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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 Children’s Services and Resources Regulation – Family Services Act.

Definitions for the purposes of the Act and this Regulation

2The following definitions apply in the Act and this Regulation.

“care provider” means an adult with qualifications specific to the needs of a child in care who provides care services to that child in a child-specific placement.(fournisseur de soins)

“child-specific placement” means a community placement resource in which a care provider provides care services in a family setting or a structured setting to a child in care.(foyer de placement particulier)

“foster home” means a community placement resource in which a foster parent provides care services in a family setting to a child in care.(foyer nourricier)

“group home” means a community placement resource in which care services are provided in a structured setting to no more than six children in care, or, if the centre includes two units, no more than ten children in care, who reside in the community placement resource. (foyer de groupe)

“kinship placement” means a community placement resource in which a kinship caregiver provides care services in a family setting to a child in care.(foyer de parent-substitut)

“staff member” means an employee of a community placement resource and includes a volunteer.(membre du personnel)

“treatment centre” means a community placement resource in which assessment, care and treatment services are provided in a structured setting to support the mental health needs of no more than six children who reside in the community placement resource, but excludes a psychiatric facility as defined in the Mental Health Act.(centre de traitement)

Definitions for the purposes of this Regulation

3The following definitions apply in this Regulation.

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

“approval” means an approval under subsection 26(1) of the Act.(agrément)

“care services” means services that are supervisory, supporting, developmental or rehabilitative.(services de soins)

Determination of suitability

4(1)For the purposes of subsection 3.1(1) of the Act, the Minister may determine that a member of the following classes of persons is not suitable to provide social services or services in a community placement resource:

(a) kinship caregivers,

(b) care providers, or

(c) foster parents.

4(2)For the purposes of subsections 3.1(1) and (2) of the Act, a check with the Department under paragraphs 3.1(1)(a) to (d) of the Act and a criminal record check or a vulnerable sector check under paragraph 3.1(1)(e) of the Act, in relation to a person, shall be conducted only with the consent of the person.

4(3)A check with the Department and a criminal record check or a vulnerable sector check shall be conducted on each person referred to in subsection 3.1(1) or (2) of the Act

(a) when an application for an approval is made or before the person becomes a staff member,

(b) five years after the issuance of an approval and every five years after that,

(c) five years after the person becomes a staff member and every five years after that, and

(d) when the Minister receives information that may affect the suitability of a person to

(i) provide social services or services in a community placement resource, or

(ii) have contact with a recipient of social services or a resident in a community placement resource.

4(4)The offences set out in Schedules A and B are prescribed for the purposes of paragraph 3.1(1)(e) of the Act.

2

COMMUNITY SOCIAL SERVICES

A

Services Provided by the Minister

Birth parent services

5(1)The Minister may provide support to a woman who is pregnant or has given birth or to a father if the mother or father is undecided respecting a long-term plan for the child.

5(2)The Minister shall maintain a register in which the Minister shall record the support provided.

Services for children with disabilities

6(1)The Minister may provide support, including financial assistance, to the family of a child who is a disabled person to address the particular developmental needs of the child.

6(2)The Minister shall maintain a register in which the Minister shall record the support provided.

Child protection services program

7(1)The Minister may provide support to the family of a child if the care in the home that is detrimental to the security or development of the child.

7(2)The support under subsection (1) is for the purpose of promoting family engagement to maintain the security and development of the child, improve family functioning and assist during the establishment and implementation of a plan for the care of the child.

7(3)The Minister shall maintain a register in which the Minister shall record the support provided.

Youth engagement services

8(1)The Minister may provide support, including financial assistance, to a child who is 16 years of age or older but under 19 years of age.

8(2)A child referred to in subsection (1) shall actively participate in the establishment and implementation of the plan for the care of the child and sign a written agreement with respect to the plan.

8(3)The Minister shall maintain a register in which the Minister shall record the support provided.

Support after kinship services

9The Minister may provide support, including financial assistance, to a child after the termination of kinship services.

Care services in a treatment centre

10The Minister may provide care services in a treatment centre to a child who is not a child in care.

Immediate response conference

11(1)Before establishing, replacing or amending a plan for the care of a child, the Minister may provide the services of a coordinator to facilitate an immediate response conference for the purpose of developing a safety plan for the child.

11(2)The coordinator shall encourage the participation of the child and the parents of the child, if the parents had an active role in the life of the child in the year preceding the immediate response conference, subject to the terms of any separation agreement or court order.

11(3)The coordinator shall not make decisions relating to the child.

11(4)The supervisor of the social worker assigned to the case shall

(a) make decisions relating to the child in accordance with the recommendations of the social worker, and

(b) develop the safety plan.

11(5)The Minister shall maintain a register in which the Minister shall record the names of the participants and the decisions that were made by the supervisor.

Permanency planning committee

12(1)Before establishing, replacing or amending a plan for the care of a child, the Minister may establish a permanency planning committee to assist the Minister in making significant decisions.

12(2)The permanency planning committee shall include the following members:

(a) a facilitator who shall be the chair;

(b) the social worker assigned to the case; and

(c) the supervisor of the social worker assigned to the case.

12(3)The permanency planning committee shall make recommendations to the Minister by consensus, but in the case of disagreement, the chair shall make the recommendation.

12(4)The permanency planning committee shall encourage the participation of the child, the family and other persons who have a significant role in the life of the child.

12(5)The Minister shall maintain a register in which the Minister shall record the names of the participants and the recommendations that were made.

Family group conference

13(1)Before establishing, replacing or amending a plan for the care of a child, the Minister may provide the services of a coordinator to facilitate a family group conference for family, friends and other persons who have a significant role in the life of the child.

13(2)The coordinator shall encourage the participation of the child and the parents of the child, if the parents had an active role in the life of the child in the year preceding the family group conference, subject to the terms of a separation agreement or court order.

13(3)After holding a private meeting, the family shall propose a plan for the care of the child.

13(4)The social worker and the supervisor of the social worker shall review the plan proposed under subsection (3) and, taking into account the security or development of the child, shall

(a) adopt the plan,

(b) propose conditional amendments for the adoption of the plan, or

(c) reject the plan.

13(5)The Minister shall maintain a file in which the Minister shall record or insert information including the referral forms, signed consent forms, confidentiality forms, names of participants, notes taken and plan for the care of the child.

Mediation

14(1)The Minister may provide the services of a mediator to resolve a dispute between a parent and the Minister.

14(2)The Minister shall maintain a register in which the Minister shall record the mediation services that were provided.

B

Kinship Services

Kinship services standards

15(1)The following standards apply to the home of a kinship caregiver providing kinship services:

(a) it shall be capable of meeting the basic and exceptional needs of the child;

(b) it shall meet the standards of lighting, ventilation and other general health standards under the Public Health Act, and the Minister may require a statement of compliance by a medical officer of health appointed under that Act stating that the home meets the standards;

(c) it shall meet the standards under the Fire Prevention Act, and be equipped with smoke alarms, fire alarm systems and fire extinguishers as provided for under that Act, and the Minister may require a statement of compliance of a fire marshal, a deputy fire marshal or a fire prevention officer appointed under that Act stating that the home meets the standards;

(d) it shall contain a first aid kit which is readily accessible, equipped with the contents prescribed by New Brunswick Regulation 2004-130 under the Occupational Health and Safety Act, as a first aid kit that is not a personal, Type P first aid kit;

(e) it shall be equipped with a space for the storage of toxic, chemical and cleaning products and medications that is inaccessible to children;

(f) if a firearm is stored in the home, it shall be stored and displayed in accordance with the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations – Firearms Act (Canada);

(g) if it is equipped with a trampoline, the trampoline shall be properly installed and structurally sound;

(h) if it is equipped with a pool, the pool shall be installed in accordance with standards established by by-law, or in the absence of a by-law, the pool shall be surrounded by an enclosure having a height of at least 1.52 m, the door of the enclosure shall be equipped with a self-latching device and all apparatus related to its operation shall be installed more than 1 m from the wall of the pool or the enclosure, as the case may be; and

(i) if an animal lives in the home, the animal shall be maintained in accordance with the standards under the Society for the Prevention of Cruelty to Animals Act.

