Children First Act

CHILDREN FIRST ACT Chapter C‑12.5 Table of Contents 1 Definitions 2 Children’s Charter 3 Review 4 Information‑sharing for purposes of providing services 5 Information‑sharing for research purposes 6 Regulations Consequential and Related Amendments and Coming into Force 7 ‑ 24 Consequential and related amendments 25 Coming into force Preamble WHEREAS the well‑being, safety, security, education and health of children are priorities for Albertans; WHEREAS Albertans recognize that children are the future of the province and that ensuring that every child has the opportunity to become a successful adult will benefit society as a whole; WHEREAS programs and services for children are most effective when they are provided through a collaborative and multi‑disciplinary approach; WHEREAS the Government of Alberta is committed to working with individuals, families, communities, non-governmental organizations and the private sector, as well as with other governments, to support and create opportunities for children; WHEREAS sound, evidence based research is critical in the design and development of effective actions to allow, encourage and support successful outcomes for children and families; and WHEREAS appropriate sharing of information between individuals and organizations planning or providing programs and services for children is critical to ensuring successful outcomes for children and families; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Definitions 1 In this Act, (a) “child” means a person who is under the age of 18 years; (b) “custodian” means a custodian as defined in the Health Information Act ; (c) “department” means a department established under section 2 of the Government Organization Act ; (d) “health information” means health information as defined in the Health Information Act ; (e) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act; (f) “personal information” means personal information as defined in the Protection of Privacy Act ; (g) “service provider” means (i) a department, (ii) an educational body as defined in the Protection of Privacy Act ; (iii) a police service as defined in the Police Act ; (iv) an individual or organization that provides programs or services for children under an agreement with a public body as defined in the Protection of Privacy Act ; (v) any other individual or organization provided for in the regulations; (h) “youth” means an individual who is over the age of 18 years but under the age of 22 years. 2013 cC-12.5 s1;AR 141/2025 Children’s Charter 2 (1) The Minister shall establish a Children’s Charter to guide the Government of Alberta and its departments in the development of policies, programs and services affecting children and to guide collaboration among departments and agencies, service providers and Albertans. (2) The Children’s Charter must recognize the following principles: (a) that all children are to be treated with dignity and respect regardless of their circumstances; (b) that a child’s familial, cultural, social and religious heritage is to be recognized and respected; (c) that the needs of children are a central focus in the design and delivery of programs and services affecting children; (d) that prevention and early intervention are fundamental in addressing social challenges affecting children; (e) while reinforcing and without in any way derogating from the primary responsibility of parents, guardians and families for their children, that individuals, families, communities and governments have a shared responsibility for the well‑being, safety, security, education and health of children. (3) The Minister may review the Children’s Charter from time to time and amend or repeal and replace it as the Minister considers appropriate. (4) The Children’s Charter and any amendment or repeal and replacement of the Children’s Charter require the approval of the Legislative Assembly. Review 3 The Minister shall conduct a Government‑wide review of policies, programs and services affecting children and shall, after concluding the review, lay a report respecting the review before the Legislative Assembly if it is then sitting or, if it is not then sitting, within 15 days after the commencement of the next sitting. Information‑sharing for purposes of providing services 4 (1) For the purposes of enabling or planning for the provision of services or benefits to a child, a service provider may collect and use either or both of the following: (a) personal information about the child or a parent or guardian of the child from another service provider; (b) health information about the child from a custodian. (2) For the purposes of enabling or planning for the provision of services or benefits to a child, (a) a service provider may disclose to another service provider personal information about the child or a parent or guardian of the child, and (b) a custodian may disclose to another custodian or to a service provider health information about the child if, in the opinion of the service provider or custodian making the disclosure, the