authority.

(parent's signature) (date)

Alberta Regulation 38/2002

Child Welfare Act

GENERAL REGULATION

Filed: March 20, 2002

Made by the Minister of Children's Services (M.O. 43/02) on March 14, 2002

pursuant to

section 131(2) of the Child Welfare Act.

Table of Contents

Definition 1

Forms 2

Secure treatment institutions 3

Qualifications for appointment as child welfare worker 4

Agreement re care and maintenance 5

Duty to keep records 6

Repeal 7

Expiry 8

Coming into force 9

Schedules

Definition

1 In this Regulation, "Act" means the Child Welfare Act.

Forms

2 The forms to be used under the Act are the forms in

Schedule 1.

Secure treatment institutions

3 The institutions in

Schedule 2 are secure treatment institutions.

Qualifications for appoint-ment as child welfare worker

4 For the purposes of the Act, the qualifications required for a person

to be appointed as a child welfare worker are that the person

(

a) is a social worker registered under the Social Work Profession

Act,

(

b) holds at least a bachelor's degree in social work from a

university or school accredited by the Canadian Association of Schools of

Social Work, or

(

c) in the opinion of the Minister is qualified because of the

person's academic qualifications or experience or a combination of the

person's academic qualifications and experience.

Agreement re care and maintenance

5(1) A director may enter into an agreement in Form 10 with a person

referred to in

section 35(2) of the Act with respect to the provision of

care and maintenance required to assist or enable the person to establish

or maintain an independent living arrangement if, in the opinion of the

director,

(

a) the care and maintenance is not reasonably available to the

person through other sources, or

(

b) the care and maintenance is required in order to achieve the

objectives of a director's case plan.

(2) An agreement under subsection (1) may provide care and maintenance

that is required for the health and well-being of the person referred to in

section 35(2) of the Act, including

(

a) living accommodation,

(

b) financial assistance related to necessities of life, training

and education,

(

c) health benefits, and

(

d) any other support services that may be required to enable the

person to live independently or achieve independence.

(3) No agreement under subsection (1) may be entered into or remains in

force after the person's 20th birthday.

(4) A person who is affected by a decision respecting the refusal or

failure to enter into an agreement under subsection (1) or the terms or

termination of that agreement may appeal the decision to an Appeal Panel in

accordance with

section 120 of the Act.

Duty to keep records

6 For the purposes of

section 127 of the Act, the following persons are

required to keep records with respect to a child who is the subject of an

investigation, agreement or order under the Act or any predecessor to the

Act:

(

a) a director;

(

b) an officer of a licensed adoption agency.

Repeal

7 The General Regulation (AR 192/85) is repealed.

Expiry

8 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be repassed in

its present or an amended form following a review, this Regulation expires

on March 31, 2007.

Coming into force

9 This Regulation comes into force on April 1, 2002.

SCHEDULE 1

FORM 1

SUPPORT AGREEMENT WITH

A GUARDIAN OR CUSTODIAN

1 Regarding the child(ren):

(name) , born (date) , ID#

(name) , born (date) , ID#

2 Agreement

This agreement is made according to

section 8(1) of the Child Welfare

Act.

This agreement is between a director and (name) of

(address) , who is this child's guardian custodian.

We agree that this agreement will be effective from (date) to

(date) unless cancelled earlier.

We agree that if one of us wants to cancel this agreement, we will

provide a letter to the other person that sets a date for the agreement to

end.

We have seen and agree to the service plan of (date)

that is attached to this agreement. We also agree that we can make

changes to the service plan if both of us agree to them.

3 Signatures

(guardian/custodian) (date)

(director's delegate) (date)

FORM 2

SUPPORT AGREEMENT WITH A CHILD

1 Regarding the child (name) , born (date)

2 Agreement

This agreement is made according to

section 8(2) of the Child Welfare

Act.

This agreement is between a director and (name) of

(address) , who is the child.

We agree that this agreement will be effective from (date) to

(date) unless cancelled earlier.

We agree that if one of us wants to cancel this agreement, we will

provide a letter to the other person that sets a date for the agreement to

end.

We have seen and agree to the service plan of (date) that is

attached to this agreement. We also agree that we can make changes to the

service plan if both of us agree to them.

3 Signatures

(child) , (date)

(director's delegate) , (date)

FORM 3

CUSTODY AGREEMENT WITH A GUARDIAN

1 Regarding the child (name) , born (date)

Personal Health Number

2 Agreement

This agreement is made according to

section 9(1) of the Child Welfare

Act.

This agreement is between a director and (name) of

(address) , who is this child's guardian.

We agree that this agreement will be effective from (date) to

(date) unless cancelled earlier.

We agree that if one of us wants to cancel this agreement, we will

provide a letter to the other person that sets a date for the agreement to

end.

We agree to the terms set out below.