15(2)The Minister shall determine whether the home of the kinship caregiver meets the standards under subsection (1) after completing at least one home visit.

15(3)A kinship caregiver providing kinship services shall

(a) clearly display in plain view in the home

(i) emergency telephone numbers, and

(ii) the emergency evacuation procedure,

(b) provide access to a telephone and reasonable privacy to enable the child to

(i) make local calls to maintain relationships with persons who are important to the child, in accordance with the plan for the care of the child,

(ii) make long-distance calls pre-authorized by the Minister and paid for by the Minister,

(iii) make calls to the social worker of the child, and

(iv) make calls to the Child, Youth and Senior Advocate, and

(c) notify the Minister of

(i) a proposed relocation at least 60 days before the relocation, and

(ii) a change in the composition of the household.

Smoking prohibited

16(1)A kinship caregiver providing kinship services shall prohibit smoking, as defined in the Smoke-free Places Act, in the home or during the transport of the child.

16(2)A kinship caregiver providing kinship services shall not purchase for or provide to the child tobacco products or any activated device containing a substance that is intended to be inhaled or exhaled, including an electronic cigarette or water pipe.

Dangerous animal prohibited

17A kinship caregiver providing kinship services shall not keep in the home an animal that constitutes a safety risk to the child.

Medication

18(1)A kinship caregiver providing kinship services shall administer any required medication to the child.

18(2)Despite subsection (1), the child may self-administer the medication of the child if it is reasonable in the circumstances.

Communication of information

19A kinship caregiver providing kinship services shall notify the Minister of the following matters related to the child:

(a) an accident or illness requiring medical treatment or hospitalization;

(b) an error or omission in the administration of prescription medication and any adverse effects of a medication;

(c) a suspension from the school or day program of the child;

(d) behaviour that is high-risk or self-harming;

(e) behaviour that indicates suicidal intent, a threat of suicide or a suicide attempt;

(f) an allegation of mistreatment or negligence;

(g) an intervention by a police or law enforcement officer;

(h) a situation involving the use of physical restraint or other prohibited methods of behavioural management;

(i) a change relating to a plan for the care of the child or an agreement;

(j) the fact that the child observed, was involved in or was exposed to a situation of elevated risk or a disaster that may cause emotional trauma or post-traumatic stress;

(k) the removal of the child from the home contrary to an agreement;

(l) the absence of the child from the home without permission when it is considered by the kinship caregiver to be a serious matter;

(m) any other circumstances that may endanger the security or development of the child; and

(n) the death of the child.

2020, c.24, s.4

Records

20(1)If the Minister enters into an agreement with a kinship caregiver providing kinship services to provide financial assistance under subsection 31.2(2) of the Act, the kinship caregiver shall maintain a record in which the kinship caregiver shall record the expenditures made to meet the basic and exceptional needs of the child and shall provide the record to the Minister on request.

20(2)For the purposes of subsection (1), the kinship caregiver shall retain a record relating to an expenditure for one year after the expenditure was made.

Case record for the child

21(1)A kinship caregiver providing kinship services shall maintain a case record for the child that includes the following up-to-date information:

(a) medical and dental information;

(b) report cards;

(c) the responsibilities that the kinship caregiver has assumed according to the terms of the plan for the care of the child and the manner in which they are being discharged; and

(d) the typical daily routine of the child.

21(2)As soon as a kinship caregiver is no longer providing kinship services to a child, the kinship caregiver shall submit the case record under subsection (1) to the Minister.

Health card

22If a child receiving kinship services does not have a health card, the Minister may provide a health card to the child to enable the child to receive services under the Health Services Act.

Termination of kinship services by kinship caregiver

23A kinship caregiver who provides kinship services may terminate the provision of services on a proposed date, by advising the Minister at least 30 days before the proposed date, or on a date mutually agreed on by the kinship caregiver and the parents of the child.

Personal property

24As soon as a child is no longer receiving kinship services from a kinship caregiver, the kinship caregiver shall return the personal property of the child to the child.

3

COMMUNITY PLACEMENT RESOURCES

A

Kinship Placement

Application

25(1)An individual who is 19 years of age or older may make an application to the Minister for approval of a kinship placement on a form provided by the Minister.

25(2)On receiving a completed application for approval, the Minister shall issue an approval to the applicant if

(a) the applicant meets the standards applicable to the kinship placement, and

(b) the services to be provided by the applicant meet the standards, as determined by a home study evaluation.

25(3)The Minister may issue an approval and impose conditions, including prescribing the time to fulfil the conditions.

Kinship placement standards

26(1)The following standards apply to a kinship placement:

(a) it shall be capable of meeting the basic and exceptional needs of the child;

(b) it shall meet the standards of lighting, ventilation and other general health standards under the Public Health Act, and the Minister may require a statement of compliance by a medical officer of health appointed under that Act stating that the kinship placement meets the standards;

(c) it shall meet the standards under the Fire Prevention Act, and be equipped with smoke alarms, fire alarm systems and fire extinguishers as provided for under that Act, and the Minister may require a statement of compliance of a fire marshal, a deputy fire marshal or a fire prevention officer appointed under that Act stating that the kinship placement meets the standards;

(d) it shall contain a first aid kit which is readily accessible, equipped with the contents prescribed by New Brunswick Regulation 2004-130 under the Occupational Health and Safety Act, as a first aid kit that is not a personal, Type P first aid kit;

(e) it shall be equipped with a space for the storage of toxic, chemical and cleaning products and medication that is inaccessible to children;

(f) if a firearm is stored in the home, it shall be stored and displayed in accordance with the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations – Firearms Act (Canada);

(g) if it is equipped with a trampoline, the trampoline shall be properly installed and structurally sound;

(h) if it is equipped with a pool, the pool shall be installed in accordance with standards established by by-law, or in the absence of a by-law, the pool shall be surrounded by an enclosure having a height of at least 1.52 m, the door of the enclosure shall be equipped with a self-latching device and all apparatus related to its operation shall be installed more than 1 m from the wall of the pool or the enclosure, as the case may be; and

(i) if an animal lives in the kinship placement, the animal shall be maintained in accordance with the standards under the Society for the Prevention of Cruelty to Animals Act.

26(2)The Minister shall determine whether the kinship placement meets the standards under subsection (1) after completing at least one home visit.

26(3)A kinship caregiver who holds a kinship placement approval shall

(a) clearly display in plain view in the kinship placement

(i) emergency telephone numbers, and

(ii) the emergency evacuation procedure,

(b) provide access to a telephone and reasonable privacy to enable the child to

(i) make local calls to maintain relationships with persons who are important to the child, in accordance with the plan for the care of the child,

(ii) make long-distance calls pre-authorized by the Minister and paid for by the Minister,

(iii) make calls to the social worker of the child, and

(iv) make calls to the Child, Youth and Senior Advocate, and

(c) notify the Minister of

(i) a proposed relocation at least 60 days before the relocation, and

(ii) a change in the composition of the household.

