Child Welfare Panel

Legal Aid Alberta’s Child Welfare Panel will work to support roster lawyers that take on child welfare certificates. The goal is to help ensure lawyers receive the appropriate support, training and mentoring needed to work on these files.  This will include knowledge of all relevant provincial, federal and local child welfare legislation.

Benefits

• Ability to develop an expertise and practice in child welfare.
• Ability to get certificates on child welfare files.
• Enhance knowledge and skillsets.
• Opportunities to be a mentor and share your child welfare expertise.
• Opportunity to be mentored or supported by an experienced child welfare lawyer.

Help address systemic issues in Canada. 

One in 10 children in Alberta are of Indigenous heritage and make up almost 70% of those in the child welfare system. In Alberta, the overrepresentation of Indigenous children is among the highest in Canada. The overrepresentation began long ago, accelerated in the 1960s with the Sixties Scoop, and has become more noticeable in recent decades.

You share LAA values.

Representation of parents and guardians in child welfare cases is a mandated service part of  LAA’s Governance Agreement and is a priority area for our offices, where we have a team of lawyers who have training and knowledge in child welfare matters.

1. Number of Files

The number of child welfare files may vary substantially between geographic service areas. LAA cannot estimate how many certificates it may offer to panel members as this depends on how many lawyers LAA selects for the panel and where these lawyers practice law.

All child welfare files are sent in priority to the staff offices for acceptance. Child welfare files will be sent to roster panel members when the staff offices have a legal conflict of interest, do not service a geographic location, are at capacity for child welfare files or where a roster counsel has a pre-existing relationship with the client. Each panel member is expected to maintain experience and currency in child welfare matters by taking a reasonable number of child representation files offered to them during their time on the panel. Lawyers on the panel must also be prepared to accept files throughout their geographic service areas.

2. Training and Continuing Legal Education

In addition to taking these files, panel lawyers are expected to seek out continuing legal education opportunities relevant to the competencies listed above and complete at least 6 hours per year of professional continuing education in child welfare.

This may include a combination of:

• • • Attending training sessions, seminars, or webinars offered by LAA’s staff lawyers or others in the area of child welfare.
    • Attending training on child protection offered by a recognized organization or associations including but not limited to Legal Education Society of Alberta, Legal Representation of Children and Youth, Association of Family and Conciliation Courts, Canadian Bar Association, National Family Law Conference, Wahkohtowin Lodge, University of Alberta Faculty of Law or other private training that may be offered from time to time.
    • Reading treatises, academic papers and caselaw relevant to child protection.
    • Undertaking cultural competency training or other training that helps the lawyer gain a greater understanding of the challenges facing Indigenous children and families.

LAA may also direct panel members to undertake specific professional development activities. Lawyers who intend to reapply to the panel should be prepared to explain what continuing legal education they have undertaken in relation to the panel competencies.

Any LAA roster lawyer who has been practicing child welfare law in Alberta for a minimum of two years is eligible to apply to join this child protection panel. Lawyers who do not have two years of experience in practicing child welfare law may apply but will be required to have a designated mentor who has extensive experience practicing in the area of child welfare in Alberta and is prepared to support and mentor the lawyer on child welfare files.

Lawyers with less than two years of experience will be encouraged to make best efforts to shadow an experienced child welfare lawyer in a Permanent Guardianship Order (“PGO”) trial prior to running a PGO trial.

Competitive applicants will demonstrate the following competencies:

• • Significant knowledge of and experience in child welfare proceedings under Child, Youth Family Enhancement Act (hereinafter referred to as “CYFEA”), the CYFEA Regulations and Children Services Enhancement Act Policy Manual.
  • Good understanding of the interplay between CYFEA and the Family Law Act as it relates to private guardianship, guardianship and other parenting arrangements. A strong knowledge of the rules of evidence is necessary as they relate to running a child welfare trial. Counsel should have experience in conducting all aspects of a child welfare file from running initial custody hearings, negotiating resolutions to conducting a child welfare trial.
  • Specific training and experience in representation of Indigenous individuals in the child protection matters and a deep appreciation of the challenges faced by Indigenous individuals in the child protection and criminal justice system. Lawyers must have a deep understanding of the issues faced by Indigenous peoples and the continuing impacts that Colonialism plays in their families’ lives.
  • In depth knowledge of An Act Respecting First Nations, Inuit and Metis Children, Youth and Families Act, the United Nation Declaration on the Rights of Indigenous People, the Truth and Reconciliation Commission’s Recommendations, the Missing and Murdered Indigenous Women and Girls Inquiry’s Call to Justice and the Office of the Child and Youth Advocate Special Report on the Overrepresentation of Indigenous children in the Child welfare system in Alberta are required reading-
  • Experience working with and meeting with children including children from Indigenous and marginalized communities and children who are exposed to the toxic stress of high conflict family breakdown.
  • Strong communication, problem solving, conflict management, resolution focused and negotiation skills in working with families involved in the child welfare system. This includes interest or experience working with families from Indigenous and marginalized communities, newcomers to Canada, families who are experiencing domestic violence, poverty, addiction, in addition to family breakdown. Experience in working with and managing the expectations of parents with mental health and addictions is required.
  • Familiarity with the agencies and programs that serve families involved in the child welfare system within the lawyer’s geographic service area.

Lawyers do require direct or extensive experience in the areas listed above, but if a lawyer lacks directly relevant experience in an area, the lawyer should have a plan for maintaining those competencies while a member of the panel.

View the full list of competencies and standards.

Lawyers who are interested in joining this panel must submit the application form and CV to LAA before the deadline noted on the LAA website. Lawyers will be selected for the panel in accordance with the process set out in LAA’s Administrative Policy 6.

The panel selection committee will review applications, may determine an interview is required and a LAA staff member may contact references listed on the application form to discuss the applicant’s interest, aptitude, or experience. By applying to the panel, roster lawyers authorize LAA to make confidential inquiries into the lawyer’s qualifications and competencies.

To apply for the panel:

1. Complete the panel application form.
2.  Submit application to: [email protected].

Application deadline:  Jan. 16, 2023

The panel will be chosen and in place as of April 1, 2023, thereafter certificates for child welfare matters will go to panel members effective April 1, 2023.

Questions about the panel?

Please contact panel manager Andrea Doyle, Senior Advisory Counsel, Family and Immigration at [email protected].