3 Terms

 We agree that the guardian will have the following contact with

the child:

 The guardian agrees that the director may:

decide about daily routines

decide about recreational activities

enrol the child in school or vocational activities

decide about religious or cultural activities

consent to ordinary medical or dental care

consent to emergency treatment or surgical procedures

consent to employment

consent to obtaining recreational licences and permits

(except a firearms permit or driver's licence)

other

 The guardian agrees to contribute the following toward

maintaining the child:

dental costs

optical costs

prescription drugs

school fees

clothing

recreational costs

counselling fees

other

cash payments of $ per month. These payments will be

made on the (day) of every month, starting (date) .

a one-time cash payment of $ to be paid by (date)

 The guardian will make all cash payments to:

the Minister of Finance by supplying them to the child welfare

office at (address) .

the Director of Maintenance Enforcement at (address) .

 We have seen and agree to the service plan of (date)

that is attached to this agreement. We also agree that we can make changes

to the service plan if both of us agree to them.

4 Signatures

(guardian) (date)

(director's delegate) (date)

FORM 4

CUSTODY AGREEMENT WITH A CHILD

1 Regarding the child (name) , born (date)

Personal Health Number

2 Agreement

This agreement is made according to

section 9(2) of the Child Welfare

Act.

This agreement is between a director and (name) of

(address) , who is the child.

We agree that this agreement will be effective from (date) to

(date) unless cancelled earlier.

We agree that if one of us wants to cancel this agreement, we will

provide a letter to the other person that sets a date for the agreement to

end.

We have seen and agree to the service plan of (date) that is

attached to this agreement. We also agree that we can make changes to the

service plan if both of us agree to them.

4 Signatures

(child) (date)

(director's delegate)

(date)

FORM 5

PERMANENT GUARDIANSHIP AGREEMENT

1 Regarding the child (name) , born (date)

2 Introduction

The guardians of this child have asked the director to take over

guardianship of the child.

We understand that once we enter this agreement:

 anyone who is now a guardian of the child will no longer be a

guardian;

 the director will become the child's only guardian;

 a guardian may end this agreement within 10 days after signing

it. To end the agreement, the guardian must give the director a written

request.

3 Agreement

This agreement is made according to

section 11 of the Child Welfare

Act.

This agreement is between a director and (names) , who are

all of the guardians of the child. We agree that the director will assume

guardianship of the child.

4 Signatures

(guardian) (date) (witness)

(guardian) (date) (witness)

(director's delegate) (date) (witness)

FORM 6

ACCESS, MAINTENANCE OR

CONSULTATION AGREEMENT

1 Regarding the child (name) , born (date)

2 Agreement

This agreement is made according to:

section 10 of the Child Welfare Act (custody agreement with a

child)

section 14 of the Child Welfare Act (temporary guardianship

order)

section 34 of the Child Welfare Act (permanent guardianship

order)

This agreement is between a director and (name) of

(address) .

This agreement replaces the agreement we entered on (date) .

We agree that this agreement will be effective from (date) to

(date) .

(NOTE: the expiry date may not be after the expiry date of the custody

agreement or guardianship order.)

This agreement may be replaced only if both of us agree. To replace this

agreement, we will enter a new agreement.

To cancel this agreement:

 if there are no terms of maintenance, one of us will

provide a letter to the other person that sets a date for the agreement to

end.

 if there are terms of maintenance, only the director may

cancel the agreement.

We agree to the terms set out below.

3 Terms

Terms of Access (only if temporary or permanent guardianship)

We agree that (name) may have the following contact with this

child:

Terms of Maintenance (only if custody agreement or temporary guardianship)

 The guardian agrees to contribute the following toward maintaining

this child:

dental costs

optical costs

prescription drugs

school fees

clothing

recreational costs

counselling fees

other

cash payments of $ per month. These payments will be

made on the (day) of every month, starting (date) .

a one-time cash payment of $ to be paid by

(date) .

 The guardian will make all cash payments to:

the Minister of Finance by supplying them to the child welfare

office at (address) .

the Director of Maintenance Enforcement at (address) .

Terms of Consultation (only if temporary guardianship)

The director agrees to discuss the following matters with the guardian:

Other Terms (only if temporary guardianship)

4 Consent to Access by a

Child 12 Years of Age or Over

(Complete if this agreement is with someone

who is not a guardian)

My name is (name) . I consent to the terms of access in

this agreement.

(child's signature) (date)

5 Signatures

(guardian or other person) (date)

(director's delegate) (date)

FORM 7

SECURE TREATMENT CERTIFICATE

1 Regarding the child (name) , born (date)

2 Certificate

This certificate is issued by a director under

section 43 of the

Child Welfare Act.

This certificate is the authority for confining this child in a

secure treatment institution.

The director authorizes any person to confine the child in a secure

treatment institution from (date) to (date) .

The secure treatment institution is (name) at

(address) .

3 Affidavit

My name is (name of director's delegate) . I have the authority

to act for a Child Welfare Director.