Smoking prohibited

27(1)A kinship caregiver who holds a kinship placement approval shall prohibit smoking, as defined in the Smoke-free Places Act, in the kinship placement or during the transport of the child.

27(2)A kinship caregiver shall not purchase for or provide to the child tobacco products or any activated device containing a substance that is intended to be inhaled or exhaled, including an electronic cigarette or water pipe.

Dangerous animal prohibited

28A kinship caregiver who holds a kinship placement approval shall not keep in the kinship placement an animal that constitutes a safety risk to the child.

Medication

29(1)A kinship caregiver who holds a kinship placement shall administer any required medication to the child.

29(2)Despite subsection (1), the child may self-administer the medication of the child if it is reasonable in the circumstances.

Communication of information

30A kinship caregiver who holds a kinship placement approval shall notify the Minister of the following matters related to the child:

(a) an accident or illness requiring medical treatment or hospitalization;

(b) an error or omission in the administration of prescription medication and any adverse effects of a medication;

(c) a suspension from the school or day program of the child;

(d) behaviour that is high-risk or self-harming;

(e) behaviour that indicates suicidal intent, a threat of suicide or a suicide attempt;

(f) an allegation of mistreatment or negligence;

(g) an intervention by a police or law enforcement officer;

(h) a situation involving the use of physical restraint or other prohibited methods of behavioural management;

(i) a change relating to a plan for the care of the child;

(j) the fact that the child observed, was involved in or was exposed to a situation of elevated risk or a disaster that may cause emotional trauma or post-traumatic stress;

(k) the removal of the child from care contrary to an approval;

(l) the absence of the child from the kinship placement without permission when it is considered by the kinship caregiver to be a serious matter;

(m) any other circumstances that may endanger the security or development of the child; and

(n) the death of the child.

2020, c.24, s.4

Records

31(1)A kinship caregiver who holds a kinship placement approval shall maintain a record in which the kinship caregiver shall record the expenditures made to meet the basic and exceptional needs of the child and shall provide the record to the Minister on request.

31(2)For the purposes of subsection (1), the kinship caregiver shall retain a record relating to an expenditure for one year after the expenditure was made.

Case record for the child

32(1)A kinship caregiver who holds a kinship placement approval shall maintain a case record for the child that includes the following up-to-date information:

(a) medical and dental information;

(b) report cards;

(c) the responsibilities that the kinship caregiver has assumed according to the terms of the plan for the care of the child and the manner in which they are being discharged; and

(d) the typical daily routine of the child.

32(2)As soon as a kinship caregiver is no longer providing services to a child, the kinship caregiver shall submit the case record under subsection (1) to the Minister.

Health card

33The Minister shall provide a health card to a child receiving services in a kinship placement to enable the child to receive services under the Health Services Act.

Termination of services by kinship caregiver

34A kinship caregiver who holds a kinship placement approval may terminate the provision of services on a proposed date, by advising the Minister at least 30 days before the proposed date, or on a date mutually agreed on by the kinship caregiver and the Minister.

Personal property

35As soon as a child is no longer receiving services from a kinship caregiver who holds a kinship placement approval, the kinship caregiver shall return the personal property of the child to the child.

B

Child-Specific Placement

Application

36(1)An individual who is 19 years of age or older may make an application to the Minister for approval of a child-specific placement on a form provided by the Minister.

36(2)On receiving a completed application for approval, the Minister shall issue an approval if

(a) the applicant provides references from at least three persons not related to the applicant,

(b) the applicant meets the standards applicable to the child-specific placement, and

(c) the services to be provided by the applicant meet the standards, as determined by a home study evaluation.

36(3)Despite subsection (1), a not-for-profit company incorporated under the Companies Act or a corporation as defined in the Business Corporations Act may obtain a child-specific placement approval and the standards under this Division apply to the company or corporation, the operator of the company or corporation or the care providers, as the case may be.

2023, c.2, s.180

Child-specific placement standards

37(1)The following standards apply to a child-specific placement:

(a) it shall be capable of meeting the basic and exceptional needs of the child;

(b) it shall meet the standards of lighting, ventilation and other general health standards under the Public Health Act, and the Minister may require a statement of compliance by a medical officer of health appointed under that Act stating that the child-specific placement meets the standards;

(c) it shall meet the standards under the Fire Prevention Act, and be equipped with smoke alarms, fire alarm systems and fire extinguishers as provided for under that Act, and the Minister may require a statement of compliance of a fire marshal, a deputy fire marshal or a fire prevention officer appointed under that Act stating that the child-specific placement meets the standards;

(d) it shall be insured against the loss of or damage to property;

(e) it shall contain a first aid kit which is readily accessible, equipped with the contents prescribed by New Brunswick Regulation 2004-130 under the Occupational Health and Safety Act, as a first aid kit that is not a personal, Type P first aid kit;

(f) it shall contain a bedroom for the child that is completely enclosed by walls that extend from floor to ceiling and, if the child shares a bedroom, the bedroom shall contain a bed for each child;

(g) it shall be equipped with a space for the storage of toxic, chemical and cleaning products and medications that is inaccessible to children;

(h) if a firearm is stored in the child-specific placement, the firearm shall be stored and displayed in accordance with the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations – Firearms Act (Canada);

(i) if it is equipped with a trampoline, the trampoline shall be properly installed and structurally sound;

(j) if it is equipped with a pool, the pool shall be installed in accordance with standards established by by-law, or in the absence of a by-law, the pool shall be surrounded by an enclosure having a height of at least 1.52 m, the door of the enclosure shall be equipped with a self-latching device and all apparatus related to its operation shall be installed more than 1 m from the wall of the pool or the enclosure, as the case may be; and

(k) if an animal lives in the child-specific placement, the animal shall be maintained in accordance with the standards under the Society for the Prevention of Cruelty to Animals Act.

37(2)A child receiving services in a child-specific placement shall not share a bedroom if the bedroom has a floor area of 7.4 m2 or less or if the child would share the bedroom with

(a) more than one other child,

(b) a child of a different gender or gender identity, if the child is over five years of age, or

(c) an adult, except in the case of medical need or other necessity.

37(3)Despite paragraphs (2)(a) and (b), a child may share a bedroom with the siblings of the child if it is reasonable in the circumstances.

37(4)The Minister shall determine whether the child-specific placement meets the standards under subsection (1) after completing at least one home visit.

37(5)A care provider shall

(a) clearly display in plain view in the child-specific placement

(i) emergency telephone numbers, and

(ii) the emergency evacuation procedure,

(b) provide access to a telephone and reasonable privacy to enable the child to

(i) make local calls to maintain relationships with persons who are important to the child, in accordance with the plan for the care of the child,

(ii) make long-distance calls pre-authorized by the Minister and paid for by the Minister,

(iii) make calls to the social worker of the child, and

(iv) make calls to the Child, Youth and Senior Advocate, and

(c) notify the Minister of

(i) a proposed relocation at least 60 days before the relocation, and

(ii) a change in the composition of the household.

Smoking prohibited

38(1)A care provider shall prohibit smoking, as defined in the Smoke-free Places Act, in the child-specific placement and during the transport of the child.

38(2)A care provider shall not purchase for or provide to the child tobacco products or any activated device containing a substance that is intended to be inhaled or exhaled, including an electronic cigarette or water pipe.

Dangerous animal prohibited

39A care provider shall not keep in the child-specific placement an animal that constitutes a safety risk to the child.

Medication

40(1)A care provider shall administer any required medication to the child.

