The protection of drug-endangered children.

• Author: Christopher, Michelle C.
• Position: Family Law

With a new law effective November 1, 2006, the Government of Alberta has taken concrete steps to protect children exposed to serious criminal drug activity, including the manufacturing and trafficking of illegal drugs. The Drug-endangered Children Act is the first legislation of its kind in Canada. It defines children who are exposed to serious drug activity as victims of abuse in need of protection. Under the new law, child intervention case workers and police will be able to apprehend a drug-endangered child if they have reasonable and probable grounds to believe that the child--defined as a person under 18 years--is endangered by criminal drug-related activities, particularly in the home.

For the purposes of the new law, a child is considered to be drug-endangered if:

* the guardian exposes the child or allows the child to be exposed to, or to ingest, inhale or have any contact with a chemical or other substance that the guardian uses to illegally manufacture a drug;

* the guardian illegally manufactures a drug in the presence of the child, or causes or allows the child to enter or remain in any place or premises where a drug is illegally manufactured or stored;

* the guardian possesses a chemical or other substance with which the guardian intends to illegally manufacture a drug in a place where the child resides;

* the guardian exposes the child or allows the child to be exposed to an indoor cannabis grow operation, or to the process of extracting oil or resins from cannabis plants;

* the child is exposed to or involved in trafficking;

* the child has been or is being or is at risk of being physically injured, emotionally injured or sexually abused because of the exposure by the guardian to other forms of illegal drug activity.

If a child intervention worker or the police have reasonable and probable grounds to believe that a child is drug-endangered, an exparte application in person or by telephone conference--an application without notice to the respondent may be brought before a judge or a justice of the peace. An order authorizing the apprehension of a child and/or authorizing the entry, by force if necessary, to a place or premises to search for and apprehend the child may be granted. Children who are apprehended are placed in the care and custody of the government; from that point, the Director of Child, Youth and Family Enhancement has the responsibility for the child's care, maintenance, and well-being. If a child is not...