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Under section 143 of the Family Services Act, the Lieutenant-Governor in Council makes the following Regulation:

1This Regulation may be cited as the Adoptive Applicant Regulation - Family Services Act.

2In this Regulation

“Act” means the Family Services Act;(Loi)

“adoptive applicant registry” means a system for the registration of applicants for adoption that is maintained by the Minister;(registre des demandeurs en adoption)

“applicant” means a person who applies under subsection 67(1) of the Act;(demandeur)

“Minister” Repealed: 2019, c.2, s.56

“counselling and assessment services agency” means a non-profit community social service agency approved under paragraph 3(1)(b.1) of the Act for the purposes of paragraph 3(1)(b) of the Act and sections 67, 71 and 74 of the Act;(agence de services de consultation et d’évaluation)

“siblings” includes(frères et soeurs)

(a) two or more children who have the same natural parent or natural parents, and

(b) two or more children who have been living together in a family relationship where love, affection and ties exist between such children and includes children who have been living with foster parents.

2016, c.37, s.68; 2019, c.2, s.56

2.1For the purposes of subsection 74(3) of the Act a “risk assessment” means a report that contains the following elements:

(a) an assessment of the applicant’s consistent ability to provide for the basic living needs of the adoptive child;

(b) an assessment of the applicant’s capacity to parent by reason of an absence of any serious physical, mental or emotional health problem, disorder or disability of a life-threatening nature;

(c) an assessment of the applicant’s status and the status of any member of the applicant’s household in respect of addiction to alcohol or a “controlled substance”, as defined in the Controlled Drugs and Substances Act (Canada), and as set out in paragraph 3(1)(e.4);

(d) an assessment of the risk to the adoptive child by reason of the applicant’s success or failure to meet the criteria set out in paragraphs 3(1)(e.2) and (e.5) to (e.7).

2007-84

3(1)The criteria for approving an applicant as a prospective adopting parent for the purposes of subsection 67(2) of the Act are:

(a) an application duly completed by the applicant has been received by the Minister or a counselling and assessment services agency;

(b) the applicant has submitted a medical certificate duly signed by a medical practitioner attesting that the applicant is in good medical health and that in the practitioner’s opinion there are no reasons preventing the applicant from becoming an adopting parent;

(c) home visits to the applicant’s residence have been completed;

(d) the applicant has been recommended as an individual whose inter-family or inter-community relationships are considered stable, healthy and supportive by at least three references of persons not related to the applicant;

(e) the applicant has demonstrated the maturity and ability required to parent a child and has the understanding and knowledge to deal with a child’s continued physical and emotional needs and to ensure and encourage the child’s normal physical, emotional and educational growth and development according to the child’s ability;

(e.1) the applicant has successfully completed training approved by the Minister for prospective adopting parents;

(e.2) the applicant demonstrates consistent availability of

(i) sufficient resources to provide for a child’s basic living needs, and

(ii) appropriate child care;

(e.3) the applicant demonstrates no serious physical or mental health problem, emotional disorder or disability of a life-threatening degree that would impede the applicant’s capacity to parent a child;

(e.4) neither the applicant nor a member of the applicant’s household is addicted to alcohol or a “controlled substance”, as defined in the Controlled Drugs and Substances Act (Canada), and that where the applicant or a member of the applicant’s household has been so addicted in the past, that

(i) three years has passed without dependence on the addictive substance, and

(ii) the applicant presents evidence of the measures taken by that person to remain free from dependence on the addictive substance;

(e.5) no substantiated report of domestic violence, of a physical, emotional or sexual nature, by a member of the applicant’s household has been reported to police or other authorities for a period of three years and no evidence of domestic violence is observed on the home visits to the applicant’s residence;

(e.5.1) there has been no substantiated report of child abuse, whether of a physical, emotional or sexual nature, by a member of the applicant’s household that has been reported to police or another authority and no evidence of child abuse is observed on the home visits to the applicant’s residence;

(e.5.2) there is no existing situation that could threaten the life or health of a child in the applicant’s residence;

(e.6) neither the applicant nor a member of the applicant’s household has been convicted of an offence under the Criminal Code (Canada) set out in Schedule A;

(e.7) the applicant demonstrates that the applicant’s motives for the prospective adoption are consistent with the best interests of the child to be adopted; and

(f) the applicant has met all the other criteria set out in this Regulation.