40(2)Despite subsection (1), the child may self-administer the medication of the child if it is reasonable in the circumstances.

Automobile insurance

41A care provider shall purchase and maintain automobile insurance of at least $1,000,000, that includes third party liability, for each motorized vehicle used by the members of the child-specific placement to transport the child.

Communication of information

42A care provider shall notify the Minister of the following matters related to the child:

(a) an accident or illness requiring medical treatment or hospitalization;

(b) an error or omission in the administration of prescription medication and any adverse effects of a medication;

(c) a suspension from the school or day program of the child;

(d) behaviour that is high-risk or self-harming;

(e) behaviour that indicates suicidal intent, a threat of suicide or a suicide attempt;

(f) an allegation of mistreatment or negligence;

(g) an intervention by a police or law enforcement officer;

(h) a situation involving the use of physical restraint or other prohibited methods of behavioural management;

(i) a change relating to a plan for the care of the child;

(j) the fact that the child observed, was involved in or was exposed to a situation of elevated risk or a disaster that may cause emotional trauma or post-traumatic stress;

(k) the removal of the child from care contrary to an approval;

(l) the absence of the child from the placement without permission when it is considered by the care provider to be a serious matter;

(m) any other circumstances that may endanger the security or development of the child; and

(n) the death of the child.

2020, c.24, s.4

Records

43(1)A care provider shall maintain a record in which the care provider shall record the expenditures made to meet the basic and exceptional needs of the child and shall provide the record to the Minister on request.

43(2)For the purposes of subsection (1), the care provider shall retain a record relating to an expenditure for one year after the expenditure was made.

Case record for the child

44(1)A care provider shall maintain a case record for the child that includes the following up-to-date information:

(a) medical and dental information;

(b) report cards;

(c) the responsibilities that the operator has assumed according to the terms of the plan for the care of the child and the manner in which they are being discharged; and

(d) the typical daily routine of the child.

44(2)As soon as a care provider is no longer providing services to a child, the care provider shall submit the case record under subsection (1) to the Minister.

Health card

45The Minister shall provide a health card to a child receiving services in a child-specific placement to enable the child to receive services under the Health Services Act.

Termination of services by care provider

46A care provider may terminate the provision of services on a proposed date, by advising the Minister at least 30 days before the proposed date, or on a date mutually agreed on by the care provider and the Minister.

Personal property

47As soon as a child is no longer receiving services from a care provider, the care provider shall return the personal property of the child to the child.

C

Foster Home

Application

48(1)An individual who is 19 years of age or older may make an application to the Minister for approval of a foster home on a form provided by the Minister.

48(2)On receiving a completed application for approval, the Minister shall issue an approval if

(a) the applicant provides references from at least three persons not related to the applicant,

(b) the applicant meets the standards applicable to the foster home,

(c) the applicant has completed the child placement development training or will complete the training as soon as the circumstances permit, and

(d) the services to be provided by the applicant meet the standards, as determined by a home study evaluation.

Foster home standards

49(1)The following standards apply to a foster home:

(a) it shall be capable of meeting the basic and exceptional needs of the child;

(b) it shall meet the standards of lighting, ventilation and other general health standards under the Public Health Act, and the Minister may require a statement of compliance by a medical officer of health appointed under that Act stating that the foster home meets the standards;

(c) it shall meet the standards under the Fire Prevention Act, and be equipped with smoke alarms, fire alarm systems and fire extinguishers as provided for under that Act, and the Minister may require a statement of compliance of a fire marshal, a deputy fire marshal or a fire prevention officer appointed under that Act stating that the foster home meets the standards;

(d) it shall be insured against the loss of or damage to property;

(e) it shall contain a first aid kit which is readily accessible, equipped with the contents prescribed by New Brunswick Regulation 2004-130 under the Occupational Health and Safety Act, as a first aid kit that is not a personal, Type P first aid kit;

(f) it shall contain a bedroom for the child that is completely enclosed by walls that extend from floor to ceiling and, if the child shares a bedroom, the bedroom shall contain a bed for each child;

(g) it shall be equipped with a space for the storage of toxic, chemical and cleaning products and medications that is inaccessible to children;

(h) if a firearm is stored in the foster home, the firearm shall be stored and displayed in accordance with the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations – Firearms Act (Canada);

(i) if it is equipped with a trampoline, the trampoline shall be properly installed and structurally sound;

(j) if it is equipped with a pool, the pool shall be installed in accordance with standards established by by-law, or in the absence of a by-law, the pool shall be surrounded by an enclosure having a height of at least 1.52 m, the door of the enclosure shall be equipped with a self-latching device and all apparatus related to its operation shall be installed more than 1 m from the wall of the pool or the enclosure, as the case may be; and

(k) if an animal lives in the foster home, the animal shall be maintained in accordance with the standards under the Society for the Prevention of Cruelty to Animals Act.

49(2)A child receiving services in a foster home shall not share a bedroom if the bedroom has a floor area of 7.4 m2 or less or if the child would share the bedroom with

(a) more than one other child,

(b) a child of a different gender or gender identity, if the child is over five years of age, or

(c) an adult, except in the case of medical need or other necessity.

49(3)Despite paragraphs (2)(a) and (b), a child may share a bedroom with the siblings of the child and it is reasonable in the circumstances.

49(4)The Minister shall determine whether the foster home meets the standards under subsection (1) after completing at least one home visit.

49(5)A foster parent shall

(a) clearly display in plain view in the foster home

(i) emergency telephone numbers, and

(ii) the emergency evacuation procedure,

(b) provide access to a telephone and reasonable privacy to enable the child to

(i) make local calls to maintain relationships with persons who are important to the child, in accordance with the plan for the care of the child,

(ii) make long-distance calls pre-authorized by the Minister and paid for by the Minister,

(iii) make calls to the social worker of the child, and

(iv) make calls to the Child, Youth and Senior Advocate, and

(c) notify the Minister of

(i) a proposed relocation at least 60 days before the relocation, and

(ii) a change in the composition of the foster home.

Smoking prohibited

50(1)A foster parent shall prohibit smoking, as defined in the Smoke-free Places Act, in the foster home and during the transport of the child.

50(2)A foster parent shall not purchase for or provide to the child tobacco products or any activated device containing a substance that is intended to be inhaled or exhaled, including an electronic cigarette or water pipe.

Dangerous animal prohibited

51A foster parent shall not keep in the foster home an animal that constitutes a safety risk to the child.

Medication

52(1)A foster parent shall administer any required medication to the child.

52(2)Despite subsection (1), the child may self-administer the medication of the child if it is reasonable in the circumstances.

Automobile insurance

53A foster parent shall purchase and maintain automobile insurance of at least $1,000,000, that includes third party liability, for each motorized vehicle used by the members of the foster home to transport the child.

Communication of information

54A foster parent shall notify the Minister of the following matters related to the child:

(a) an accident or illness requiring medical treatment or hospitalization;

(b) an error or omission in the administration of prescription medication and any adverse effects of a medication;

(c) a suspension from the school or day program of the child;

(d) behaviour that is high-risk or self-harming;

(e) behaviour that indicates suicidal intent, a threat of suicide or a suicide attempt;

(f) an allegation of mistreatment or negligence;

(g) an intervention by a police or law enforcement officer;

(h) a situation involving the use of physical restraint or other prohibited methods of behavioural management;

(i) a change relating to a plan for the care of the child;

(j) the fact that the child observed, was involved in or was exposed to a situation of elevated risk or a disaster that may cause emotional trauma or post-traumatic stress;

(k) the removal of the child from care contrary to an approval;

(l) the absence of the child from the foster home without permission when it is considered by the foster parent to be a serious matter;

(m) any other circumstances that may endanger the security or development of the child; and

(n) the death of the child.

