© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Revised Statutes of Alberta 2000

Chapter C-12 Current as of March 26, 2026 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT

Copyright and Permission Statement The Government of Alberta, through the Alberta King’s Printer, holds copyright for all Alberta legislation. Alberta King’s Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and copyright is acknowledged in the following format: © Alberta King’s Printer, 20__.* *The year of first publication of the legal materials is to be completed.

Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Amendments Not in Force This consolidation incorporates only those amendments in force on the consolidation date shown on the cover. It does not include the following amendments: 2020 c35 s10 amends s109(1)(b).

Regulations The following is a list of the regulations made under the Child, Youth and Family Enhancement Act that are filed as Alberta Regulations under the Regulations Act Alta. Reg.

Amendments Child, Youth and Family Enhancement Act Adoption ...................................................... .. 187/2004 ......... 68/2008, 117/2008, 251/2009, 164/2010, 31/2012, 192/2013, 85/2017, 121/2018, 33/2019, 241/2020, 242/2020, 98/2023, 222/2025 Child, Youth and Family Enhancement ......... 160/2004 ......... 218/2004, 163/2006, 35/2007, 68/2008, 277/2009, 31/2012, 194/2012, 192/2013, 147/2014, 85/2017, 121/2018, 31/2019, 81/2019, 8/2020, 167/2020, 299/2020, 6/2021, 89/2023, 98/2023, 164/2025, 194/2025 Court Rules and Forms ................................... 39/2002 ........... 145/2004, 68/2008, 276/2009, 164/2010, 227/2011, 31/2012, 187/2013, 207/2014, 85/2016, 79/2017, 88/2018, 207/2018, 15/2021, 218/2022, 76/2023, 98/2023, 216/2025 Publication Ban (Court Applications and Orders) ............................................... 207/2014 ......... 85/2016, 180/2022, 218/2022, 76/2023 Residential Facilities Licensing...................... 161/2004 ......... 252/2009, 192/2013, 85/2017, 121/2018, 32/2019, 166/2020, 7/2021, 118/2022, 223/2025 Resource Rebate ............................................. 47/2006 ........... 13/2016, 215/2025

1 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT

Chapter C-12 Table of Contents 1

Interpretation 1 . 1 Guiding principles 2 Matters to be considered 2.1 Procedural rights 3.1 Alternative dispute resolution

Part 1 Intervention Services Division 1 Preliminary Matters 4 Reporting child in need 5 Peace officer 6 Investigation and response 7 Emergency care Division 2 Agreements 8 Family enhancement agreement 9 Custody agreement 1 0 Terms of custody agreement 1 1 Permanent guardianship agreement 1 2 Termination of permanent guardianship agreement 1 3 Application for order to terminate agreement 1 4 Access agreements 1 5 Minor parent Division 3 Court Orders 1 6 Supervision order application 1 7 Temporary guardianship application

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Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 2 1 8 Permanent guardianship application 1 9 Apprehension order 19.1 Apprehension in another province 2 0 Notice of apprehension 2 1 Court application after apprehension 21.1 Initial custody 2 2 Custody on apprehension 22.1 Health care on apprehension 22.2 Health care under guardianship 2 3 Notice of application 2 4 Exclusion from hearing 2 6 Adjournments 2 7 General powers of Court 2 8 Supervision order 2 9 Breach of supervision order 3 0 Restraining order 3 1 Temporary guardianship order 3 2 Review of supervision or temporary guardianship order 3 3 Total cumulative time i n the care of a director 3 4 Permanent guardianship order 34.1 Report on guardianship 3 5 Termination of permanent guardianship agreement or order 35.1 Application by former guardian 3 8 Parents ’ marriage 3 9 Right to custody 4 0 Duration of order 4 2 Death of child Division 4 Secure services 43.1 Secure services certificate 43.2 Application for secure services order by telecommunication 4 4 Secure services order 44.1 Renewal of

section 43.1 and 44 orders 44.2 Exclusion from proceedings 4 5 Secure treatment facility 4 6 Transfer 4 7 Leave of absence 4 8 Search and apprehension order 4 9 R e v i e w 5 0 Order of Court on review 5 1 Adjournment and extension of confinement

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Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 3 Division 5 Private Guardianship 5 2 Private guardianship 5 3 N o t i c e 53.1 Band participation in proceedings 5 5 Consent to guardianship 5 6 Private guardianship order 56.2 Review of contact terms in order 5 7 Effect of order 57.01 Private guardianship of Indigenous child 57.1 Termination of order Division 6 Agreements with Youths 57.2 Family enhancement custody agreements 57.3 Post-18 care and maintenance Division 7 Child Support Agreements and Orders 57.4 Child support agreement 57.5 Child support order 57.6 Review of child support order 57.7 Transfer of child support order 57.8 Financial information

Part 2 Adoption 5 8

Interpretation 58.1 Matters to be considered Division 1 Adoption Process 5 9 Consent to adoption 6 0 Automatic joint guardianship status 6 1 Revocation of consent 6 2 Application for adoption order 6 3 Documentation to accompany application 6 4 Service of notice of hearing 6 6 Investigation by the Minister 6 7 Consultation with band of First Nation child 6 8 Court proceedings 6 9 Direct placement adoption 7 0 Adoption order

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Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 4 7 1 Subsequent application 71.1 Adoption of Indigenous child 7 2 Effect of adoption order 72.1 Adoption of non-resident of Canada 7 3 Effect of foreign order 73.1 Setting aside an adoption order 7 4 Distribution of adoption order Division 2 Adoption Information 74.1 Sealed information 74.2 Right to disclosure 74.4 General disclosure 7 5 Matching applications for volu ntary disclosure of identities Division 4 Offences 8 3 Prohibition on payment 84 Prohibition on facilitation 8 5 Prohibition on advertising 8 6 Offence and penalty Division 5 Licensing of Adoption Agencies 8 7 Application for licence 8 8 Licence 88.1 Licence required 8 9 Suspension, cancellation and refusal of licence 9 0 Surrender of licence, etc. 9 1 Right to enter premises Division 6 Intercountry Adoption with Respect to Designated States 9 2

Interpretation 9 3 Scope of Division 6 9 4 Paramountcy 9 5 Intercountry adoptions 9 6 Central Authority for Alberta 9 7 Central Authority duties 9 8 Apply to adopt 9 9 Report on applicants 100 Decision on adoption

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Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 5 101 Pre-existing relationship termination 102 Recognition of the adoption 103 Prohibition on contact 104 Regulations

Part 3 Licensing of Residential Facilities 105.1 Definition 105.2 Licence required 105.3 Application for licence 105.31 Varying a licence 105.4 Standards 105.5 Inspection 105.6 Order after inspection 105.7 Suspension or cancellation of licence

Part 3.1 Quality Assurance 105.71

Definitions 105.74 Director’s duty 105.771 Review by designated individual 105.78 Designated individual must not give evidence 105.79 Communications privileged 105.791 Protection from liability 105.7921 Public reporting of serious injury, death or incident 105.793 Publication of statistics , findings, recommendations

Part 4 General 105.795 Financial assistance for chil dren formerly under permanent guardianship 105.797 Information and verification First Nation Child 107 Band involvement in planning for services Evidence 108 Witnesses 109 Confidential evidence 110 Age of child Court Proceedings 111 Right to appear

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Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 6 112 Legal representative Maintenance 113 Enforcement of maintenance Appeals to Court of King’s Bench 114 Appeal to Court of King’s Bench 115 Stay of order 116 Procedure on appeal 117 Decision of Court Administrative Decision 117.1 Administrative review Appeal to an Appeal Panel 118 Appeal Panel 119 Power of the Appeal Panel 120 Appeal to the Appeal Panel Appeals of Appeal Panel Decisions to Court of King’s Bench 120.1 Procedure on appeal 120.2 Decision of court General 121 Delegation 122 Agreements 123 Engagement of consultants 124 Minor guardian 124.1 Reciprocal agreement 125 Foreign orders and agreements 126 Confidentiality 126.1 Privileged information 126.11 Applying for information 126.12 References to guardian 126.2 Ban on publication 126.3 Application for publication ba n respecting deceased child 127 Records 128 Maintenance by the Minister 128.1 Alberta Resource Rebate 129 Appointments 130 Offence 131 Regulations

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Section 1

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 7 131.1 Restriction

Part 5 Review, Transitional, Repeal and Coming into Force 131.2 R e v i e w 132 Transitional 133 Repeals s58(1)(

a) and

(2) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation 1(1) In this Act, (

a) repealed 2018 c24 s2; (a.1) “adoption order” means an order made under

section 70; (a.2) “adoption services” means any service provided under

Part 2; (a.3) “Appeal Panel” means an Appeal Panel established under

Part 4; (a.4) “band” means band within the meaning of the Indian Act (Canada); (b) “biological father” means the man (

i) who is married to the biolo gical mother at the time of the birth of the child, (ii) acknowledged by the biological mother as the biological father of the child, (iii) declared by a co urt to be the biological father of the child, or (iv) who satisfies a director that he is the biological father of the child; (c) “biological mother” means the woman who gave birth to the child; (d) “child” means a person u nder the age of 18 years and includes a youth unless specifically stated otherwise;

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Section 1

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 8 (

e) repealed 2013 cB-7.5 s9; (f) “Child and Youth Advocate” means the person appointed as the Child and Youth Advocate under

section 2 of the Child and Youth Advocate Act; (g) “council of the band” means council of the band within the meaning of the Indian Act (Canada); (h) “Court” means the Court of Justice; (h.1) “custodian” means a custodian as defined in the Health Information Act; (i) “custody agreement” mean s an agreement entered into under

section 9 or 57.2(2); (j) “director” means a person designated by the Minister as a director for the purposes of this Act and the Protection of Sexually Exploited Children Act and without limiting the generality of the foregoing includes a person designated as a director in accordance with an agreement under

section 122(2) of this Act; (j.1) “family enhancement agreement” means an agreement entered into under

section 8 or 57.2(1); (j.2) “family enhancement servi ces” means any service provided under a family enhancement agreement and care provided under

section 7; (j.3) “First Nation Individual” means an Indian as defined in the Indian Act (Canada); (k) “foster parent” means a person approved as a foster parent by a director; (l) “guardian” means (

i) a person who is or is appointed a guardian of the child under

Part 2 of the Family Law Act, or (ii) a person who is a guardian of the child under an agreement or order made pursuant to this Act; (l.1) “health information” means health information as defined in the Health Information Act; (

m) repealed 2018 c24 s2;

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Section 1

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 9 (m.01) “Indigenous” includes F irst Nations, Metis and Inuit; (m.1) “intervention services” means any services, including protective services, provided to a child or family under this Act except for services provided under

Part 2 or

Part 3; (m.2) “marital status” includes, on and after the coming into force of the Adult Interdependent Relationships Act, an adult interdependent partner as defined in that Act; (n) “Minister” means the Minist er determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (o) “peace officer” means a me mber of a municipal police service, a member of the Royal Canadian Mounted Police, or a peace officer appointed under the Peace Officer Act for the purposes of this Act; (p) “permanent guardianship agreement” means an agreement entered into under

section 11; (q) “permanent guardianship order” means a permanent guardianship order made under

section 34; (q.01) “personal information” m eans personal information as defined in the Protection of Privacy Act; (q.02) “police officer” means a police officer as defined in the Police Act; (q.1) repealed 2008 c31 s2; (r) “private guardianship order” means a private guardianship order made under

section 56; (s) “protective services” means any service provided to a child who either (

i) is in the custody of a director, or (ii) is the subject of a supervision order, temporary guardianship order or permanent guardianship agreement or order; (s.1) “public body” means a public body as defined in the Protection of Privacy Act; (t) “qualified person” means a qualified person as prescribed in the regulations;

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Section 1

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 10 (t.1) “reserve” means reserv e within the meaning of the Indian Act (Canada); (u) “secure services certifi cate” means a secure services certificate issued under

section 43.1; (v) “secure services facility” means a facility designated by the Minister, by regulation, as a secure services facility; (w) “secure services order” mean s a secure services order made under

Part 1, Division 4; (

x) repealed 2003 c16 s3; (x.1) repealed 2008 c31 s2; (y) “supervision order” means a supervision order made under

section 28 and includes a renewal order; (z), (aa) repealed 2003 c16 s3; (bb) “temporary guardianship order” means a temporary guardianship order made under

section 31 and includes a renewal order; (cc) “youth” means a child who is 16 years of age or older.