I have reasonable and probable grounds to believe that the child is

suffering from a mental or behavioural disorder, that the child is in a

condition presenting a danger to the child or others and that it is

necessary to confine the child in order to remedy or alleviate the disorder

because:

SWORN BEFORE ME at the of )

, in the Province )

of Alberta, the day of , )

A.D. . ) (director's delegate)

Notary Public or Commissioner for Oaths

4 Notice

This is your notice that I will be appearing in Court to show cause

why this certificate was issued.

The Court hearing will be at (address) on (date) .

A judge will hear my information as soon as possible after (time)

If you want to speak to the judge about my information, you must

attend the hearing.

The child may be represented by a lawyer at any appearance before the

Court. The nearest office of the Legal Aid Society is (address)

, (phone) .

FORM 8

HANDICAPPED CHILDREN'S SERVICES AGREEMENT

The information given by the Guardian on this form is collected under the

authority of the Child Welfare Act for the purposes of making this

Agreement. The collection and use of the information is undertaken in

compliance with the provisions of the Freedom of Information and Protection

of Privacy Act. If you have any questions about the collection and use of

this information, you may contact your worker.

IN RESPECT of the child

Last name

First name

Middle name

Birthdate

HCS I.D. number

who resides at (child's address)

AND IN ACCORDANCE WITH

section 106 of the Child Welfare Act, THIS AGREEMENT

IS MADE BETWEEN the legal guardian (called "the Guardian")

(Guardian's Name) Home Phone No.

(address) Work Phone No.

and a Director or authorized designate (called the "Director"). In

recognition that the child is diagnosed with , the

Guardian and the Director agree as follows:

1 The Director will provide the following:

2 The Guardian is responsible for:

(

a) all costs normally associated with providing

everyday care for the child;

(

b) accessing any benefits or insurance plans available

to the Guardian, including dental coverage;

(

c) hiring, employing and supervising any service

providers needed to assist in caring for the child and complying with all

relevant employment standards and Canada Customs and Revenue Agency

requirements.

[add additional terms as required.]

3 The Guardian will provide medical insurance coverage under the

Alberta Health Care Insurance Plan and, when necessary, hospital or

optional health services insurance coverage for the child. The contract

number(

s) for health care insurance are:

Alberta Health Care Insurance - Child's Personal Health No.

Other Health Care Insurance, (eg. Blue Cross) , No.

4(1) Where litigation may result from the child's disabilities, the

Guardian agrees to notify the Director of any legal action planned or

commenced, including settlement discussions and the filing of court

documents. The Director may then ensure that the costs of future services

for the child, which would have been payable under any future Handicapped

Children's Services Agreements, are included and sought in the legal

action.

(2) If as a result of the child's disabilities, the Guardian or the

child has already received damages or compensation from any source,

including a legal action, prior to signing this Agreement, the Guardian

agrees to inform the Director of the amounts and the nature of the damages

or compensation received.

(3) Where compensation or damages as a result of the child's

disabilities are received by the Guardian or the child during the term of

this Agreement, the Guardian agrees to renegotiate this Agreement so that

any amounts currently paid for under this Handicapped Children's Services

Agreement for which the family or the child received damages or

compensation are no longer funded by Handicapped Children's Services.

[Choose clause 5 only when the child is maintained financially by the

Director.]

5 The Guardian acknowledges that where the Director is paying for the

maintenance of the child who lives in a residence other than the Guardian's

residence, the Canada Child Tax Benefit will be paid to the Director.

[Choose clause 6 only when the day to day decision making responsibility is

delegated to the Director. This would apply only when the child moves into

a government operated facility. This would not apply to situations where

the Guardian seeks support from a community based service provider.]

6 The Guardian delegates to the Director the responsibility for

decision making relating to the day to day care of the child while the

child resides in a Government operated facility.

7 The Guardian agrees to spend the funds provided under this Agreement

strictly in accordance with the terms of this Agreement, and the Guardian

understands and agrees that the Guardian is responsible for paying for any

services provided to the child that exceed the costs as agreed to by the

Director under this Agreement.

8 The Guardian understands that the misuse of funds or the giving of

false, misleading or inaccurate information in order to obtain services

from the Director may result in a civil action or criminal charges.

9 The Guardian understands that the Guardian has the right to appeal to

the Child Welfare Appeal Panel a refusal or failure of the Director to

enter into a Handicapped Children's Services Agreement within 30 days of

being notified of the Director's decision.

10 This Agreement is effective from (date) to (date)

unless cancelled by the Director or by the Guardian.

11 This Agreement revokes previous Handicapped Children's Services

Agreements and Addenda to Agreements, if any, previously signed by the

Guardian and a Director respecting the child.

12 This Agreement or any of its terms may be amended or varied in

writing with the consent of both the Guardian and the Director.

13 The Guardian understands that, before signing this Agreement, the

Guardian has the right to have this Agreement reviewed by a lawyer.

Agreed to and signed by:

(guardian)

(date)

(director's delegate)

(date)

(Name of HCS worker)

(Child and Family Services Authority Office)

(Agreement Number)

FORM 9

NOTICE OF APPEAL TO THE APPEAL PANEL

1 My name is (name) . My address is (address) . My

telephone number is (telephone number) .

