A Permanent Guardianship Order (PGO) is the most serious order a court can make under Alberta’s Child, Youth and Family Enhancement Act (CYFEA). It makes the Director the child’s sole guardian and ends the parent’s guardianship. If you are facing a PGO application, getting legal advice early is critical.
When can a court make a PGO?
Under section 34 of the CYFEA, the Alberta Court of Justice can make a PGO where it is satisfied that:
- the child is in need of intervention, or is already under a Temporary Guardianship Order;
- the child’s survival, security or development cannot be adequately protected if they stay with, or are returned to, the guardian; and
- it cannot reasonably be expected that the child can or should be returned to the guardian within a reasonable time.
The court often looks at the history of the file: what services were offered, whether the parent took part, whether earlier order terms were followed and whether circumstances have changed. For young children, the CYFEA’s time-in-care limits often bring the question of permanency to a head.
What a PGO means
- Guardianship. The Director becomes the child’s sole guardian, and the former guardian’s rights and responsibilities end.
- Placement. The child may live long-term in kinship or foster care, and adoption or private guardianship may become possible.
- Duration. A PGO generally lasts until the child turns 18, unless it ends sooner.
Access after a PGO
A PGO can include terms about contact between the child and former guardians, siblings or other important people. The court generally considers whether access could interfere with a possible adoption, and it may decline to order access for that reason. A child who is 12 or older generally must consent to court-ordered access.
Adoption and private guardianship
Once a child is under a PGO, the Director may plan for adoption or for a private guardianship order, often with kinship caregivers or long-term foster parents. A PGO automatically ends if an adoption order or private guardianship order is made. For Indigenous children, plans must respect the child’s identity, culture and community connections, and the child’s band or community is generally involved.
Appealing a PGO
A PGO can be appealed to the Court of King’s Bench of Alberta. The deadline is short, generally 30 days from the date of the order. When the order is made, you can generally ask the court for a short stay of up to five days. If you file a notice of appeal within that time, you may be able to ask for a stay until the appeal is decided.
Act quickly: Appeal deadlines are strict. If you are considering an appeal, speak with a lawyer right away.
Can a PGO be ended later?
Yes, in some circumstances. The Director can apply to end a PGO when it is safe and in the child’s best interests. A former guardian can also apply, generally only if the child has not been adopted, more than a year has passed since the appeal period ended or the appeal was decided, and more than two years have passed since any earlier application of this kind.
If a PGO is ended, the child is generally returned to the person who was the guardian before the order, though the court may make different arrangements.
How Olex Legal can help
We can represent you in a PGO application, help you present a realistic family or kinship plan, advise on appeals and assess whether an application to end a PGO may be possible. Read our guide to child intervention in Alberta, or book a consultation with our Calgary family law team.
Frequently asked questions
What is the difference between a TGO and a PGO? A TGO is temporary and aims to return the child home. A PGO is permanent: the Director becomes sole guardian and the parent’s guardianship ends.
Can I still see my child after a PGO? Possibly. The court can order access, but it will consider the child’s best interests and whether access could affect adoption. A child 12 or older generally must consent.
Can my child be adopted after a PGO? Yes. Adoption, or a private guardianship order, is often the long-term plan, and it ends the PGO.
How long do I have to appeal a PGO? Generally 30 days from the date of the order, to the Court of King’s Bench of Alberta. Get advice immediately.
Can I ever get my child back after a PGO? In limited circumstances. A former guardian can generally apply to end a PGO if the child has not been adopted and the waiting periods have passed.
Can a family member take guardianship instead? Yes, often. Relatives may be considered for kinship placement or private guardianship. Raise family options as early as possible in the case.