(2) For the purposes of this Act, a child is in need of intervention if there are reasonable and probable grounds to believe that the safety, security or development of the child is endangered because of any of the following: (

a) the child has been abandoned or lost; (

b) the guardian of the child is dead and the child has no oth er guardian; (

c) the child is negl ected by the guardian; (

d) the child has been or there is substantial risk that the child will be physically injured or sexually abused by the guardian of the child; (

e) the guardian of the child is unable or unwilling to protect the child from physical injury or sexual abuse; (

f) the child has been emotionally injured by the guardian of the child;

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Section 1

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 11 (

g) the guardian of the child is unable or unwilling to protect the child from emotional injury; (

h) the guardian of the child has subjected the child to or is unable or unwilling to protect the child from cruel and unusual treatment or punishment. (

i) repealed 2003 c16 s3.

(2.1) For the purposes of subsection (2)(c), a child is neglected if the guardian (

a) is unable or unwilling to provide the child with the necessities of life, (

b) is unable or unwilling to obt ain for the child, or to permit the child to receive, essential medical, surgical or other remedial treatment that is necessary for the health or well-being of the child, or (

c) is unable or unwilling to provide the child with adequate care or supervision.

(3) For the purposes of this Act, (

a) a child is emotionally injured (

i) if there is impairment of t he child’s mental or emotional functioning or development, and (ii) if there are reas onable and probable grounds to believe that the emotional injury is the result of (

A) rejection, (A.1) emotional, social, cognitive or physiological neglect, (

B) deprivation of affection or cognitive stimulation, (

C) exposure to family violence or severe domestic disharmony, (

D) inappropriate criticism, threats, humiliation, accusations or expectations of or toward the child, (

E) the mental or emotional condition of the guardian of the child or of anyone living in the same residence as the child;

RSA 2000

Section 1.1

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 12 (

F) chronic alcohol or drug abuse by the guardian or by anyone living in the same residence as the child; (

b) a child is physically injur ed if there is substantial and observable injury to any part of the child’s body as a result of the non-accidental application of force or an agent to the child’s body that is evidenced by a laceration, a contusion, an abrasion, a scar, a fracture or other bony injury, a dislocation, a sprain, hemorrhaging, the rupture of viscus, a burn, a scald, frostbite, the loss or alteration of consciousness or physiological functioning or the loss of hair or teeth; (

c) a child is sexually abused if the child is inappropriately exposed or subjected to sexual contact, activity or behaviour including prostitution related activities.

(4) Subject to this Act, a person who is a guardian of a child under an agreement or order made under this Act is a guardian under the Family Law Act.

(5) For the purposes of this Act, a child is in the custody of a director if (

a) the child has been apprehended under

section 19 and has no t been returned to the custody of the child’s guardian, (

b) the child is the subject of a custody order under

section 21.1(2)(

a) or an interim order for custody under

section 21.1 or 26, or (

c) the child is the subject of a custody agreement.

(6) For the purposes of this Act, subject to the regulations, an adult maintains or maintained their usual residence in Alberta if the adult has continuously resided in Alberta for at least 6 months or continuously resided in Alberta for at least 6 months immediately preceding the time the adult applied for an adoption order or placement, as the case may be. RSA 2000 cC-12 s1;2002 c8 s21;2002 c9 s2;2003 cF-4.5 s113;2003 c16 s3; 2004 c16 s2;2006 cP-3.5 s34;2007 c8 s12;2008 c31 s2;2011 cC-11.5 s26; 2013 cB-7.5 s9;2018 c24 ss2,32;2019 c10 s2;2020 c39 s3;AR 75/2023; AR 141/2025 Guiding principles 1.1 This Act must be interpreted and administered in accordance with the following principles: (

a) the best interests, safety and well-being of children are paramount;

RSA 2000

Section 2

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 13 (

b) the well-being of families and communities is crucial to the well-being of children; (

c) children benefit from (

i) lasting relationships with people with whom they have connections, including family, friends, caregivers and other significant individuals, (ii) connections with their culture and cultural communities and opportunities to form those connections, and (iii) permanent, formalized tie s with people who care about them; (

d) Indigenous people should be involved with respect to the planning and provision of services to and decisions respecting Indigenous families and their children. 2018 c24 s3 Matters to be considered 2(1) If a child is in need of intervention, a court, an Appeal Panel and all persons who exercise any authority or make any decision under this Act relating to the child must do so in the best interests of the child and must consider the following as well as any other relevant matter: (

a) the child’s family has the primary responsibility for the safety and well-being of the child and the family’s well-being should be supported and preserved; (

b) if the child is capable of forming an opinion, the child’s opinion should be taken into account; (

c) in the case of an Indigenous child, the importance of respecting, supporting and preserving the child’s Indigenous identity, culture, heritage, spirituality, language and traditions; (

d) the benefits to the child of lasting relationships with th e people with whom the child is connected, including family, friends, caregivers and other significant individuals; (

e) the benefits to the child of connections with the child’s culture and cultural communities and opportunities to form those connections; (

f) the child’s race, spiritual b eliefs, colour, gender, gender identity, gender expression, age, ancestry, place of origin,

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Section 2

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 14 family status, sexual orientation and any disability the child may have; (

g) the importance of stability , permanence and continuity of care and relationships to the child’s long-term safety and well-being; (

h) any decision concerning the removal of the child from the child’s family should take into account the risk to the safety, security or development of the child if the child remains with the family, is removed from the family or is returned to the family; (

i) subject to clause (h), if the child has been exposed to family violence within the child’s family, intervention services should be provided to the family in a manner that supports family members and prevents the need to remove the child from the custody of an abused family member; (

j) any decision concerning the placement of the child outside the child’s family must include a plan to address the child’s need for permanent, formalized ties to people who care about the child and must take into account (

i) the benefits to the child o f a placement within the child’s extended family, or with persons who have a significant relationship with the child, (ii) the benefits to the child o f a placement within or as close as possible to the child’s home community, (iii) in the case of an Indigen ous child, the benefits to the child of a placement where the child’s Indigenous identity, culture, heritage, spirituality, language and traditions will be respected, supported and preserved, (iv) the benefits to the child of a placement where the child’s familial, cultural, social, linguistic and spiritual heritage are valued as central to the child’s safety, security and development, and (

v) the mental, emotional, spiritual and physical needs of the child and the child’s mental, emotional and physical stage of development; (

k) in the case of a child who has a disability, planning for the care of the child should address the need for resources and supports adequate to the unique needs of the child;

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Section 2.1

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 15 (

l) in the case of a youth who is being provided with care und er this Act, the plan for the care of the youth should address the youth’s need for preparation for the transition to independence and adulthood; (

m) there should be no unreasonable delay in making or implementing a decision respecting the child.

(2) Nothing in subsection (1) shall be interpreted as derogating from the obligation to report a child in need under

section 4. RSA 2000 cC-12 s2;2003 c16 s4;2018 c24 s4 Procedural rights 2.1 A director, when it is appropriate, must inform a child of the child’s procedural rights under this Act. 2003 c16 s5 3 Repealed 2011 cC-11.5 s26. Alternative dispute resolution 3.1(1) Subject to the regulations, a child, the guardian of a child or a person who in the opinion of a director has a significant connection to a child may, with the agreement of the director, enter into alternative dispute resolution, as defined in the regulations, with the director with respect to any decision made by the director with respect to the child.

(2) All information provided orally during alternative dispute resolution is confidential and is the privileged information of the person providing it, and all documents and records created as a result of alternative dispute resolution are confidential and are privileged documents and records of the person creating them.

(3) No person shall disclose or be compelled to disclose the documents, records or information described in subsection (2) except (

a) with the consent of all who participated in the alternativ e dispute resolution, (

b) if disclosure is necessary to make or to carry out an agreement under this Act, (

c) if disclosure is pursuant to an order of the Court granted with the consent of all the parties to the Court application, (

d) to the extent that the disc losure is necessary to protect the safety, security or development of the child, or

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Section 4

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 16 (

e) for the purposes of disclosure required by

section 4.

(4) If there is a conflict or inconsistency between subsection (2) or (3) and the Access to Information Act, subsection (2) or (3) prevails despite that Act.

(5) No action may be brought against a person who conducts alternative dispute resolution under this

section for any act done or omitted to be done with respect to the alternative dispute resolution unless it is proved that the person acted maliciously and without reasonable and probable cause. 2003 c16 s7;2004 c16 s4;2018 c24 s32;AR 141/2025

Part 1 Intervention Services Division 1 Preliminary Matters Reporting child in need 4(1) Any person who has reasonable and probable grounds to believe that a child is in need of intervention shall forthwith report the matter to (

a) a director, or (

b) a police officer.

(1.1) A referral received pursuant to

section 35 of the Youth Criminal Justice Act (Canada) is deemed to be a report made under subsection (1).

(1.2) A police officer who receives a report pursuant to subsection (1)(

b) shall report the matter to a director as soon as practicable. (2) Subsection (1) applies notwithstanding that the information on which the belief is founded is confidential and its disclosure is prohibited under any other Act.

(3) This

section does not apply to information that is privileged as a result of a solicitor-client relationship.

(4) No action lies against a person reporting pursuant to this section, including a person who reports information referred to in subsection (3), unless the reporting is done maliciously or without reasonable and probable grounds for the belief.

(5) Notwithstanding and in addition to any other penalty provided by this Act, if a director has reasonable and probable grounds to believe that a person has not complied with subsection (1) and that

RSA 2000

Section 5

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 17 person is registered under

an Act regulating a profession or occupation prescribed in the regulations, the director shall advise the appropriate governing body of that profession or occupation of the failure to comply.

(6) Any person who fails to comply with subsection (1) is guilty of an offence and liable to a fine of not more than $10 000 or to imprisonment for a term of not more than 6 months, or to both a fine and imprisonment. RSA 2000 cC-12 s4;2003 c16 s9;2019 c10 s3 Peace officer 5 If a peace officer, on reasonable and probable grounds, believes that a child committed an offence under

an Act of the Parliament of Canada while the child was under the age of 12 years, the peace officer may report the matter to a director. 1984 cC-8.1 s4 Investigation and response 6(1) If a director receives information in the form of (

a) a request for intervention services, (

b) a report under

section 4 or 5, or (

c) any other allegation or evide nce that a child may be in need of intervention, the director must investigate the child’s need for intervention unless the director is satisfied that the information was provided maliciously or is unfounded or that the report or allegation was made without reasonable and probable grounds.

(2) During an investigation, a director may convey a child to any place in order to complete the investigation if in the opinion of the director it is necessary.

(3) If, after an investigation referred to in subsection (1), the director is of the opinion that the child is in need of intervention, (

a) the director must, (

i) if the director is satisfied that it is consistent with th e child’s need for intervention, provide family enhancement services to the child or to the child’s family in accordance with this Act, or (ii) if the director is not sa tisfied that the child’s need for intervention can be met under subclause (i), take whatever action under this Act that the director considers

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Section 7

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 18 appropriate, including the provision of protective services in accordance with this Act, a n d (

b) the director may, if the di rector is satisfied that it is consistent with the child’s need for intervention, convey the child to the person who has custody of the child or to a person who is temporarily caring for the child.