2 Right to Appeal

I am a child

I am a guardian of a child

I am under 20 years old and when I turned 18, I had an

agreement with a director or was under the director's guardianship

I am a foster parent or other person who has had the continuous

care of a child for more than 6 of the 12 months immediately preceding the

decision of a director

I applied to a director to become a foster parent and my

application was refused

I was approved by a director as a foster parent and my approval

has been withdrawn

I applied to a director to have a child placed in my home for

the purpose of adopting the child and my application was refused

I applied to a licensed adoption agency to have a child placed

in my home for the purpose of adopting the child and my application was

refused

I hold an adoption agency licence or I am applying for an

adoption agency licence

I hold a search agency licence or I am applying for a search

agency licence

I am the Minister

3 Notice

I have been affected by the decision of

a Child Welfare Director

a licensed adoption agency

I was told about the decision on (date) .

The decision was about (if the decision was about a child, give

the child's name and birthdate) .

The decision I am appealing is .

(Signature of person appealing) (date)

FORM 10

CARE AND MAINTENANCE AGREEMENT

1 Regarding the young person (name) , born (date) .

2 Agreement

This agreement is made according to

section 35(2) of the Child

Welfare Act.

This agreement is between a director and (name) of

(address) , who is the young person.

We agree that this agreement will be effective from (date) to

(date) unless cancelled earlier.

(NOTE: the expiry date may not be after the young person's 20th

birthday.)

We agree that if one of us wants to cancel the agreement, we will

provide a letter to the other person that sets a date for the agreement to

end.

We have seen and agree to the service plan of (date) that is

attached to this agreement. We also agree that we can make changes to the

service plan if both of us agree to them.

3 Signatures

(young person) (date)

(director's delegate) (date)

SCHEDULE 2

The following are secure treatment institutions:

(

a) Youth Assessment Centre (High Prairie);

(

b) Youth Assessment Centre (Lac La Biche);

(

c) Youth Assessment Centre (Red Deer);

(

d) Yellowhead Youth Centre (Edmonton);

(

e) Hull Child and Family Services (Calgary);

(

f) Sifton Children's Centre (Lethbridge);

(

g) Central Peace Group Home (Rycroft).

------------------------------

Alberta Regulation 39/2002

Child Welfare Act

COURT RULES AND FORMS REGULATION

Filed: March 20, 2002

Made by the Lieutenant Governor in Council (O.C. 115/2002) on March 20,

2002 pursuant to

section 131 of the Child Welfare Act.

Table of Contents

Definition 1

Court practice and procedure 2

Non-compliance with this Regulation 3

Personal service 4

Application 5

No application procedure in Act 6

Forms 7

Expert witness 8

Repeal 9

Expiry 10

Coming into force 11

Schedule

Definition

1 In this Regulation "Act" means the Child Welfare Act.

Court practice and procedure

2(1) In any matter not provided for in the Act or this Regulation, the

practice and procedure in the Court is to be regulated, wherever possible,

by analogy to the Alberta Rules of Court and the procedures followed in the

Court of Queen's Bench.

(2) The Court may give directions respecting any practice or procedure in

the Court.

(3) The Court on application may

(

a) vary a rule of practice or procedure,

(

b) refuse to apply a rule of practice or procedure, or

(

c) direct that some other practice or procedure be followed.

Non-compliance with this Regulation

3(1) Unless the Court so directs, non-compliance with this Regulation does

not render any act or proceeding void, but the act or proceeding may be set

aside either wholly or in part as irregular or amended or otherwise dealt

with.

(2) No proceeding shall be defeated on the ground of an alleged defect of

form.

Personal service

4(1) Personal service is effected on an individual by leaving with the

individual a copy of the document to be served.

(2) Personal service is effected on a corporation by leaving a copy of the

document to be served with the mayor, reeve, president, chairman or other

head officer by whatever name that person is known, or with the manager,

office manager, cashier, secretary or agent.

Application

5(1) An application under the Act is to be commenced by completing and

filing the form prescribed in the

Schedule with the clerk of the Court

before the Court hears the application.

(2) Notwithstanding subsection (1), the Court may hear an application

before the relevant form is filed with the clerk of the Court.

(3) Notwithstanding subsection (1), notice of an application is not

insufficient merely because the relevant form was not filed before it was

served on the person notified.

No application procedure in Act

6 If no procedure for an application to the Court is provided in the Act,

the application is to be commenced by completing and filing Form 25 in the

Schedule.

Forms

7 The forms to be used in any application to the Court under the Act are

the forms in the Schedule.

Expert witness

8(1) A party intending to call an expert witness at a proceeding shall, at

the earliest possible time, serve on every other party to the action a

notice containing

(

a) the name and qualifications of the expert witness,

(

b) a statement that summarizes the matters expected to be dealt

with by the expert witness, and

(

c) a statement that contains the substance of the opinion of the

expert witness,

and if the party intending to call the expert witness intends to offer in

evidence a report by the expert witness, that party shall, without

prejudice to the right of any party to object to its admission in evidence,

serve a copy of the report on every other party to the action as soon as is

reasonably practicable.

