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Newfoundland and Labrador
Regulation 2014


NEWFOUNDLAND AND LABRADOR REGULATION 48/14

NEWFOUNDLAND AND LABRADOR
REGULATION 48/14

Adoption Regulations, 2014
under the
Adoption Act, 2013

(Filed June 25, 2014)

Under the authority of section 73 of the Adoption Act, 2013 I make the following regulations.

Dated at St. John’s, June 3, 2014.

Clyde Jackman
Minister of Child, Youth and Family Services

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

              PART I
LICENSING ADOPTION AGENCY

        3.   Application for a licence

        4.   Educational and employment requirements

        5.   Conditions of a licence

        6.   Application to renew a licence

        7.   Suspension or cancellation of a licence

        8.   Provision of services when adoption  agency ceases operations

        9.   Information to be provided to clients

      10.   Surrender of records after adoption of a child

      11.   Annual report to manager

      12.   Advertising by an adoption agency

      13.   Conflict of interest

              PART II
ADOPTION ASSESSMENT PROGRAM

      14.   Adoption assessment program

              PART III
REPEAL AND COMMENCEMENT

      15.   Repeal

      16.   Commencement


Short title

        1. These regulations may be cited as the Adoption Regulations, 2014.

Definitions

        2. In these regulations

                

             (a)  "Act" means the Adoption Act, 2013; and

             (b)  "adoption agency" means an adoption agency licensed under section 7 of the Act.

PART I
LICENSING ADOPTION AGENCY

Application for a licence

        3. (1) In addition to the requirements in section 7 of the Act, an applicant applying for an adoption agency licence shall

             (a)  provide a certificate of conduct from the Royal Newfoundland Constabulary or a certified criminal record check from the Royal Canadian Mounted Police;

             (b)  provide 3 references;  

             (c)  provide a child, youth and family services records check;

             (d)  provide the name of each person who will perform the adoption functions and duties in the adoption agency together with proof that he or she meets the requirements of section 4;

             (e)  identify the services for which the adoption agency wishes to be licensed;

          (f)  provide a description of the file storage and security arrangements for the adoption agency, including the method to be used to provide backup files in the event of loss;

             (g)  provide proof of insurance coverage for the adoption agency and its employees; and

             (h)  any other documentation or information that a manager considers necessary.

             (2)  Where the applicant is a corporation it shall provide

             (a)  a copy of its articles of incorporation and by-laws;

             (b)  the names and addresses of the directors and officers of the corporation;

             (c)  a certificate of conduct from the Royal Newfoundland Constabulary or a certified criminal record check from the Royal Canadian Mounted Police for each director and officer of the corporation;

             (d)  3 references for each director and officer of the corporation;

             (e)  a child, youth and family services records check for each director and officer of the corporation; and  

             (f)  the documentation and information referred to in paragraphs (1)(d) to (h).

             (3)  In addition to the requirements in subsection (1) or (2), where the applicant proposes to provide intercountry adoption services it shall

             (a)  identify the countries where the services shall be provided; and

             (b)  provide proof of its accreditation in the named countries.

             (4)  A manager may issue a licence to operate an adoption agency where he or she is satisfied that the

             (a)  documentation and information provided in subsections (1) to (3) is satisfactory;

             (b)  applicant is a resident of the province or where the applicant is a corporation, that each of the directors and officers are residents of the province; and

             (c)  applicant will operate the adoption agency in accordance with the Act and these regulations.               

             (5)  A licence issued under this section may contain terms and conditions consistent with the Act and these regulations.

             (6)  A licence issued under this section shall be valid for a period of not more than 3 years from the date of issue.

 

Educational and employment requirements

        4. A person may only be approved to perform adoption functions and duties as required under the Act on behalf of a licensed adoption agency where he or she provides the following documentation to the satisfaction of a manager:

             (a)  a certificate of conduct from the Royal Newfoundland Constabulary or a certified criminal record check from the Royal Canadian Mounted Police;

             (b)  3 references; 

             (c)  a child, youth and family services records check;

             (d)  proof that he or she is registered under the Social Workers Act; and

             (e)  proof that he or she has worked a minimum of 3 years as a registered social worker.

Conditions of a licence

        5. (1) A licence is subject to the following conditions:

             (a)  an adoption agency shall cease operations in another country when requested to do so by the provincial director or a manager;

             (b)  an adoption agency shall only provide those adoption services for which it has a licence;

             (c)  an adoption agency shall promptly notify a manager in writing of an intention to change the services for which the adoption agency is licensed and the change is not valid until it has been approved in writing by that manager; and

             (d)  an adoption agency shall comply with provincial adoption policies and standards.

             (2)  Paragraphs (1)(b) and (c) do not restrict an adoption agency from providing other services unrelated to adoption.

