Bill 75 — Second Session, 17Th Legislature, 22 Elizabeth Ii the Legislative Assembly of Alberta Bill 75 the Child Welfare Amendment Act, 1973, (No.2) (Legislature 17, Session 2)

L17 S2 5209

Alberta — Bills

1973 Bill 75 Second Session, 17th Legislature, 22 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 75 The Child Welfare Amendment Act, 1973, (No.2) THE MINISTER OF HEALTH AND SOCIAL DEVELOPMENT First Reading . . Second Reading Third Reading Printed by QUEEN'S PRINTEH for the Province of Alberta, EDMONTO~

Bill 75 BILL 75 1973 THE CHILD WELFARE AMENDMENT ACT, 1973 (NO.2) (Assented to , 1973) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Child Welfare Act is hwreby mnended.

Section 5, subsection (2), clause (

a) is amended by add ing at the end thereof the words "and provide guidance, counselling and other services to families for the protection of children".

Section 16, subsection (2) is amended by striking out the words "m'edical -superintendent or senior medical off,icer of the hospital" and by sub.stituting the words "hospital administrator" .

Section 34 is struck out and the following

section is .substituted therefor: 3,4.

(1) A parent who surrenders a child by instrument as mentioned in

section 30 may state that he has no prefer ence as to what religious denomination or faith the child is to be brought up in, and in that event the placen1ent 'Of the child is not governed by religious denomination or faith.

(2) At the time of surrendering a child by instrument as mentioned in

section 30, a parent may state (

a) that he would prefer the child to be brought up in a specific religious denomination or faith, (

b) that this statement of preference is binding for a specific time not exceeding six months, and (

c) that if the child is not placed for the purpose of adoption with a person of the stated religious de nominati'On or faith preferred by the parent within the specified time, it slhall be conclusively deemed that the parent made a statement of no preference under subsection (1) at the time of the surrender of the child.

Explanatory Notes l. This Bill will amend

chapter 45 of the Revised Statutes of Alberta 1970

Section 5, subsection (2), clause (

a) presently reads:

(2) As part of his duties the Direct,or shall (

a) arrange for the investigation of allegations or evidence that children may be in need of protection and. where ne·cessary. see that protection is provided,

Section 16, subsection (2) presently reads:

(2) Where at the Nme 10lf being apprehended a child is a patient in a hospital, the pers,on apprehending him may, upon a.dvis'ing the medical supcrintendent or senior medica[- officer of the hosp,ital, leave the child in the hospital, and thereafter the hospdtal shall. for the purposes of the disposal of the case of thechi.ld under 1ft1is' Part be deemed to be a shelter and the child to be detained therein.

Section 34 presently reads: 34.

(1) In this' section, (a) "Protestant" includes the Christian religious denominations other than Roman Catholic; (b) "Roman CathoUc" includes the Christian reHgious denominaUons in communion with the Church of Rome.

(2) A parent who surrenders a child by instrument as mentioned in

section 30 may state that he has no preference as to what religious faith the child is brought up in, and dn that event the placement of the child is not governed by religLous faith.

(3) At the time of surrendering a child by instrument as mentioned ,in

section 30, a parent may state (

a) that he would prefer the child to be brought up in the Protestant faith or in the Roman Catholic fa.ith or an a religious faith other than Protestant or Roman Catholic, (

b) that this statement of reUgious preference is binding for a specified time not exceeding six months, and (

c) that if the child is not placed for the purpose of adoption with a person of the designated religious faith within the specified time, it shall be conclus,ively deemed that the parent made a statement of no preference under subsection (2) at the time of surrender of the child.

(4) At the time of surrendering a child by anstrument as mentioned in secUon 30 the parent has the right, if the parent so wishes, to state a preference as to whether he 01' she w<ishes the child to be brought up in the Protestant faith or in the Roman Catholic faith or .in a religious faith other than Protestant or RamaH Catholic. and in that event all reasonable efforts shall be made to comply with the rreligious preference.

(3) At the time of surrendering a child by instrument as mentioned in

section 30 the parent has the right, if the parent so wishes, to state a preference as to whether he wishes the child to be brought up in a specific religious denomina'bion or faith, and in that event all reasonable 'efforts shall be made to comply with that preference.

