Bill 5 (Legislature 25, Session 4)

L25 S4 301

Alberta — Bills

Bill 5 BILL 5 2004 FAMILY SUPPORT FOR CHILDREN WITH DISABILITIES AMENDMENT ACT, 2004 ( A s s e n t e d t o , 2 0 0 4 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends SA 2003 cF-5.3 1 The Family Support for Children with Disabilities Act is amended by this Act. 2

Section 1(

c) is repealed and the following is substituted: (c) “disability” means a chronic developmental, physical, sensory, mental or neurological condition or impairment but does not include a condition for which the primary need is for medical care or health services to treat or manage the condition unless it is a chronic condition that significantly limits a child’s ability to function in normal daily living; 3 The following is added after

section 2: Decision-making criteria 2.1 When making a decision under this Act the director must consider the criteria for making a decision provided for in the regulations. 4

Section 4 is amended in subsections (1) and (3) by striking out “therapeutic services” wherever it occurs and substituting “child-focused services”.

5 The following is added after

section 4: Eligible children 4.1 Only a child who is a Canadian citizen or a permanent resident within the meaning of the Immigration and Refugee Protection Act (Canada) and who is ordinarily resident in Alberta is eligible to be the subject of an agreement. Minor guardians 4.2 Notwithstanding a guardian’s minority, a guardian who is a minor may enter into an agreement with the director with respect to the guardian’s child. 6 The following is added after

section 8: Decision-making criteria 8.1 When making a decision under this Act an appeal committee must consider the criteria for making a decision provided for in the regulations. 7

Section 10 is amended

(

a) in clause (

c) by striking out “therapeutic services” and substituting “child-focused services”; (

b) by adding the following after clause (d): (

e) respecting the criteria to be considered when making a decision under this Act. 8

Section 12 is amended by adding the following after clause (d): (

e) by repealing

section 131(2)(i). Explanatory Notes 1 Amends

chapter F-5.3 of the Statutes of Alberta, 2003. 2

Section 1(

c) presently reads: 1 In this Act, (c) “disability” means a chronic developmental, physical, sensory, mental or neurological condition or impairment, other than a condition or impairment that is primarily a medically treatable illness; 3 Decision-making criteria. 4

Section 4(1) and (3) presently read: 4(1) If

(

a) a medical diagnosis, in a format satisfactory to the director, of a child’s condition or impairment indicates that the child has a disability, and (

b) an assessment of the child, completed in a manner satisfactory to the director, indicates that the disability significantly limits the child’s ability to function in normal daily living, the director and the child’s guardian may enter into an agreement, in a form provided for in the regulations, with respect to the provision of therapeutic services.

(3) An agreement under subsection (1) must include, in accordance with the regulations, (

a) a therapeutic services plan sett ing out the services required to meet the needs of the child, and (

b) terms prescribing (

i) the nature and amount of services to be provided by the director, and (ii) the responsibilities of the guar dian with respect to the services set out in the therapeutic services plan. 5 Eligible children. Minor guardians. 6 Decision-making criteria. 7

Section 10 presently reads: 10 The Minister may make regulations

(

a) respecting forms; (

b) respecting contents of agreements under sections 3 and 4; (

c) respecting the nature and amount of family support services and therapeutic services that may be provided by a director under the terms of an agreement; (

d) respecting the standards for services to be provided pursuant to agreements under sections 3 and 4. 8 Provides for the repeal of

section 131(2)(

i) of the Child Welfare Act.

Section 131(2)(

i) presently reads:

(2) The Minister may make regulations (

i) defining “handicapped child” for the purposes of this Act; Title: 2004 (25th, 4th) Bill 5, Family Support for Children with Disabilities Amendment Act, 2004

Document details

Collection	Alberta — Bills
Citation	L25 S4 301
Type	bill
Volume / chapter	L25 S4 301
Language	en
Format	json
Source	PROVINCIAL
Identifier	6369fd730a47b1e9aa7f7b3d266b7b5d624e3493

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