<<SR_PageTitle>>

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 in Care Services Regulation - Family Services Act.

2In this Regulation

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

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

“care provider” means an adult who provides child care services to a child in care and includes a person employed by a child care residential centre;(fournisseur de soins)

“child care residential centre” means a community placement resource that is operated by the Department or a company duly incorporated under the Companies Act in which a child in care resides for twenty-four hours per day and receives child care services from a care provider in a structured setting;(centre résidentiel pour services de soins aux enfants)

“child care services” means services that are supervisory, supportive, developmental or rehabilitative in nature;(service de soins aux enfants)

“child placement resource” means a community placement resource that is a foster home or a child care residential centre in which a child in care resides for twenty-four hours per day;(centre de placement pour enfants)

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

“Minister” Repealed: 2019, c.2, s.56

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

3(1)An application for an approval to operate a child placement resource shall be made by an adult, group of adults or a duly incorporated company, as the case may be, on a form provided by the Minister.

3(2)The Minister shall approve a child placement resource that is in operation before the commencement of this Regulation if it meets the criteria and standards prescribed by the Minister under subsection 26(1) of the Act.

2016, c.37, s.68

4(1)Subject to section 5, before the Minister issues an approval of a child placement resource that is a foster home, the foster home shall meet the following criteria and standards:

(a) the application is approved by the Minister;

(b) where the Minister considers it necessary, the public health inspector for the health region in which the foster home is located or any public health inspector who is appointed under the Public Health Act has given a written statement of compliance stating that the sanitation, lighting, ventilation and other general health standards in the foster home meet the standards established by the Minister of Health under the Public Health Act;

(c) where the Minister considers it necessary, the fire marshal, deputy fire marshal, a fire prevention officer, a special assistant or a local assistant appointed under the Fire Prevention Act has given a written statement of compliance stating that the foster home meets fire prevention standards and building standards

(i) approved by the fire marshal, or

(ii) prescribed by or incorporated by reference in regulations under the Fire Prevention Act;

(d) at least one home visit has been completed by the Minister; and

(e) the Minister is satisfied that the foster home complies with the criteria and standards prescribed by the Minister under subsection 26(1) of the Act.

4(2)Subject to section 5, before the Minister issues an approval of a child placement resource that is a child care residential centre, the child care residential centre shall meet the following criteria and standards:

(a) the application is approved by the Minister;

(b) the public health inspector for the health region in which the child care residential centre is located or any public health inspector who is appointed under the Public Health Act has given a written statement of compliance stating that the sanitation, lighting, ventilation and other general health standards in the child care residential centre meet the standards established by the Minister of Health under the Public Health Act;

(c) the fire marshal, deputy fire marshal, a fire prevention officer, a special assistant or a local assistant appointed under the Fire Prevention Act has given a written statement of compliance stating that the child care residential centre meets fire prevention standards and building standards

(i) approved by the fire marshal, or

(ii) prescribed by or incorporated by reference in regulations under the Fire Prevention Act;

(d) where the operator is a duly incorporated company, the child care residential centre’s letters patent for incorporation shall state that no dividends shall be declared or paid on any capital stock of the company and that there shall be a board of directors which shall consist of at least seven members who are elected at annual public meetings; and

(e) the Minister is satisfied that the child care residential centre complies with the criteria and standards prescribed by the Minister under subsection 26(1) of the Act.

2000, c.26, s.119; 2006, c.16, s.70; 2016, c.37, s.68; 2017, c.42, s.83

5The Minister shall not issue an approval of a child placement resource unless each care provider in the child placement resource meets the following criteria and standards:

(a) the care provider has not been convicted of an offence under any section of the Criminal Code (Canada) listed in Schedule A;

(b) Repealed: 99-52

(b.1) the care provider has not endangered a child’s security or development as described in paragraphs 31(1)(a) to (g) of the Act or a person’s security as described in paragraphs 37.1 (1)(a) to (g) of the Act, based on a finding by a court, where the court has made an order in relation to the child or person, or

(b.2) the care provider has not endangered a child’s security or development as described in paragraphs 31(1)(a) to (g) of the Act or a person’s security as described in paragraphs 37.1(1)(a) to (g) of the Act, as found in an investigation by the Minister, where the care provider has been informed of the Minister’s findings; and

(c) the care provider meets all other criteria and standards that the Minister may prescribe respecting the qualifications of a care provider.