(2) Unless subsection (1) has been complied with, a party may not call an

expert witness to testify without the leave of the Court.

Repeal

9 The Court Rules and Forms Regulation (AR 184/85) is repealed.

Expiry

10 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be repassed in

its present or an amended form following a review, this Regulation expires

on March 31, 2007.

Coming into force

11 This Regulation comes into force on April 1, 2002.

SCHEDULE

FORM 1

NOTICE AND APPLICATION TO TERMINATE

A PERMANENT GUARDIANSHIP AGREEMENT

In the Provincial Court of Alberta

In the Matter of the Child Welfare Act

1 Regarding the child (name) , born (date)

My name is (name) .

I am this child's parent. My address is (address) .

I am a child welfare worker. I have the authority to act for a

Child Welfare Director.

2 Notice

This is your notice that I will be applying to the Court for an order

under the Child Welfare Act terminating the permanent guardianship

agreement regarding this child. A copy of my application is below this

notice.

The court hearing will be at (address) on (date) .

A judge will hear my application as soon as possible after (time).

If you want to speak to the judge about my application, you must attend the

hearing.

At the end of the hearing, the judge may make an order.

If you do not attend the court hearing, the judge may still make an

order.

3 Application

This child is the subject of a permanent guardianship agreement

entered (date) . A director is the child's only guardian.

I am applying for an order terminating the permanent guardianship

agreement regarding the child.

I am a parent of the child. I am applying for a further

order:

declaring that I am a parent of the child

appointing me as a guardian of the child

directing that the child be placed in the

custody of (name of guardian)

terminating the guardianship of (name of

guardian)

the consent of the guardian is attached to this

application

I am a child welfare worker. I believe that the child

should be returned to the guardianship of the person who was the guardian

of the child before the agreement was entered.

I am applying for this order because

(applicant's signature) (date)

FORM 2

NOTICE AND APPLICATION

FOR A SUPERVISION ORDER

In the Provincial Court of Alberta

In the Matter of the Child Welfare Act

1 Regarding the child (name) , born (date)

My name is (name) . I am a child welfare worker. I have

the authority to act for a Child Welfare Director.

2 Notice

This is your notice that I will be applying to the Court for a

supervision order under the Child Welfare Act regarding this child. A copy

of my application is below this notice. A supervision order entitles the

director to supervise the child and anyone who lives with the child.

The court hearing will be at (address) on (date) .

The judge will hear my application as soon as possible after (time).

If you want to speak to the judge about my application, you must attend the

hearing.

At the end of the hearing, the judge may make the order applied for

or may make any other order the judge considers necessary to protect the

child.

If you do not attend the court hearing, the judge may still make an

order.

3 Application

I am applying for a supervision order regarding this child.

The child needs protective services.

To protect the child's survival, security or development, the child

and (name) who lives with the child need supervision because

I recommend the following terms of supervision:

(applicant's signature) (date)

FORM 3

NOTICE AND APPLICATION

FOR A TEMPORARY GUARDIANSHIP ORDER

In the Provincial Court of Alberta

In the Matter of the Child Welfare Act

1 Regarding the child (name) , born (date) .

My name is (name) . I am a child welfare worker. I have

the authority to act for a Child Welfare Director.

2 Notice

This is your notice that I will be applying to the Court for a

temporary guardianship order under the Child Welfare Act regarding this

child. A copy of my application is below this notice. A temporary

guardianship order makes the director a guardian of the child. The

director takes over responsibility for the child's care during the time of

the order.

The court hearing will be at (address) on (date) .

The judge will hear my application as soon as possible after (time).

If you want to speak to the judge about my application, you must attend the

hearing.

At the end of the hearing, the judge may make the order applied for

or may make any other order the judge considers necessary to protect the

child.

If you do not attend the court hearing, the judge may still make an

order.

3 Application

I am applying for a temporary guardianship order regarding this

child. The child needs protective services. To protect the child's

survival, security or development, the child cannot remain with the

guardian because

I believe that within a reasonable time:

the child can be returned to the guardian, or

the child will be able to live without a guardian.

I am also applying for an order:

setting out the type and amount of contact the

child will have with (name)

setting out the matters the director must discuss

with (name of guardian)

requiring (name) to make payments of $

(amount) towards the child's maintenance.

I am also applying for an order requiring (name) to be

assessed to determine whether that person can properly take care of the

child if the child returns to live with that person.

(applicant's signature) (date)

FORM 4

NOTICE AND APPLICATION FOR TERMS

OF A TEMPORARY GUARDIANSHIP ORDER

In the Provincial Court of Alberta

In the Matter of the Child Welfare Act

1 Regarding the child (name) , born (date)

My name is (name) .

I am the child.

My relationship to the child is (e.g. guardian) .

My birth date is (date)

My address is (address)

I am a child welfare worker. I have the authority to act

for a Child Welfare Director.