Application to renew a licence

        6. (1) A person who wishes to renew a licence shall, at least 60 days before the expiry date of the licence or a shorter time that is acceptable to a manager, apply to renew the licence, and shall provide

             (a)  a statement confirming that the documentation and information provided under section 3 at the time of the application for a licence, or under this section at the time of the last licence renewal, has not changed or, where there has been a change in the documentation or information, a statement setting out the change;

             (b)  a current certificate of conduct from the Royal Newfoundland Constabulary or a current certified criminal record check from the Royal Canadian Mounted Police;

             (c)  a current child, youth and family services records check; and

             (d)  any additional documentation or information that a manager considers necessary. 

             (2)  A manager may renew a licence where the adoption agency

             (a)  provides the documentation and information in subsection (1); 

             (b)  currently holds a valid licence;

             (c)  is operating in a manner that is in the best interests of the persons who are receiving the adoption services; and

             (d)  has complied with the requirements of the Act, these regulations and the terms and conditions of its licence.

             (3)  A licence renewed under this section may contain terms and conditions consistent with the Act and these regulations.

             (4)  A licence renewed under this section shall be valid for a period of not more than 3 years from the date of expiry of the previously valid licence.

Suspension or cancellation of a licence

        7. (1) A manager may suspend or cancel a licence where

             (a)  the adoption agency is not, in the opinion of the manager, operating in

                      (i)  a manner that is in the best interests of the persons who are receiving the adoption services, or

                     (ii)  accordance with the requirements of the Act, these regulations or the terms and conditions of its licence;

             (b)  a person has made a material false statement in an application for a licence or the renewal of a licence; or

             (c)  another circumstance that, in the opinion of the manager, is a cause for concern respecting the operation of the adoption agency.

             (2)  A manager shall give written notice to an adoption agency of a suspension or cancellation of its licence.

Provision of services when adoption  agency ceases operations

        8. (1) An adoption agency shall immediately surrender its files and records to a manager where its licence is

             (a)  not renewed;

             (b)  suspended; or

             (c)  cancelled.

             (2)  Notwithstanding subsection (1), an adoption agency shall transfer its files and records to another adoption agency where directed by a manager.

             (3)  Where an adoption agency ceases operations, it shall

             (a)  advise a manager in writing that it intends to cease operations;

             (b)  provide for the transfer of files and records to a manager or another adoption agency as directed by a manager; and

             (c)  advise a manager of all situations respecting clients which may require immediate attention and provide a manager with the information necessary to enable him or her to make alternate arrangements for the clients.

Information to be provided to clients

        9. Before providing a service an adoption agency shall advise the client of the

             (a)  process for providing the service, the time involved, the structure of the interviews, the fees to be charged and the method of payment; and

             (b)  advise the client of the adoption agency's arrangements for the security and storage of files.

Surrender of records after adoption of a child

      10. (1) The files and records of an adoption agency respecting a child placed for adoption and supervised by the adoption agency shall be forwarded to a manager within one month after the granting of the adoption order.

             (2)  The files and records of an adoption agency respecting an intercountry adoption which was completed in the child's country of origin shall be forwarded to a manager within one month after the return of the adoptive parents with the child to the province.

             (3)  Notwithstanding subsections (1) and (2), where post adoption services are being provided by an adoption agency after an adoption order is granted, the adoption agency may make a request to a manager to retain a copy of specific information related to the services.

             (4)  Where an adoption agency has retained a copy of specific information under subsection (3), the adoption agency shall return the copy to a manager upon the completion of the post adoption services.

Annual report to manager

      11. An adoption agency shall submit to a manager an annual report respecting its activities, including statistical information and any other information a manager may require.

Advertising by an adoption agency

      12. (1) An adoption agency advertising under the authority of the Act may only advertise in accordance with subsections (2) and (3).

             (2)  The advertising of services provided by an adoption agency and promotional material about an adoption agency shall be truthful and accurate and not be misleading to the public.

             (3)  The advertising or promotional material referred to in subsection (2) shall not

             (a)  identify persons involved in an adoption or a proposed adoption;

             (b)  claim that an adoption agency can guarantee placement of a child for adoption;

             (c)  claim that an adoption agency can provide an expeditious placement of a child for adoption; or

             (d)  claim that the services of one adoption agency are superior to those of another.

Conflict of interest

      13. An adoption agency shall not act for both the prospective adoptive parent and the birth parent or other person having custody of the child who is being adopted.

PART II
ADOPTION ASSESSMENT PROGRAM

Adoption assessment program

      14. A prospective adoptive parent shall complete an adoption assessment program approved by the minister.

PART III
REPEAL AND COMMENCEMENT

Repeal

      15. The Adoption Regulations, Newfoundland and Labrador Regulation 85/05, are repealed.

Commencement

      16. These regulations come into force on June 30, 2014.