2020, c.24, s.4

Records

55(1)A foster parent shall maintain a record in which the foster parent shall record the expenditures made to meet the basic and exceptional needs of the child and shall provide the record to the Minister on request.

55(2)For the purposes of subsection (1), the foster parent shall retain a record relating to an expenditure for one year after the expenditure was made.

Case record for the child

56(1)A foster parent shall maintain a case record for the child that includes the following up-to-date information:

(a) medical and dental information;

(b) report cards;

(c) the responsibilities that the foster parent has assumed according to the terms of the plan for the care of the child and the manner in which they are being discharged; and

(d) the typical daily routine of the child.

56(2)As soon as a foster parent is no longer providing services to a child, the foster parent shall submit the case record under subsection (1) to the Minister.

Health card

57The Minister shall provide a health card to a child receiving services in a foster home to enable the child to receive services under the Health Services Act.

Alternative Family Living Arrangement services

58(1)If a foster parent wishes to continue providing services to a child who has become an adult and who is a disabled person, the foster parent may make an application to the Minister to provide Alternative Family Living Arrangement services.

58(2)If the Minister approves an application under subsection (1), the foster parent becomes the holder of an Alternative Family Living Arrangement approval.

58(3)The holder of an approval referred to in subsection (2) shall only provide services to a child in care in one of the following circumstances:

(a) the child in care is a sibling of the adult referred to in subsection (1),

(b) the child in care was receiving services in the foster home at the time of the approval of the application, or

(c) the child in care is a sibling of the child referred to in paragraph (b).

Termination of services by foster parent

59A foster parent may terminate the provision of services on a proposed date, by advising the Minister at least 30 days before the proposed date, or on a date mutually agreed on by the foster parent and the Minister.

Personal property

60As soon as a child is no longer receiving services from a foster parent, the foster parent shall return the personal property of the child to the child.

D

Group Home

Application

61(1)A not-for-profit company incorporated under the Companies Act may make an application to the Minister for approval to operate a group home on a form provided by the Minister.

61(2)An application for approval to operate a group home shall include the following documents and information:

(a) a copy of the charter, letters patent or other documents evidencing the incorporation of the company;

(b) the address of the premises of the company;

(c) a copy of certificates of insurance as proof of the policies under section 65 or a declaration by the insurer of its intention to issue the certificates of insurance;

(d) proof of compliance with relevant municipal by-laws;

(e) a statement of compliance of a medical officer of health appointed under the Public Health Act stating that the group home meets general health standards, including lighting and ventilation standards, under the Public Health Act;

(f) a statement of compliance of a fire marshal, a deputy fire marshal or a fire prevention officer appointed under the Fire Prevention Act stating that the group home meets the standards under the Fire Prevention Act;

(g) a strategic plan, including the mission, values, goals and target population;

(h) the names of the members of the board of directors, and letters of reference evidencing their work experience and educational background;

(i) an operational plan, including a description of the required facilities;

(j) an organizational chart, including a description of job positions and the expected education and experience of staff members;

(k) a financial plan, including an evaluation of sources of income and a business case for at least one year;

(l) a description of

(i) the services to be offered,

(ii) the models of care to be employed,

(iii) the programming and procedures to be undertaken, and

(iv) how the care to be provided will be linked to other support services in the community; and

(m) an evacuation plan in the event of an emergency or a health hazard.

61(3)On receiving a completed application for approval, the Minister shall issue an approval to the company if

(a) the company meets the standards applicable to the group home, and

(b) the services to be provided by the company meet the standards.

61(4)The Minister may issue an approval and impose conditions, including prescribing the time to fulfil the conditions.

Board of directors

62The board of directors of a group home shall consist of at least seven members elected at an annual meeting.

Group home standards

63(1)The following standards apply to a group home:

(a) it shall be capable of meeting the basic and exceptional needs of each child;

(b) a medical officer of health appointed under the Public Health Act has given a written statement of compliance stating that the group home meets the standards under that Act;

(c) a fire marshal, a deputy fire marshal or a fire prevention officer appointed under the Fire Prevention Act has given a written statement of compliance stating that the group home meets the standards under that Act;

(d) it shall contain a first aid kit which is readily accessible, equipped with the contents prescribed by New Brunswick Regulation 2004-130 under the Occupational Health and Safety Act, as a first aid kit that is not a personal, Type P first aid kit;

(e) it shall contain a kitchen that has available for use

(i) a separate space for meal preparation,

(ii) a space for food storage,

(iii) household appliances and adequate cooking utensils, and

(iv) a locked storage space for sharp objects;

(f) it shall contain a dining area with a sufficient number of seats to permit each child to sit and eat in a family setting;

(g) it shall contain a bedroom that

(i) is completely enclosed by walls that extend from floor to ceiling,

(ii) is equipped with a bed for each child,

(iii) has a floor area of at least 7.4 m2, if the bedroom is occupied by one child,

(iv) has a floor area of at least 11.1 m2, if the bedroom is occupied by two children, with a space between the two beds of at least 1 m,

(v) has ready access to an exit,

(vi) is equipped with a non-toxic mattress, pillows, pillowcases, bedsheets and linens,

(vii) is equipped with a dresser and a storage space for clothing and personal effects of each child, and

(viii) is equipped with at least one electrical outlet per child;

(h) it shall contain at least one bathroom that is equipped with at least

(i) one washbasin with hot and cold running water for every five occupants, being the children and staff members present,

(ii) one flush toilet for every five occupants, being the children and staff members present, and

(iii) a bathtub or shower with hot and cold running water for every eight occupants, being the children and staff members present;

(i) it shall contain a laundry facility that has adequate laundry materials;

(j) it shall contain an indoor play area of at least 4.5 m2 per child;

(k) it shall contain an outdoor play area of at least 9 m2 per child; and

(l) it shall be equipped with a separate locked space for the storage of toxic, chemical and cleaning products and medications that is inaccessible to children.

63(2)No more than two children of the same gender or gender identity may share a bedroom in a group home.

63(3)The Minister shall determine whether the group home meets the standards under subsection (1) after completing at least one onsite visit.

63(4)An operator of a group home shall not alter the space used to provide its services unless the Minister has approved the changes.

63(5)An operator shall

(a) clearly display in plain view in the home

(i) emergency telephone numbers,

(ii) the telephone number of the regional office of the Department,

(iii) the telephone number of the Child, Youth and Senior Advocate,

(iv) the telephone number of Tele-care,

(v) the telephone number of community mental health centres,

(vi) the telephone numbers of after-hours and walk-in clinics, and

(vii) the emergency evacuation procedure,

(b) provide access to a telephone and reasonable privacy to enable each child to

(i) make local calls to maintain relationships with persons who are important to the child, in accordance with the plan for the care of the child,

(ii) make long-distance calls pre-authorized by the Minister and paid for by the Minister,

(iii) make calls to the social worker of the child, and

(iv) make calls to the Child, Youth and Senior Advocate,

(c) notify the Minister of

(i) a proposed relocation at least 60 days before the relocation, and

(ii) a change in the composition of the group home, and

(d) ensure that the interior and exterior of the home are safe, clean, functional and maintained daily.

Certificates

64A staff member of a group home who provides services directly to children shall hold the following certificates:

(a) a valid first aid and cardiopulmonary resuscitation certificate;

(b) a certificate in non-violent crisis intervention; and

(c) a certificate in suicide awareness and prevention.

