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AR 138/2006 PROTECTION OF CHILDREN ABUSING DRUGS ACT COURT FORMS AND PROCEDURES REGULATION

(Consolidated up to 117/2012)

alberta regulation 138/2006

Protection of Children Abusing Drugs Act

PROTECTION OF CHILDREN ABUSING DRUGS ACT
COURT FORMS AND PROCEDURES REGULATION

Table of Contents

                1       Application form

                2       Defect of form

                3       Forms


             3.1       Information sessions

                4       Expiry

                5       Coming into force

Schedule

Application form

1(1)  An application under the Act must be commenced by completing and filing the relevant form with the clerk of the Court before the Court hears the application.

(2)  Notwithstanding subsection (1), the Court may hear an application before the relevant form is filed with the clerk of the Court.

Defect of form

2   No proceeding shall be defeated on the ground of an alleged defect of form.

Forms

3   The forms to be used in any application to the Court under the Act are the forms in the Schedule.

Information sessions

3.1   The Co‑ordinator shall, for the purposes of section 2(2) of the Act,

                                 (a)    authorize, in writing, persons to provide information sessions and to provide guardians who attend the information sessions with written confirmation of their attendance,

                                 (b)    establish what information is to be provided in the information sessions by persons authorized under clause (a), and

                                 (c)    set the form for the written confirmation referred to in clause (a).

AR 117/2012 s2

Expiry

4   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on June 30, 2020.

AR 138/2006 s4;117/2012

Coming into force

5   This Regulation comes into force on July 1, 2006.

Schedule   

Form 1

Notice and Application for a
Protection Order

In the Provincial Court of Alberta
In the Matter of an Application Under Section 2
of the Protection of Children Abusing Drugs Act

Regarding                 (Child’s name)                  ,

A child within the meaning of the Protection of Children Abusing Drugs Act

Born          (Child’s birth date)          

Application

This application is made regarding the Child.

My name is                                        .  My address is                                                         .  My telephone number is                                 .

I am a guardian of the Child.

(Check all boxes that apply.)

  I am applying for an order under section 2.1 of the Protection of Children Abusing Drugs Act to:

                                 a.     authorize the confinement of the Child in a protective safe house for a period of not more than 10 days,

                                 b.     authorize the director of the protective safe house to confine the Child in accordance with the order, and

                                  c.     authorize Alberta Health Services as the Co‑ordinator to assess the Child, treat the Child for the effects of detoxification and provide services to stabilize the Child for the period of confinement authorized by the order.

  I am applying for an order under section 2.1 of the Protection of Children Abusing Drugs Act to authorize a police officer to apprehend and convey the Child to a protective safe house.

  I am applying for an order under section 2.1 of the Protection of Children Abusing Drugs Act to authorize a police officer to assist me, as a guardian, in conveying the Child to a protective safe house.

  I am applying for an order under section 2.1 of the Protection of Children Abusing Drugs Act to authorize a police officer to enter, by force if necessary, the place or premises at                                                                                        , and to search for and apprehend the Child.

  I am applying under section 4.2(1) of the Protection of Children Abusing Drugs Act to the Court for permission to admit evidence: (Check all boxes that apply.)

  by telephone

  audio‑visually

  by other means                        (describe)                         .

My reasons for asking the Court to admit evidence by these means are:    
                                                                                                                     
.

                  (Signature)                  

                 (Date Signed)                

Affidavit of Applicant

In support of my application, I,      (name)      , of           (address)           make oath and say that:

                                 (a)    I have attended an information session referred to in section 2(2) of the Protection of Children Abusing Drugs Act and the written confirmation of my attendance is attached to this affidavit.

                                 (b)    My reasons for making this application are: (Describe in your own words what you know about the Child’s use of drugs and what effect you believe the use of drugs is having on the Child.  Any additional pages you wish to add must be sworn and attached to this affidavit.)
                                                                                                      
                                                                                                     
.

                                 (c)    I believe that the Child may be found at:                                                                        .  My reasons for believing the Child is at this location are:                                                     
                                                                                                     
.

