Frequently Asked Questions About PChAD
1. What is PChAD?
2. How does the PChAD law affect me?
3. How does a parent/guardian get me into the PChAD program?
4. Where will I be taken?
5. Who decides whether I will be sent to a protective safe house?
6. What if I don’t agree to voluntary treatment?
7. Who will take me to the safe house?
8. Are there options available to me to avoid going to the safe house?
9. What is AADAC’s role in the PChAD program?
10. Why is this happening to me?
11. What will happen in the five days at the protective safe house?
12. Do I have to stay?
13. Is this like jail?
14. Will I have a "record"?
15. Who will have access to my file?
16. What is detox?
17. What is assessment?
18. What are my legal rights?
19. What is my parents’/guardians’ role in the process?
20. What happens afterwards?
What is PChAD?
The Protection of Children Abusing Drugs Act (PChAD) is an Alberta law that went into effect on July 1, 2006 to help people under 18 years of age whose use of alcohol or other drugs is likely to cause significant psychological or physical harm to themselves or others.
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How does the PChAD law affect me?
The PChAD law allows your parents or guardians to ask the court for an apprehension and confinement order. This law only applies to youth under the age of 18. In the application your parents must provide evidence to show that your alcohol or other drug abuse is so bad that it is likely to cause harm to you or harm to others. If the court agrees with your parents or guardians that your drug use is causing great harm, the courts will send you to a protective safe house for up to five days. This safe house will help you manage withdrawal and help you to decide your next steps. Here you will have the chance to talk to an AADAC counsellor.
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How does a parent/guardian get me into the PChAD program?
AADAC encourages parents/guardians to contact AADAC to explore all other alternatives, including voluntary programs, before applying for an apprehension and confinement order under PChAD.
In order for your parents to have you placed in the PChAD program, they must first file an application with the Provincial Court of Alberta, Family Court. If the court provides the order, you can then be placed in a protective safe house.
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Where will I be taken?
There are five protective safe house locations in Alberta: Grande Prairie, Edmonton, Red Deer, Calgary and Picture Butte. You will be taken to a location that best meets your needs, the needs of your family, and where there is a bed available.
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Who decides whether I will be sent to a protective safe house?
Ultimately, you have the ability to make that decision.
If you agree to attend an AADAC treatment program voluntarily, this means you will not be taken to a protective safe house.
If you agree to voluntary treatment at AADAC, and don’t follow through, your parents/guardians may follow through with the apprehension and confinement order to have you taken to a safe house where you will undergo the same type of treatment as you would receive in a voluntary setting. However, in a voluntary setting, there is no confinement.
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What if I don’t agree to voluntary treatment?
If you don’t agree to voluntary treatment, then a judge will decide whether you will be sent to a protective safe house.
The judge will use their knowledge, experience, and sound judgment in deciding on a court order. The judge will consider the information provided during the application process, and must be convinced that your alcohol or other drug abuse has caused or will likely cause significant harm to you or others. Harm to you means psychological, social or physical harm. Harm to others is physical harm.
Who will take me to the safe house?
Your parents or guardians can take you to the protective safe house. However, if that is not possible because your parents/guardians don’t know where you are, or because you are no longer at home, the apprehension and confinement order may also give the police permission to find you and take you to the protective safe house. This means that the police may search for you and enter a place they believe you may be.
It is important for you to know that confinement under the PChAD Act does not result in a criminal record. This law does not intend to criminalize you; it intends to offer you a way to be helped
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Are there options available to me to avoid going to the safe house?
Yes. As noted in Question 5, if you agree to attend treatment in a voluntary setting, you will avoid possible apprehension, and confinement in a protective safe house.
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What is AADAC’s role in the PChAD program?
PChAD fits with AADAC’s focus on youth. AADAC is leading program development, supporting development of rules and procedures, and will implement respective services July 1, 2006.
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Why is this happening to me?