Insurance

65A company that makes an application for approval to operate a group home, or the operator of a group home, shall purchase and maintain

(a) insurance against the loss of or damage to property,

(b) automobile insurance of at least $2,000,000, that includes third party liability, for each motorized vehicle used by the staff members to transport a child receiving services in the group home, and

(c) general liability insurance of at least $2,000,000 that provides coverage to the company, the members of the board of directors and the staff members.

Transportation of children

66The operator of a group home that transports a child or provides for the transportation of a child shall ensure that the following requirements are met:

(a) the driver of the motor vehicle complies with the Motor Vehicle Act and the regulations under that Act; and

(b) the motor vehicle is equipped with a first aid kit which is readily accessible.

Section 320.14 of the Criminal Code

67An operator of a group home may employ or engage in any other manner as a staff member a person who has been convicted of a violation of subsection 320.14(1) or (4) of the Criminal Code (Canada), but that person shall not transport a child in a motor vehicle while acting in the course of the employment of the person for five years after the date of the conviction of the person.

Inspection

68(1)An operator of a group home shall ensure that the home complies with

(a) the standards of lighting, ventilation and other general health standards under the Public Health Act, and

(b) the standards under the Fire Prevention Act.

68(2)An operator shall permit a medical officer of health and a fire marshal, a deputy fire marshal or a fire prevention officer to inspect the home at least once each year to ensure compliance with the standards under subsection (1).

Nutrition

69(1)An operator of a group home shall prepare nutritious snacks daily and nutritious meals three times daily for the children.

69(2)An operator shall display information concerning the allergies and special dietary needs of the children in the food preparation area.

Communication of information

70An operator of a group home shall notify the Minister of the following matters related to a child:

(a) an accident or illness requiring medical treatment or hospitalization;

(b) an overdose of drugs, medication or alcohol;

(c) behaviour that is high-risk or self-harming;

(d) behaviour that indicates suicidal intent, a threat of suicide or a suicide attempt;

(e) an allegation of mistreatment or negligence;

(f) a police intervention or the possibility of a criminal charge;

(g) a situation involving the use of physical restraint or other prohibited methods of behavioural management by a staff member;

(h) property damage caused by the child;

(i) the fact that the child observed, was involved in or was exposed to a situation of elevated risk or a disaster that may cause emotional trauma or post-traumatic stress;

(j) the absence of the child from the home without permission for more than two hours; and

(k) the death of the child.

Orientation session

71An operator of a group home shall ensure that an orientation session is offered to each child which includes

(a) a physical visit to the group home,

(b) an introduction to the staff members and the children who live in the group home, and

(c) a discussion of the rules, policies and protocols of the group home.

Staff manual

72(1)An operator of a group home shall deliver to each staff member a manual including the following information:

(a) a policy in relation to preventing the spread of notifiable diseases as defined in the Public Health Act, including exclusion criteria;

(b) a policy in relation to poisoning or medical emergencies;

(c) a policy in relation to accidents;

(d) a policy in relation to safety awareness and accident prevention;

(e) a policy in relation to assaults;

(f) a suicide prevention policy;

(g) a policy in relation to absences without permission;

(h) a policy in relation to a child’s conflict with the law;

(i) an emergency evacuation plan;

(j) a protocol related to a child being the victim of abuse or negligence;

(k) a policy prohibiting smoking;

(l) a policy for the administration of prescription and non-prescription medication; and

(m) a food safety policy.

72(2)An operator shall require each staff member to sign a declaration indicating that the staff member has read the manual and understood its content.

Records

73(1)An operator of a group home shall maintain a record separate from the operational records in which the operator shall record the expenditures made to meet the basic and exceptional needs of the child and shall provide the record to the Minister on request.

73(2)For the purposes of subsection (1), the operator shall retain a record relating to an expenditure for one year after the expenditure was made.

Operational records

74(1)An operator of a group home shall maintain the books, records and accounts that are necessary for the proper recording of the financial operations and affairs of the group home.

74(2)If the Minister provides financial assistance on behalf of a child, the operator shall deposit the sums in a separate account and provide a record to the Minister, on request, of expenditures made to fulfil the plan for the care of the child.

74(3)An operator shall submit to the Minister each month an account of the monthly expenditures of the group home and a report outlining the programs and services provided at the group home.

74(4)The accounts and the financial operations of the group home shall be audited annually for the previous fiscal year.

74(5)The operator shall file a copy of the audited financial statement with the Minister no later than June 1 each year.

Annual budget estimate

75(1)An operator of a group home who has entered into a contract under subsection 25(1) of the Act shall prepare an annual budget and submit it to the Minister no later than 60 days before the anniversary date of entering into the contract.

75(2)The annual budget under subsection (1) shall include the expenditures of the group home, including

(a) the salary of staff members, and

(b) the employee benefits of staff members.

Case record for the child

76(1)An operator of a group home shall maintain in a locked storage space a case record for a child that includes the following up-to-date information:

(a) medical and dental information;

(b) report cards;

(c) the responsibilities that the operator has assumed according to the terms of the plan for the care of the child and the manner in which they are being discharged; and

(d) the typical daily routine of the child.

76(2)As soon as an operator is no longer providing services to a child, the operator shall submit the case record under subsection (1) to the Minister.

Staff records

77An operator of a group home shall maintain a record of each staff member that includes the following documents and information:

(a) the name, address and date of birth of the staff member and the qualifications of the staff member, including copies of the certificates under section 64;

(b) a description of the duties and responsibilities of the staff member;

(c) an attendance record;

(d) a vulnerable sector check report; and

(e) a check with the Department report.

Health card

78The Minister shall provide a health card to a child receiving services in a group home to enable the child to receive services under the Health Services Act.

Visits

79A child receiving services in a group home may receive visits during reasonable hours from persons who are authorized to visit under the plan for the care of the child.

Surveillance cameras

80An operator of a group home shall not use a surveillance camera with recording capacity inside the group home.

Smoking prohibited

81(1)An operator of a group home shall prohibit smoking, as defined in the Smoke-free Places Act, in the group home, in the outdoor play area, during excursions or during the transport of a child receiving services in the group home.

81(2)An operator shall not purchase for or provide to a child tobacco products or any activated device containing a substance that is intended to be inhaled or exhaled, including an electronic cigarette or water pipe.

Weapons prohibited

82An operator of a group home shall ensure that knives, firearms and any other weapons are not permitted on the premises of the group home.

Termination of services by operator

83An operator may terminate the provision of services on a proposed date, by advising the Minister at least 30 days before the proposed date, or on a date mutually agreed on by the operator and the Minister.

Personal property

84As soon as a child is no longer receiving services from an operator, the operator shall return the personal property of the child to the child.

E

Treatment Centre

Application

85(1)A not-for-profit company incorporated under the Companies Act or a corporation as defined in the Business Corporations Act may make an application to the Minister for approval to operate a treatment centre on a form provided by the Minister.

