Bill 84 — First Session, 17Th Legislature, 21 Elizabeth Ii the Legislative Assembly of Alberta Bill 84 the Child Welfare 'Amendment Act, 1972 Dr. P Aproski (Legislature 17, Session 1)

L17 S1 5065

Alberta — Bills

1972 Bill 84 First Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 84 The Child Welfare 'Amendment Act, 1972 DR. P APROSKI First Reading Second Reading ........................ . Third Reading . Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 84 1972 THE CHILD WELFARE AMENDMENT ACT, 1972 (Assented to , 1972) HER MAJESTY, by alnrd with the rudViilCe and consent of the Legistative Assemhly of Alberta, enacts as follows: 1. The Child Welfare Act is he.reby amended.

Section 10 is amended by adding the following clause after clause ( e) : (

f) the 'costs incurred in providing and maintaining special programs designed to m'eet the particular needs of children on probation.

Section 13, subsection (6) is amended (

a) by striking out the words "one hundred dollars" and by SUbstituting therefor the figure8 "$500", and (

b) by striking out the words "three months" and by substituting therefor the words "90 days".

Section 16, subsection (1), clause (

a) is amended by adding after the word "shelter" the words "or in a foster home".

Section 26.1, subsection (4) is amended by adding after the words "Part 4" the words ", except

section 59 and

section 61, subsection (1),".

Section 35 is ame.nded by striking out subsection (5) and by SUbstituting therefor the following subsection:

(5) For the purpose of enforcing an order or agreement made under this

section a judge of the juvenile court, on the application of (

a) the Director, or (

b) the Director of Maintenance and Recovery,

Explanatory Notes I. This Bill will amend

chapter 45 of the Revised Statutes of Alberta 1970. 2. Provision will be made by this amendment for funding special programs designed to assist the rehabilitation of children on probation. 3. The maximum fine for unauthorized disclosure of informa tion will be increased. 4. When a neglected child is apprehended this amendment will allow it to be placed immediately in a foster home pending the hearing.

Section 16, subsection (1) reads in part: 16.

(1) A child apprehended pursuant to. sectiDn 15 may, pending the dispDsitiDn 'of his case, (

a) be taken into. custody and detained in a shelter, Dr

Section 26.1 (4) reads:

(4) F'Dr the purpDse Df enforcing an order made under subsection (1) a judge of the juvenile court, on the applicatiDn Df (

a) the DirectDr, 'Dr (

b) the DirectDr Df Maintenance and Recovery, may issue a summDns to' any perSDn against whDm the Drder was made, and

Part 4 of The Maintenance and RecDvery Act applies mutatis mutandis to. the prDceedings. O. This amendment extends the subsection to include persons required to pay by a court order or who have agreed to pay.

may issue a summons to any person who has been ordered to payor who has agreed to pay any money and has not paid any or all of the sums payable, and

Part 4 of The Maintenance and Recovery Act, except

section 59 and sec tion 61, subsection (1), applies with all necessary modifica tions to the proceedings. 7. The following

section is added after sect,ion 36: 3,6.1

(1) Where a ward of the Crown has been placed by the Director in an adoptive home or a foster home and the Director considers it in the best interests of the child, the Director may apply to a judge of the district court for an order directing that the child be returned to the Director immediately upon service of a certified <copy of the order upon the person who is caring for the child.

(2) A certified copy of an order granted under sub section (1) may be served anywhere in Alberta and the judge may authorize service of it outside Alberta. 8. The following secUon is added after

section 58: 58.1

(1) Where the judge before whom a petition for adoption is brought dismisses the petition for an order of adoption, no further petition under this Part shall be pres ented to a judge until a period of two years has elapsed from the date of the hearing of the previous adoption petition.

(2) Notwithstanding subsection (1), a judge may permit the filing of a new petition within the two-year period upon being satisfied that the reasons for dismissal of the pre vious petition no longer exist. 9. The following

Part is added after

section 80:

PART 5 SERVICES FOR lHE MENTALLY RET'ARDED 81. In this Part, (a) "child" means an unmarried male or female person actually or apparently under 21 years of age; (b) "Director" means the Director of S'ervices for the Handicapped appointed pursuant to

section 82; (c) "home" means any institution, building or other place designated by the Minister as a home for the purpose of this Part. 82. In accordance with The Public Service Act, there may be appointed a Director of Services for the Handi capped who shall perform such duties as may be assigned to him by the Minister. 2

7. Order to surrender a child back to the Director. 8. This amendment limits further petitions where a petition has already been dismissed. 9. Self-explanatory. 2

83. The Minister may declare any place which he con siders appropriate to be a home for the care of children who are mentally r'etarded. 84. The Director, upon being satisfied that a child is mentally retarded, may accept the child under his care for placement in a home (

a) if the parent or other person who has actual custody of the child enters into an agreement to that effect with the Director, or (

b) if the child is a permanent or temporary ward of the Crown purlsuant to the provisions of this Act. 85. The Minister may make regulations respecting any matter with respect to the carrying out of this Part not specifically provided for in this Part. 10. This Act comes into force on the day upon which it is assent,ed to. 3

3 Title: 1972 (17th, 1st) Bill 84, The Child Welfare Amendment Act, 1972

Document details

Collection	Alberta — Bills
Citation	L17 S1 5065
Type	bill
Volume / chapter	L17 S1 5065
Language	en
Format	json
Source	PROVINCIAL
Identifier	b2b2794e1df35c9fe20367ca9f08093f5cac20f2

Source file is stored in the law ingest library (json).