Residential facility licensing – 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 a residential facility licence. This includes licences for foster homes, group care, treatment facilities, or specialized caregivers or facilities that support complex needs. 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 about residential licensing under the Child, Youth and Family Enhancement Act and the Residential Facilities Licensing Regulation (CYFE Act and RFL Regulation) if you are:

• affected by that decision and you are a child, a guardian of a child or a person who cared for a child continuously for more than 6 of the 12 months before the decision was made
• a licence holder of a residential facility that is not a foster home

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 for intervention.

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

The appeal panel can review decisions about:

• the terms and conditions to renew a residential facility licence
• an order made after a residential facility inspection
• changing, suspending, not renewing or cancelling a residential facility licence

If you are a licence holder of a residential facility that is not a foster home, the appeal panel can only agree with, change or reverse the decision.

If you are a child, a guardian of a child, or a person who cared for a child continuously for more than 6 of the 12 months before the decision was made, the appeal panel can agree with the decision or send it back to Child Intervention to be reconsidered under the CYFE Act and RFL Regulation.

The appeal panel cannot review decisions about:

• secure services facilities
• residential licences being refused when you applied

For more information, review the CYFE Act and RFL 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 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

Fill out an appeal form

• Download: open the Notice of Appeal to the Appeal Panel form in Adobe Reader, read the instructions, fill in Part 6 – Appellant is a Person who Holds a Residential Facility Licence. Then save it and print it. Or, print a copy and fill it in. If you are not a person who holds a residential facility licence, contact the Appeals Secretariat about how to fill in the Notice of Appeal.
• 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 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