85(2)An application for approval to operate a treatment centre shall include the following documents and information:

(a) a copy of the charter, letters patent, articles of incorporation or other documents evidencing the incorporation of the company or corporation;

(b) the address of the premises of the company or corporation;

(c) a copy of certificates of insurance as proof of the policies under section 89 or a declaration by the insurer of its intention to issue the certificates of insurance;

(d) proof of compliance with relevant municipal by-laws;

(e) a statement of compliance of a medical officer of health appointed under the Public Health Act stating that the treatment centre meets general health standards, including lighting and ventilation standards, under the Public Health Act;

(f) a statement of compliance of a fire marshal, a deputy fire marshal or a fire prevention officer appointed under the Fire Prevention Act stating that the treatment centre meets the standards under the Fire Prevention Act;

(g) a strategic plan, including the mission, values, goals and target population;

(h) the names of the members of the board of directors, and letters of reference evidencing their work experience and educational background;

(i) an operational plan, including a description of the required facilities;

(j) an organizational chart, including a description of job positions and the expected education and experience of staff members;

(k) a financial plan, including an evaluation of sources of income and a business case for at least one year;

(l) a description of

(i) the services to be offered,

(ii) the models of care to be employed,

(iii) the programming and procedures to be undertaken, and

(iv) how the care to be provided will be linked to other support services in the community; and

(m) an evacuation plan in the event of an emergency or a health hazard.

85(3)On receiving a completed application for approval, the Minister shall issue an approval to the company or corporation if

(a) the company or corporation meets the standards applicable to the treatment centre, and

(b) the services to be provided by the company or corporation meet the standards.

85(4)The Minister may issue an approval and impose conditions, including prescribing the time to fulfil the conditions.

2023, c.2, s.180

Board of directors

86The board of directors of a treatment centre shall consist of at least seven members elected at an annual meeting.

Treatment centre standards

87(1)The following standards apply to a treatment centre:

(a) it shall be capable of meeting the basic and exceptional needs of each child;

(b) a medical officer of health appointed under the Public Health Act has given a written statement of compliance stating that the treatment centre meets the standards under that Act;

(c) a fire marshal, a deputy fire marshal or a fire prevention officer appointed under the Fire Prevention Act has given a written statement of compliance stating that the treatment centre meets the standards under that Act;

(d) it shall contain a first aid kit which is readily accessible, equipped with the contents prescribed by New Brunswick Regulation 2004-130 under the Occupational Health and Safety Act, as a first aid kit that is not a personal, Type P first aid kit;

(e) it shall contain a kitchen that has available for use

(i) a separate space for meal preparation,

(ii) a space for food storage,

(iii) household appliances and adequate cooking utensils, and

(iv) a locked storage space for sharp objects;

(f) it shall contain a dining area with a sufficient number of seats to permit each child to sit and eat in a family setting;

(g) it shall contain a bedroom that

(i) is completely enclosed by walls that extend from floor to ceiling,

(ii) is equipped with a bed for each child,

(iii) has a floor area of at least 7.4 m2, if the bedroom is occupied by one child,

(iv) has a floor area of at least 11.1 m2, if the bedroom is occupied by two children, with a space between the two beds of at least 1 m,

(v) has ready access to an exit,

(vi) is equipped with a non-toxic mattress, pillows, pillowcases, bedsheets and linens,

(vii) is equipped with a dresser and a storage space for clothing and personal effects of each child, and

(viii) is equipped with at least one electrical outlet per child;

(h) it shall contain one or more bathrooms equipped with at least

(i) one washbasin with hot and cold running water for every five occupants, being the children and staff members present,

(ii) one flush toilet for every five occupants, being the children and staff members present, and

(iii) a bathtub or shower with hot and cold running water for every eight occupants, being the children and staff members present;

(i) it shall contain a laundry facility that has adequate laundry materials;

(j) it shall contain an indoor play area of at least 4.5 m2 per child;

(k) it shall contain an outdoor play area of at least 9 m2 per child; and

(l) it shall be equipped with a separate locked space for the storage of toxic, chemical and cleaning products and medications that is inaccessible to children.

87(2)No more than two children of the same gender or gender identity may share a bedroom in a treatment centre.

87(3)The Minister shall determine whether the treatment centre meets the standards under subsection (1) after completing at least one onsite visit.

87(4)An operator of a treatment centre shall not alter the space used to provide its services unless the Minister has approved the changes.

87(5)An operator shall

(a) clearly display in plain view in the treatment centre

(i) emergency telephone numbers,

(ii) the telephone number of the regional office of the Department,

(iii) the telephone number of the Child, Youth and Senior Advocate,

(iv) the telephone number of Tele-care,

(v) the telephone number of community mental health centres,

(vi) the telephone numbers of after-hours and walk-in clinics, and

(vii) the emergency evacuation procedure,

(b) provide access to a telephone and reasonable privacy to enable each child to

(i) make local calls to maintain relationships with persons who are important to the child, in accordance with the plan for the care of the child,

(ii) make long-distance calls pre-authorized by the Minister and paid for by the Minister,

(iii) make calls to the social worker of the child, and

(iv) make calls to the Child, Youth and Senior Advocate,

(c) notify the Minister of

(i) a proposed relocation at least 60 days before the relocation, and

(ii) a change in the composition of the treatment centre, and

(d) ensure that the interior and exterior of the treatment centre are safe, clean, functional and maintained daily.

Certificates

88A staff member of a treatment centre who provides services directly to children shall hold the following certificates:

(a) a valid first aid and cardiopulmonary resuscitation certificate;

(b) a certificate in non-violent crisis intervention; and

(c) a certificate in suicide awareness and prevention.

Insurance

89A company or corporation that makes an application for approval to operate a treatment centre, or the operator of a treatment centre, shall purchase and maintain

(a) insurance against the loss of or damage to property,

(b) automobile insurance of at least $2,000,000, that includes third party liability, for each motorized vehicle used by the staff members to transport a child receiving services in the treatment centre, and

(c) general liability insurance of at least $2,000,000 that provides coverage to the company or corporation, the members of the board of directors and the staff members.

Transportation of children

90The operator of a treatment centre that transports a child or provides for the transportation of a child shall ensure that the following requirements are met:

(a) the driver of the motor vehicle complies with the Motor Vehicle Act and the regulations under that Act; and

(b) the motor vehicle is equipped with a first aid kit which is readily accessible.

Section 320.14 of the Criminal Code

91An operator of a treatment centre may employ or engage in any other manner as a staff member a person who has been convicted of a violation of subsection 320.14(1) or (4) of the Criminal Code (Canada), but that person shall not transport a child in a motor vehicle while acting in the course of the employment of the person for five years after the date of the conviction of the person.

Inspection

92(1)An operator of a treatment centre shall ensure that the treatment centre complies with

(a) the standards of lighting, ventilation and other general health standards under the Public Health Act, and

(b) the standards under the Fire Prevention Act.

92(2)An operator shall permit a medical officer of health and a fire marshal, a deputy fire marshal or a fire prevention officer to inspect the centre at least once each year to ensure compliance with the standards under subsection (1).

Plan for the care of the child

93An operator of a treatment centre shall keep and update a plan for the care of a child including the following information:

(a) the assessed level of functioning and needs of the child;

(b) the goals to be attained and a time within which to attain them;

(c) a description of the activities to be carried out by caregivers, educational staff, staff of community social services agencies, external mental health professionals and the social worker;

(d) the role of the parent;

(e) the persons who are permitted to visit the child; and

(f) the tentative discharge date for the child.

Nutrition

94(1)An operator of a treatment centre shall prepare nutritious snacks daily and nutritious meals three times daily for the children.

94(2)An operator shall display information concerning the allergies and special dietary needs of the children in the food preparation area.

