Child care licensing – How to appeal

What is an appeal

An appeal is when you ask an appeal panel to review a decision Children's Services has made about a licence for a child care program. This includes daycare, group family child care, out-of-school care or preschool programs. The appeal panel:

• is made up of private citizens who are not Government of Alberta employees
• has the authority and training to hear your appeal
• may agree with, change or cancel Children's Services’ decision

Who can appeal

You can appeal a decision Children's Services has made if you:

• are a licence holder
• applied for a licence for a new child care program
• applied to renew a licence for an existing child care program

What can be appealed

Under the Child Care Licensing Act and the Regulation, you have the right to appeal most decisions Children's Services makes. These are general guidelines about decisions the appeal panel can and cannot review:

The appeal panel can review decisions about:

• a new licence not being issued
• changing, not renewing or cancelling a child care licence for a daycare, group family child care, out-of-school care or preschool program
• the conditions imposed on a licence
• the terms and conditions to issue or renew a licence
• an order made after a child care program inspection
• suspending a licence and issuing a probationary licence
• refusing to reinstate a licence that has been suspended
• changing or refusing to change a licence so a different category of child care program may be provided under the licence
• the location where a child care program is provided
• the maximum number of children who may be cared for in the child care program
• the licence term
• the licence holder’s name

The appeal panel cannot review a decision about:

• a licence for an innovative child care program not being issued or renewed

For more information, review the Child Care Licensing Act and the Regulation or contact the Appeals Secretariat.

Steps to file an appeal

Make sure to appeal within the 30-day deadline from the date you:

• got the decision in person, by phone, email or letter
• were told about your right to appeal

Step 1. Complete a notice of appeal

Fill out an appeal form

• Download: open the Notice of Appeal to the Appeal Panel form (PDF, 751 KB) in Adobe Reader, read the instructions, fill it in, save it and print it. Or, print a copy and fill it in.
• Paper copy: contact the Appeals Secretariat to pick up a form or have it sent to you by email, fax or mail. When you get it, read the instructions and fill it in.
• Make sure the form is signed.
• Include an Authorization form (PDF 71 KB) if someone will be acting on your behalf throughout the appeal process .
• Keep copies for your files.

Step 2. File your notice of appeal

Make sure to:

• include your signed Notice of Appeal form and the Authorization form if someone will be acting on your behalf
• include a copy of letter with Children's Services’ decision, if you received one
• keep copies of all documents for your own files

Submit your documents by:

• scanning and emailing them to [email protected] .ab.ca, or
• mailing, faxing or taking them to the Appeals Secretariat office or a Children's Services office

After you file an appeal

You will get a letter from the Appeals Secretariat saying they received your appeal.  The Appeals Secretariat will start setting up your appeal hearing. Contact them, if you:

• need an interpreter since all hearings are in English
• want to get information about organizations that may be able to help you with your appeal
• are waiting for any new information related to the appeal
• want to withdraw your appeal
• have moved or changed your phone number or email so they can reach you to give you the hearing date – if you do not take part when the hearing is scheduled, it may happen without you and your right to appeal will end

Find out what happens before, during and after the appeal hearing.

Withdrawing an appeal

You can withdraw your appeal at any time. This means it is stopped and you no longer want to appeal Children's Services’ decision. Tell the Appeals Secretariat as soon as you choose to withdraw your appeal.

Contact

The Appeals Secretariat is a neutral government office that runs separately from Children's Services.

Connect with the Appeals Secretariat:

Hours: 8:15 am to 4:30 pm (open Monday to Friday, closed 12 to 1 pm and statutory holidays)
Phone: 780-427-2709
Toll free: 310-0000 before the phone number (in Alberta)
Fax: 780-422-1088
Email: [email protected]

Address:
2nd floor, Agronomy Centre
6903 116 Street NW
Edmonton, Alberta  T6H 5Z2