(4) If family enhancement services are provided to the child or to the child’s family, the person or a member of the organization providing those services must report to the director any matter respecting the child that may require further investigation by the director.

RSA 2000 cC-12 s6;2003 c16 s10;2008 c31 s4 Emergency care 7(1) If a director is satisfied that without the provision of emergency care a child may be in need of intervention because the guardian of the child cannot be located after a reasonable search or has died or become incapacitated, the director may appoint a person to care for the child until the guardian can be located or other satisfactory arrangements can be made for the care of the child, and the director may convey the child for the purpose of placing the child in the care of that person.

(2) The person appointed under subsection (1) may care for the child in the residence in which the child was found and for that purpose may (

a) enter the residence, (

b) live in the residence, (

c) carry on normal housekeepi ng activities in the residence that are necessary for the care of the child, and (

d) exercise reasonable control over all children residing in the residence.

(3) The person appointed under subsection (1) may care for the child in the person’s own residence for not more than 10 days.

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Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 19

(4) When a person is appointed under subsection (1), no liability attaches to that person in the course of carrying out that person’s duties under subsection (2) or to a director assisting that person in carrying out those duties by reason only of the entry into and occupation of the residence without the consent of the owner or occupier.

RSA 2000 cC-12 s7;2003 c16 s11;2008 c31 s5 Division 2 Agreements Family enhancement agreement 8(1) A director may enter into an agreement with the guardian of a child or with another person who, with the express or implied consent of the guardian or pursuant to a Court order or an agreement, has custody of the child with respect to the provision of services to the family or the child if, in the opinion of the director, (

a) the child is in need of intervention, and (

b) as a result of the provision of the services, the child’s safety, security or development will be adequately protected if the child remains with the child’s guardian or the person who has custody of the child, as the case may be.

(2) Repealed 2003 c16 s13. RSA 2000 cC-12 s8;2003 c16 s13;2018 c24 s32;2020 c23 s2 Custody agreement 9 Subject to

section 33, a director may enter into an agreement for terms of not more than 6 months each with the guardian of a child under which custody of the child is given to the director if, in the opinion of the director, (

a) the child is in need of intervention, and (

b) the safety, security or development of the child cannot be adequately protected if the child remains with the child’s guardian. RSA 2000 cC-12 s9;2003 c16 s14;2018 c24 s32;2020 c23 s2 Terms of custody agreement 10 A custody agreement between a guardian and a director shall include terms prescribing (

a) the plan for the care of the child, including a descriptio n of the services to be provided, (

b) the visits or other access to be provided between the child and the child’s guardian or any other person, and

RSA 2000

Section 11

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 20 (

c) the extent of the delegatio n of the authority of the guardian to the director. (

d) repealed 2003 c16 s15. RSA 2000 cC-12 s10;2003 c16 s15 Permanent guardianship agreement 11(1) If a child has been in the actual custody of at least one of the child’s guardians for a cumulative period of less than 6 months, all the guardians of the child and a director may enter into a permanent guardianship agreement in the prescribed form under which the director will assume the guardianship of the child.

(2) When an agreement is made pursuant to this

section (

a) the guardianship of any person who was a guardian of the child at the time the agreement was entered into is terminated, (

b) the agreement is binding on any parent who at the time the agreement was entered into was not a guardian of the child, whether or not that parent had notice of the agreement, (

c) the director is the sole guardian of the child for all pur poses, and (

d) the agreement may be terminated only pursuant to

section 12, 13, 35 or 40(2). 1984 cC-8.1 s10;1985 c16 s4;1988 c15 ss8,45 Termination of permanent guardianship agreement 12(1) A guardian who has entered into a permanent guardianship agreement under

section 11 may, within 10 days after the date of the agreement, request the director in writing to terminate the agreement and return the child who is the subject of the agreement to that guardian.

(2) Subject to subsection (3), a director who receives a request from a guardian under subsection (1) shall notify any other guardian who was a party to the permanent guardianship agreement of the request and shall place the child in the custody of the guardian who makes the request under subsection (1) within 48 hours after receiving the request or within any other period agreed to by the director and the guardian who makes the request.

(3) A permanent guardianship agreement terminates on the expiration of the 48 hours or any other period agreed to under subsection (2).

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Section 13

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 21

(4) A director who has reasonable and probable grounds to believe that the termination of a permanent guardianship agreement under this

section would render the child who is the subject of the permanent guardianship agreement in need of intervention may (

a) enter into an agreement under

section 8 or 9, or (

b) apply to the Court in the prescribed form for an order und er Division 3. RSA 2000 cC-12 s12;2003 c16 s16 Application for order to terminate agreement 13(1) A person claiming to be a parent of a child who is the subject of a permanent guardianship agreement under

section 11 may, within 10 days after the date of the agreement, apply to the Court in the prescribed form for an order terminating the agreement.

(2) An applicant under subsection (1) shall give not less than one day’s notice of the nature, time and place of the hearing of the application to (

a) a director, and (

b) a person who was a guardi an of the child immediately before the permanent guardianship agreement was entered into.

(3) Section 23(5) and (6) apply to an application under this section.

(4) The Court may adjourn the hearing of an application under this

section for not more than 15 days or for a longer period agreed to by the parties to the application.

(5) If the Court is satisfied that the applicant is a parent of the child, the Court may terminate the permanent guardianship agreement and do any one or more of the following: (

a) declare the applicant to be a parent of the child; (

b) appoint the applicant as a guardian of the child if the Co urt is satisfied that (

i) the applicant is capable of assuming and willing to assume the responsibilities of guardianship of the child, and (ii) it is in the best interests of the child that the applicant be appointed a guardian;

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Section 14

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 22 (

c) direct that the child be pl aced in the custody of any guardian of the child if the Court is satisfied that (

i) the guardian is capable of assuming and willing to assume the custody of the child, and (ii) it is in the best interests of the child that the guardia n assume the custody of the child.

(6) If the Court makes an order under subsection (5), (

a) the guardianship of any person who was a guardian of the child before the permanent guardianship agreement was entered into is revived, (

b) the guardianship of the child by the director is terminate d, and (

c) if a person is appointed as a guardian under subsection (5)(b), that person is an equal guardian of the child with any other guardian of the child.

(7) If the Court makes an order under subsection (5)(b), it may make a further order terminating the guardianship of any other guardian of the child if (

a) the Court is satisfied that the other guardian of the chil d consents to the termination, or (

b) the Court considers it necessary or desirable to do so.

(8) An order made under this

section does not come into effect until the applicant serves the director with a copy of the order. 1988 c15 s9 Access agreements 14(1) A director may enter into an agreement with (

a) a guardian of a child who is the subject of a temporary guardianship order, or (

b) any person who has a signif icant relationship with a child who is the subject of a temporary guardianship order.

(2) The agreement may include the following: (

a) the visits or other access to be provided between the child and the guardian or any other person with whom the child has a significant relationship;

RSA 2000

Section 15

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 23 (

b) the conditions, if any, und er which the director will consult with the guardians on matters affecting the child; (

c) repealed 2003 c16 s17; (

d) any other matter relating to the guardianship of the child .

(3) No agreement under subsection (1)(

b) relating to a child who is 12 years of age or older shall be made without the consent of the child. RSA 2000 cC-12 s14;2003 c16 s17;2020 c23 s2 Minor parent 15 Any agreement entered into under this Act by a person under 18 years of age is as valid as if that person had attained the age of 18. 1984 cC-8.1 s13 Division 3 Court Orders Supervision order application 16(1) A director may apply to the Court in the prescribed form for an order under

section 28 authorizing the director to provide supervision of the child and the persons with whom the child resides if, in the opinion of the director, (

a) the child is in need of intervention, (

b) supervision of the child and the persons with whom the child resides is necessary to ensure that the safety, security or development of the child is protected, and (

c) there are reasonable and probable grounds to believe that the child’s safety, security or development will be adequately protected as a result of the supervision.

(2) If a director applies under subsection (1), the director shall include with the application recommendations with respect to the terms of the proposed supervision. RSA 2000 cC-12 s16;2003 c16 s115;2018 c24 s32 Temporary guardianship application 17 A director may apply in the prescribed form to the Court for a temporary guardianship order under

section 31 in respect of a child if, in the opinion of the director, (

a) the child is in need of intervention, and

RSA 2000

Section 18

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 24 (

b) the safety, security or development of the child cannot be adequately protected if the child remains with the child’s guardian, but it can be anticipated that within a reasonable time the child may be returned to the custody of the child’s guardian or, if the child is 16 years of age or older, the child will be able to live independently. RSA 2000 cC-12 s17;2003 c16 s115;2018 c24 s32 Permanent guardianship application 18(1) A director may make an application in the prescribed form to the Court for a permanent guardianship order under

section 34 in respect of a child if, in the opinion of the director, (

a) the child is in need of intervention or is the subject of a temporary guardianship order, (

b) the safety, security or development of the child cannot adequately be protected if the child remains with or is returned to a guardian other than the director, and (

c) it cannot reason ably be anticipated that the child could or should be returned to the custody of the child’s guardian within a reasonable period of time.

(2) Repealed 2003 c16 s19. RSA 2000 cC-12 s18;2003 c16 s115;2018 c24 s32 Apprehension order 19(1) If a director has reasonable and probable grounds to believe that a child is in need of intervention, the director may make an ex parte application to a judge of the Court, or if no judge is reasonably available, to a justice of the peace, for an order (

a) authorizing the director to apprehend the child, or (

b) if the judge or justice is s atisfied that the child may be found in a place or premises, authorizing the director or any person named in the order and any peace officer called on for assistance, to enter, by force if necessary, that place or premises and to search for and apprehend the child.

(2) If (

a) a child who is in the custody of a director under Division 2 or this Division has left or been removed from the custody of the director without the consent of the director, and

RSA 2000

Section 19

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 25 (

b) the director has reasonable and probable grounds to believ e that the child may be found in a place or premises, the director may make an ex parte application to a judge of the Court or, if no judge is reasonably available, to a justice of the peace, for an order under subsection (3).

(3) A judge of the Court or a justice of the peace, if satisfied on reasonable and probable grounds that the child may be found in the place or premises, may make an order authorizing the director or any person named in the order and any peace officer called on for assistance, to enter, by force if necessary, the place or premises specified in the order and to search for and remove the child for the purpose of returning the child to the custody of the director.

(4) If a director has reasonable and probable grounds to believe that a child referred to in subsection (2) may be found in a place or premises and that the life or health of the child would be seriously and imminently endangered as a result of the time required to obtain an order under subsection (3) or (5), the director may, without an order and by force if necessary, enter that place or those premises for the purposes specified in subsection (3).

(5) If, in the opinion of the director, it would be impracticable to appear personally before a judge or justice of the peace to apply for an order in accordance with subsection (1) or (2), the director may make the application by telephone or other means of telecommunication to a judge of the Court or a justice of the peace.

(6) The information on which an application for an order by telephone or other means of telecommunication is based shall be given on oath and shall be recorded verbatim by the judge or justice who, as soon as practicable, shall cause the record or a transcription of the record, certified by the judge or justice as to time, date and contents, to be filed with the clerk of the Court.

(7) For the purposes of subsection (6), an oath may be administered by telephone or other means of telecommunication.

