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NEW BRUNSWICK
REGULATION 81-132
Under section 143 of the Family Services Act the Lieutenant-Governor in Council makes the following Regulation:
85-15
1This Regulation may be cited as the
General Administration Regulation - Family Services Act.85-15
“Act” means the Family Services Act;
“Department” Repealed: 94-1; 94-53
“document” includes any record of information, however recorded or stored, whether in printed form, on film, by electronic means or otherwise;
“registrar” means the appropriate employee appointed by the Minister under section 15.
2(2)For the purposes of Part III of the Act
“child” means a person actually or apparently under the age of sixteen, and includes a disabled person actually or apparently under the age of nineteen.
2(3)For the purposes of the Act, the following services are community social services:
(a)services for unmarried parents,
(b)services for single parents, and
(c)services to young offenders in open custody.
2(4)For the purpose of subsection 92(5) of the Act
“identifying information” means any information acquired with respect to an adoption the release of which would tend to reveal the identity of a person and, without restricting the generality of the foregoing, includes information with respect to that person’s name, residence or occupation;
“nonidentifying information” means any information acquired with respect to an adoption the release of which would tend not to reveal the identity of a person and, without restricting the generality of the foregoing, includes
(a)information respecting the age, physical or personal characteristics, education, marital status, ethnic background, and health of a person; and
(b)in the case of information requested in respect of a natural parent,
(i)the circumstances surrounding the birth of the child, and
(ii)the relationship between the natural parents at the time of the birth.
2(5)For the purpose of subsection 48(3) of the Act, “special circumstances” means circumstances under which a parent is temporarily physically, emotionally or financially unable to exercise his parental responsibilities.
2(6)For the purpose of subsection 92(5) of the Act “special circumstances” means circumstances where
(a)consent is unreasonably withheld, or
(b)the person whose consent is required cannot be located.
2(7)For the purpose of subsection 48(3) of the Act, “special needs” means any physical, emotional or educational need of a child that a parent is unable to provide.
85-15; 91-8; 94-1; 94-53; 97-70
3(1)Where the Minister issues a written authorization to an appropriate employee of the Department or of a community social service agency under paragraph 3(1)(b) of the Act, the written authorization shall be effective for the period stated therein but where no period has been stated, it shall be effective until revoked by the Minister.
3(2)Every appropriate employee who has been issued a written authorization by the Minister under paragraph 3(1)(b) of the Act shall carry on his person the written authorization while exercising any authority, duty or function conferred upon him.
97-70
4(1)Where the Minister receives a request for confidential information, he shall in writing within thirty days of the receipt of the request, grant or deny the request.
4(2)The request for confidential information shall specify the name of the person from whom the information was obtained and to whom the information relates and
(a)the documents containing the information requested; or
(b)where the document in which the relevant confidential information may be contained is not known to the applicant, the subject-matter of the information requested with sufficient particularity as to time, place and event to enable a person familiar with the subject-matter to identify the relevant document.
4(3)Where the document in which the confidential information is contained is unable to be identified the Minister shall so advise the applicant in writing and shall invite the applicant to supply additional information that might lead to identification of the relevant documents.
4(4)Where the Minister has identified the document containing the confidential information, he shall attempt to locate the person from whom the information was obtained and to whom the information relates for the purpose of determining whether they consent to the release of the confidential information.
4(5)The Minister shall grant the release of the confidential information only where the persons from whom the information was obtained and to whom the information relates consent to the release.
5(1)Subject to subsection (2), where any damage, loss or injury is caused by a child in care the Minister may
(a)accept responsibility for the damage, loss or injury; and
(b)make recompense to the person who suffered the damage, loss or injury.
5(2)No recompense shall be made if in the opinion of the Minister
(a)there is no substantial proof that the damage, loss or injury was caused by a child in care; or
(b)the circumstances surrounding the damage, loss or injury are such that no recompense should be made.
