Acts and Regulations

2008-154 - General

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Full text
Current to 16 June 2023
NEW BRUNSWICK
REGULATION 2008-154
under the
Intercountry Adoption Act
(O.C. 2008-550)
Filed December 19, 2008
Under section 59 of the Intercountry Adoption Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the General Regulation - Intercountry Adoption Act.
Definitions for the regulation
2The following definitions apply in this Regulation.
“Act” means the Intercountry Adoption Act.(Loi)
“adoptive applicant register” means a system for the registration of applicants for adoption that is maintained by the Minister. (registre des requérants en adoption)
“community social service agency” means an organization that holds an authorization issued under section 12 of the Act. (agence de services sociaux communautaires)
“document” means any record of information, however recorded or stored, whether in printed form, on film, by electronic means or otherwise. (document)
Definitions for the purpose of the Act and regulation
3The following definitions apply in this Regulation and for the purpose of section 48 of the Act.
“identifying information” means any information acquired with respect to an adoption the release of which would tend to reveal the identity of a person and includes information with respect to that person’s name, residence or occupation. (renseignements identificateurs)
“nonidentifying information” means any information acquired with respect to an adoption the release of which would tend not to reveal the identity of a person and includes (renseignements non identificateurs)
(a) information respecting the age, physical or personal characteristics, education, marital status, ethnic background, and health of a person; and
(b) in the case of information requested in respect of a birth parent,
(i) the circumstances surrounding the birth of the child, and
(ii) the relationship between the birth parents at the time of the birth.
COMMUNITY SOCIAL SERVICE AGENCIES
Authorization
4(1)The authorization granted to a community social service agency under section 12 of the Act is valid for a period of 2 years from the date of issue.
4(2)The authorization is nontransferable.
4(3)An employee of a community social service agency shall carry a copy of the authorization while exercising any authority conferred on him or her.
Not for profit agency
5The community social service agency shall be a not-for-profit corporation or body.
Liability insurance
6The community social service agency shall provide proof of liability insurance of at least $1,000,000 for the duration of its authorization.
Assets in the possession of the agency
7(1)Any assets in the possession of the community social service agency that have been paid for by the Minister shall be used only for the purposes intended by the Minister.
7(2)These assets shall remain in the possession of the community social service agency and shall be returned to the Minister at his or her request.
Agency personnel
8(1)An employee of the community social service agency who provides adoption services shall be a member in good standing of the New Brunswick Association of Social Workers.
8(2)The program supervisor of adoption services of a community social service agency shall be a member in good standing of the New Brunswick Association of Social Workers with at least 5 years of experience in the field of children’s services, of which 3 years are in adoption services
Reimbursement of fees and expenses
9(1)For the purposes of paragraph 54(c) of the Act, a community social service agency may request from the applicant payment of the fees and reimbursement of the expenses set out in Schedule A.
9(2)If a community social service agency arranges a service set out at paragraphs 54(a), (b) or (d) of the Act, it shall provide proof of payment to the applicant and may request its reimbursement without the addition of any service charge.
Cancellation of authorization
10Any infringement of the Act, this Regulation or the provisions of the contract of service concluded with the Minister may result in the termination of the community social service agency’s authorization.
PRELIMINARY REQUIREMENTS FOR ADOPTION
Suitability to adopt
11An applicant is suited to international adoption in the meaning of paragraph 16(a) of the Act if he or she meets all the criteria and requirements of this Regulation.
Waiting period
12A period of at least 12 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.
Joint applicants
13Married applicants and applicants who are common-law partners shall have cohabited continuously for at least 2 years immediately before the date the assessment of the applicants begins.
Written application
14(1)An applicant shall deliver a written application for adoption to the Minister or a community social service agency.
14(2)The Minister may refer the application to a community social service agency.
14(3)The applicant shall include with his or her application the following documents:
(a) at least 3 letters of recommendation from persons not related to the applicant attesting that the applicant is an individual whose interfamily or intercommunity relationships are considered stable, healthy and supportive;
(b) 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 adoptive parent;
(c) 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;
(d) a certificate of birth as proof of age; and
(e) any other document required by the child’s jurisdiction of origin.
ASSESSMENT OF SUITABILITY OF APPLICANT
Notice to applicant
15The Minister or the community social service agency shall inform an applicant in writing of the date the assessment of the applicant begins.
Criteria of suitability
16The criteria for approving an applicant as a suitable prospective adopting parent for the purposes of an international adoption are:
(a) the applicant demonstrates
(i) the maturity and ability required to parent a child, and
(ii) 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;
(b) the applicant has successfully completed training approved by the Minister for prospective adopting parents;
(c) the applicant demonstrates consistent availability of:
(i) sufficient resources to provide for a child’s basic living needs, and
(ii) appropriate child care
(d) 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) 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) 3 years have 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;
(f) no substantiated incident of domestic violence of a physical, emotional or sexual nature by a member of the applicant’s household has been reported to police or another authority for a period of 3 years and no evidence of domestic violence is observed on the home visits to the applicant’s residence;
(g) no substantiated report of child abuse, whether of a physical, emotional or sexual nature, by a member of the applicant’s household 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;
(h) no situation that could threaten the life or health of a child exists in the applicant’s residence;
(i) 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 B; and
(j) the applicant demonstrates that the applicant’s motives for the prospective adoption are consistent with the best interests of the child to be adopted.
Home assessment
17(1)The Minister or a representative of the community social service agency shall visit the applicant’s home in order to establish that the applicant is suited to international adoption.
17(2)Before the first visit to an applicant’s home, the applicant’s name, address and date of birth shall be checked with the adoptive applicant register to determine if there is information filed on the applicant and if the applicant is not registered on the adoptive applicant register, he or she shall be so registered.
17(3)The information obtained under subsection (2) shall be considered as part of the assessment of an applicant.
17(4)Following the visits to an applicant’s home, if, in the opinion of the Minister or the community social service agency it is deemed necessary, the applicant’s home shall be