(8) The information submitted by telephone or other means of telecommunication shall include the following: (

a) a statement of the circumst ances that make it impracticable for the director to appear personally before a judge of the Court or a justice of the peace; (

b) the identity of the child, if known;

RSA 2000

Section 19

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 26 (

c) with respect to an application under subsection (1), a statement setting out the director’s grounds for believing that the child is in need of intervention; (

d) with respect to an application under subsection (2), a statement setting out the authority under which the director has custody of the child and the director’s grounds for believing that the child may be found in the place or premises; (

e) a statement of the directo r’s grounds for believing that the child will be found in the place or premises to be searched; (

f) a statement as to any prior application for an order under this

section in respect of the same child of which the director has knowledge.

(9) A judge of the Court or a justice of the peace referred to in subsection (5) who is satisfied that an application made by telephone or other means of telecommunication (

a) conforms to the requirements of subsection (8), and (

b) discloses reasonable grounds for dispensing with personal appearance for the purpose of making an application under subsection (1) or (2) may make an order conferring the same authority respecting search and apprehension as may be conferred under subsection (1) or (2).

(10) If a judge of the Court or a justice of the peace makes an order under subsection (9), (

a) the judge or justice shall complete and sign an order in the prescribed form, noting on its face the time, date and place at which it was made, (

b) the director, on the directio n of the judge or justice, shall complete, in duplicate, a facsimile of the order in the prescribed form, noting on its face the name of the judge or justice making the order and the time, date and place at which it was made, and (

c) the judge or justice shall , as soon as practicable after the order has been made, cause the order to be filed with the clerk of the Court.

(11) An order made by telephone or other means of telecommunication is not subject to challenge by reason only that the circumstances were not such as to make it reasonable to

RSA 2000

Section 19.1

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 27 dispense with personal appearance for the purpose of making an application under subsection (1).

(12) Notwithstanding subsection (1), a director or peace officer may apprehend a child without an order if the director or peace officer has reasonable and probable grounds to believe that the child’s life or health is seriously and imminently endangered because (

a) the child has been abandoned or lost or has no guardian, (

b) the child has left the cust ody of the child’s guardian without the consent of the guardian and, as a result, the guardian is unable to provide the child with the necessities of life, or (

c) the child has been or there is substantial risk that the child will be physically injured or sexually abused.

(13) A person who is authorized to apprehend a child under subsection (12) and who has reasonable and probable grounds to believe that the child may be found in a place or premises may, without an order and by force if necessary, enter that place or those premises and search for the child.

(14) Notwithstanding subsection (1), a director or peace officer may apprehend a child without an order if the director or peace officer has reasonable and probable grounds to believe that the child has left or been removed from the custody of the child’s guardian without the consent of the guardian. RSA 2000 cC-12 s19;2002 c9 s3;2003 c16 s20;2008 c31 s6 Apprehension in another province 19.1 If a child who is ordinarily resident in Alberta is apprehended in another province under the authority of that province’s child welfare legislation and placed in the custody of a director by that province’s child welfare authorities, the child is deemed to be apprehended under

section 19 effective on the day the child is so placed. 2002 c9 s4 Notice of apprehension 20(1) If a child has been apprehended, the director shall notify the guardian of the child forthwith (

a) that the child has been apprehended, (

b) of the intention, if any, o f the director to confine the child pursuant to

section 43.1(1), and

RSA 2000

Section 21

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 28 (

c) of the intention, if any, of the director to apply for an order pursuant to

section 43.1(3).

(2) Notice under subsection (1) may be by any method and may be oral or in writing.

(3) Notice under subsection (1) shall include a statement of the reasons for the apprehension and the telephone number of the nearest office of the Legal Aid Society of Alberta.

(4) The validity of proceedings under this Act is not affected if the director is unable, after reasonable effort, to give notice in accordance with this section. RSA 2000 cC-12 s20;2003 c16 s21 Court application after apprehension 21(1) If a child is apprehended under

section 19 and is not, within 2 days after being apprehended, returned to the custody of the child’s guardian or, in the case of a child who is ordinarily resident in another province, placed in the custody of the child welfare authorities of that other province, the director shall apply to the Court in the prescribed form for (

a) a supervision order, (

b) a temporary or permanent guardianship order, (

c) an order returning the ch ild to the custody of the child’s guardian, or (

d) in the case of a child who i s ordinarily resident in another province, an order placing the child in the custody of the child welfare authorities of that other province.

(2) Repealed RSA 2000 c26(Supp) s11.

(3) An application under subsection (1) shall be heard not more than 10 days after the child is apprehended.

(3.1) Despite

section 23(4), notice of an application under subsection (1) shall be served at least 2 days before the date fixed for the hearing.

(4) If (

a) a child is returned to the custody of the child’s guardian or placed in the custody of the child welfare authorities of the province in which the child is ordinarily resident, or

RSA 2000

Section 21.1

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 29 (

b) a family enhancement agreem ent or custody agreement is entered into in respect of the child, before the expiration of the period referred to in subsection (3), the application under subsection (1) may be withdrawn at the time and place scheduled for the hearing of the application. (5) to

(10) Repealed 2003 c16 s22.

(11) The Court, on hearing an application under this section, may (

a) if it is not satisfied that the child is in need of intervention, order the director to return the child to the custody of the child’s guardian, or (

b) if it is satisfied that the child is in need of interventi on, make any order with respect to the child that it may make under this Division. RSA 2000 cC-12 s21;RSA 2000 c26(Supp) s11; 2002 c9 s5;2003 c16 ss22,115;2005 c28 s2 Initial custody 21.1(1) If a director makes an application to the Court under

section 21(1)(

b) for a temporary guardianship order or permanent guardianship order, the director must also apply for an order for custody of the child until the application for a temporary guardianship order or for a permanent guardianship order is withdrawn or disposed of.

(2) On hearing a custody application under subsection (1), the Court must (

a) order the child into th e custody of a director, or (

b) order that the child be returned to the custody of the chi ld’s guardian until the director’s application for a temporary guardianship order or a permanent guardianship order is withdrawn or disposed of.

(3) If an order is made under subsection (2)(a), the Court may (

a) include terms for access to b e provided between the child and the guardian or any other person with whom the child has a significant relationship, and (

b) require an assessment of the child and of the child’s guardian and any other person who may be given custody of the child when the application for a temporary guardianship order is disposed of.

RSA 2000

Section 22

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 30

(4) Despite

section 26, an application under subsection (1) (

a) is

summary in nature, and (

b) may be adjourned for a peri od of no more than 14 days at a time unless the parties agree to a longer adjournment; however, the total adjournment period under this clause shall not exceed 42 days.

(5) If the Court adjourns a hearing under subsection (4), it must make an interim order providing for the custody of the child, and the order may include terms respecting access to the child.

(5.1) The Court may hear an application for an adjournment under subsection (4) by videoconference if the Court is satisfied that it is proper to do so.

(6) Repealed 2008 c31 s7. 2003 c16 s23;2004 c16 s5;2008 c31 s7;2014 c13 s16 Custody on apprehension 22 If a child has been apprehended, a director has exclusive custody of the child and is responsible for the child’s care, maintenance and well-being until the director has returned the child to the custody of the child’s guardian or an application under

section 21 has been disposed of. RSA 2000 cC-12 s22;2002 c9 s6;2003 c16 s24 Health care on apprehension 22.1(1) If the guardian of a child who has been apprehended is unable or unavailable to consent to the provision of essential medical, surgical, dental or other remedial treatment for the child that is recommended by a physician or dentist, a director may authorize the provision of any recommended treatment for the child.

(2) If the guardian of a child who has been apprehended refuses to consent to essential medical, surgical, dental or other remedial treatment for the child that is recommended by a physician or dentist, the director must apply to the Court for an order authorizing the treatment.

(3) Despite

section 23(4), notice of the date, time and place at which an application under subsection (2) is to be heard must be served not less than one day before the date fixed for the hearing.

(4) A director may make an application by telephone or other means of telecommunication to a judge of the Court in accordance with

section 19(5) to (10), in which case

section 19(11) applies to the order.

RSA 2000

Section 22.2

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 31

(5) If it is satisfied that the treatment is in the best interests of the child, the Court may authorize the treatment notwithstanding that the guardian of the child refuses to consent to the treatment.

(6) If the Court authorizes treatment under this section, the authorization extends to the conclusion of the course of treatment unless the Court orders otherwise, even if a director ceases to have custody or guardianship of the child.

(7) If a child is treated pursuant to an order under this section, no liability attaches to the person treating the child by reason only that the guardian of the child did not consent to the treatment. 2003 c16 s25 Health care under guardianship 22.2(1) If a child who is the subject of a temporary guardianship order or a permanent guardianship agreement or order refuses to consent to essential medical, surgical, dental or other remedial treatment that is recommended by a physician or dentist, the director must apply to the Court for an order authorizing the treatment.

(2) Despite

section 23(4), notice of the date, time and place at which an application under subsection (1) is to be heard must be served not less than one day before the date fixed for the hearing.

(3) If the Court authorizes treatment under this section, the authorization extends to the conclusion of the course of treatment unless the Court orders otherwise, even if a director ceases to have guardianship of the child.

(4) If a child is treated pursuant to an order under this section, no liability attaches to the person treating the child by reason only that the child did not consent to the treatment. 2003 c16 s25 Notice of application 23(1) Notice of the nature, date, time and place of every hearing under this Division shall be served by the applicant on (

a) all the guardians of the child, (

b) a director, if the app licant is not a director, (

c) the child, if the child i s 12 years of age or older, (

d) a foster parent of the child , if the child was in the continuous care of that foster parent for more than 6 months immediately preceding the application, and

RSA 2000

Section 23

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 32 (

e) any other person in whose c are the child was when the child was apprehended, if the child was in the continuous care of that person for more than 6 months immediately preceding the application.

(2) Notice under subsection (1) shall be served personally on (

a) all the guardians of the child, and (

b) the child, if the child i s 12 years of age or older.

(3) Notice under subsection (1) may be served by mail on (

a) a director, (

b) a foster parent, and (

c) a person in whose care the child was when the child was apprehended.

(4) Notice under subsection (1) shall be served at least 5 days before the date fixed for the hearing.

(5) If the Court is satisfied that it is proper to do so, the Court, on the ex parte application of the applicant at any time before the time fixed for the hearing, may do any of the following: (

a) authorize service ex juris, service by registered mail or any other form of substitutional service; (

b) if an order is made under c lause (a), extend or reduce the time within which service may be effected; (

c) if an order is made under c lause (a), extend the time within which a hearing shall be held; (

d) authorize service on a guardian appointed under the Adult Guardianship and Trusteeship Act in respect of the guardian of a child instead of on the guardian of the child; (

e) authorize the giving of a shorter period of notice; (

f) dispense with service on any person other than the directo r.

(6) Whether or not authorization has been given under subsection (5), the Court may do any of the following at the time of the hearing: (

a) approve service made in a form it considers adequate in th e circumstances;

RSA 2000

Section 24

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 33 (

b) approve a shortened per iod as sufficient notice; (

c) dispense with service on any person other than the directo r. RSA 2000 cC-12 s23;2003 c16 s26;2008 cA-4.2 s122 Exclusion from hearing 24(1) Subject to subsection (2), if the Court is satisfied that (

a) the evidence or information presented to the Court may be seriously injurious or seriously prejudicial to the child who is the subject of a hearing under this Division or to a child who is a witness at a hearing under this Division, or (

b) it would be in the interest of public morals, the maintena nce of order or the proper administration of justice to exclude any or all members of the public from the courtroom, the Court may exclude any person including a guardian of the child or the child from all or part of the proceedings if the Court considers that person’s presence to be unnecessary to the conduct of the proceedings.

(2) The Court may not exclude a director or a lawyer representing any of the parties.