                                 (d)    I cannot convey the Child to a protective safe house myself because: (Complete only if you are applying for an order to authorize a police officer to apprehend and convey the Child to a protective safe house or to assist you, as a guardian, in conveying the Child to a protective safe house.)  
                                                                                                     
.

   (Signature of Applicant)   

SWORN BEFORE ME at                            )
              , in the Province of Alberta, this     )
         day of                                 , 20__       )
                                                                     )   
(Commissioner for Oaths                             )
in and for the Province of Alberta)               )

NOTE:  Under section 2.1(1) of the Protection of Children Abusing Drugs Act, the Provincial Court may grant a protection order if it is satisfied that the Child is abusing drugs.  Section 1(2) of the Protection of Children Abusing Drugs Act states that “a child is abusing a drug if the child is using the drug and the use caused or is likely to cause significant (a) psychological or social harm to the child, or (b) physical harm to the child or others”.  Under section 1(1) of the Protection of Children Abusing Drugs Act, “drug” is defined as “alcohol or a substance, other than a tobacco product, (i) whose use is controlled by law, or (ii) that is used by the child in a manner that is not intended by the manufacturer of the substance”.

Notice

(Check all boxes that apply.)

  To:   Alberta Health Services (the Co‑ordinator)*,

  To:                (name(s) of other guardian(s), if any)             **, and

  To:                (name(s) of other person(s) required by the Court to be given notice, if any)             .

This is your notice that I am applying to the Court for a protection order as described above.

The Court hearing will be at              am/pm, on      (day)           (month)     , 20    , at           (location)          .

If you want to speak to the judge about my application, you must attend the Court hearing.  After hearing the matter, the judge will decide whether or not to make a protection order regarding the Child.

If you do not attend the hearing, the judge may make the decision in your absence.

*   You must give notice of this application to Alberta Health Services (the Co‑ordinator). You may give this notice by telephone at 1‑888‑844‑5395.

** If the Child has any other guardian(s), including a director under the Child, Youth and Family Enhancement Act, you must give notice of this application to the other guardian(s) unless the Court has said you are not required to do so.

Form 2

Affidavit of Notice Regarding an
Application for a Protection Order 

In the Provincial Court of Alberta
In the Matter of an Application Under Section 2
of the Protection of Children Abusing Drugs Act

Regarding                 (Child’s name)                  ,

A child within the meaning of the Protection of Children Abusing Drugs Act

Born          (Child’s birth date)          

Affidavit

I,      (name)     , of           (address)           make oath and say that:

                                 (a)    I am a guardian of the Child.

                                 (b)    I gave notice to: (Check the appropriate box.  A separate affidavit must be sworn with respect to each person who is given notice.)

  Alberta Health Services (the Co‑ordinator)

                    (name of other guardian, if any)                  

               (name of other person required by the Court to be given notice, if any)                 

                                          on    (date notice given)    that I am making an application for a protection order regarding the Child.

                                 (c)    I gave the notice by way of: (Check the appropriate box.)

  personal delivery to                    (address)                    ,

  telephone                  (telephone number)                     ,

  facsimile                  (facsimile number)                  , or

  other          (describe method of giving notice)            .

                                 (d)    The notice I gave consisted of: (Check the appropriate box.)

  a copy of the Notice and Application for a Protection Order filed with the Court,

  a written notice of the nature, date, time and place of the hearing (attach a copy of the notice),

  an oral notice of the nature, date, time and place of the hearing, or

  other               (describe)                 .

   (Signature of Person making Affidavit)   

SWORN BEFORE ME at                            )
              , in the Province of Alberta, this     )
         day of                                 , 20__       )
                                                                     )   
(Commissioner for Oaths                             )
in and for the Province of Alberta)               )

Form 3

Notice and Request for Review of
a Protection Order

In the Provincial Court of Alberta
In the Matter of an Application Under Section 4.1
of the Protection of Children Abusing Drugs Act

Regarding                 (Child’s name)                  ,

A child within the meaning of the Protection of Children Abusing Drugs Act

Born          (Child’s birth date)          

Application for Review

My name is                                        .  My address is                                            .  My telephone number is                                  .