3(1.1)A period of at least twelve months shall pass between successive adoption placements with a prospective adopting parent, unless the latest application relates to the adoption of a sibling of a child residing with the prospective adopting parent.

3(2)Prior to the first visit to an applicant’s residence, the applicant’s name, address and date of birth shall be checked with the adoptive applicant registry to determine if there is information filed on the applicant and if the applicant is not registered on the adoptive applicant registry, he shall be so registered.

3(3)The information obtained under subsection (2) shall be considered as part of the assessment of an applicant.

3(4)Following the visits to an applicant’s residence referred to in paragraph (1)(c), if, in the opinion of the Minister or the counselling and assessment services agency, it is deemed necessary, the applicant’s residence shall be

(a) inspected to ensure that the residence meets

(i) the standards prescribed by or incorporated by reference into regulations under the Fire Prevention Act, or

(ii) the standards approved by the fire marshal, deputy fire marshal, a fire prevention officer, a special assistant or a local assistant in accordance with the Fire Prevention Act, or

(b) inspected by the public health inspector for the health region in which the applicant’s residence is located to ensure that the residence meets the standards established by the Minister of Health under the Public Health Act.

3(5)An applicant’s residence shall have sufficient indoor and outdoor space to safely accommodate the child being requested by the applicant.

3(6)An applicant shall submit a statement of income and major expenditures to substantiate that the adoption of a child would not be an excessive financial burden for the applicant.

3(7)An applicant shall submit a certificate of birth as proof of age.

3(8)Except for an applicant wishing to adopt a child over eight years of age, a child with special needs or siblings, an applicant shall be a resident of New Brunswick at the date of filing an application.

3(9)Notwithstanding subsection (8), the Minister or the counselling and assessment services agency may accept as approved an applicant who has been approved as a prospective adopting parent by another province.

3(10)Married applicants and applicants who are common-law partners shall have cohabited continuously for at least two years immediately before the date the assessment of the applicants begins.

3(11)Unless otherwise authorized by the Minister, all the activities that relate to the consideration of an applicant, including the decision to approve or not approve the applicant as a prospective adopting parent, shall be completed within six months of the date the assessment of the applicant begins.

3(12)An applicant shall be advised in writing of the date the assessment of the applicant begins.

2000, c.26, s.118; 2006, c.16, s.69; 2007-84; 2009-97; 2016, c.37, s.68; 2017, c.42, s.83

3.1Repealed: 2007-84

96-75; 2007-84

4(1)Where an applicant is approved as a prospective adopting parent by the Minister or a counselling and assessment services agency, a notice of approval shall be forwarded to the applicant within five working days of the decision.

4(2)A notice of approval shall state the effective date that an applicant is approved as a prospective adopting parent by the Minister or a counselling and assessment services agency.

4(3)A copy of the notice of approval shall be forwarded to the adoptive applicant registry for the applicant’s registration as an approved prospective adopting parent.

4(4)A notice of approval expires twelve months from the date indicated thereon.

2016, c.37, s.68

5(1)An applicant whose notice of approval has expired and who wishes to renew his application shall forward a request to the Minister or the counselling and assessment services agency applied to under subsection 67(1) of the Act.

5(2)The Minister or the counselling and assessment services agency shall forward an update form to the applicant referred to in subsection (1) and shall request a new medical assessment and any other information deemed necessary to complete the required documentation.

5(3)When the information referred to in subsection (2) has been received and assessed during a visit to the applicant’s residence, a notice of renewal shall be forwarded to the applicant in accordance with section 4 or a notice of refusal shall be forwarded to the applicant in accordance with section 6.

2016, c.37, s.68

6(1)Where an applicant is not approved as a prospective adopting parent by the Minister or a counselling and assessment services agency, a notice of refusal shall be forwarded to the applicant within five working days of the decision.

6(2)A notice of refusal shall

(a) contain a statement of the results of the assessment of the applicant and the reasons for the refusal of the application, and

(b) Repealed: 2007-84

6(3)A copy of a notice of refusal shall be forwarded to the adoptive applicant registry for registration.

