Child, Youth and Family Enhancement Act (excerpt)

The following is an excerpt from the Child, Youth and Family Enhancement Act pertaining to the Office of the Child and Youth Advocate.

This excerpt is taken from the Revised Statutes of Alberta 2000 Chapter C-12 and includes amendments up to and including October 10, 2007.

3(1)  The Lieutenant Governor in Council may, on the recommendation of the Minister, appoint a Child and Youth Advocate, who shall hold office for a term not exceeding 5 years.

  (2)   The Minister may authorize and provide for the payment of the remuneration and expenses of the Child and Youth Advocate and for the office and staff of the Child and Youth Advocate.

  (3)   The Child and Youth Advocate shall

(a)    advise the Minister on matters relating to the welfare and interests of children who receive services under this Act or the Protection of Sexually Exploited Children Act and the provision of those services;

(b)    receive and review complaints or concerns that come to the attention of the Child and Youth Advocate respecting children who receive services under this Act or the Protection of Sexually Exploited Children Act;

(c)    represent the rights, interests and viewpoints of children who receive services under this Act or the Protection of Sexually Exploited Children Act;

(d)    facilitate the involvement of family or community members in assisting in advocating for a child who is receiving services under this Act or the Protection of Sexually Exploited Children Act;

(e)    perform additional duties and functions that are conferred on the Child and Youth Advocate by the regulations or that are from time to time assigned to the Child and Youth Advocate by the Minister;

(f)     submit a report to the Minister every 3 months on the Child and Youth Advocate’s activities and observations;

(g)    prepare and submit annual reports to the Minister respecting the exercise of the duties and functions of the Child and Youth Advocate.

  (4)   On receiving a report under subsection (3)(g), the Minister shall lay a copy of the report before the Legislative Assembly if it is then sitting, and if not, within 15 days after the commencement of the next sitting.

  (5)   For the purpose of performing the duties and functions of the Child and Youth Advocate, the Child and Youth Advocate may

(a)    communicate with and visit a child who is receiving services under this Act or the Protection of Sexually Exploited Children Act or a guardian or other person who represents the child;

(b)    have access to information relating to a child that is in the possession of a director under this Act or under the Protection of Sexually Exploited Children Act or other person or agency providing services to a child on behalf of a director under this Act or under the Protection of Sexually Exploited Children Act;

(c)    at the request of a child who is receiving services under this Act or the Protection of Sexually Exploited Children Act, the Minister or any person acting on the child’s behalf, review and make recommendations regarding any matter relating to the provision of services to the child under this Act or the Protection of Sexually Exploited Children Act;

(d)    provide information relating to, speak on behalf of and otherwise represent a child who is receiving services under this Act or the Protection of Sexually Exploited Children Act when major decisions relating to the child are being made under this Act or the Protection of Sexually Exploited Children Act;

(e)    on the initiative of the Child and Youth Advocate or at the request of a child who is receiving services under this Act or the Protection of Sexually Exploited Children Act, assist in appealing or reviewing a decision of a director relating to the child;

(f)     provide assistance and advice to an Appeal Panel or a Court with respect to a child who is receiving services under this Act or the Protection of Sexually Exploited Children Act.

  (6)   The Child and Youth Advocate may delegate any duty or function conferred or imposed on the Child and Youth Advocate under this Act, the Protection of Sexually Exploited Children Act or the regulations under either Act in respect of a child

(a)    to a person employed or engaged in the administration of this Act or the Protection of Sexually Exploited Children Act,

(b)    to a person who provides care to the child, represents the child or is concerned about the welfare of the child, or

(c)    to a family or community member referred to in subsection 3(d) who is assisting in advocating for the child.