6An application for recompense shall include
(a)the name and postal address of the applicant;
(b)the name of the child in care who caused the damage, loss or injury;
(c)a statement of the facts out of which the damage, loss or injury arose; and
(d)a statement of the amount claimed by the applicant for the damage, loss or injury, including
(i)an appropriate third party estimate of cost of repair or replacement where recompense for damage or loss is claimed,
(ii)medical reports and receipts where recompense for injury is claimed, and
(iii)other documentation, where applicable.
7The Minister shall not consider an application for recompense where the application is made after the expiry of one year from the date of the damage, loss or injury.
8Where the Minister receives money or property as trustee for a child in care, he has the powers and duties of a trustee under the Trustees Act.
9In exercising his powers and duties as a trustee for a child in care, the Minister may engage any trust, building or loan institution or corporation licensed in the Province to carry on a trust business.
REVIEW
Repealed: 94-53
94-53
10 Repealed: 94-5385-15; 91-8; 94-53
11 Repealed: 94-5391-8; 94-53
12 Repealed: 94-5391-8; 94-53
13(1)Subject to this section, the Minister shall not take a child into care who is actually or apparently sixteen years of age or over except where the child is a disabled person.
13(2)The Minister may extend a custody agreement in accordance with subsection 48(3) of the Act with respect to a child sixteen years of age or over.
13(2.1)The Minister may, for the purposes of subsection 49(5) of the Act, continue to provide care and support for a child who
(a)is enrolled in an educational program, or
(b)is not self-sufficient by reason of a physical, mental or emotional disability.
13(3)The Minister may apply to the court for an extension of
(a)a supervisory order under subsection 54(2) of the Act,
(b)a custody order under subsection 55(2) of the Act, or
(c)a protective intervention order under subsection 58(4) of the Act,
with respect to a child sixteen years of age or over.
13(4)The Minister may enter into an agreement with a representative of the Crown in right of another Province, or a representative of any other government, or with any other person or agency approved by the Minister to accept the transfer of all or part of the parental rights and responsibilities in respect of a child sixteen years of age or over who is subject to any order referred to in subsection 62(1) of the Act.
13(5)The Minister may make an application to the court for an order under paragraph 51(1)(a) of the Act where a child who has been placed under protective care attains his sixteenth birthday before the application is heard.
91-8; 97-70
POST-ADOPTION DISCLOSURE REGISTER
15The Minister shall establish a voluntary disclosure register for the purposes of paragraph 92(2)(f) of the Act and appoint an appropriate employee as Registrar to administer the Register.
16No person shall inspect, remove, disclose, transmit or alter or permit the inspection, removal, disclosure, transmission or alteration of information maintained in the voluntary disclosure register except in accordance with the Act and this regulation.
17An adopted adult, sibling of an adopted adult, or natural parent may apply to the Registrar to be registered in the voluntary disclosure register.
(a)enter the applicant’s name in the voluntary disclosure register, and
(b)examine the registry to determine,
(i)where the applicant is an adopted adult, if a person who is the natural parent of the adopted adult is named in the register,
(ii)where the applicant is the natural parent, if the adopted adult is named in the register, or
(iii)where the applicant is a sibling of an adopted adult, if the adopted adult is named in the register.
18(2)Where the Registrar determines that
(a)an adopted adult and his sibling are named in the voluntary disclosure register; or
(b)an adopted adult and his natural parent are named in the voluntary disclosure register,
(c)obtain a confirmation from each of the parties referred to in paragraph (a) or (b), as the case may be, that they agree to the disclosure of identifying information; and
(d)where the parties agree, release the identifying information.
91-8
POST-ADOPTION ASSISTANCE
2007-83
19(1)The following definitions apply in this section.
“Amount A” means the prospective adopting parents’ annual net income from employment after deductions at source for premiums for employee benefits, employment insurance and Canada Pension Plan and union dues, pension contributions and income taxes, plus annual net income from self-employment, and where a prospective adopting parent has no pension plan includes a deduction for any contribution made to a registered retirement savings plan.