2007-84; 2016, c.37, s.68

7(1)Within thirty days of the forwarding of a notice of approval, a notice of renewal or a notice of refusal to an applicant, a counselling and assessment services agency applied to under subsection 67(1) of the Act shall forward the applicant’s entire file to the adoptive applicant registry.

7(2)No information from the applicant’s file referred to in subsection (1) shall be reproduced, maintained or removed by the counselling and assessment services agency.

8During an assessment of an applicant by a counselling and assessment services agency, the Minister may at any time request that information be forwarded to the adoptive applicant registry and that the assessment be completed by the Minister where it is deemed necessary and appropriate.

2016, c.37, s.68

9(1)Repealed: 2007-84

9(2)Repealed: 2007-84

9(3)Repealed: 2007-84

9(4)Repealed: 2007-84

9(5)The Minister shall give preference to placing siblings in the same adoptive home or related adoptive homes if the home

(a) meets the best interests of the child,

(b) meets the criteria and standards set out in this Regulation, and

(c) meets the criteria and standards set by the Minister.

92-35; 2007-84; 2016, c.37, s.68

9.1The Minister shall provide to a prospective adopting parent a copy of the social and health history of the child and the parents of the child mentioned in subsection 75(3) of the Act and the prospective adopting parent shall acknowledge receiving the copy by signing the acknowledgement form presented to him or her by the Minister.

2007-84; 2016, c.37, s.68

10(1)The social services provided under subsection 71(2) of the Act may include an assessment of the prospective adopting parents where the prospective adopting parents consent to the assessment.

10(2)Within sixty days after the request for an assessment of the prospective adopting parents referred to in subsection (1),

(a) the assessment shall be completed, and

(b) the parent of the child shall be advised of the findings of the assessment.

10(3)The criteria to be used for an assessment of the prospective adopting parents referred to in subsection (1) are the criteria established under

(a) paragraphs 3(1)(b) to (f),

(b) subsection 3(2) except that the prospective adopting parents shall not be registered on the adoptive applicant registry, and

(c) subsections 3(3) to (8) and (10).

SCHEDULE A

151	Sexual interference
152	Invitation to sexual touching
153	Sexual exploitation
153(1.1)	Sexual exploitation of person with disability
155	Incest
159	Anal intercourse
160	Bestiality
163	Corrupting morals
163.1	Child pornography
167	Immoral theatrical performance
168	Mailing obscene matter
170	Parent or guardian procuring sexual activity
171	Householder permitting sexual activity
172	Corrupting children
172.1	Luring a child
173	Indecent acts
175	Causing disturbance, indecent exhibition, loitering
218	Abandoning child
219	Criminal negligence
220	Causing death by criminal negligence
221	Causing bodily harm by criminal negligence
229-240	Murder, manslaughter and infanticide
241	Counseling or aiding suicide
242	Neglecting to obtain assistance in child birth
243	Concealing body of child
244	Causing bodily harm with intent - firearm
244.1	Causing bodily harm with intent - air gun or pistol
245	Administering noxious thing
246	Overcoming resistance to commission of offence
264	Criminal harassment
264.1	Uttering threats
265, 266	Assault
267	Assault with a weapon or causing bodily harm
268	Aggravated assault
269	Unlawfully causing bodily harm
269.1	Torture
270	Assaulting a peace officer
271	Sexual assault
272	Sexual assault with a weapon, threats to a third party or causing bodily harm
273	Aggravated sexual assault
273.3	Removal of child from Canada
279-283	Kidnapping, hostage taking, trafficking in persons, abduction
318	Advocating genocide
319	Public incitement of hatred
330	Theft by person required to account
331	Theft by person holding power of attorney
336	Criminal breach of trust
343-346	Robbery and extortion
356	Theft from mail
363	Obtaining execution of valuable security by fraud
368	Uttering forged document
374	Drawing document without authority
380	Fraud
423	Intimidation
430	Mischief
431	Attack on premises, residence or transport of internationally protected person
433-436	Arson
446	Causing unnecessary suffering (cruelty to animals)

2007-84

N.B. This Regulation is consolidated to December 13, 2023.

85-14 - Adoptive Applicant

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