disclosure is in the best interests of the child. (3) A service provider may disclose personal information and a custodian may disclose health information about a child to a guardian of the child if (a) the disclosure is not contrary to the express request of the child, and (b) the service provider or custodian making the disclosure is of the opinion that the disclosure is in the best interests of the child. (4) A service provider or custodian shall, in accordance with the procedures set out in the regulations, maintain records about the disclosure of information under this section. Information‑sharing for research purposes 5 (1) In this section, (a) “anonymized health information” means health information from which the identity of the individual who is the subject of the health information cannot readily be ascertained; (b) “anonymized personal information” means personal information from which the identity of the individual who is the subject of the personal information cannot readily be ascertained. (2) A department may disclose anonymized personal information about a child, a child’s parent or guardian or a youth, and a department that is a custodian may disclose anonymized health information about a child, a child’s parent or guardian or a youth, to PolicyWise for Children & Families for the purposes of facilitating research that (a) is being conducted, or is to be conducted, under an agreement with one or more departments that meets the requirement of the regulations, and (b) is intended by the departments referred to in clause (a) to support one or more of the following: (i) the development of effective programs and services for children; (ii) the integration of policies affecting children; (iii) the co‑ordination of programs and services for children. (3) An agreement referred to in subsection (2)(a) must include, in accordance with the regulations, terms and conditions respecting the use, security, confidentiality, retention and disposition of anonymized personal information and anonymized health information disclosed under subsection (2). 2013 cC‑12.5 s5;2017 c22 s11 Regulations 6 The Lieutenant Governor in Council may make regulations (a) defining any term used but not defined in this Act; (b) respecting individuals or organizations for the purpose of section 1(g)(v); (c) respecting the procedures for the purpose of section 4(4); (d) respecting terms and conditions referred to in section 5(3); (e) respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable for carrying out the intent of this Act. Consequential and Related Amendments and Coming into Force 7 Repealed 2013 cS‑19.3 s3. 8 (This section amends the Child and Youth Advocate Act; the amendment has been incorporated into that Act.) Amends RSA 2000 cC‑12 9 (1) The Child, Youth and Family Enhancement Act is amended by this section. (2) to (23) Repealed 2013 cS‑19.3 s3. (24) (This provision has been consolidated.) (25) to (46) Repealed 2013 cS‑19.3 s3. (47) Repealed 2014 c7 s20. (48) to (50) Repealed 2013 cS‑19.3 s3. (51) Section 114(1) is amended (a) r epealed 2013 cS‑19.3 s3; (b) (This provision has been consolidated.) (c) repealed 2013 cS‑19.3 s3. (52) to (62) Repealed 2013 cS‑19.3 s3. (63) Section 130 is amended (a) (This provision has been consolidated.) (b) repealed 2013 cS‑19.3 s3. (64) to (66) Repealed 2013 cS‑19.3 s3. Amends SA 2006 cD‑17 10 (1) The Drug‑endangered Children Act is amended by this section. (2) and (5) Repealed 2013 cS‑19.3 s3. (6) Section 7 is amended (a) (This provision has been consolidated.) (b) repealed 2013 cS‑19.3 s3. (7) Repealed 2013 cS‑19.3 s3. 11 Repealed 2013 cS‑19.3 s3. Amends SA 2003 cF‑4.5 12 (1) The Family Law Act is amended by this section. (2) to (5) Repealed 2013 cS‑19.3 s3. (6) to (9) (These provisions have been consolidated.) 13 Repealed 2013 cS‑19.3 s3. 14 to 16 (These sections amend other Acts; the amendments have been incorporated into those Acts.) 17 Repealed 2013 cS‑19.3 s3. 18 (This section amends the Premier’s Council on Alberta’s Promise Act; the amendment has been incorporated into that Act.) Amends RSA 2000 cP‑27 19 (1) The Protection Against Family Violence Act is amended by this section. (2) (These provisions have been consolidated.) (3) to (5) Repealed 2013 cS‑19.3 s3. (6) (This provision has been consolidated.) Amends RSA 2000 cP‑30.3 20 (1) The Protection of Sexually Exploited Children Act is amended by this section. (2) to (12) Repealed 2013 cS‑19.3 s3. (13) (This provision has been consolidated.) (14) and (15) Repealed 2013 cS‑19.3 s3. 21 Repealed 2012 cE‑0.3 s264.2. 22 and 23 (These sections amend other Acts; the amendments have been incorporated into those Acts.) 24 Repealed 2013 cS‑19.3 s3. Coming into force 25 This Act comes into force on Proclamation. (NOTE: The preamble and sections 1, 2, 3, 6(a), (b) and (e), 8, 9(1), (51)(b) and (63)(a), 10(1) and (6)(a), 12(1), (7) and (8), 14, 15, 16, 18, 19(1), (2) and (6), 20(1) and (13), 22 and 23 proclaimed in force November 1, 2013. Sections 4, 5, 6(c) and (d), 9(24) and 12(6) and (9) proclaimed in force January 1, 2014.)