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Children’s Procedural Rights (Alberta Policy)

ALBERTA:

 

Enhancement Policy

Manual

Revised November 27, 2014

 

Chapter 1: General Information

Section: 1.8 Children’s Procedural Rights Issue Date:

October 1, 2011

Subsection: Revision Date:

November 1, 2013

Page 1 of 5

Policy

Procedural rights include, but are not limited to, access to information;

participation in decision making; access to justice and judicial review; due

process and a fair hearing; and subsequent redress. Procedural rights arise in

the context of procedural law which comprises the rules by which a court hears

and determines what happens in proceedings before it. Procedural law

comprises the rules designed to ensure fair and consistent application of due

process to all cases that come before the court.

Procedural rights must be discussed with children in a manner that reflects their

age, their developmental level, any special needs they might have, and the type

of intervention, as follows:

 When intervention services include removing the child from the parental

home, the child must receive a copy of the appropriate Children Have

Rights booklet and have the opportunity to have a discussion that includes

an explanation of their procedural rights and general rights.

 A child must be informed of his or her procedural rights immediately at the

time of placement.

 If the case involves a court hearing soon after the child is placed, the child

must be informed of his or her procedural rights prior to the court hearing

as Court will want to ensure that the child is aware of his or her rights.

Purpose

Children need to know what to expect if they are receiving services under

CYFEA. All children have rights, regardless of their age. Informing a child of his

or her procedural rights is not only required by CYFEA, but it provides an

opportunity to develop the child’s problem-solving capacity.

CYFEA increases accountability by ensuring that children are informed of their

procedural rights.

1.8 Children’s Procedural Rights Page 2 of 5

Enhancement Policy Manual – Intervention

 S.2(d) establishes that a child who is capable of forming an opinion is

entitled to the opportunity to express his or her opinion and have it

considered in making decisions that affect the child.

 S.2.1 states that the director, when it is appropriate, must inform a child of

the child’s procedural rights under CYFEA.

The Office of the Child and Youth Advocate provides children who are receiving

services under CYFEA (and PSECA) with two types of supports in order to

ensure that they are aware of and able to exercise their procedural rights:

 advocacy services per s.3, and

 legal representation, either by direct referral or court ordered per s.112.

Procedures

Definition

The term “procedural rights” refers to certain actions that must be taken.

Procedural rights form an integral part of good casework practice.

Explaining Procedural Rights to a Child

Children’s procedural rights must be explained in detail to them.

Depending upon the age and developmental level of the child, it may be

necessary to have several discussions with a child.

 Meet with the child in a location that is comfortable for them and provides

an opportunity to discuss the Procedural Rights Booklet.

 If appropriate, the caregiver (e.g. foster parent, kinship care provider,

group home staff) may be included in the discussion. Ensure that

caregiver’s have copies of the Procedural Rights Booklets.

 Provide explanations that are age and developmentally appropriate.

 Give the child the opportunity to ask questions.

 Let the child know that he or she may ask to discuss their procedural

rights at any time.

 Let the child know that his or her opinions will be considered in decisions

made on his or her behalf, and that a discussion about his or her rights will

occur whenever a significant decision is being made.

 The child must be made aware that he or she has the right to have a

decision that is being made about him or her reviewed, either informally or

formally.

1.8 Children’s Procedural Rights Page 3 of 5

Enhancement Policy Manual – Intervention

 Ensure that a child who is 12 years of age or older is informed that CYFEA

has certain provisions that apply specifically to them and that the director

must comply with those provisions.

Procedural Rights Identified CYFEA

 A child has the right to have a lawyer represent him or her in court; a child

may be represented by a lawyer through a direct referral from the court

(s.112), or by referral to LRCY.

 A child has party status with respect to proceedings under Part 1, Division

3 or 4 or an appeal from these proceedings and as such is allowed to

participate formally and actively in the proceedings (s111(2)).

 The child has the right to appeal a SO, TGO or PGO of which he or she is

the subject, within 30 days of the judge making the order (s.114(1)).

 If a child is 12 years of age or older, the child has the right to be advised of

the nature, date, time and place of every court hearing which is about him

or her. The child has the right to attend court and express their opinion

(s.23).

 If a child is 12 years of age or older, the child has the right to request one

court review of any SO or TGO of which he or she is the subject (s.32).

 If a child is 12 years of age or older, and the subject of a TGO or PGO, the

child has the right to apply for an access order, say yes or no to an access

order and to request the court review the access order (s.31(4) & (5) and

s.34(8), (9) & (13) respectively).

 If a child is 12 years of age or older, and the subject of a PGO, the child

has the right to say yes or no to an access agreement (s.34(11)).

 If a child is 12 years of age or older, the child has the right to say yes or no

to an adoption or private guardianship order that is being made about him

or her (s.59 and s.55 respectively).

 If a child is 12 years of age or older, the child has the right to receive a

copy of a private guardianship order of which the child is the subject

(s.56).

 If a child is receiving intervention services under a secure services order,

the child has the right to receive a copy of the order and a written

statement explaining the reason for confinement. The child also has the

right to be told when the period of confinement is over (s.44), and to be

advised that the order may be reviewed or appealed (s.49).

1.8 Children’s Procedural Rights Page 4 of 5

Enhancement Policy Manual – Intervention

Children Have Rights Booklets

Ensure that the child has been provided with the Children Have Rights Booklet

that is most age and developmentally appropriate for the child. Two booklets are

available, one for children 11 years of age or under (Children Have Rights) and

one for children 12 years of age and older (Children and Youth Have Rights).

The Children Have Rights Booklets describe the rights of children who are in the

care and custody of the director, including the following:

 The right to have their rights explained to them, at a level that they can

understand.

 The right to live with people who care about them, respect them and keep

them safe.

 The right to know their own history, culture and religion.

 The right to a reasonable amount of freedom and privacy, as long as they

are safe.

 The right to be involved in decisions made about them and to know why a

decision was made, including the right to know the plans made for their

care, and to know why they are in care.

 The right to have contact (visit or talk) with family or friends, and to be told

why if they cannot.

 The right to privacy when visiting or talking to family, as long as they are

safe.

 The right to dental, optical, physical and mental health care.

 The right to an education equal to what any other child in Alberta receives.

 The right to keep their belongings with them.

 The right to develop their own identity and express themselves.

 The right to express their opinion.

 The right to learn to be the best person possible.

 The right to plan for leaving care and becoming independent.

 The right to know about and be assisted in calling the Office of the Child

and Youth Advocate.

Recording

Document the date that the child’s procedural rights and/or the children’s rights

booklet was discussed with the child on Contact Notes [CS0072] and/or in the

contact log.

 


Via Velvet Martin
Leonna Anderson's insight:

My insight is that we need two unsilence children's voices from behind the doors of the systems

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Rescooped by Leonna Anderson from children been mistreated in walsall foster system
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Robert Ventress, convicted of child sexual offences, released

Robert Ventress, convicted of child sexual offences, released | mistreatment that is been hidden | Scoop.it
Edmonton Police are issuing a warning to citizens about the release of Robert Ventress, a man convicted a number of times for sexual offences against children.

Via Velvet Martin, clare wakeman
Leonna Anderson's insight:

When is the government going to stand up for there own misconduct 

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clare wakeman's curator insight, January 31, 2015 7:47 PM

Evil piece of crap