“Amount B” means 150 per cent of the annual low income cut-off (before tax) adjusted for the family size, including the adopted child, for urban areas of population 30,000 to 99,999 in the most recent edition of the publication concerning low income cut-offs published by Statistics Canada under the Statistics Act (Canada).
“Amount D” means the contribution by the prospective adopting parents to the services or assistance mentioned in subsection (2).
“Amount E” means the total annual child maintenance subsidy for all adopted children, as if the child was a child in care.
“child with a special service need” means a person under the age of majority of whom the Minister is the guardian who, based on evidence acceptable to the Minister, has been
(a)diagnosed with a physical disability or mental disability,
(b)diagnosed with an emotional disturbance, behavioural disturbance or developmental condition,
(c)recognized as being at high risk of developing a physical disability or mental disability, or
(d)recognized as being at high risk of developing an emotional disturbance, behavioural disturbance or developmental condition.
“child with a special placement need” means a person under the age of majority of whom the Minister is the guardian, who is a member of a sibling group that the Minister believes should be placed together, either jointly or successively.
19(2)A prospective adopting parent of a child with a special service need or two or more children with a special placement need may apply to the Minister for assistance under section 72 of the Act for the following services or assistance:
(a)medical expenses and entitled services received with the health services card mentioned in Regulation 84-115 under the Health Services Act;
(b)social and recreational activities for therapeutic or remedial purposes;
(c)day care for remedial purposes;
(d)equipment to accommodate a child’s special needs;
(e)extraordinary transportation costs to meet a child’s special needs;
(f)orthodontic treatment for medical reasons;
(g)therapies, including speech therapy, psychological therapy, occupational therapy or physical therapy;
(h)minor home renovations to accommodate a child’s special needs;
(i)respite care, where the child requires extensive or unusual care.
19(3)A prospective adopting parent of a child with a special service need or two or more children with a special placement need may qualify for financial assistance under section 72 of the Act in the form of an annual child maintenance payment by
(a)completing an application for an annual child maintenance payment on a form specified by the Minister,
(b)providing proof, satisfactory to the Minister, of his or her income, and
(c)meeting the income eligibility criteria set out in subsections (11) and (12).
19(4)No service or assistance set out in subsection (2) is available to a prospective adopting parent under an agreement entered into with the Minister under section 72 of the Act if the service or assistance is reasonably available at no cost to the applicant from another source.
19(5)If a service or assistance set out in subsection (2) is reasonably available at a reduced cost to the prospective adopting parent from a source other than the Minister, the Minister shall pay no more than the amount of the reduced cost.
19(6)Financial assistance under an agreement with the Minister under section 72 of the Act, in the form of annual child maintenance payments, may be paid
(a)in a lump sum payment,
(b)as monthly payments, or
(c)as payments from time to time, to meet special circumstances.
19(7)Payment for services for a child with a special service need or a child with a special placement need under an agreement with the Minister under section 72 of the Act shall not exceed the cost of services provided to a child in care.
19(8)Financial assistance or other assistance under an agreement with the Minister under section 72 of the Act, which must be concluded before the adoption order is made, may begin at the time of placement for adoption or at any time after the time of placement for adoption.
19(9)Financial assistance or other assistance under an agreement with the Minister under section 72 of the Act must be accounted for in a manner acceptable to the Minister.
19(10)No financial assistance or other assistance shall be provided under section 72 of the Act until the prospective adopting parent applies in writing for the assistance and the Minister concludes a written agreement with the prospective adopting parent that specifies the assistance to be provided and the conditions under which it will be provided.
19(11)A person is eligible for an annual child maintenance payment under subsection (3) if Amount E less Amount D is greater than zero.
19(12)Amount D is calculated as 25 per cent of the difference between Amount A less Amount B, according to the formula D = 25% × (A – B).