(3) At the outset of a hearing under this Division, the Court shall inform the parties of their right to make an application under subsection (1) to exclude persons. RSA 2000 cC-12 s24;2003 c16 ss26.1,115; 2004 c16 s6 25 Repealed 2003 c16 s27. Adjournments 26(1) The Court may adjourn a hearing under this Division for a period of not more than 42 days or for any longer period that the Court, in its discretion, directs.

(2) If the Court adjourns a hearing, the Court must make an interim order in respect of the child who is the subject of the hearing providing for the custody of or access to the child during the adjournment.

(3) This

section does not apply to the adjournment of a hearing under

section 21.1. RSA 2000 cC-12 s26;2003 c16 ss28,115;2008 c31 s8

RSA 2000

Section 27

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 34 General powers of Court 27 After a hearing under this Division, the Court may make any order it has jurisdiction to make under this Division or Division 4 if it is satisfied as to the appropriateness of that order notwithstanding that it is not the order applied for. RSA 2000 cC-12 s27;2003 c16 s29 Supervision order 28(1) The Court may make a supervision order for a period of not more than 6 months if it is satisfied that (

a) a child is in need of intervention, and (

b) mandatory supervision of the child and a person residing with the child and the compliance by that person with the terms of the order are necessary to adequately protect the safety, security or development of the child.

(2) The Court shall consider the recommendations of the director with respect to the terms of the supervision before making an order under this section.

(3) A supervision order shall (

a) require that a director supervise the child within the residence of the child, and (

b) set out reasonable terms in respect of (

i) the frequency of visits a t the residence by a director, (ii) the assessment or treatment of the child or any person residing with the child, and (iii) any other terms that the Court considers necessary. RSA 2000 cC-12 s28;2003 c16 ss30,115;2018 c24 s32 Breach of supervision order 29(1) If, on an application by a director in the prescribed form, the Court is satisfied that a guardian or other person residing with a child has failed to comply with a term of a supervision order, the Court may, without hearing any further evidence as to the child’s need for intervention, (

a) renew, vary or extend the supervision order, or (

b) make a temporary guardi anship order or a permanent guardianship order in respect of the child.

RSA 2000

Section 30

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 35

(2) Section 23 applies to the service of notice of the time and place of the hearing of an application under subsection (1). RSA 2000 cC-12 s29;2003 c16 s31 Restraining order 30(1) If a child has been apprehended under

section 19 or is the subject of a supervision order or a temporary or permanent guardianship order and a director has reasonable and probable grounds to believe that a person has physically or emotionally injured or sexually abused the child, or is likely to physically or emotionally injure or sexually abuse the child or has encouraged or is likely to encourage the child to engage in prostitution, the director may apply to the Court of King’s Bench for either or both of the following orders: (

a) an order restraining that person from residing with the ch ild; (

b) an order restraining that person from contacting the child or associating in any way with the child.

(2) The Court of King’s Bench may make an order under this

section for periods of not more than 6 months each.

(3) If the Court of King’s Bench makes an order under this

section restraining a parent of the child, the Court may make a further order prescribing the contributions, financial or otherwise, to be made by that parent for the maintenance of the child.

(4) A person who is restrained under a restraining order may apply to the Court of King’s Bench for a review of the order.

(5) On hearing an application under subsection (4), the Court of King’s Bench may continue, vary or terminate the order. RSA 2000 cC-12 s30;2009 c53 s35;AR 217/2022 Temporary guardianship order 31(1) The Court may make an order appointing a director as a guardian of a child if it is satisfied that (

a) the child is in need of intervention, and (

b) the safety, security or development of the child may not b e adequately protected if the child remains with the child’s guardian, but it can be anticipated that within a reasonable time the child may be returned to the custody of the child’s guardian or, if the child is 16 years of age or older, the child will be able to live independently.

RSA 2000

Section 31

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 36

(2) If the Court makes an order under subsection (1), the director becomes a joint guardian with any other guardian of the child and, subject to any order under subsection (4), may exercise all of the authority of a guardian of the child to the exclusion of any other guardian except with respect to a proceeding under

Part 2, Division 1.

(3) Repealed 2003 c16 s32.

(4) On making a temporary guardianship order or at any time during its term, the Court, on the application of a director, a guardian of the child, the child if the child is 12 years of age or older or any other person with whom the child has a significant relationship, may, on being satisfied that the matter cannot be resolved by agreement or the terms of an agreement have not been complied with, and on considering the recommendations of the director, make an order prescribing (

a) the access to be provided bet ween the child and a guardian or any other person with whom the child has a significant relationship, (

b) the conditions under which the director must consult with the guardian on matters affecting the child, (

c) if recommended by a director, participation by the child o r the guardian or both in treatment or remedial programs, and (

d) any other terms that the Court considers necessary.

(5) No order under subsection (4)(

a) providing for access between a child who is 12 years of age or older and a person with whom the child has a significant relationship shall be made without the consent of the child.

(6) An order under this

section may provide that a guardian, other than the director, or any person who will have custody of the child shall, prior to the expiration of the temporary guardianship order, submit to an assessment in order to assist the director or the Court, as the case may be, to determine the fitness of the guardian or other person to assume the custody of the child when the order expires or is terminated.

(7) The Court shall consider the recommendations of the director in respect of an assessment before making an order under subsection (6). RSA 2000 cC-12 s31;2003 c16 s32;2004 c16 s7;2018 c24 s32 31.1 and 31.2 Repealed 2003 c16 s33.

RSA 2000

Section 32

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 37 Review of supervision or temporary guardianship order 32(1) If a child is the subject of a supervision order or a temporary guardianship order and the appeal period with respect to the order has expired, (

a) a director, at any time dur ing the term of the order, or (

b) a guardian of the child or the child if the child is 12 ye ars of age or older, once during the term of the order, may apply to the Court in the prescribed form for an order renewing, varying or terminating the original order or for a new order under

section 28, 31 or 34.

(2) On reviewing an order under this section, the Court may consider any matter it thinks is relevant, and shall consider the following: (

a) whether the circumstances that caused the child to be in need of intervention have changed; (

b) the intervention services that have been provided to the child or the family of the child; (

c) repealed 2008 c31 s9; (

d) whether a guardian, other than the director, has complied with the order.

(3) Unless it is satisfied that it would be in the best interests of the child to order otherwise, the Court shall, despite

section 33, extend the period of the original order pending the disposition of the application under this section. RSA 2000 cC-12 s32;2003 c16 s34;2008 c31 s9 Total cumulative time in the care of a director 33(1) For the purposes of this section, a child is in the care of a director when the child is the subject of one or more of the following: (

a) a custody agreement under

section 9 or 57.2(2); (

b) a custody order under

section 21.1(2)(a); (

c) a temporary guardianship order under subsection (3) or

section 29(1)(

b) or 31; (

d) an extension of a temporary guardianship order under

section 32(3);

RSA 2000

Section 33

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 38 (

e) an interim order granting custody to a director under sect ion 26(2).

(2) The total cumulative time during which a child is in the care of a director shall not exceed (a) 9 months if the child is under the age of 6 years, or (b) 12 months if the child is 6 years of age or older, or if t he child attains the age of 6 years while in the care of a director.

(3) If the total cumulative time during which a child is in the care of a director reaches the maximum set out in subsection (2) in respect of that child, the Court may, notwithstanding subsection (2), make one temporary guardianship order for one period of not more than 6 months if the Court is satisfied that (

a) there are good and suffi cient reasons to do so, and (

b) it can be anticipated that the child may be returned to the custody of the child’s guardian within the period of the order.

(4) The following shall not be included in a calculation under subsection (2): (

a) if a period of at least 5 years passes during which a chil d is not in the care of a director or the subject of a permanent guardianship agreement or order, any time the child was in the care of a director that preceded that period; (

b) if a child is the subject of an adoption order or a privat e guardianship order, any time the child was in the care of the director that preceded the date that order was made.

(5) Despite subsection (2), if the Court adjourns a hearing of an application for permanent guardianship, the Court shall make an interim order granting custody of the child to a director pending the disposition of the application unless it is satisfied that it would be in the best interests of the child to order otherwise.

(6) An order under subsection (5) may provide for access to the child. RSA 2000 cC-12 s33;2003 cF-5.3 s12; 2003 c16 s35; 2004 c16 s8;2005 c28 s2;2008 c31 s10;2009 c48 s2

RSA 2000

Section 34

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 39 Permanent guardianship order 34(1) The Court, on application pursuant to this Division by a director, may make a permanent guardianship order appointing the director as guardian of the child if it is satisfied that (

a) the child is in need of intervention or is the subject of a temporary guardianship order, (

b) the safety, security or development of the child cannot adequately be protected if the child remains with or is returned to the child’s guardian, and (

c) it cannot be anticipated that the child could or should be returned to the custody of the child’s guardian within a reasonable time. (2),

(3) Repealed 2003 c16 s36.

(4) If the Court makes a permanent guardianship order, the director is the sole guardian of the person of the child and the Public Trustee is the sole trustee of the estate of the child.

(5) A director shall, on request, send the Public Trustee a copy of the permanent guardianship order. (6),

(7) Repealed 2003 c16 s36.

(8) On making a permanent guardianship order or at any time during its term, the Court, on the application of a director, a former guardian of the child, the child if the child is 12 years of age or older or any other person with whom the child has a significant relationship, may make an order prescribing the access to be provided between the child and the former guardian or that other person.

(9) No order under subsection (8) relating to a child who is 12 years of age or older shall be made without the consent of the child.

(10) A director may enter into an agreement with (

a) a former guardian of a child who is the subject of a permanent guardianship order, or (

b) any person who has a signif icant relationship with a child who is the subject of a permanent guardianship order providing for visits or other access to be provided between the child and the former guardian or other person.

RSA 2000

Section 34.1

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 40

(11) No agreement under subsection (10)(

b) relating to a child who is 12 years of age or older shall be made without the consent of the child.

(12) The Court shall not make an order under subsection (8) unless it is satisfied that the access provided by the order will not interfere with the adoption of the child.

(13) If an order is made under subsection (8), a director, the child if the child is 12 years of age or older, or the person to whom access is provided in the order may apply to the Court for a review of the order.

(14) On hearing an application under subsection (13), the Court may continue, vary or terminate the original order.

RSA 2000 cC-12 s34;2003 c16 ss36,115;2018 c24 s32;2020 c23 s2 Report on guardianship 34.1 A director must, with respect to each child who is the subject of a permanent guardianship agreement or order for one year or more, report to the Minister in the manner required by the regulations regarding the plan for a permanent placement for that child. 2003 c16 s37 Termination of permanent guardianship agreement or order 35(1) If a child is the subject of a permanent guardianship agreement or order, the director, if the director is satisfied that the child should be returned to the guardianship of the person who was the guardian of the child before the agreement or order was made, may apply to the Court for an order terminating the permanent guardianship agreement or order.

(1.1) If a permanent guardianship agreement or order is terminated pursuant to subsection (1), the person, other than a director, who was the guardian immediately before the permanent guardianship agreement or order was made is the guardian of the child unless the Court orders otherwise.

(2) Repealed 2003 c16 s39. RSA 2000 cC-12 s35;2003 c16 s38 Application by former guardian 35.1(1) If a child is the subject of a permanent guardianship order, a person who was the child’s guardian immediately before the permanent guardianship order was made may apply to the Court for an order terminating the permanent guardianship order if, at the time the application is made,

RSA 2000

Section 38

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 41 (

a) the child has not been adopted, (

b) more than one year has e lapsed since the period for appealing the permanent guardianship order expired or, if the permanent guardianship order was appealed, since the appeal was disposed of, and (

c) more than 2 years has ela psed since the last application brought by the applicant under this section, if any, was disposed of.