99-52; 2010-18; 2016, c.37, s.68

6An approval by the Minister of a child placement resource shall be in Form 1.

2016, c.37, s.68

7The Minister may terminate the approval of a child placement resource if

(a) the operator ceases to provide child care services,

(a.1) a care provider at any time fails to meet the criteria and standards set out in paragraphs 5(a) to (c),

(b) the Minister directs the operator of a child placement resource to terminate operation of the child placement resource under paragraph 27(4)(g) of the Act, or

(c) the Minister determines that an operator is not distributing money received from the Minister on behalf of a child in care in the best interests of the child in accordance with section 8 and the criteria and standards prescribed by the Minister under subsection 26(1) of the Act.

99-52; 2016, c.37, s.68

7.1(1)The Minister shall ensure that a check described in paragraphs 5(a), (b.1) and (b.2) is conducted on each foster parent not later than five years after the issuance of an approval and every five years thereafter, or sooner if the Minister reasonably believes one is required.

7.1(2)If the Minister is unable to obtain the consent of a foster parent to a check referred to in subsection (1), the Minister may revoke the approval in respect of the foster home.

2016, c.37, s.68

7.2(1)An operator of a child care residential centre shall ensure that a criminal record check and a check with the Department, as described in subsection (2), is conducted on each care provider or prospective care provider in the centre.

7.2(2)A check with the Department shall be in respect of

(a) a court order based on a finding by the court that a person has endangered a child’s security or development as described in paragraphs 31(1)(a) to (g) of the Act or a person’s security as described in paragraphs 37.1(1)(a) to (g) of the Act,

(b) a finding by the Minister, as the result of an investigation by the Minister, that a person has endangered the security or development of a child as described in paragraphs 31(1)(a) to (g) of the Act, where the person has been informed of the finding of the Minister, and

(c) a finding by the Minister as the result of an investigation by the Minister, that a person has endangered the security of another person as described in paragraphs 37.1(1)(a) to (g) of the Act, where the person has been informed of the finding of the Minister.

7.2(3)An operator of a child care residential centre shall ensure that a check under subsection (1) is conducted before the person becomes a care provider.

7.2(4)An operator of a child care residential centre shall ensure that a check required under subsection (1) is conducted on each care provider not later than five years after a previous check, and that a check is conducted sooner if the operator reasonably believes one is required.

7.2(4.1)The checks under subsections (1), (2), (3) and (4) apply to an operator of a child care residential centre.

7.2(4.2)An operator of a child care residential centre shall ensure that a copy of the checks under subsections (1) and (4) are kept at each individual child care residential centre.

7.2(4.3)An operator of a child care residential centre may employ a person as a care provider if the person has been convicted of an offence under section 253 of the Criminal Code (Canada) but that care provider shall not transport any child in a motor vehicle while acting in the course of his or her employment for five years after the date of his or her conviction.

7.2(5)An operator of a child care residential centre shall not employ a person as a care provider if the person has been convicted of an offence under any section of the Criminal Code (Canada) listed in Schedule A or has been identified by a check with the Department as falling within the scope of paragraphs (2)(a) to (c).

99-52; 2000, c.26, s.119; 2008, c.6, s.21; 2010-18; 2016, c.37, s.68; 2019, c.2, s.56

8Where the Minister provides financial support to an operator or a trustee on behalf of a child in care residing in a child placement resource, the operator or trustee shall use the money for

(a) personal care and supervision of the child in care,

(b) food, shelter and basic clothing for the child in care, and

(c) any special items and services that the Minister considers necessary for the child in care.