2007-83
FEES FOR CERTAIN SERVICES
97-80
19.1(1)The fees for the provision of services by the Minister for an examination or evaluation under section 8 of the Act are as follows:
(a)for social examinations or evaluations - fifty dollars per hour plus expenses;
(b)for psychological examinations or evaluations - eighty dollars per hour plus expenses;
(c)for psychiatric examinations or evaluations - one hundred and twenty dollars per hour plus expenses.
19.1(2)The fees for the provision of conciliation services by the Minister under section 131 of the Act are fifty dollars per session.
97-80; 2000, c.26, s.114
20The Minister may provide resources for the establishment and operation of social service programs and social service agencies where, in his opinion, the resources will be used to establish and operate services that are community social services.
21(1)A request for resources for the establishment and operation of a social service program or a social service agency may be made in writing to the Minister.
21(2)The request for resources shall state
(a)the name of the social service program or social service agency and its location within the Province;
(b)the objectives of the social service program or social service agency;
(c)the nature of the social service to be provided;
(d)the criteria for eligibility for participation in the social service program or social service agency;
(e)the description of physical facilities, if any, used by the social service program or social service agency;
(f)the source of existing resources, if any;
(g)the particulars of any other application made for similiar resources; and
(h)any additional information required by the Minister.
22(1)Where the Minister approves a request for resources he shall enter into a contract with the owner of a social service program or a social service agency for the provision of the resources.
22(2)A contract entered into by the Minister under subsection (1) shall
(a)state the term of the contract;
(b)provide for periodic evaluations of the social service program or social service agency by the Minister.
PROVINCIAL INFORMATION BANKS
94-1
22.1For the purposes of section 122.1 of the Act, “provincial enforcement service” means The Court of Queen’s Bench of New Brunswick.
94-1
22.2For the purposes of section 122.1 of the Act, the Medicare Registration Data Bank, the Community Social Services Information System and the Vital Statistics Automated System are designated as provincial information banks.
94-1
22.3(1)An application under subsection 122.1(2) of the Act shall be made by submitting to the court
(a)a certified copy of the order for support, custody or access to which the application relates, and
(b)an affidavit in accordance with subsection (2).
22.3(2)An affidavit required under subsection (1) shall
(a)state and describe the particulars of the breach or anticipated breach of the order,
(b)if the application relates to the breach of an order for support, identify the person to whom the application relates, state that reasonable steps have been taken to locate the person and describe the reasonable steps taken, and
(c)if the application relates to the breach of an order for custody or access, identify the person who is believed to have possession of the child or children to whom the application relates, state that reasonable steps have been taken to locate the child or children and that the child or children have not been located and describe the reasonable steps taken.
94-1
22.4(1)An application under subsection 122.1(10) of the Act shall be made to the Minister
(a)if the application is made under paragraph 122.1(10)(a) of the Act by an appropriate officer of the court, in Form 1,
(b)if the application is made under paragraph 122.1(10)(b) of the Act by a peace officer, in Form 2, and shall be accompanied by a certified copy of the information laid and a certificate in Form 2.1, or
(c)if the application is made under paragraph 122.1(10)(c) of the Act by a provincial enforcement service, by an appropriate officer of that service in Form 3, and shall be accompanied by a certificate in Form 3.1.
22.4(3)Notwithstanding subsections (1) and (2), an application under subsection 122.1(10) of the Act may be made orally to the Minister if the appropriate officer of the court, a peace officer or an appropriate officer of the provincial enforcement service making the application has reasonable and probable grounds to believe that the person to whom the application relates
(a)is the subject of an investigation of a child abduction under section 282 or 283 of the Criminal Code (Canada), and
(b)is planning to leave the Province forthwith.
22.4(4)The following information may be released under section 122.1 of the Act:
(a)the residential address of
(i)if the application relates to a breach of an order for support, the person who is in arrears, or
(ii)if the application relates to the breach or the anticipated breach of an order for custody or access or to an investigation of a child abduction under section 282 or 283 of the Criminal Code (Canada), the person who is believed to have possession of the child or children to whom the application relates;
(b)the social insurance number of a person referred to in paragraph (a);
(c)the date and place of birth of a person referred to paragraph (a);
(d)the full name of the mother of a person referred to in paragraph (a), including maiden name, and the mother’s residential address at the time of the person’s birth;
(e)the full name of the father of a person referred to in paragraph (a) and the father’s residential address at the time of the person’s birth;
(f)the name and mailing and street addresses of the employer of a person referred to in paragraph (a);
(g)the mailing and residential addresses of any child or children to whom the application relates; and
(h)the name and mailing and street addresses of any employer of any child or children to whom the application relates.
