Child Intervention – How to appeal

What is an appeal

An appeal is when you ask an appeal panel to review a decision Child Intervention has made about your child or family. 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

Who can appeal

You can appeal a decision Child Intervention has made under the Child, Youth and Family Enhancement Act (CYFE Act) and Regulations if you are someone who is directly affected including:

• a child younger than 18
• a child’s guardian
• a person who cared for a child continuously for more than 6 of the 12 months before the decision was made
• a young adult between 18 and 24-years-old who was under one of these Agreements or orders on their 18th birthday:
  • Permanent Guardianship Agreement or Order
  • Temporary Guardianship Order
  • Custody Agreement with Youth
  • Enhancement Agreement with Youth

What can be appealed

Under the CYFE Act, you may appeal some decisions after you request an administrative review with Child Intervention. Learn about administrative reviews and other dispute resolution options when you have a concern about a Child Intervention decision.

These are general guidelines about decisions the appeal panel can and cannot review:

The appeal panel can review decisions about:

• a person with a significant relationship with a child being permitted or not permitted to visit the child when the child is under a Permanent Guardianship Agreement
• Child Intervention not entering into one or more of these agreements with you:
  • Family Enhancement Agreement
  • Custody Agreement
  • Permanent Guardianship Agreement with Guardian
  • Access Agreement with Guardian
• Child Intervention not applying to the Court for one of these orders:
  • Supervision Order
  • Temporary Guardianship Order
  • Permanent Guardianship Order
  • Apprehension Order
  • Initial Custody Order
• a guardian not receiving financial assistance for a child who is under a Private Guardianship Order or an Adoption Order
• an 18 to 24-year-old not receiving supports or financial assistance through Child Intervention and was under one of the below Agreements or orders on their 18th birthday:
  • Permanent Guardianship Agreement or Order
  • Temporary Guardianship Order
  • Custody Agreement with Youth
  • Enhancement Agreement with Youth

The appeal panel can agree with, change or reverse these decisions.

The appeal panel can also review decisions about a child who is under a Temporary Guardianship Order, Permanent Guardianship Order or agreement:

• being removed from or placed in a licensed residential facility such as a foster home, group care or with a specialized caregiver or facility that supports complex needs

The appeal panel can agree with these decisions or send them back to Child Intervention to be reconsidered under the CYFE Act and Regulations.

The appeal panel cannot review decisions about a child:

• filling an appeal when they are placed in a treatment facility
• being removed from a home that is not a licensed residential facility, including kinship care homes
• being placed in a secure services facility

For more information, review the CYFE Act and Regulations 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 administrative review decision letter.

The deadline to appeal will be different if you requested an administrative review but did not get the decision letter within 15 days. If this happens, make sure to appeal within 45 days from the date you requested the administrative review.

Step 1. Complete a notice of appeal

To file your appeal, use the Notice of Appeal form that relates to the matter you wish to appeal.

Fill out an appeal form

Download: open the Notice of Appeal to the Appeal Panel form in Adobe Reader, read the instructions, fill in the part that relates to your situation:

• Part 1 – Appellant is a Child
• Part 2 – Appellant is the Guardian of a Child
• Part 3 – Appellant is a Person who has had Continuous Care of a Child for More Than 6 Months
• Part 4 – Appellant is a Person Between the Ages of 18 and 24

Then 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 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 the administrative review 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], 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 the Child Intervention’s 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 Child Intervention.

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