2 Notice

This is your notice that I will be applying to the Court for an order

under the Child Welfare Act setting terms for the temporary guardianship of

this child. A copy of my application is below this notice.

The court hearing will be at (address) on (date) .

A judge will hear my application as soon as possible after (time).

If you want to speak to the judge about my application, you must attend the

hearing.

At the end of the hearing, the judge may make an order. The judge

may make an order different from what I apply for. If you do not attend

the court hearing, the judge may still make an order.

3 Application

I am applying for terms for the temporary guardianship order

regarding this child granted on (date) .

I am applying for an order:

setting out the type and amount of contact

the child will have with (name)

setting out the matters the director must

discuss with (name of guardian)

requiring (name) to make payments

of $ (amount) towards the child's maintenance.

I am applying for an order requiring (name) to be

assessed to determine whether that person can properly take care of the

child if the child returns to live with that person.

(applicant's signature) (date)

FORM 5

NOTICE AND APPLICATION FOR A REVIEW

In the Provincial Court of Alberta

In the Matter of the Child Welfare Act

1 Regarding the child (name) , born (date)

My name is (name) .

I am the child.

My relationship to the child is (e.g. guardian) .

My birth date is (date)

My address is (address)

I am a child welfare worker. I have the authority to act

for a Child Welfare Director.

2 Notice

This is your notice that I will be applying to the Court for a review

under the Child Welfare Act of the (type of order) order regarding this

child. A copy of my application is below this notice.

The court hearing will be at (address) on (date) .

A judge will hear my application as soon as possible after (time).

If you want to speak to the judge about my application, you must attend the

hearing.

At the end of the hearing, the judge may make the order applied for

or may make any other order the judge considers necessary to protect the

child.

If you do not attend the court hearing, the judge may still make an

order.

3 Application

I am applying for a review of the (type of order) order

regarding this child granted on (date) for a period of

(duration).

I am applying for an order to:

renew the existing order.

vary the existing order.

terminate the existing order.

I am applying to terminate the existing order and replace it

with:

a supervision order.

a temporary guardianship order.

a permanent guardianship order.

I am applying for this review because

(applicant's signature) (date)

FORM 6

NOTICE AND APPLICATION BY A DIRECTOR FOR A

PERMANENT GUARDIANSHIP ORDER

In the Provincial Court of Alberta

In the Matter of the Child Welfare Act

1 Regarding the child (name) , born (date)

My name is (name) .

I am a child welfare worker. I have the authority to act for a Child

Welfare Director.

2 Notice

This is your notice that I will be applying to the Court for a

permanent guardianship order under the Child Welfare Act regarding this

child. A copy of my application is below this notice. A permanent

guardianship order makes the director the child's only guardian. The

director takes over all the child's care.

The court hearing will be at (address) on (date) .

A judge will hear my application as soon as possible after (time).

If you want to speak to the judge about my application, you must attend the

hearing.

At the end of the hearing, the judge may make the order applied for

or may make any other order the judge considers necessary to protect the

child.

If you do not attend the court hearing, the judge may still make an

order.

3 Application

I am applying for a permanent guardianship order regarding this

child. The child needs protective services. To protect the child's

survival, security or development, the child cannot live with the guardian

because

I do not believe that the child can be returned to the guardian

within a reasonable time.

I am also applying for an order that (name) make

payments of $ (amount) towards the child's maintenance.

I am also applying for an order setting out the type and amount

of contact the child will have with (name) .

(applicant's signature) (date)

FORM 7

NOTICE AND APPLICATION BY A GUARDIAN FOR A

PERMANENT GUARDIANSHIP ORDER

In the Provincial Court of Alberta

In the Matter of the Child Welfare Act

1 Regarding the child (name) , born (date)

My name is (name) .

My birth date is (date) .

I am a guardian of this child. My address is (address) .

2 Notice

This is your notice that I will be applying to the Court for a

permanent guardianship order under the Child Welfare Act regarding this

child. A copy of my application is below this notice. A permanent

guardianship order makes the director the child's only guardian. The

director takes over all the child's care.

The court hearing will be at (address) on (date) .

A judge will hear my application as soon as possible after (time).

If you want to speak to the judge about my application, you must attend the

hearing.

At the end of the hearing, the judge may make the order applied for

or may make any other order the judge considers necessary to protect the

child.

If you do not attend the court hearing, the judge may still make an

order.

3 Application

I am applying for a permanent guardianship order. I want to give up

this child to the director because

(applicant's signature) (date)

FORM 8

NOTICE AND APPLICATION FOR ACCESS

OR MAINTENANCE UNDER A

PERMANENT GUARDIANSHIP ORDER

In the Provincial Court of Alberta

In the Matter of the Child Welfare Act

1 Regarding the child (name) , born (date)

My name is (name) .

I am the child.

My relationship to the child is (e.g. guardian) .

My birth date is (date)

My address is (address)

I am a child welfare worker. I have the authority to act

for a Child Welfare Director.

2 Notice

This is your notice that I will be applying to the Court for an order

under the Child Welfare Act setting terms for the permanent guardianship of

this child. A copy of my application is below this notice.

