When a child is deemed to be at immediate risk, CFS may apprehend the child and place them in temporary care. Hasty removals can often be prevented with timely legal intervention by our child welfare lawyers. Intervention orders may be issued by the court to provide temporary guardianship or supervision aimed at protecting the child. The family law court strives to maintain the child’s safety and the bond with the parent as much as possible, intervening only as necessary.

An Initial Custody Order is a temporary court order that decides who will care for a child during ongoing proceedings. Before it is granted, the parent or guardian has a protection hearing, which must take place within 21 days of the child’s apprehension under the Alberta Child, Youth and Family Enhancement Act. At this hearing, the court reviews the situation and decides whether the child should stay in temporary care or be returned to the parent or guardian. Parents may be allowed supervised or regular visits, and these visits may be documented for use in court.

Temporary guardianship is a court order granting Child and Family Services (CFS) the legal responsibility for a child’s care and decision-making temporarily. A Temporary Guardianship Order allows the Director to temporarily assume custody of the child, who may be placed in foster care, kinship care with a close family member, or a foster home, depending on the situation.

This order is issued after CFS proves to the court that it is in the child’s best interests to remain in CFS care while efforts are made to address the concerns with the parents or guardians. The court assesses whether parents can regain custody within a reasonable time or for a reasonable amount, and temporary guardianship typically lasts up to six months. During this time, the child may be returned to the parents if conditions improve, or the order may be extended if necessary.

Permanent guardianship is a longer-term court order granted when the court finds that reunification with the parents is not possible within a reasonable amount of time due to ongoing concerns about the child’s safety or well-being. Under a permanent guardianship order, CFS assumes full legal responsibility for the child’s care indefinitely. The goal is to provide the child with stability and a permanent home, considering the child’s social heritage, care, and well-being, when returning to the parents is deemed unsafe.

In many cases, CFS and families work together to develop safety plans that outline how to keep the child safe while maintaining family integrity. This is called a Family Enhancement Agreement and allows families to receive support services while maintaining custody of their children.

Under a Family Enhancement Agreement, families cooperate with support workers to address family issues such as addiction, mental health, and future problems, and may undergo assessments, family counselling, and receive help accessing community services. Parents may need to make lifestyle changes to create a more nurturing environment. These plans are tailored to individual circumstances and focus on meeting the child’s best interests, aiming to resolve family issues and prevent future problems.