If you find yourself in this situation, it is probably because your parents or guardians believe you need help, you are not safe and they needed to make a decision for you. You may have tried voluntary treatment several times but have not stuck with it. You may not have sought help for your substance abuse. Your parents want to help and they are afraid for your safety.
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What will happen in the five days at the protective safe house?
The judge may have instructed that you be confined at the protective safe house for a period of time, up to five days. The protective safe house staff will help you to begin withdrawal from the drugs, or alcohol.
An AADAC counsellor will speak with you to learn more about your alcohol and other drug use. They will help you to decide what parts of your life have been affected by your drug use, what you might want to do about it and where you could go after your stay at the protective safe house. The AADAC counsellor will also work with you to make recommendations on a treatment plan for you to follow after you are discharged. Your parents/guardians will have an opportunity to get involved in the process.
This is also a difficult time for you and your family. AADAC will work with you and your family, helping everyone to deal with the situation and come up with solutions to the problems.
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Do I have to stay?
Yes, you have to stay for the period of time stated in the court order.
However, you have the right to request the court to review the court order that placed you in the protective safe house. As soon as you arrive, the staff at the protective safe house will provide you with information explaining how you do this. Once the judge reviews your request, he or she can shorten your length of stay or even terminate the original order. Your stay will not be lengthened.
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Is this like jail?
No. A protective safe house is a safe place where specially trained staff provide you with round-the-clock help. You will have a room, bed, meals, etc. There will be games, and things to do when you are feeling better. Staff will be there to help you during your stay.
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Will I have a "record"?
All client information with AADAC is highly confidential and access to records is highly protected. It is important for you to know that confinement under the PChAD Act does not result in a criminal record. This law does not intend to criminalize you; it intends to offer you a way to be helped.
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Who will have access to my file?
Only you will receive a copy of the assessment and AADAC will keep a copy on file. In accordance with privacy laws, the assessment can only be shared with other people if you agree to share the information and sign a release form.
There are a few situations where your information may be shared with others without your consent. The AADAC counsellor will make sure you know and understand those special situations, prior to the release of your information.
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What is detox?
Detox is the short form of detoxification, which means a person is withdrawing from the effects of alcohol and other drug abuse.
The goals of detoxification in the PChAD protective safe house include attending to the person’s basic needs and health concerns.
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What is assessment?
Assessment is an evaluation of potential harm related to what you are doing, what types of drugs you are using, and whether you are ready to change.
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What are my legal rights?
If you are confined in a protective safe house under a PChAD court order, you will be advised
- that you have the right to contact Legal Aid or a lawyer
- why you have been confined
- how long your confinement will last
- that you have the right to ask the court for a review of the confinement order and will be given a Request for Review form
- that if a Request for Review is filed with the court, it will be reviewed within a day
- that you have the right to decide how and what of your personal information is shared.
You have a right to appeal the apprehension and confinement order at any time. If you make a request for review and it is heard, the court may make an order confirming, varying or terminating the original order. The court cannot extend the period of confinement set by the original order.
If you decide to appeal the order, there will be adults to help you through this process.
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What is my parents’/guardians’ role in the process?
Your parents or guardians need to be there and be a support to you in order for you to build a new "non-using" life. They need to learn and understand what the challenges will be and how they can support you when things get tough. That’s why we encourage parents/guardians to participate in your treatment program while you are residing in a protective safe house. How much participation can vary and will depend on your family’s needs. AADAC offers services ranging from general information sessions to family counselling.
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What happens afterwards?
When you have completed your stay at the protective safe house, you will be discharged. Your parents will pick you up and take you home. You will have your assessment and the recommended treatment plan. AADAC will work with you to place you in AADAC programs where you can continue your treatment and recovery. The next move is up to you. We hope you choose to continue with recovery.
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Want to know more? Call the AADAC Help Line at 1-866-332-2322.
You can also take virtual tours of our Youth Services centres in Edmonton and Calgary.