22.4(5)The Minister shall release the information to the applicant under subsection 122.1(12) of the Act in Form 4.
22.4(6)An applicant who receives information released in conformity with subsection (5) shall acknowledge receipt by delivering to the Minister a written acknowledgement in person or by registered mail within two weeks after receipt of the information.
22.4(7)An applicant who receives information released in conformity with subsection (5)
(a)shall use the information only, and
(b)shall not disclose the information except,
for the purposes of section 122.1 of the Act as set out in the application in relation to which it is released and for no other purpose.
94-1; 95-71
RECOVERY UNDER SECTIONÂ 142.1 OF THE ACT
95-22
22.5(1)The following terms and conditions apply to the sharing of proceeds of any recovery under subsection 142.1(8) of the Act:
(a)the barrister and solicitor acting on behalf of the injured person shall pay the share of Her Majesty the Queen in right of the Province by a cheque made payable to the Minister of Finance within thirty days after the receipt of the proceeds; and
(b)the barrister and solicitor acting on behalf of the injured person shall provide, with the cheque required under paragraph (a), an affidavit of the barrister and solicitor acting on behalf of the injured person and an affidavit of the barrister and solicitor acting on behalf of the person who is paying the proceeds to the injured person and the affidavits shall include the following:
(i)the names of the persons involved;
(ii)the name of the barrister and solicitor acting for the other person;
(iii)whether the claim was settled or a judgment was obtained and when;
(iv)in the case of a settlement, the amount of general damages and the amount of special damages that the barrister and solicitor making the affidavit reasonably believes the injured person was entitled to recover;
(v)in the case of a judgment, the amount of general damages and the amount of special damages awarded to the injured person;
(vi)the amount recovered by the injured person for general damages and the amount recovered for special damages;
(vii)a statement affirming that the amount recovered by the injured person for special damages bears the same proportion to the special damages referred to in subparagraph (iv) or (v), as the case may be, as the amount recovered by the injured person for general damages bears to the general damages referred to in subparagraph (iv) or (v), as the case may be;
(viii)the cost of social services claimed by the injured person; and
(ix)the amount that is being paid to Her Majesty the Queen in right of the Province under subsection 142.1(8) of the Act.
22.5(2)Where an injured person or a person paying the proceeds to the injured person is not represented by a barrister and solicitor, the payment of the proceeds under paragraph (1)(a) and an affidavit required under paragraph (1)(b) shall be made by the person making the claim, whether acting on his own behalf or on behalf of another person.
95-22
22.6Where a barrister and solicitor recovers a sum in respect of the cost of social services in accordance with section 142.1 of the Act, a fee shall be paid as follows:
(a)fifteen per cent on the first five thousand dollars recovered;
(b)ten per cent on the next ten thousand dollars recovered; and
(c)five per cent on that amount recovered in excess of fifteen thousand dollars.
95-22
23Regulation 74-90 under the Adoption Act is repealed.
24Regulations 67-1 and 74-155 under the Children of Unmarried Parents Act is repealed.
25Regulation 66-49 under the Child Welfare Act is repealed.
26Regulation 72-95 under the Deserted Wives & Children Maintenance Act is repealed.
27Regulation 69-97 under the Hospital Schools Act is repealed.
28Regulation 70-43 under the Mentally Retarded Children Act is repealed.
29Regulation 74-186 under the Parent’s Maintenance Act is repealed.
30This Regulation comes into force on September 1, 1981.
N.B. This Regulation is consolidated to April 30, 2008.