(a) inspected to ensure that the home 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 home is located to ensure that the home meets the standards established by the Minister of Health under the Public Health Act.
17(5)An applicant’s home shall have sufficient indoor and outdoor space to safely accommodate the child being requested by the applicant.
2017, c.42, s.85
Decision given within 6 months
18Unless otherwise authorized by the Minister, all the activities that relate to the consideration of an application, including the decision to approve or not approve the applicant as a prospective adopting parent, shall be completed within 6 months after the date the assessment of the applicant begins.
Application approved
19(1)If an applicant is approved as a prospective adopting parent by the Minister or the community social service agency, a notice of approval shall be forwarded to the applicant within 5 working days after the decision.
19(2)A notice of approval shall state its effective date.
19(3)A copy of the notice of approval shall be forwarded to the adoptive applicant register for the registration of the applicant as an approved prospective adopting parent.
19(4)A notice of approval expires 12 months from the effective date.
Renewal of approval
20(1)An applicant whose notice of approval has expired and who wishes to renew his or her application shall forward a request to the Minister or the community social service agency that received the first application.
20(2)The Minister or the community social service agency shall forward an update form to the applicant and shall request the information deemed necessary to complete the required documentation.
20(3)After the information referred to in subsection (2) has been received and assessed during a home visit to the applicant’s residence, a notice of approval shall be forwarded to the applicant in accordance with section 19 or a notice of refusal shall be forwarded to the applicant in accordance with section 21.
Approval refused
21(1)If an applicant is not approved as a prospective adopting parent by the Minister or the community social service agency, a notice of refusal shall be forwarded to the applicant within 5 business days after the decision.
21(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) inform the applicant of his or her right to obtain a second assessment.
21(3)A copy of a notice of refusal shall be forwarded to the adoptive applicant register for registration.
Second assessment
22(1)An applicant whose application as a prospective adopting parent is refused may request a second assessment within 30 days after receiving the notice of refusal.
22(2)The application for a second assessment shall be made in writing to the person who carried out the first assessment.
22(3)The person who receives the application for the second assessment shall transfer it together with the applicant’s complete file to another approved community social service agency in the Province, or if there is none, to the Minister for the purpose of carrying out the second assessment.
22(4)For the second assessment, the assessor may use all the information received as mentioned in subsection (3) as well as all the information gathered during the second assessment.
22(5)The second assessment must be completed within 60 days after the application by the applicant.
22(6)A notice of approval or refusal shall be sent to the applicant and sections 19 to 21 apply with the necessary modifications.
Applicant ineligible
23(1)Unless an application for a second assessment is made by the applicant within the period described in subsection 22(1), the first refusal is final and without appeal.
23(2)A refusal of approval following a second assessment is final and without appeal.
23(3)The applicant is ineligible to apply for an international adoption for a period of one year following the receipt of the notice of refusal of an application referred to in subsections 21(1) or 22(6), whichever date is later.
VARIOUS MATTERS
Assessment completed by the Minister
24During an assessment of an applicant by a community social service agency, the Minister may at any time request that the applicant’s complete file be forwarded to him or her in order to complete the assessment himself or herself, where it is deemed necessary and appropriate.
Child’s history
25The Minister or the community social service agency shall provide to a prospective adopting parent a copy of the report received in accordance with the application of section 18 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 or the community social service agency.
Service of notice on the agency
26In the case of an application for an adoption order under the Act, notices normally served on the Minister shall be served on a community social service agency authorized under subsection 12(1) of the Act to act in the name of the Minister.
Judicial documents
27In addition to any other information required by the Act, the application for an adoption order made to the court shall contain, for the purposes of paragraphs 29(1)(a) and (b) of the Act, the following:
(a) the report prepared in accordance with subsection 17(1) or paragraph 25(1)(a) of the Act, as the case may be;
(b) the information available from the receiving jurisdiction or the place of origin of the child, as the case may be, on the background, family history, health history and social environment of the prospective adoptive parent or the child and his or her family; and
(c) any other document required by the jurisdiction of origin.
Forms
28(1)The application for an adoption order made under subsection 29(1) of the Act shall be in Form 1.
28(2)The consent of the child to an adoption order required by paragraph 29(1)(d) and subsection 30(1) of the Act shall be in Form 2.
28(3)The consent of the Minister to an adoption order required by paragraph 29(1)(f) and subsection 30(1) of the Act shall be in Form 3.
28(4)The affidavit of witness required by subsection 30(1) of the Act shall be in Form 4.
28(5)The notice of intention to apply for an adoption order required under subsections 34(3) and (6) of the Act shall be in Form 5.
28(6)The notice of hearing required under subsections 34(4) and (6) of the Act shall be in Form 6.
28(7)The adoption order made under subsection 39(2) of the Act shall be in Form 7.
Adoptive applicant register
29Within 30 days after the adoption order or a final notice of refusal to an applicant, the Minister or the community social service agency shall close the file and forward the entire file to the adoptive applicant register.
No information removed, copied or retained
30No community social service agency shall
(a) remove information from an applicant’s file, or
(b) retain or copy any information from a file that it is required to transfer to another agency, to the Minister or to the adoptive applicant register.
Request for confidential information
31(1)If the Minister receives a request for confidential information made in accordance with section 48 of the Act, the Minister shall grant or deny the request, in writing, within 30 days after the receipt of the request.
31(2)The request for confidential information shall specify the name of the person to whom the information relates and
(a) the documents containing the information requested, or
(b) where the documents in which the relevant confidential information may be contained are not known to the applicant, the subject matter of the information requested with sufficient particularity as to time, place and event to enable a person familiar with the subject matter to identify the relevant documents.
31(3)Where the documents in which the confidential information is contained are unable to be identified, the Minister shall so advise the applicant in writing and shall invite the applicant to supply additional information that might lead to identification of the relevant documents.
SCHEDULE A
FEES AND EXPENSES
THAT MAY BE CHARGED BY COMMUNITY
SOCIAL SERVICE AGENCIES
Column 1
Adoption Service
Column 2
Maximum Fee
Adoption Services
Application, initial information, training session
 