Communication of information

95An operator of a treatment centre shall notify the Minister of the following matters related to a child:

(a) an accident or illness requiring medical treatment or hospitalization;

(b) an overdose of drugs, medication or alcohol;

(c) behaviour that is high-risk or self-harming;

(d) behaviour that indicates suicidal intent, a threat of suicide or a suicide attempt;

(e) an allegation of mistreatment or negligence;

(f) a police intervention or the possibility of a criminal charge;

(g) a situation involving the use of physical restraint or other prohibited methods of behavioural management by a staff member;

(h) property damage caused by the child;

(i) the fact that the child observed, was involved in or was exposed to a situation of elevated risk or a disaster that may cause emotional trauma or post-traumatic stress;

(j) the absence of the child from the home without permission for more than two hours; and

(k) the death of the child.

Orientation session

96An operator of a treatment centre shall ensure that an orientation session is offered to each child that includes

(a) a physical visit to the treatment centre,

(b) an introduction to the staff members and the children who live in the treatment centre, and

(c) a discussion of the rules, policies and protocols of the treatment centre.

Staff manual

97(1)An operator of a treatment centre shall deliver to each staff member a manual including the following information:

(a) a policy in relation to preventing the spread of notifiable diseases as defined in the Public Health Act, including exclusion criteria;

(b) a policy in relation to poisoning or medical emergencies;

(c) a policy in relation to accidents;

(d) a policy in relation to safety awareness and accident prevention;

(e) a policy in relation to assaults;

(f) a suicide prevention policy;

(g) a policy in relation to absences without permission;

(h) a policy in relation to a child’s conflict with the law;

(i) an emergency evacuation plan;

(j) a protocol related to a child being the victim of abuse or negligence;

(k) a policy prohibiting smoking;

(l) a policy for the administration of prescription and non-prescription medication; and

(m) a food safety policy.

97(2)An operator shall require each staff member to sign a declaration indicating that the staff member has read the manual and understood its content.

Records

98(1)An operator of a treatment centre shall maintain a record separate from the operational records in which the operator shall record the expenditures made to meet the basic and exceptional needs of the child and shall provide the record to the Minister on request.

98(2)For the purposes of subsection (1), the operator shall retain a record relating to an expenditure for one year after the expenditure was made.

Operational records

99(1)An operator of a treatment centre shall maintain the books, records and accounts that are necessary for the proper recording of the financial operations and affairs of the treatment centre.

99(2)If the Minister provides financial assistance on behalf of a child, the operator shall deposit the sums in a separate account and provide a record to the Minister, on request, of expenditures made to fulfil the plan for the care of the child.

99(3)An operator shall submit to the Minister each month an account of the monthly expenditures of the treatment centre and a report outlining the programs and services provided at the treatment centre.

99(4)The accounts and the financial operations of the treatment centre shall be audited annually for the previous fiscal year.

99(5)The operator shall file a copy of the audited financial statement with the Minister no later than June 1 each year.

Annual budget estimate

100(1)An operator of a treatment centre who has entered into a contract under subsection 25(1) of the Act shall prepare an annual budget and submit it to the Minister no later than 60 days before the anniversary date of entering into the contract.

100(2)The annual budget under subsection (1) shall include the expenditures of the treatment centre, including

(a) the salary of staff members, and

(b) the employee benefits of staff members.

Case record for the child

101(1)An operator of a treatment centre shall maintain in a locked storage space a case record for a child that includes the following up-to-date information:

(a) medical and dental information;

(b) report cards;

(c) the responsibilities that the operator has assumed according to the terms of the plan for the care of the child and the manner in which they are being discharged; and

(d) the typical daily routine of the child.

101(2)As soon as an operator is no longer providing services to a child, the operator shall submit the case record under subsection (1) to the Minister.

Staff records

102An operator of a treatment centre shall maintain a record of each staff member that includes the following documents and information:

(a) the name, address and date of birth of staff member and the qualifications of the staff member, including copies of the certificates under section 88;

(b) a description of the duties and responsibilities of staff members;

(c) an attendance record;

(d) a vulnerable sector check report; and

(e) a check with the Department report.

Health card

103The Minister shall provide a health card to a child receiving services in a treatment centre to enable the child to receive services under the Health Services Act.

Visits

104A child receiving services in a treatment centre may receive visits during reasonable hours from persons who are authorized to visit under the plan for the care of the child.

Surveillance cameras

105An operator of a treatment centre shall not use a surveillance camera with recording capacity inside the treatment centre.

Smoking prohibited

106(1)An operator of a treatment centre shall prohibit smoking, as defined in the Smoke-free Places Act, in the centre, in the outdoor play area, during excursions or during the transport of a child receiving services in the treatment centre.

106(2)An operator shall not purchase for or provide to a child tobacco products or any activated device containing a substance that is intended to be inhaled or exhaled, including an electronic cigarette or water pipe.

Weapons prohibited

107An operator of a treatment centre shall ensure that knives, firearms and any other weapons are not permitted on the premises of the treatment centre.

Termination of services by operator

108An operator may terminate the provision of services on a proposed date, by advising the Minister at least 30 days before the proposed date, or on a date mutually agreed on by the operator and the Minister.

Personal property

109As soon as a child is no longer receiving services from an operator, the operator shall return the personal property of the child to the child.

4

TRANSITIONAL PROVISIONS, REPEAL AND COMMENCEMENT

Transitional provisions

110(1)On the commencement of this Regulation, an approval issued under subsection 26(1) of the Family Services Act meeting the criteria and standards under New Brunswick Regulation 91-170 under that Act that is in force immediately before the commencement of this section shall be deemed to be an approval under subsection 26(1) of the Family Services Act meeting the criteria and standards under this Regulation and shall continue in force until

(a) the Minister suspends the approval, or

(b) the Minister revokes the approval.

110(2)An application for approval made but only partially dealt with before the commencement of this section may be dealt with in accordance with this Regulation.

Repeal

111New Brunswick Regulation 91-170 under the Family Services Act is repealed.

Commencement

112This Regulation comes into force on April 1, 2020.

SCHEDULE A

CRIMINAL CODE CANADA

Section	General Description of Offence
43	Correction of child by force
151	Sexual interference
152	Invitation to sexual touching
153	Sexual exploitation
153.1	Sexual exploitation of person with disability
155	Incest
160	Bestiality
161	Order of prohibition
162	Voyeurism
162.1	Publication, etc., of an intimate image without consent
163	Obscene materials
163.1	Child pornography
167	Immoral theatrical performance
168	Mailing obscene matter
170	Parent or guardian procuring sexual activity
171	Householder permitting prohibited sexual activity
171.1	Making sexually explicit material available to child
172	Corrupting children
172.1	Luring a child
172.2	Agreement or arrangement – sexual offence against child
173	Indecent acts
175	Causing disturbance, indecent exhibition, loitering, etc.
215	Duty of persons to provide necessaries
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	Counselling or aiding suicide
242	Neglect to obtain assistance in childbirth
243	Concealing body of child
244	Discharging firearm with intent
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, trafficking in persons, hostage taking, abduction
286.1	Obtaining sexual services for consideration
286.2	Material benefit from sexual services
318	Advocating genocide
319	Public incitement of hatred
322	Theft
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
348	Breaking and entering with intent, committing offence or breaking out
356	Theft from mail
363	Obtaining execution of valuable security by fraud
368	Use, trafficking or possession of forged document
372	False information
374	Drawing document without authority, etc.
380	Fraud
423	Intimidation
430	Mischief
431	Attack on premises, residence or transport of internationally protected person
433 - 436.1	Arson and other fires
445 - 445.01	Animals
445.1 - 447	Cruelty to animals

SCHEDULE B

CONTROLLED DRUGS AND SUBSTANCES ACT CANADA

Section	General Description of Offence
5	Trafficking in substance
6	Importing and exporting
7	Production of substance

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

2020-21 - Children’s Services and Resources

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