A Supervision Order allows a child to stay at home with their parent or guardian while Children and Family Services monitors the family under conditions set by a judge. For many families it is a middle ground: more formal than a voluntary agreement, but far less disruptive than removal.
What is a Supervision Order?
Under section 28 of the Child, Youth and Family Enhancement Act (CYFEA), the Alberta Court of Justice can order that a child who is in need of intervention remain with their guardian, under the supervision of the Director. The court generally makes this order where it is satisfied that the child can be adequately protected at home, but only if supervision and conditions are in place.
Supervision Orders are often sought where a voluntary Family Enhancement Agreement could not be reached, or was tried and did not resolve the concerns.
How long does a Supervision Order last?
A Supervision Order can be made for up to six months. Before it ends, the Director can apply for a further order if concerns remain. The court can also vary or end the order when circumstances change.
Common conditions
Every order is tailored to the family, but conditions often include:
- Allowing caseworker visits to the home, sometimes unannounced
- Attending parenting programs, counselling or treatment
- Completing parenting, psychological or addiction assessments
- Keeping the child in school or attending medical appointments
- No contact between the child and a particular person
- Abstaining from alcohol or drugs, sometimes with testing
Important: Conditions in a Supervision Order are court-ordered. If they are not followed, the Director may return to court and ask for a more intrusive order, such as a Temporary Guardianship Order.
Responding to an application
You will be served with the Director’s application and given a court date. You can consent to the order, consent to it with changed terms, or oppose it. Many applications are resolved by negotiating conditions that are workable for your family, without a contested hearing.
If you oppose the order, the Director must prove that your child is in need of intervention and that supervision is necessary. You can file your own evidence and propose a different plan.
Reviewing or ending the order
During the term of a Supervision Order, the guardian, and a child who is 12 or older, generally have one opportunity to apply to the court to review it. You might seek a review if circumstances have improved or if a condition is unworkable. The order can also be appealed to the Court of King’s Bench of Alberta, generally within 30 days.
Making the most of a Supervision Order
- Keep proof of every program, appointment and test you complete.
- Stay in regular, respectful contact with your caseworker.
- Raise problems early. If a condition conflicts with work or childcare, ask to adjust it rather than missing it.
- Get legal advice before any review or renewal hearing.
A Supervision Order that ends with the concerns resolved is often followed by the file being closed.
How Olex Legal can help
We can help you respond to an application, negotiate realistic conditions and represent you at hearings and reviews. Read our guide to child intervention in Alberta, or book a consultation with our Calgary family law team.
Frequently asked questions
Does a Supervision Order mean my child will be taken away? No. Under a Supervision Order, your child lives with you. Not following the conditions can, however, lead to further court applications.
How long can a Supervision Order last? Up to six months, though the Director can apply for a further order before it expires.
Can I agree to a Supervision Order without a trial? Yes. Many orders are made by consent, often after negotiating the conditions. Get legal advice before you consent.
Can my child ask for a review? Generally, a child who is 12 or older can apply for a review during the order, as can the guardian.
What is the difference between a Supervision Order and a Family Enhancement Agreement? An agreement is voluntary and made without court. A Supervision Order is made by a judge, and its conditions are court-ordered. See Family Enhancement Agreements in Alberta.
Which court makes Supervision Orders? The Alberta Court of Justice, Family and Youth Division. Appeals go to the Court of King’s Bench of Alberta.
