This is an order granted by a judge that temporarily removes a child from the custody of the parent when the child’s safety cannot be protected at home. Guardianship is shared between the parent and the Director of Child, Youth and Family Enhancement Act. Since the plan is to have the child returned to the parent, the caseworker works with the family and the child to help them make changes so the family can be together again.

If a judge makes a temporary guardianship order about you, you can expect to:

• Take part in case planning and have a copy of the plan so you know what responsibilities you and other people have;
• Have your viewpoints and interests listened to;
• Have your cultural, social and religious heritage respected;
• Have your unique cultural, social and religious heritage respected, if you are Aboriginal;
• Talk to your caseworker about information on your file. Your caseworker will know what information can be shared. For more information about confidentiality, go to “What is Private”;
• Have ongoing contact with important people in your life, like your brothers and sisters, unless there are reasons why this contact could be harmful to you. Questions? Speak up – ask your caseworker;
• Contact the Office of the Child and Youth Advocate, if you feel that no one is listening to you. With your permission, the Advocate could also involve someone from your family or community to help you represent your rights, interests and viewpoints;
• Have decisions about you reviewed by
  • Mediation or some other way of resolving conflict;
  • An administrative review; or
  • The Appeal Panel.

Want to know what these words mean? Go to “When you Disagree.”

If you are 12 years of age or older, you have the right to:

• Be told about the date, time and place of every court hearing that is about you. Ask for a copy of the court order;
• Have a lawyer represent you. So what if you aren’t 12 years old? A lawyer could still represent you in court, but a judge will make that decision;
• Go to court, if you want to, and tell a judge what you want to happen;
• Say yes or no to the order. The judge needs to know what you think should happen. Then the judge will make the final decision;
• Appeal the order. This means asking a judge to change the court order. You have to ask for an appeal within 30 days from the date that the judge makes the order;
• Ask the court to review the order. This request is made after 30 days from the date that the judge made the order. The judge needs to know what you think should happen. Then the judge will make the final decision;
• Say yes or no to an access agreement. An access agreement describes who you will have contact with and the rules that people have to follow;
• Say yes or no to an access order. Sometimes people can’t agree on who you will have contact with and what the rules will be. A judge will make an order that people have to follow;
• Ask a judge to review an access order. The judge needs to know what you think should happen. Then the judge will make the final decision; and
• Say yes or no to medical, surgical, dental or other treatment that a doctor or dentist recommends. In some situations, a judge will have to decide.

Don’t hesitate to ask your caseworker about visits, a spending allowance, education, graduation, health care, recreation, clothing or anything else. If you don’t understand what is going on or what decisions are being made about you – speak up!

Tell an adult you trust if you are having a problem, especially if you are being abused or mistreated. Tell someone if you feel that your cultural values are not being respected.

If you have any questions about what you can expect while you are receiving services under a temporary guardianship order, ask your caseworker, the Child and Youth Advocate or your lawyer, if you have one.