Children, families, and the law.

• Author: Christopher, Michelle C.
• Position: Family law - Child, Youth and Family Enhancement Act replaced old Child Welfare Act

Recent legislative changes in Alberta's child welfare laws should bring good news to children and families in need of child-centered services in the province.

On August 1, 2004, the Family Support far Children with Disabilities Act came into effect, ensuring better support for families caring for disabled children. Alberta is the first province in Canada to enact such legislation, which ensures that Albertans have access through new programs to two levels of support, both family-focused and child-focused. And on November 1, 2004, Alberta's new Child, Youth and Family Enhancement Act became law, replacing the old Child Welfare Act and regulations after a three-year consultation and review. Both of these new statutes promise to provide better supports for children and families and reflect the province's continued commitment to the vision of Alberta as a place where all children and young people are valued, loved, and nurtured in healthy, safe families and communities.

The Family Support for Children with Disabilities Act is primarily a reimbursement program assisting with some of the extraordinary costs of raising a disabled child and providing a range of services to assist families with disabled children. In addition, new initiatives, such as a province-wide toll-free telephone line to link families to child disability information, promote the ready access to and exchange of information for these families. Family-focused supports are designed to strengthen a family's ability to care for a disabled child, both before and after diagnosis. Child-focused services are provided once a child has a confirmed diagnosis and a specific assessment of his or her own particular needs, which may include respite services, aide supports, child care, health-related supports, specialized services for children with severe disabilities and/or out-of-home living arrangements.

The Child, Youth and Family Enhancement Act (the Act) brings in a number of changes to the old child welfare system, placing greater emphasis on the safety and well-being of children as well as on family participation in decision-making with Children's Services. One of the most significant changes in this area of the law has to do with permanency planning for children in need of intervention. Under the new Act, the cumulative time in care timelines have been shortened and varied based on the child's age. For example, the cumulative time in government care for children under the age of six...