(2) On hearing an application under subsection (1), the Court may (

a) terminate the permanent guardianship order and appoint the applicant as a guardian of the child if the Court is satisfied that (

i) the applicant is capable of assuming and willing to assume the responsibilities of guardianship of the child, and (ii) it is in the best interests of the child that the applicant be appointed a guardian, (

b) make a supervision order in conjunction with an order described in clause (a), or (

c) dismiss the application. 2013 cC-12.5 s9(24) 36 and 37 Repealed 2003 c16 s39. Parents’ marriage 38 If a child is the subject of a permanent guardianship order and subsequently the biological mother and biological father of that child marry each other, the biological father of the child is deemed to have been given or served with all notices required to be given to or served on a guardian of the child before the date of the marriage.

RSA 2000 cC-12 s38;2010 c16 s1(42) Right to custody 39 A supervision order and the right of a director to the custody of a child when the child is in the custody of a director or the child is the subject of a temporary or permanent guardianship order or a permanent guardianship agreement takes precedence over the rights given by any order not made under this Act respecting custody, access, contact, parenting time or the child’s place of residence, whether that order

RSA 2000

Section 40

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 42 (

a) was granted to a person who is a party to the proceedings under this Act or not, or (

b) was granted b efore or after (

i) the child came into t he custody of a director, (ii) the making of the supervision order or the temporary or permanent guardianship order, or (iii) the execution of the perma nent guardianship agreement. RSA 2000 cC-12 s39;2003 c16 s39.1;2004 c16 s9 Duration of order 40(1) A temporary guardianship order remains in effect until (

a) the order expires or is terminated by a court, (a.1) a private guardianship order is made in respect of the c hild, (

b) the child attains the age of 18 years, or (

c) the child marries, whichever occurs first.

(2) A permanent guardianship agreement or order remains in effect until (

a) the agreement or order i s terminated by a court, (

b) a private guardianship order is made in respect of the chi ld, (

c) an adoption order is mad e in respect of the child, (

d) the child attains the age of 18 years, or (

e) the child marries, whichever occurs first. RSA 2000 cC-12 s40;2003 c16 s40 41 Repealed 2003 c16 s41. Death of child 42(1) When a child who is the subject of a permanent guardianship agreement or order dies, the director may (

a) consent to an autopsy of the body of the child, and

RSA 2000

Section 43.1

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 43 (

b) arrange for the burial or o ther disposition of the body of the child.

(2) When a child who is the subject of a temporary guardianship order dies, the director may arrange for the burial or other disposition of the body of the child if (

a) the director is unable after making reasonable efforts to locate the other guardian of the child within a reasonable time, or (

b) the other guardian of the child is unable to pay for the b urial or other disposition of the body of the child. 1984 cC-8.1 s40;1988 c15 s45 Division 4 Secure Services 43 Repealed 2003 c16 s43. Secure services certificate 43.1(1) Subject to subsection (2), if a child (

a) other than a youth who is the subject of a custody agreeme nt under

section 57.2(2), is in the custody of a director, (

b) is the subject of a supervision order, temporary guardians hip order or permanent guardianship agreement or order, or (

c) is the subject of a family enhancement agreement under

section 8, and a director has reasonable and probable grounds to believe that (

d) the child is in a condition presenting an immediate danger to the child or others, (

e) it is necessary to confine the child in order to stabilize and assess the child, and (

f) less intrusive measures are not adequate to sufficiently reduce the danger, the director may issue a secure services certificate in the prescribed form, and on issuing it the director may convey the child, and may detain the child while the child is being conveyed, to a secure services facility and may confine the child in a secure services facility.

RSA 2000

Section 43.1

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 44

(2) A director may not issue a secure services certificate respecting a child who is the subject of a supervision order, a custody agreement under

section 9 or a family enhancement agreement under

section 8 without the written consent of the guardian.

(3) If a director confines a child pursuant to subsection (1), (

a) the director must appear bef ore the Court within 3 days after the confinement to show cause why the certificate was issued, and (

b) the director may also apply in the prescribed form for a secure services order in respect of the child for a further period of not more than 7 days if it is necessary (

i) to stabilize the child, or (ii) to assess the child and p repare a plan for services.

(3.1) The Court may hear a show cause or application for a secure services order under subsection (3) by videoconference if the Court is satisfied that it is proper to do so.

(3.2) If in the opinion of the director it would be impracticable to appear personally before a judge or justice of the peace (

a) to show cause in accordance with subsection (3)(a), or (

b) to apply for an order in acc ordance with subsection (3)(b), the director may show cause or make the application to a judge of the Court by telephone or other means of telecommunication in accordance with

section 43.2.

(4) If a director confines a child pursuant to subsection (1), the director must serve on the child and on the guardian, if the guardian consented to the issuing of the secure services certificate, not more than one day after the certificate is issued (

a) a copy of the secure servi ces certificate showing the reason for confinement and the duration of the certificate, (

b) a notice of the date, time and place at which the appearance to show cause under subsection (3)(

a) will be held, and (

c) an application, if any, for a further period of confinemen t under subsection (3)(b).

(5) A secure services certificate or order is sufficient authority for any person to confine the child in a secure services facility.

RSA 2000

Section 43.2

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 45

(6) An application pursuant to subsection (3) may be heard by a judge of the Court, a judge of the Court of King’s Bench or a justice of the peace.

(7) The judge or justice of the peace that hears an application pursuant to subsection (3) may make a secure services order in respect of a child for a period of not more than 7 days if the judge or justice of the peace is satisfied that a further period of confinement is necessary (

a) to stabilize the child, or (

b) to assess the child and p repare a plan for services.

(8) If a judge or justice of the peace makes a secure services order under subsection (7), a director must (

a) serve a copy of the secure services order on the child not more than one day after it is granted, and (

b) notify a guardian of the child forthwith by any method, orally or in writing. 2003 c16 s44;2004 c16 s10;2008 c31 s11;2020 c23 s2;AR 217/2022 Application for secure services order by telecommunication 43.2(1) If the director shows cause or makes an application under

section 43.1 by telephone or other means of telecommunication, the information on which the application or show cause is based shall be given on oath and shall be recorded verbatim by a judge of the Court who, as soon as practicable, shall cause the record or a transcription of the record, certified by the judge as to time, date and contents, to be filed with the clerk of the Court.

(2) For the purposes of subsection (1), an oath may be administered by telephone or other means of telecommunication.

(3) The information submitted by telephone or other means of telecommunication must include a statement of the circumstances that make it impracticable for the director to appear personally before a judge of the Court or a justice of the peace.

(4) A judge of the Court referred to in subsection (1) may make an order under

section 43.1 if the judge is satisfied that an application made by telephone or other means of telecommunication conforms to the requirements of subsection (3).

(5) If a judge of the Court makes an order pursuant to subsection (4),

RSA 2000

Section 44

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 46 (

a) the judge shall complete and sign an order in the prescribed form, noting on its face the time, date and place at which it was made, (

b) the director, on the direction of the judge, shall complet e, in duplicate, a facsimile of the order in the prescribed form, noting on its face the name of the judge making the order and the time, date and place at which it was made, and (

c) the judge shall, as soon as practicable after the order has been made, cause the order to be filed with the clerk of the Court.

(6) An order made by telephone or other means of telecommunication is not subject to challenge by reason only that the circumstances were not such as to make it reasonable to dispense with personal appearance for the purpose of making an application. 2008 c31 s12 Secure services order 44(1) If a child (

a) other than a youth who is the subject of a custody agreeme nt under

section 57.2(2), is in the custody of a director, (

b) is the subject of a supervision order, temporary guardians hip order or permanent guardianship agreement or order, or (

c) is the subject of a family enhancement agreement under

section 8, the director may make an ex parte application to the Court for a secure services order.

(2) The Court may make a secure services order in respect of a child for a period of not more than 5 days if it is satisfied that (

a) the child is in a condition presenting an immediate danger to the child or others, (

b) it is necessary to confine the child in order to stabilize and assess the child, and (

c) less intrusive measures are not adequate to sufficiently reduce the danger.

(3) If the Court makes a secure services order under subsection (2), a director must

RSA 2000

Section 44

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 47 (

a) serve a copy of the secure services order on the child not more than one day after it is granted, and (

b) notify a guardian of the child forthwith by any method, orally or in writing.

(4) Before the termination of the secure services order granted under subsection (2), a director may apply to the Court in the prescribed form for a continuation of the secure services order and the Court may continue the secure services order for an additional period of not more than 5 days if further confinement is necessary (

a) to stabilize the child, or (

b) to assess the child and p repare a plan for services.

(5) The director must serve the child and a guardian of the child with notice of the date, time and place of the hearing of an application under subsection (4) not less than one day before the hearing date of the application.

(6) If the Court is satisfied that it is proper to do so, the Court, on the ex parte application of the director, may, at any time before the time fixed for the hearing of an application under subsection (4), do any of the following: (

a) authorize service ex juris, service by registered mail or any other form of substitutional service; (

b) if an order is made under c lause (a), extend or reduce the time within which service may be effected; (

c) if an order is made under c lause (a), extend the time within which a hearing shall be held; (

d) authorize service on a guardian appointed under the Adult Guardianship and Trusteeship Act in respect of the guardian of a child instead of on the guardian of the child; (

e) authorize the giving of a shorter period of notice; (

f) dispense with service on any person.

(6.1) Whether or not authorization has been given under subsection (6), the Court may do any of the following at the time of the hearing of an application under subsection (4): (

a) approve service made in a form it considers adequate in th e circumstances;

RSA 2000

Section 44.1

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 48 (

b) approve a shortened per iod as sufficient notice; (

c) dispense with ser vice on any person.

(7) A director must specify the secure services facility in which a child is to be confined pursuant to a secure services order.

(8) A secure services order is sufficient authority for any person to confine the child in a secure services facility.

(9) If the Court makes a secure services order, it shall (

a) inform the child of the reason for doing so, (

b) provide the child, the child’s guardian and the child’s lawyer, if any, with a copy of the order and a written statement showing (

i) the reasons for the confinement, (ii) the period of the confinement and the date on which it terminates, (iii) that the order may be reviewed or appealed on the application of the child, the child’s guardian or a director, (iv) that the child may obtain a copy of the form prescribed for making an application for a review from the person in charge of the secure services facility, and (

v) that the child may be repr esented by a lawyer at any application to the Court, (vi) repealed 2008 c31 s13, (

c) provide the child with a w ritten statement showing the address and telephone number of the Child and Youth Advocate, and (

d) provide the child’s guardian with a written statement showing the address and telephone number of the nearest office of the Legal Aid Society. RSA 2000 cC-12 s44;2003 c16 s45;2004 c16 s11; 2008 c31 s13;2017 c22 s10;2020 c23 s2 Renewal of

section 43.1 and 44 orders 44.1(1) A secure services order granted under

section 43.1 or 44 may be renewed in accordance with the application procedures of

RSA 2000

Section 44.2

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 49

section 44, except subsection (4), on the application by a director in the prescribed form for a period of not more than 20 days.

(2) The total period of confinement of a child in a secure services facility under this

section and sections 43.1 and 44 shall not exceed 30 consecutive days.

(3) Despite subsection (2), if the child ceases to be in the custody of a director or the subject of a supervision order, a temporary guardianship order, a permanent guardianship agreement or order or a family enhancement agreement under

section 8, the confinement in the secure services facility terminates immediately. 2003 c16 s46;2004 c16 s12 Exclusion from proceedings 44.2(1) Subject to subsection (2), if the Court is satisfied that (

a) the evidence or information presented to the Court may be seriously injurious or seriously prejudicial to the child who is the subject of a hearing under this Division, or (

b) it would be in the interest of public morals, the maintena nce of order or the proper administration of justice to exclude any or all members of the public from the courtroom, the Court may exclude any person, including a guardian of the child or the child, from all or part of the proceedings if the Court considers that person’s presence to be unnecessary to the conduct of the proceedings.

