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Review and Extension Process

Protection of Children Using Drugs (PChAD) Program

What rights does my child have within the PChAD program?

When your child is confined in a Protective Safe House (PSH) under a Protection of Children Abusing Drugs (PChAD) Protection Order, staff will make your child aware of their right to obtain

  • a copy of the PChAD Protection Order
  • a request-to-review form
  • a written explanation of their right to ask the court to review the PChAD Protection Order, and their right to contact a lawyer
  • the telephone number for the Legal Aid Society of Alberta (1-866-845-3425 business hours only)

Can my child request a review of their PChAD Protection Order?

Yes. Your child has the right to appeal their PChAD Protection Order at any time. If they make a request for review, the court may confirm, vary or terminate the original order (see below). The court can also extend the period of confinement set by the original order by up to five extra days. A review can be requested more than once, but a judge will decide how many times the case will be heard.

How are parents/guardians informed of a review? What are their responsibilities?

As the child’s guardian, you will be informed by either your child or the staff at the PSH whenever there is a request for a review. We recommend that you attend the review hearing, especially if you are the one who initiated the PChAD Protection Order. At the hearing, the judge may ask you to present any evidence that was also reviewed at the application hearing. If you know of any new evidence, the judge may ask you to present it.

What happens during the review process?

The purpose of a review is to give the child an opportunity to tell the judge why they feel they should not be under a PChAD Protection Order. Once a child has requested a review of their PChAD Protection Order, the review must take place within the next two days. Reviews are heard in courtrooms, and the child may have their lawyer present. Children can also be seen in court through the Closed Circuit Television system at their PSH, if this is available.

How do you apply for an extension?

Parents, guardians and Alberta Health Services staff can apply for an extension (up to a maximum of five extra days) of the child’s PChAD Protection Order. An extension is sometimes needed, for many different reasons (e.g., to complete an assessment of the child). The review process when applying for an extension is the same as described in the previous section. The application must be filed in court, and the review must be heard within two days of the request.

What can happen at the end of the review/extension hearing?

Once the order has been reviewed in court, three things could happen:

  1. The order can be confirmed (meaning there are no changes to the original order)
  2. The order can be varied (meaning it can be changed, including adding an extension of five days)
  3. The order can be terminated (meaning the child will be discharged from the PSH immediately)

Where do I find the review form?

Review forms are available at your local courthouse. A list of Alberta courthouses can be found at: Court Practice and Schedules, Provincial Court of Alberta.