Privacy considerations for families involved with child and family services.

• Author: Gallant, Riley

Posted By: Riley Gallant

Parents involved with Child and Family Services ("the Director") may not want extended family members, friends, and the general public to know. The Child, Youth, and Family Enhancement Act ("CYFEA") is the legislation under which intervention services are provided by the Director in Alberta. CYFEA contains provisions outlining how and when information that a child is involved with the Director may be made public.

Section 126.2 of CYFEA bans the publication of the name or photograph of a child or the child's parent ("the child's identifying information") in a manner that reveals that the child has had involvement with the Director. However, CYFEA also allows for the child's identifying information to be made public in certain circumstances:

1. the Director may publish or consent to the publication of the child's identifying information or any other information related to the child if the Director believes it is in the best interest of the child or necessary for the proper administration of justice;

2. a child who is 16 years of age or older is allowed to publish or consent to the publication of the child's name or photograph in a manner that reveals that he or she has had involvement with the Director; and

3. the court may grant permission to publish the child's identifying information on application by a child, a parent or guardian, or any other interested party if the court is satisfied that publication is in the child's best interest or in the public interest.

This provision of CYFEA applies to news media. It also applies in circumstances where family members, foster parents or other individuals involved with the child publish the child's identifying information online in a way that identifies that the child is involved with the Director. Individuals are permitted to make reference to or post photographs of a child or the child's parent online so long as those comments or photographs do not identify that the child is receiving intervention services. For example, a grandparent posting the name and photograph of a grandchild on a public Facebook page or online forum would be permitted to do so as long as the posting does not disclose that the child is involved with the Director. If the photograph is accompanied with a comment indicating that the child was apprehended and placed in foster care, the grandparent would be in contravention of CYFEA. CYFEA states that if any person publishes the child's identifying...