(2) The Court may not exclude a director or a lawyer representing any of the parties.

(3) At the outset of a hearing under this Division, the Court shall inform the parties of their right to make an application under subsection (1) to exclude persons. 2008 c31 s14 Secure treatment facility 45(1) A secure services certificate or order is sufficient authority for any peace officer or director to apprehend and convey the child named in it to the secure services facility specified by a director and to detain the child while the child is being conveyed to the secure services facility.

(2) On the issuing of a secure services certificate or order, the person in charge of the secure services facility specified by a director must admit the child to the secure services facility if the child is not already resident in that facility, and the person is responsible for ensuring that

RSA 2000

Section 46

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 50 (

a) the child is provided with services to stabilize the child in accordance with the standards prescribed for such services in the regulations, (

b) any assessment required for the preparation of a plan for services for the child is undertaken, and (

c) the level of security provided to the child meets what is reasonably required for the confinement of the child. RSA 2000 cC-12 s45;2003 c16 s47 Transfer 46 When the child named in a secure services certificate or order is in a secure services facility, a director may transfer the child to another secure services facility and the certificate or order is sufficient authority for any peace officer, director or member of the staff of the secure services facility to detain the child while the child is being transferred.

RSA 2000 cC-12 s46;2003 c16 s48 Leave of absence 47 During the term of a secure services certificate or order, a director may grant the child a leave of absence from the secure services facility for medical, humanitarian or rehabilitative reasons on any terms and conditions that the director considers necessary. RSA 2000 cC-12 s47;2003 c16 s49 Search and apprehension order 48(1) When a child who is the subject of a secure services certificate or order (

a) leaves a secure services f acility when no leave of absence has been granted, or (

b) leaves a secure services f acility pursuant to a leave of absence and fails to return within the time permitted by the leave, a director may apprehend and convey or authorize a peace officer or any other person to apprehend and convey the child, and to detain the child while the child is being conveyed, to a secure services facility.

(2) If a director has reasonable and probable grounds to believe that a child who is the subject of a secure services certificate or order (

a) has left a secure services f acility when a leave of absence has not been granted, or

RSA 2000

Section 48

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 51 (

b) has left a secure services facility pursuant to a leave of absence but has not returned within the time prescribed, the director may make an ex parte application to a judge of the Court or, if no judge is reasonably available, to a justice of the peace, for an order authorizing the director or any person named in the order and any peace officer called on for assistance, to enter, by force if necessary, any place or premises specified in the order, to search for, apprehend and convey the child to any secure services facility and to detain the child while the child is being conveyed to a secure services facility.

(3) The judge or justice may make an order under this

section if the judge or justice is satisfied that the child may be found in the place or premises specified in the order.

(4) If, in the opinion of the director, it would be impracticable to appear personally before a judge or justice of the peace to apply for an order in accordance with subsection (2), the director may make the application by telephone or other means of telecommunication to a judge of the Court or a justice of the peace.

(5) The information on which an application for an order by telephone or other means of telecommunication is based shall be given on oath and shall be recorded verbatim by the judge or justice who, as soon as practicable, shall cause the record or a transcription of the record, certified by the judge or justice as to time, date and contents, to be filed with the clerk of the Court.

(6) For the purposes of subsection (4), an oath may be administered by telephone or other means of telecommunication.

(7) The information submitted by telephone or other means of telecommunication shall include the following: (

a) a statement of the circumst ances that make it impracticable for the director to appear personally before a judge of the Court or a justice of the peace; (

b) a statement of the directo r’s belief that the child is the subject of a secure services certificate or order and (

i) has left the secure servi ces facility without a leave of absence, or (ii) has not returned to the secure services facility within the time prescribed; (

c) a statement of the directo r’s grounds for believing that the child will be found in the place or premises to be searched;

RSA 2000

Section 48

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 52 (

d) a statement as to any prior application for an order under this

section in respect of the same child of which the director has knowledge.

(8) A judge of the Court or a justice of the peace referred to in subsection (4) who is satisfied that an application made by telephone or other means of telecommunication (

a) conforms to the requirements of subsection (7), and (

b) discloses reasonable grounds for dispensing with personal appearance for the purpose of making an application under subsection (2) may make an order conferring the same authority respecting search and apprehension as may be conferred under subsection (2).

(9) If a judge of the Court or a justice of the peace makes an order under subsection (8), (

a) the judge or justice shall complete and sign an order in the prescribed form, noting on its face the time, date and place at which it was made, (

b) the director, on the directio n of the judge or justice, shall complete, in duplicate, a facsimile of the order in the prescribed form, noting on its face the name of the judge or justice making the order and the time, date and place at which it was made, and (

c) the judge or justice shall , as soon as practicable after the order has been made, cause the order to be filed with the clerk of the Court.

(10) An order made by telephone or other means of telecommunication is not subject to challenge by reason only that the circumstances were not such as to make it reasonable to dispense with personal appearance for the purpose of making an application under subsection (2).

(11) If a director or a peace officer or other person authorized under subsection (1) to apprehend a child has reasonable and probable grounds to believe that (

a) the child may be found in a place or premises, and (

b) the life or heal th of the child would be seriously and imminently endangered as a result of the time required to obtain an order under subsection (2) or (4),

RSA 2000

Section 49

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 53 the director, peace officer or other person may, without an order and by force if necessary, enter that place or those premises and search for and remove the child for the purpose of conveying the child to a secure services facility and may detain the child while the child is being conveyed to a secure services facility. RSA 2000 cC-12 s48;2002 c9 s7;2003 c16 s50; 2008 c31 s15 Review 49(1) A child with respect to whom a secure services order has been made, a guardian of the child or a director may apply to the Court in the prescribed form for a review of the order.

(2) An application for a review of a secure services order may be made (

a) by a director, at any time during the period of the order and the period of any renewal of the order, or (

b) by the child who is the subj ect of the secure services order or a guardian of the child, once during the period of the order and once during the period of any renewal of the order.

(3) The hearing of a review shall be held not more than 3 days after the application is filed with the Court or within any further period that the Court directs.

(4) If a director is not the applicant, the clerk of the Court shall notify a director of the application.

(5) The applicant shall send a notice of the date, time and place of the hearing of the review by the Court by registered mail or by any other method approved by the Court to (

a) the child, (

b) a guardian of the child if a director is not the guardian of the child, and (

c) the person in charge of t he secure services facility in which the child is confined not less than one day before the date fixed for the hearing.

(6) If the Court is satisfied that it is proper to do so, the Court, on the ex parte application of the director, may, at any time before the time fixed for the hearing, do any of the following:

RSA 2000

Section 50

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 54 (

a) authorize service ex juris, service by registered mail or any other form of substitutional service; (

b) if an order is made under c lause (a), extend or reduce the time within which service may be effected; (

c) if an order is made under c lause (a), extend the time within which a hearing shall be held; (

d) authorize service on a guardian appointed under the Adult Guardianship and Trusteeship Act in respect of the guardian of a child instead of on the guardian of the child; (

e) authorize the giving of a shorter period of notice; (

f) dispense with service on any person.

(7) Whether or not authorization has been given under subsection (6), the Court may do any of the following at the time of the hearing: (

a) approve service made in a form it considers adequate in th e circumstances; (

b) approve a shortened per iod as sufficient notice; (

c) dispense with ser vice on any person. RSA 2000 cC-12 s49; 2003 c16 s51;2004 c16 s13; 2008 c31 s16;2017 c22 s10 Order of Court on review 50(1) After hearing an application for the review of a secure services order, the Court may make an order in accordance with

section 44 confirming, varying or terminating the secure services order.

(2) An order made under subsection (1) shall not extend the period of the secure services order reviewed.

(3) The director shall provide the child, the child’s guardian, the child’s lawyer, if any, and the person in charge of the secure services facility in which the child is confined with a copy of the order made under subsection (1). RSA 2000 cC-12 s50;2003 c16 s52;2008 c31 s17 Adjournment and extension of confinement 51(1) The Court may adjourn the hearing of an application under

section 43.1, 44, 44.1 or 49 (

a) with the consent of the pa rties to the application, or

RSA 2000

Section 52

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 55 (

b) if the Court is satisfied t hat the adjournment is necessary in order to obtain evidence to assist the Court in determining whether a secure services order should be made, or confirmed, varied or terminated.

(1.1) A justice of the peace may adjourn the hearing of an application under

section 43.1(3) for a hearing before a judge of the Court (

a) with the consent of the pa rties to the application, or (

b) if the justice of the peace is satisfied that the adjournment is necessary in order to obtain evidence to assist in determining whether a secure services order should be issued.

(2) Unless it is satisfied that it would be in the best interests of the child to order otherwise, the Court shall in respect of a child who is confined under this Division extend the confinement pending the hearing of an application under

section 44 or 44.1 or the hearing of a review under

section 49, as the case may be.

(3) The number of days that the hearing of an application under

section 43.1, 44, 44.1 or 49 is adjourned shall be included in a calculation of the duration of the order made at the hearing if the child is confined in the secure services facility during the adjournment. RSA 2000 cC-12 s51;2003 c16 ss53,115;2004 c16 s14; 2005 c28 s2;2008 c31 s18 Division 5 Private Guardianship Private guardianship 52(1) Any adult may apply to the Court in the prescribed form for a private guardianship order in respect of a child who is in the custody of a director or is the subject of a temporary guardianship order or a permanent guardianship agreement or order.

(1.01) Notwithstanding any other enactment, a person may not apply to any court to be appointed as a guardian of a child who is in the custody of a director, or is the subject of a temporary guardianship order or a permanent guardianship agreement or order, except under this Act.

(1.1) An application under subsection (1) must include a home study report prepared by a qualified person respecting (

a) the suitability of the applicant as a guardian,

RSA 2000

Section 53

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 56 (

b) the ability and willingness of the applicant to assume the responsibility of a guardian with respect to the child, and (

c) whether it is in the best i nterests of the child that the applicant be appointed as a guardian of the child.

(1.2) If the child is the subject of a permanent guardianship agreement or order, the report required under subsection (1.1) must be prepared by a director.

(1.3) If an applicant has reason to believe that the child is an Indigenous child, the application under subsection (1) must include a plan that addresses how the child’s Indigenous identity, culture, heritage, spirituality, language and traditions will be respected, supported and preserved.

(2) A director may, on behalf of an applicant, make an application under subsection (1) if (

a) the applicant consents in writing, and (

b) the director is satisfied t hat it is in the best interests of the child for the child to be placed under the guardianship of the applicant. (3) to

(5) Repealed 2003 c16 s55. RSA 2000 cC-12 s52;2003 c16 s55;2008 c31 s19; 2018 c24 s5;2020 c23 s2 Notice 53(1) The applicant shall serve notice of the nature, date, time and place of the hearing of the application under

section 52, a copy of the report described in

section 52(1.1) and a copy of the plan described in

section 52(1.3) if one was required under that section, not less than 30 days before the date of the hearing on (

a) the guardian of the child, (

b) the child, if the child is 12 years of age or older, and (

c) a director, if a direct or is not the guardian.

(1.1) In addition to serving notice on the persons listed in subsection (1), if the child is a First Nation Individual or a member of a band, the applicant shall serve notice of the nature, date, time and place of the hearing of the application under

section 52 not less than 30 days before the date of the hearing on the band or bands identified by a director as the band or bands of which the child is a member or is entitled to be a member.

