Introduction:
The thought of losing your children, even temporarily, can be overwhelming. In Alberta, child protection matters are governed by the Child, Youth and Family Enhancement Act (CYFEA). This article explains how criminal cases intersect with child protection, and what you can do to protect your family.
Table of Contents
When Child and Family Services Gets Involved:
Child and Family Services does not automatically get involved every time someone is charged with a crime. Whether they get involved depends on:
- The nature of the charges: (domestic violence or arrests that are made when your children are around can raise concerns).
- The living situation of the children if a parent is incarcerated.
- Evidence of risk factors such as repeated police involvement at a home.
Can Children Be Taken Away?
Under Alberta law, Child and Family Services may apprehend a child if they believe a child is in danger. If a child is believed to be at serious risk of harm, caseworkers can seek an apprehension order.
If a court finds that there is ongoing risk, it may issue different orders under the CYFEA:
- Supervision Orders: Children stay at home, but the family is monitored.
- Temporary Guardianship Order (TGO): Children are placed in care for a set time while parents work on addressing concerns.
- Permanent Guardianship Order (PGO): Parental guardianship is permanently removed in cases where unaddressed concerns have remained for a long time.
Your Rights as a Parent:
Many parents feel powerless, but Alberta law gives you important rights:
- The right to know the reasons why your child was apprehended.
- The right to legal representation during a child protection case.
- The right to challenge an apprehension.
- The right to participate in planning for your child’s care, including doing Family Enhancement Agreements where the goal is to keep them at home with support.
There are many misconceptions about child protection law in Alberta:
- “If I’m arrested, my kids will automatically be taken.” Not true. Children are only apprehended if there is evidence of risk to them as a result of your arrest.
- “Once my criminal case is over, child protection will stop being involved.” Wrong, the two processes are separate. A child protection file can remain open even if charges are withdrawn or dismissed.
- “If Child and Family Services are involved, I’ve already lost my kids.” Many cases resolve with supports, supervision, or just temporary arrangements.”
Final Word:
A criminal case does not mean losing your children, but it can place your family under scrutiny. Child and Family Services has power to intervene, but the goal is protection. With proactive steps, legal representation, and cooperation when appropriate, many parents are able to keep their families together even if they’re facing criminal charges.
If you are in this situation, don’t wait. Speak to a lawyer who understands both criminal defence and child protection law in Alberta. The actions you take now will help with the outcome of your criminal case and also protect your future with your children.
