Permanent Guardianship Orders and Agreements in Alberta Kinship Care
PGO and PGA: Two Paths to the Same Destination
When a child in Alberta cannot safely return to their biological parents, the child intervention system moves toward permanency. For kinship caregivers, this usually means one of two legal instruments: a Permanent Guardianship Order (PGO) or a Permanent Guardianship Agreement (PGA). Both transfer permanent responsibility for the child, but they get there differently and have different legal mechanics.
Understanding the distinction matters because it determines your route to private guardianship and, critically, your eligibility for the Supports for Permanency (SFP) program — the most comprehensive financial support package available to kinship families in Alberta.
What Is a Permanent Guardianship Order (PGO)?
A PGO is a court order issued under the Child, Youth and Family Enhancement Act (CYFEA). It places the child permanently in the care of the Director of Children and Family Services. The court grants a PGO when it determines that returning the child to their parents is not in the child's best interest and cannot be achieved within a reasonable time.
Key characteristics of a PGO:
- Issued by the court, not by agreement
- The Director becomes the child's legal guardian
- The biological parents' guardianship is terminated (though contact may continue if the court orders it)
- The child is now in permanent government care
- The PGO remains in effect until the child turns 18, is adopted, or a private guardianship order is granted
While a child is under a PGO, a kinship caregiver approved as the placement home receives the full kinship care per diem ($26.00 to $39.66 per day depending on the child's age), supplementary allowances, and the medical/dental coverage card.
What Is a Permanent Guardianship Agreement (PGA)?
A PGA is a voluntary agreement — not a court order — entered into between the biological parents (or the person with guardianship) and the Director under CYFEA. The parent voluntarily surrenders guardianship to the Director.
Key characteristics of a PGA:
- Signed voluntarily by the parent and the Director
- The Director becomes the child's legal guardian, same as a PGO
- Used when parents acknowledge they cannot care for the child and agree to a permanent transfer
- Less adversarial than a court-ordered PGO
- Same legal effect as a PGO once signed — the child is in permanent government care
For kinship caregivers, the practical difference between a PGO and PGA is minimal once the agreement or order is in place. In both cases, the child is in the Director's care, you receive kinship placement supports, and the pathway to private guardianship is the same.
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The Path to Private Guardianship — and SFP
Here is why PGOs and PGAs matter so much for kinship families: they are the gateway to the Supports for Permanency (SFP) program.
SFP provides ongoing financial and program support to families who obtain a private guardianship order for a child who was previously under a PGO or PGA. The sequence:
- The child is placed in your care under a PGO or PGA (formal kinship placement)
- You apply to the court for a private guardianship order, transferring legal guardianship from the Director to you
- Once granted, the child leaves government care and becomes your legal responsibility
- You apply for (or are transitioned to) the SFP program
SFP provides:
- Basic maintenance per diems (same age-based rates as kinship care, subject to the $180,000 household income test for orders granted after September 1, 2025)
- Up to 576 hours of respite care per year
- Up to 10 counselling sessions per year
- Emotional/behavioural funding of up to $70 per week
- Medical and dental coverage where the child has ongoing needs
- Cultural travel reimbursement for First Nations children
Once you hold a private guardianship order, you also become eligible to claim the Canada Child Benefit (CCB) and Alberta Child and Family Benefit (ACFB) directly — these were blocked while the child was in government care because the Director received the Children's Special Allowance instead.
What About Private Guardianship Under the Family Law Act (FLA)?
There is an important distinction. If you obtain private guardianship through the Family Law Act — without the child ever having been under a PGO or PGA — you are not eligible for SFP. The FLA track provides legal decision-making authority, but it does not create a history of government care, which is the SFP eligibility trigger.
FLA private guardians can claim CCB, ACFB, and apply for Income Support, but they do not receive kinship per diems, SFP supports, or the supplementary allowances that flow from the child intervention system.
Grandparents' Rights and Contact Orders
A common question from grandparents: "Do I have a right to custody?" Under Alberta's Family Law Act, a grandparent does not have an automatic right to guardianship — but they can apply to the court for a contact order or guardianship order if it is in the child's best interest. The Centre for Public Legal Education Alberta (CPLEA) publishes a Grandparents' Rights in Alberta booklet that covers the court process.
If the child is already in the child intervention system (under a TGO, PGO, or PGA), the route to permanent care runs through CFS, not through a separate court application.
Getting the Full Financial Map
The PGO/PGA distinction and SFP eligibility are central to understanding what money is available to you as a kinship caregiver in Alberta. The Alberta Kinship Financial Help Guide walks through all three care tracks — informal, formal kinship, and private guardianship — and maps every payment program to each one.
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