$     300
First home assessment
 
$  2,700
Updated assessment
$     300
Second assessment
$     720
Assessment for second child and subsequent assessments
 
$     720
Post placement services for each child
$  1,100
Each report post placement for jurisdiction of origin
 
$     360
Disbursements
Travel expenses
In accordance with the
Travel Directive of the
Treasury Board
Accommodation
In accordance with the
Travel Directive of the
Treasury Board
Meals and incidental expenses
In accordance with the
Travel Directive of the
Treasury Board
2016, c.37, s.89
SCHEDULE B
OFFENCES BARRING ADOPTION
151
152
 
153
153.1
 
 
155
159
160
163
163.1
167
 
168
 
170
 
 
171
 
 
172
172.1
173
175
 
 
 
218
219
220
 
221
 
 
229 - 240
 
 
241
 
242
 
 
243
 
244
 
244.1
 
 
245
 
246
Sexual interference
Invitation to sexual
touching
Sexual exploitation
Sexual exploitation
of person with
disability
Incest
Anal intercourse
Bestiality
Corrupting morals
Child pornography
Immoral theatrical
performance
Mailing obscene matter
Parent or guardian
procuring sexual
activity
Householder
permitting sexual
activity
Corrupting children
Luring a child
Indecent acts
Causing
disturbance,
indecent exhibition,
loitering
Abandoning child
Criminal negligence
Causing death by
criminal negligence
Causing bodily
harm by criminal
negligence
Murder,
manslaughter and
infanticide
Counseling or aiding suicide
Neglecting to obtain
assistance in child birth
Concealing body of
child
Discharging firearm
with intent
Causing bodily
harm with intent -
air gun or pistol
Administering
noxious things
Overcoming
resistance to
commission of
offence
264
 
264.1
265, 266
267
 
 
268
269
 
269.1
270
 
271
272
 
 
 
273
 
273.3
 
279 - 283
 
 
 
 
318
 
319
 
330
 
331
 
 
336
 
343 - 346
 
356
363
 
 
368
 
374
 
380
423
430
431
 
 
 
 
433 - 436.1
 
444 - 445
 
445.1 - 447
Criminal
harassment
Uttering threats
Assault
Assault with a
weapon or causing
bodily harm
Aggravated assault
Unlawfully causing
bodily harm
Torture
Assaulting a peace
officer
Sexual assault
Sexual assault with
a weapon, threats to
a third party or
causing bodily harm
Aggravated sexual
assault
Removal of child
from Canada
Kidnapping,
trafficking in
persons, hostage
taking and
abduction
Advocating
genocide
Public incitement of
hatred
Theft by person
required to account
Theft by person
holding power of
attorney
Criminal breach of
trust
Robbery and
extortion
Theft from mail
Obtaining execution
of valuable security
by fraud
Uttering forged
document
Drawing document
without authority
Fraud
Intimidation
Mischief
Attack on premises,
residence or
transport of
internationally
protected person
Arson and other
fires
Cattle and other
animals
Cruelty to animals
 
 
 
 
 
 
 
N.B. This Regulation is consolidated to June 16, 2023.