The court hearing will be at (address) on (date) .

A judge will hear my application as soon as possible after (time).

If you want to speak to the judge about my application, you must attend the

hearing.

At the end of the hearing, the judge may make an order. The judge

may make an order different from what I apply for.

If you do not attend the court hearing, the judge may still make an

order.

3 Application

A permanent guardianship order regarding this child was granted on

(date) .

I am applying for an order:

requiring (name) to make payments of $

(amount) towards the child's maintenance.

setting out the type and amount of contact the child will have

with (name) , because

(applicant's signature) (date)

FORM 9

APPLICATION FOR AN APPREHENSION ORDER

In the Provincial Court of Alberta

In the Matter of the Child Welfare Act

1 Regarding the child (name) , born (date)

My name is (name) .

I am a child welfare worker. I have the authority to act for a Child

Welfare Director.

2 Application

I am applying for an order under

section 19 of the Child Welfare Act

authorizing the director to apprehend this child.

authorizing the director, a child welfare worker or (name)

, and any peace officer called on to assist, to enter, by force if

necessary, the place or premises specified in my declaration below and to

search for and apprehend the child.

authorizing the director, a child welfare worker or (name)

, and any peace officer called on to assist, to enter, by force if

necessary, the place or premises specified in my declaration below and to

search for and remove the child for the purpose of returning the child to

the custody of the director.

3 Declaration

In support of my application, I solemnly declare

I have reasonable and probable grounds to believe that this

child needs protective services because

I have reasonable and probable grounds to believe that the

child may be found at (address)

The child was in the custody of the director and left or was

removed from that custody without the consent of the director. I have

reasonable and probable grounds to believe that the child may be found at

(address) and I make this solemn declaration conscientiously

believing it to be true and knowing that it is of the same force and effect

as if made under oath.

DECLARED BEFORE ME at the of )

, in the Province )

of Alberta, the day of , ) (applicant's

A.D. . ) signature)

Notary Public or Commissioner for Oaths )

FORM 10

IN THE PROVINCIAL COURT OF ALBERTA

IN THE MATTER OF ,

BORN ON ,

A CHILD WITHIN THE MEANING OF

THE CHILD WELFARE ACT

Before Honour day, the

Judge day of

at , , 20

Alberta

APPREHENSION ORDER

WHEREAS (name) , authorized by a director, has applied for an order

authorizing the apprehension of the child;

AND

WHEREAS I am satisfied that

the applicant has reasonable and probable grounds to believe

that the child is in need of protective services;

the child is in the custody of a director, has left or been

removed from that custody without the consent of the director and the

director has reasonable and probable grounds to believe that the child may

be found in a place or premises;

IT IS ORDERED THAT the director, or any person authorized by the director,

may apprehend the child forthwith;

IT IS FURTHER ORDERED THAT the director, a child welfare worker or

(name) , and any peace officer called upon to assist, may enter (place

or premises) , using force if necessary, in order to search for and

apprehend the child.

(Judge or Clerk of the Court)

FORM 11

DEMAND NOTICE FOR AN EARLY HEARING

1 Regarding each of the children

(name) , born (date)

(name) , born (date)

My name is (name) .

I am a guardian of the child.

2 Notice

To the director or a child welfare worker authorized to act for the

director.

This child has been apprehended.

Because I do not want to wait for up to 10 days for a hearing about

the child, I demand that a hearing be held about the child on the next

working day after you receive this notice.

You may give me a notice about the time and place of the hearing:

in writing at (address) ,

by telephone at (number(s)) .

3 Signature

(guardian's signature) , (date)

FORM 12

APPEARANCE TO SHOW CAUSE FOR CONFINEMENT

In the Provincial Court of Alberta

In the Matter of the Child Welfare Act

1 Regarding the child (name) , born (date)

My name is (name) .

I am a child welfare worker. I have the authority to act for a Child

Welfare Director.

2 Appearance to Show Cause

This child was apprehended on (date) .

The child was confined on (date) .

I am appearing to show cause why the confinement of the child was

necessary.

3 Application

I am applying under

Section 22(7) of the Child Welfare Act for

an order authorizing the confinement of this child for a further period of

not more than 6 days.

4 Declaration

I solemnly declare:

that this child was confined because

that the child requires further confinement because

and I make this solemn declaration conscientiously believing it to be

true and knowing that it is of the same force and effect as if made under

oath.

DECLARED BEFORE ME at the of )

, in the Province )

of Alberta, the day of , ) (child welfare

A.D. . ) worker's signature)

Notary Public or Commissioner for Oaths )

FORM 13

NOTICE AND APPLICATION FOR AN ORDER

RETURNING AN APPREHENDED CHILD

In the Provincial Court of Alberta

In the Matter of the Child Welfare Act

1 Regarding the child (name) , born (date)

My name is (name) .

I am a child welfare worker. I have the authority to act for a Child

Welfare Director.