2016, c.37, s.68

9Where the Minister provides financial support to an operator of a child care residential centre on behalf of a child in care residing in the child care residential centre, the operator shall

(a) maintain a record of all expenditures on behalf of each child in care and shall make the record available for inspection upon the request of the Minister, and

(b) provide to the Minister, before the first day of June in each year, an audited financial statement of the child care residential centre from the first day of April to the thirty-first day of March for the previous fiscal year, and any other documents which the Minister may consider necessary.

2016, c.37, s.68

10Where the Minister is advised that an operator of a foster home who receives financial support on behalf of a child in care is not distributing the money in the best interests of the child in accordance with section 8 and the criteria and standards prescribed by the Minister under subsection 26(1) of the Act, the Minister shall investigate the matter and may request accountability from the operator with respect to the distribution of the money.

2016, c.37, s.68

11The Minister shall for each child in care,

(a) develop a plan of care,

(b) select an appropriate child placement resource, and

(c) visit the child in the child placement resource,

in accordance with the standards required by the Minister.

2016, c.37, s.68

12The Minister shall provide each child in care a health services card in accordance with the General Regulation - Health Services Act, being New Brunswick Regulation 84-115 under the Health Services Act.

2016, c.37, s.68

13(1)The Minister shall maintain a written case record for each child in care which shall include

(a) a birth certificate,

(b) a medicare number,

(c) reports of all medical and dental examinations and immunization records,

(d) photographs of the child taken annually,

(e) where obtainable, any legal document concerning the child’s admission to the child placement resource,

(f) the child’s placement history,

(g) any personal, family and social history,

(h) mental health reports,

(i) school records and reports,

(j) the plan of care developed for the child, and

(k) any other information that the Minister considers relevant.

13(2)An operator of a child placement resource shall maintain a written case record for each child in care which shall contain information prescribed by the Minister.

2016, c.37, s.68

14(1)Each care provider and operator shall ensure that all information pertaining to a child in care is kept confidential.

14(2)An operator of a child placement resource shall forward to the Minister a written case record under subsection 13(2) within thirty days after a child in care is discharged from a child placement resource.

2016, c.37, s.68

SCHEDULE A

CRIMINAL CODE

Section	General Description of Offence
151	Sexual interference
152	Invitation to sexual touching
153	Sexual exploitation
153.1	Sexual exploitation of person with disability
155	Incest
159	Anal intercourse
160	Bestiality
162	Voyeurism
163	Corrupting morals
163.1	Child pornography
167	Immoral theatrical performance
168	Mailing obscene matter
170	Parent or guardian procuring sexual activity
171	Householder permitting sexual activity
172	Corrupting children
172.1	Luring a child
173	Indecent acts
175	Causing disturbance, indecent exhibition, loitering
212	Procuring
218	Abandoning child
219	Criminal negligence
220	Causing death by criminal negligence
221	Causing bodily harm by criminal negligence
229 - 240	Murder, manslaughter and infanticide
241	Counseling or aiding suicide
242	Neglect to obtain assistance in child birth
243	Concealing body of child
244	Discharging firearm with intent
244.1	Causing bodily harm with intent - air gun or pistol
245	Administering noxious things
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 partyor causing bodily harm
273	Aggravated sexual assault
273.3	Removal of child from Canada
279 - 283	Kidnapping, hostage taking, abduction
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 offenceor breaking out
356	Theft from mail
363	Obtaining execution of valuable security by fraud
368	Uttering forged document
374	Drawing document without authority
380	Fraud
423	Intimidation
430	Mischief
431	Attack on premises, residence or transport of internationallyprotected person
433 - 436.1	Arson and other fires
444 - 445	Cattle and other animals
445.1 - 447	Cruelty to animals

2010-18

Form 1

N.B. This Regulation is consolidated to April 1, 2020.

91-170 - Children in Care Services

Copy to Clipboard