O.C. 410/2004

A.R. 192/2004

September 8, 2004

The Lieutenant Governor in Council makes the Child and Family Services Authorities Regulation set out in the attached Appendix.

For Information only

Recommended by: Minister of Children’s Services

Authority: Child and Family Services Authorities Act
(section 20)

APPENDIX

Child and Family Services Authorities Act

CHILD AND FAMILY SERVICES
AUTHORITIES REGULATION

Table of Contents

1 Definition

2 Child and family services

3 Eligibility

4 Ineligibility

5 Change in circumstances

6 Advertisement of vacancy

7 Vacancy

8 Repeal

9 Expiry

10 Coming into force

Definition

1   In this Regulation, “service provider” includes independent service providers, independent contractors and corporations.

Child and family services

2   The following are child and family services for the purposes of the Act:

(a) programs and services under the Child, Youth and Family Enhancement Act, except programs and services related to the following:

(i) international adoptions;

(ii) maintaining a registry of applications for adoptive applicants and family applicants and matching applications for voluntary disclosure in accordance with section 75 of the Child, Youth and Family Enhancement Act;

(iii) licensing of adoption agencies;

(iv) conducting investigations with respect to proposed adoptions;

(v) publication of advertisements for the purpose of finding adoptive homes for children under the permanent guardianship of the director;

(vi) matching of prospective adoptive parents with children under the permanent guardianship of the director;

(b) programs and services under the Family Support for Children with Disabilities Act;

(c) programs and services under the Protection of Children Involved in Prostitution Act;

(d) programs and services under the Social Care Facilities Licensing Act, excluding the staff qualification process;

(e) education and prevention with respect to child abuse and family violence;

(f) services designed to promote and maintain the safety and healthy development of children and families, including early childhood development and early intervention;

(g) financial assistance to eligible families for out of home child care costs;

(h) operation of a family day home system, including recruitment, screening, training, monitoring and evaluation.

Eligibility

3   In order for a person to be appointed as or to remain a member of a board, the person, in addition to meeting the requirements of the Child and Family Services Authorities Act, must be an adult who is a Canadian citizen or lawfully admitted to Canada for permanent residence.

Ineligibility

4   The following persons are not eligible to be appointed as or to remain a member of a board:

(a) employees of the Government who are under the administration of the Minister;

(b) a service provider who receives a significant portion of his or her income or funding, including grants and contributions, from either the Authority or the Minister’s department, or both, as determined by the Minister;

(c) a director or officer of a corporation that is a service provider where the corporation receives a significant portion of its income or funding, including grants and contributions, from either the Authority or the Minister’s department, or both, as determined by the Minister;

(d) a person who has a significant role in the operation of a service provider, as determined by the Minister;

(e) the spouse or adult interdependent partner of any of the persons listed in clauses (a) to (d);

(f) a Member of the Legislative Assembly, a Member of Parliament, a Senator, a sitting judge of any court in Alberta or a Justice of the Peace;

(g) a person who has been convicted of an offence under the Child, Youth and Family Enhancement Act or the Protection of Children Involved in Prostitution Act.

Change in circumstances

5(1)  If a board member’s circumstances change, either temporarily or permanently, in such a way that it may result in the member becoming ineligible to remain a board member under section 4, the member must immediately report that change in circumstances in writing to the Minister.

(2)  If a board member’s non-compliance with subsection (1) comes to the attention of the board, the board chair must, as soon as possible, report the member’s change in circumstances in writing to the Minister.

Advertisement of vacancy

6   Where a vacancy occurs in the membership of a board, the Minister shall advertise for nominations for the vacant position within the region served by that board.

Vacancy

7   Notwithstanding section 6, if a vacancy occurs in the membership of a board and an advertisement for an earlier vacancy in the membership was placed under section 6 within the 12 previous months, the Minister

(a) is not required to advertise the vacancy, and

(b) may fill the vacancy from the nominations received as a result of that advertisement.

Repeal

8   The Child and Family Services Authorities Regulation (AR 6/98) is repealed.

Expiry

9   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 May 31, 2014.

Coming into force

10   This Regulation comes into force on November 1, 2004.