(Check the appropriate box.)

  I am the Child    (name of Child)  .  I was born   (year/month/day)  .

  I am a guardian of the Child.

  I make this application on behalf of Alberta Health Services (the Co‑ordinator).

  None of the above apply, but the Court made an order dated   (year/month/day)   granting me leave to make this application. A copy of the order is attached.

I am applying for a review of the protection order dated   (year/month/day)  .

OPTIONAL:  Describe your reasons for asking the Court to review the protection order:    
                                                                                                                       

(Check this box if applicable.)

  I am applying under section 4.2(1) of the Protection of Children Abusing Drugs Act to the Court for permission to admit evidence: (Check all boxes that apply.)

  by telephone

  audio‑visually

  by other means                        (describe)                           

My reasons for asking the Court to admit evidence by these means are:    
                                                                                                                     
.

                                                                                  (Signature)                  

                 (Date Signed)                

Notice

(Check all boxes that apply.)

  To:   the Child*,

  To:   Alberta Health Services (the Co‑ordinator)**,

  To:                (name or title of director of the protective safe house in which the Child is confined)             *,

  To:                (name of guardian who applied for the protection order)             *, and

  To:                (name(s) of other person(s) required by the Court to be given notice, if any)             .

This is your notice that I am applying to the Court for a review of the protection order as described above. 

The Court hearing will be at       am/pm, on         (day)    (month)   , 20   , at          (location)          .

If you want to speak to the judge about my application for a review of the protection order, you must attend the Court hearing.  After hearing the matter, the judge will decide whether or not to make an order confirming, varying or terminating the protection order and may extend the period of confinement authorized in that order by up to 5 days.

If you do not attend the hearing, the judge may make the decision in your absence.

* You must give notice of this application to these persons unless the Court has said you are not required to do so.

** You must give notice of this application to Alberta Health Services (the Co‑ordinator) unless the Court has said you are not required to do so. You may give this notice by telephone at 1‑888‑844‑5395.

Form 4

Affidavit of Notice Regarding a
Request for Review of a Protection Order 

In the Provincial Court of Alberta
In the Matter of an Application Under Section 4.1
of the Protection of Children Abusing Drugs Act

Regarding                 (Child’s name)                  ,

A child within the meaning of the Protection of Children Abusing Drugs Act

Born          (Child’s birth date)          

Affidavit

I,      (name)     , of           (address)           make oath and say that:

                                 (a)    I am applying for a review of the protection order dated   (year/month/day)  .

                                 (b)    I gave notice to: (Check the appropriate box.  A separate affidavit must be sworn with respect to each person who is given notice.)

  the Child

  Alberta Health Services (the Co‑ordinator)

            (name or title of director of the protective safe house in which the Child is confined)          

            (name of guardian who applied for the protection order)               

               (name of other person required by the Court to be given notice, if any)                 

                                          on    (date notice given)    that I am making an application for a review of the protection order dated   (year/month/day)   regarding the Child.

                                 (c)    I gave the notice by way of: (Check the appropriate box.)

  personal delivery to                    (address)                    ,

  telephone                   (telephone number)                    ,

  facsimile                  (facsimile number)                  , or

  other           (describe method of giving notice)           .

                                 (d)    The notice I gave consisted of: (Check the appropriate box.)

  a copy of the Notice and Request for Review of a Protection Order filed with the Court,

  a written notice of the nature, date, time and place of the hearing (attach a copy of the notice),

  an oral notice of the nature, date, time and place of the hearing, or

  other               (describe)                 .

   (Signature of Person making Affidavit)   

SWORN BEFORE ME at                            )
              , in the Province of Alberta, this     )
         day of                                 , 20__       )
                                                                     )   
(Commissioner for Oaths                             )
in and for the Province of Alberta)               )

AR 138/2006 Sched.;108/2011;
117/2012