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Renke J also ordered that the Director provide financial assistance for the adoption under s 81 of the Alberta CYFEA and a further hearing was scheduled to determine access rights for the grandmother under the adoption order.
(104) CFCSA, supra note 49, ss 35(2)(d), 41(1)(b), 42.2(4)(c), 49(7)(b), 54.01(5), 54.1; Alberta CYFEA, supra note 27, ss 52-57; Sask CFSA, supra note 31, s 23; Yukon, Child and Family Services Act, SY 2008, c 1, ss 48(2), 49(1), 57(3)(b); Ontario CYFSA, supra note 27, ss 101(1), 102(1); Children and Youth Care and Protection Act, SNL 2010 c C-12.2, s 32(2)(b) [CYCPA]; Child Protection Act, SPEI c C-5.1, s 28(2); NS CFSA, supra note 64, ss 36(1)(f), 36(4).
In TW v Alberta, 2009 ABCA 25, grandparents were able to claim private guardianship pursuant to the FLA of children who were in the custody of the director under the CYFEA. Under the FLA ss 23-24, an applicant for guardianship must have had care and control of the child for more than 6 months prior to the application and have the guardian's consent but both these requirements can be waived if the court is satisfied that there are "good and sufficient reasons" to do so.
CYFEA allows publication of identifying information of a deceased child who had current or previous involvement with the Director.
The family members permitted to make an application for a publication ban under CYFEA include a parent, guardian, grandparent, or sibling of the deceased child, or someone who stands in the place of a parent within the meaning of section 48 of the Family Law Act.
CYFEA does not provide any timelines for applying for a publication ban.
CYFEA does not allow a child to request a review of a Permanent Guardianship Order.
It is clear that CYFEA's approach to Permanent Guardianship does not support the preservation of the family unit in the same way that the legislation in other jurisdictions does.