2 Notice

This is your notice that I will be applying to the Court for an order

under the Child Welfare Act returning this child to the custody of the

guardian. A copy of my application is below this notice.

The court hearing will be at (address) on (date) .

A judge will hear my application as soon as possible after (time).

If you want to speak to the judge about my application, you must attend the

hearing.

At the end of the hearing, the judge may make the order applied for

or may make any other order the judge considers necessary to protect the

child.

If you do not attend the court hearing, the judge may still make an

order.

3 Application

I am applying for an order returning this child to the custody of the

guardian.

The child was apprehended on (date) .

I believe that the child can be returned to the guardian because

(applicant's signature) (date)

FORM 14

NOTICE AND APPLICATION FOR

A TREATMENT ORDER

In the Provincial Court of Alberta

In the Matter of the Child Welfare Act

1 Regarding the child (name) , born (date)

My name is (name) .

I am a child welfare worker. I have the authority to act for a Child

Welfare Director.

2 Notice

This is your notice that I will be applying to the Court for an order

under the Child Welfare Act authorizing treatment for this child. A copy

of my application is below this notice.

The court hearing will be at (address) on (date) .

A judge will hear my application as soon as possible after (time).

If you want to speak to the judge about my application, you must attend the

hearing.

At the end of the hearing, the judge may make an order.

If you do not attend the court hearing, the judge may still make an

order.

3 Application

I am applying for an order authorizing (describe needed treatment)

for this child.

The child was apprehended on (date) .

The guardian refuses to consent to this treatment, which is

recommended by (name of physician or dentist) of (address)

because

(applicant's signature) (date)

FORM 15

NOTICE AND APPLICATION FOR A

JOINT GUARDIANSHIP ORDER

In the Provincial Court of Alberta

In the Matter of the Child Welfare Act

1 Regarding the child (name) , born (date)

My name is (name) .

My birth date is (date) .

My address is (address) .

2 Notice

This is your notice that I will be applying to the Court for a joint

guardianship order under the Child Welfare Act regarding this child. A

copy of my application is below this notice.

The court hearing will be at (address) on (date) .

A judge will hear my application as soon as possible after (time).

3 Application

I am applying for a joint guardianship order regarding this child.

The child is the subject of

a permanent guardianship order granted on (date)

a permanent guardianship agreement made on (date)

I am over the age of 18 years and I am capable of assuming and

willing to assume the responsibility of joint guardianship of the child.

My significant and continuing relationship with the child has been

My appointment will be beneficial to the child because

(applicant's signature) (date)

FORM 16

NOTICE AND APPLICATION FOR

A SECURE TREATMENT ORDER

In the Provincial Court of Alberta

In the Matter of the Child Welfare Act

1 Regarding the child (name) , born (date)

My name is (name) .

I am a child welfare worker. I have the authority to act for a Child

Welfare Director.

2 Notice

This is your notice that I will be applying to the Court for a secure

treatment order under the Child Welfare Act regarding this child. A copy

of my application is below this notice. A secure treatment order

authorizes the director to confine the child in a secure treatment

institution.

The court hearing will be at (address) on (date) .

A judge will hear my application as soon as possible after (time).

If you want to speak to the judge about my application, you must attend the

hearing.

At the end of the hearing, the judge may make an order.

If you do not attend the court hearing, the judge may still make an

order.

3 Application

This child

is the subject of a temporary guardianship order granted on

(date) for a period of (duration)

is the subject of a permanent guardianship order granted on

(date)

was apprehended on (date)

I am applying for

a secure treatment order regarding the child

a renewal of the first secure treatment order regarding the

child, granted on (date)

a renewal of the secure treatment renewal order regarding the

child, granted on (date)

I believe that the child is suffering from a mental or behavioural

disorder, that the child is in a condition presenting a danger to himself

or others and that it is necessary to confine the child in order to remedy

or alleviate the disorder because

(applicant's signature) (date)

FORM 17

IN THE PROVINCIAL COURT OF ALBERTA

IN THE MATTER OF ,

BORN ON ,

A CHILD WITHIN THE MEANING OF

THE CHILD WELFARE ACT

Before Honour day, the

Judge day of

at , , 20

Alberta

SECURE TREATMENT ORDER

WHEREAS (name) , authorized by a director, has applied for secure

treatment in respect of (name) ;

AND

WHEREAS I am satisfied that

the child is suffering from a mental or behavioural disorder,

the child is in a condition presenting a danger to himself or others,

and

it is necessary to confine the child in order to remedy or alleviate

the disorder;

IT IS ORDERED that the child be confined in a secure treatment institution

specified by a director for days commencing forthwith and

terminating on the (date) .

(Judge or Clerk of the Court)

TAKE NOTICE THAT:

1 The reasons for the confinement are:

2 The period of confinement will be for days and will

terminate on (date) .

3 The order may be reviewed or appealed on the application of the

child, the child's guardian or a director.

4 A copy of the form prescribed for making an application for a

review may be obtained from the person in charge of the secure treatment

institution in which the child is detained.

5 The child may be represented by a lawy