(4) A statement of religious preference made pursuant to subsection (3) ceases to be effective upon the issue of a certificate by the Minister certifying that he is satisfied that the best interests of the child require that the place ment of the child no longer be governed by preference as to relig.ious denomination or faith.

(5) Due regard shall be given to religious denomination or faith in the placement of a child made a temporary or permanent ward of the Crown by order of a judge, but (

a) where there appears to be no suitable family, foster home or institution with which he may be placed that .is of the san1e religious denomination or faith as that of the child, or (

b) where there is a lack of evidence or knowledge of or a conflict of evidence as to the religious denomi nation or faith of the child, the case shall be referred to the COTI1mission which, in its discretion but subject to subsection (6), may provide for the placement of the child.

(6) Where a child is made a permanent ward of the Crown by order of a judge, a placement of the child for the purpose of adoption shall be with a person of the same religious denomination or faith as that of the child, but that requiren1ent ceases to be effective upon the issue of a certificate by the Minister certifying that he is satisfied that the best interests of the child require that ,the place ment of the child no longer be governed by religious de nomination or faith.

(7) This :sect1ion does not apply to the pladng of chil dren in a temporary home or an observation hom'e, shelter or diagnostic centre for children established for the pur poses of this Act, but due regard shall be given to the religious preference of a child so placed and proper time allowed for the exercise of religious duties.

Section 57, clause (

b) is amended by st,riking out the words "one year" and by substituting the word "six month". 6. This Act comes into force. on the day upon which it is assented to. 2"

(5) A statement of rel,igiolls preference made pursuant to subsection (4) ceases to be effective up,on the issue of a certificate by the Minister, at any time after one year from the date of the surrender, certifying that aH reasonable efforts have been made to comply with the religious preference, and .in. that ~vent the p.lacement of the child is no longer governed by relIgIOUS faIth.

(6) Due reg'ard shall be given to rel1igious faith in the placement of a child made a temporary or perma,nent ward of the Or.own by order of a judge, but (

a) where there appears to be no suitahle family, foster home or institution with which he may be placed that is of the same religious faith as that of ,the child, or (

b) where there lis a lack ,of evidence or knowledge of or a conflict of evidence as to the religious faith of the ,child, the case shall be referred to the Commiss,ion which, in its discretion but s'ubject to subsection (7), may provide for 'the placement of the chUd.

(7) Where a child is made a permanent ward .of the Crown by o'rder of a judge, a p'lacementof the child for the purpo,se of adoption wiH be with a person of the same religious faith as that of the child, but this requirement ceases to be effective upon the issue of a certdficate by the Minister, at any time after one year from the date of the order of per manent wardship, certifying that aJl reas:onable efforts have been made tQ place the child with a person having the same religious faith, and in that event the placement of the child is no longer governed by religious faith.

(8) This sectian does not apply to the p'lac<ing of children in a temporary home or an observation ho'rne, sheLter or diagnostic centre far children established for tbe purposes of this Act, but due regard shall be given to the relil5'ious preference of a ,child so 'placed and proper time aUowed for the exeTcise of relig,ious duties.

Section 57 presently reads: 57. Where the child is not a ward of the Grown, an arder of adoption shall not be made unless the judge is satisfied with the prapniety of the adoption having regard to the welfare and interests of the child and (

a) that the child has lived with the petltianer fOT at least six months limmediately prior to the day of the petiti.Qn, and that during that periad the conduct of the petitioner and the canditions under which the child has lived have been s'uch as to justify the making of the order, or (

b) that the petiiLaner lis a fit and proper persan to have the care and custody of the child, and that it appears desirable in the best interests af the chHd or far other goad and sufficient rea~an that the one year periad of residence OIl' any partion thereof be dis pensed wlith. 2 Title: 1973 (17th, 2nd) Bill 75, The Child Welfare Amendment Act, 1973 (No. 2)

Document details

Collection	Alberta — Bills
Citation	L17 S2 5209
Type	bill
Volume / chapter	L17 S2 5209
Language	en
Format	json
Source	PROVINCIAL
Identifier	b03475ec63f76fd0d42bf74431936aaabbab86e3

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