RSA 2000

Section 53.1

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 57

(2) The Court may, if it considers it appropriate to do so, (

a) order that service of the n otice of the application, the copy of the report described in

section 52(1.1) and the copy of the plan described in

section 52(1.3) if one was required under that section, be made substitutionally or ex juris, (

b) shorten the period of service required under subsection (1 ), or (

c) dispense with service on any band or any person other than the director. RSA 2000 cC-12 s53;2003 c16 s56;2008 c31 s20; 2018 c24 s6 Band participation in proceedings 53.1(1) A band that is required to be served with notice of an application under

section 53(1.1) may attend Court the first time the matter is heard in Court and may make submissions to the Court regarding the band’s participation in the proceedings.

(2) In any proceedings before the Court relating to the application, a band that is required to be served under

section 53(1.1) and that attends Court the first time the matter is heard in Court may (

a) appear, (

b) be represente d by a lawyer, (

c) make representations to the Court, and (

d) if the Court grants leave , and subject to any conditions the Court may impose, take further

part in the proceedings.

(3) If a band is served in accordance with

section 53(1.1) and does not attend Court the first time the matter is heard in Court, no further notice to the band is required, and the Court may proceed to hear the application if the Court considers it to be in the best interests of the child to do so.

(4) A band that makes submissions to the Court regarding the band’s participation in the proceedings may appeal the Court’s decision referred to in subsection (2)(

d) to the Court of King’s Bench. 2018 c24 s7;AR 217/2022

RSA 2000

Section 55

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 58 54 Repealed 2003 c16 s57. Consent to guardianship 55(1) A private guardianship order shall not be made without the consent in the prescribed form of (

a) the guardian of the child, and (

b) the child, if the child i s 12 years of age or older.

(2) Notwithstanding subsection (1), the Court may make an order dispensing with the consent of (

a) the guardian of the child, or (

b) the child, if the Court is satisfied that it is in the best interests of the child to do so.

(3) A consent to guardianship executed in any province or territory in a form prescribed for consents in that province or territory is as good and sufficient as if it had been executed in the form prescribed under this Act. RSA 2000 cC-12 s55;2003 c16 s58;2008 c31 s21; 2018 c24 s8 Private guardianship order 56(1) If the Court is satisfied that (

a) the applicant is able and willing to assume the responsibility of a guardian toward the child, (

b) it is in the best interests of the child, and (

c) the child has been in the co ntinuous care of the applicant for a period of at least 3 months immediately prior to the hearing, the Court may make a private guardianship order appointing the applicant as a guardian of the child.

(1.01) If it is satisfied that it is in the best interests of the child to do so, the Court may waive the requirement in subsection (1)(c).

(1.1) On making an order under subsection (1), the Court may include terms respecting custody of and contact with the child.

RSA 2000

Section 56.2

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 59

(1.2) On making an order under subsection (1) appointing a guardian of an Indigenous child, the Court shall advise the guardian of the guardian’s obligations under

section 57.01.

(2) The clerk of the Court shall provide a certified copy of an order made under subsection (1) to (

a) the applicant, (

b) any person who was a guar dian of the child immediately before the making of the order, (

c) the child, if the child is 12 years of age or older, (

d) a director, if a director was not the guardian of the chil d immediately before the making of the order, and (

e) any other person th at the Court directs. RSA 2000 cC-12 s56;2003 cF-4.5 s114;2003 c16 s59; 2008 c31 s22;2018 c24 ss9,33 56.1 Repealed 2018 c24 s10. Review of contact terms in order 56.2(1) If an order made under

section 56 includes terms respecting contact with a child, the following may apply to the Court in the prescribed form for a review of those terms: (

a) the child, if the child i s 12 years of age or older; (

b) a person who has been granted contact with the child under the order; (

c) a guardian of the child; (

d) a person who has a signific ant relationship with the child.

(2) The applicant shall send a notice of the date, time and place of the hearing of the review by the Court by registered mail or by any other method approved by the Court to (

a) the child, if the child i s 12 years of age or older, (

b) a person who has been granted contact with the child under the order, if that person is not the applicant, and (

c) a guardian of the child not less than 15 days before the date fixed for the hearing.

RSA 2000

Section 57

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 60

(3) The Court may, if it considers it appropriate to do so, (

a) order that service of the n otice of the application be made substitutionally or ex juris, (

b) shorten the period of notice required under subsection (2) , or (

c) dispense with ser vice on any person.

(4) On hearing an application under subsection (1), the Court may continue, vary or terminate the terms respecting contact contained in the order. 2008 c31 s24 Effect of order 57(1) Notwithstanding

Part 2 of the Family Law Act, for all purposes when a private guardianship order is made the applicant is a guardian of the child.

(2) Notwithstanding

Part 2 of the Family Law Act, if the Court makes a private guardianship order, it may make a further order terminating the guardianship of any other guardian of the child if (

a) the Court is satisfied that the other guardian of the chil d consents to the termination, or (

b) for reasons that appear to it to be sufficient, the Court considers it necessary or desirable to do so. (3) to

(5) Repealed 2003 c16 s61. RSA 2000 cC-12 s57;2003 cF-4.5 s113;2003 c16 s61 Private guardianship of Indigenous child 57.01 If a private guardianship order is made under

section 56 appointing a guardian of an Indigenous child, that guardian shall (

a) take reasonable steps to co mply with the plan included in the application in respect of that child under

section 52(1.3), and (

b) if the Indigenous child is a First Nation Individual, (

i) take reasonable steps on be half of the child necessary for the child to exercise any rights the child may have as a First Nation Individual, and

RSA 2000

Section 57.1

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 61 (ii) inform the child of the ch ild’s status as a First Nation Individual as soon as, in the opinion of that guardian, the child is capable of understanding the child’s status as a First Nation Individual. 2008 c31 s25;2018 c24 ss33,34,35 Termination of order 57.1(1) If a private guardianship order is made under this Division, a guardian whose guardianship is not terminated under

section 57 may apply to the Court in the prescribed form to terminate the private guardianship order and, if the Court is satisfied that (

a) the applicant is capable o f fully resuming and willing to fully resume the responsibilities of guardianship of the child, and (

b) it is in the best inter ests of the child to do so, the Court may, subject to subsection (3), terminate the private guardianship order.

(2) If the Court terminates a private guardianship order, the applicant and any other person whose guardianship was not terminated under

section 57 are the guardians of the child.

(3) No order shall be made under subsection (1) relating to a child who is 12 years of age or older without the consent of the child.

(4) Sections 53 and 55 apply to an application under this section, and the applicant must include a report described in

section 52(1.1) in the application. 2003 c16 s62 Division 6 Agreements with Youths Family enhancement, custody agreements 57.2(1) A director may enter into an agreement with a youth with respect to the provision of services to the youth if the director is (

a) satisfied that the youth is living independently of the yo uth’s guardian, and (

b) of the opinion that (

i) the youth is in need of intervention, and (ii) as a result of the provision of services, the youth’s safety, security or development will be adequately

RSA 2000

Section 57.3

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 62 protected while the youth continues to live independently of the youth’s guardian.

(2) Subject to

section 33, a director may enter into a custody agreement for terms of not more than 6 months each with a youth under which custody is given to the director if the director is (

a) satisfied that the youth is living independently of the yo uth’s guardian, and (

b) of the opinion that (

i) the youth is in need of intervention, and (ii) the survival, security and development of the youth can be adequately protected through the agreement.

(3) The terms of an agreement under this

section must include (

a) in the case of a custody agreement, the visits or other ac cess to be provided between the youth and the youth’s guardian or any other person, and (

b) a plan of care that addresses the youth’s need for prepara tion for the transition to independence and adulthood. 2003 c16 s62;2018 c24 s32;2020 c23 s2 Post-18 care and maintenance 57.3 When a youth who is the subject of a family enhancement agreement under

section 57.2(1), a custody agreement under

section 57.2(2), a temporary guardianship order or a permanent guardianship agreement or order attains the age of 18 years, a director may continue to provide the person with support and financial assistance (

a) for the periods and the purposes, and (

b) on the conditions prescribed in the regulations. 2003 c16 s62 Division 7 Child Support Agreements and Orders Child support agreement 57.4(1) If

RSA 2000

Section 57.5

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 63 (

a) a child is in the custody of a director or the subject of a temporary guardianship order or a permanent guardianship agreement or order, or (

b) a director has entered into an agreement with a child unde r

section 57.2, a director may enter into an agreement with the parent of the child whereby the parent agrees to provide child support.

(2) An agreement for child support entered into under subsection (1) does not prevent the director from applying to the Court for an order under

section 57.5. 2003 c16 s62;2004 c16 c15;2008 c31 s27;2020 c23 s2 Child support order 57.5(1) If a child is in the custody of a director or the subject of a temporary guardianship order or a permanent guardianship agreement or order or if a director has entered into an agreement with the child under

section 57.2, a director may apply in the prescribed form to the Court for an order requiring any or all of the parents of the child to provide child support.

(2) The Court on hearing an application under subsection (1) may make an order requiring a parent to provide child support.

(3) An order of the Court under subsection (2) may be retroactive in effect to the commencement of the child’s being (

a) in the custody of a director, (

b) the subject of a temporary guardianship order or a permanent guardianship agreement or order, or (

c) the subject of an agreement under

section 57.2.

(4) In making an order requiring a parent to provide child support for a child under this section, the Court may consider (

a) the income, earning capacity and other financial resources or benefits of the parent, and (

b) the child support guidelines made or adopted under the Family Law Act.

(5) Notice of the nature, date, time and place of a hearing under this

section must be served personally by the applicant on the parent of the child at least 5 days before the date fixed for the hearing.

RSA 2000

Section 57.6

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 64

(6) Section 23(5) and (6) apply to an application under this section. 2008 c31 s27 Review of child support order 57.6(1) If an order is made under

section 57.5, the following may apply to the Court for a review of the order: (

a) a director; (

b) a parent who is required to provide child support under th e order; (

c) a private guardian who is entitled under

section 57.7 to receive child support in respect of the child who is the subject of the order.

(2) On reviewing an order made under

section 57.5, the Court may vary, suspend or terminate the order or may reduce or cancel arrears if the Court is satisfied that there has been a substantial change in the ability of the parent to provide the child support.

(3) Notice of the nature, date, time and place of a hearing under this

section must be served personally by the applicant (

a) on the parent, if the appli cant is the director or a private guardian of the child referred to in subsection (1)(c), and (

b) on the director and on a private guardian of the child referred to in subsection (1)(c), if the applicant is the parent, at least 5 days before the date fixed for the hearing.

(4) Section 23(5) and (6) apply to an application under this section. 2008 c31 s27 Transfer of child support 57.7(1) If the Court makes a private guardianship order with respect to a child who is the subject of an agreement under

section 57.4 or an order under

section 57.5, the Court may direct that child support provided pursuant to the agreement or order shall be provided to the private guardian, notwithstanding that the private guardian was not a party to the agreement or the application for the order.

(2) Until the Director of Maintenance Enforcement receives a copy of the private guardianship order referred to in subsection (1), the Director of Maintenance Enforcement is not responsible for the repayment of any money disbursed by the Director of Maintenance Enforcement after the private guardianship order is made. 2008 c31 s27

RSA 2000

Section 57.8

Chapter C-12 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT 65 Financial information 57.8(1) In order to assist a director in determining terms of an agreement under

section 57.4 or to assist the Court in determining terms of an order under

section 57.5, the director may request a parent to disclose financial information.

(2) If the parent refuses to disclose the financial information requested by the director, the director may apply to the Court in the prescribed form for an order for financial disclosure.

(3) If a parent refuses to disclose financial information requested or ordered under this section, in making an order under

section 57.5, the Court may draw an adverse inference against the parent and impute income to the parent in the amount that the Court considers appropriate. 2008 c31 s27;2020 c23 s2

Part 2 Adoption

Interpretation 58(1) In this Part, (a) “Court”, notwithstanding

section 1(1)(h), means the Court of King’s Bench; (b