Adoption Regulation

Adoption Regulation, M.R. 19/99 The Adoption Act , C.C.S.M. c. A2 Regulation 19/99 Registered February 19, 1999 bilingual version (HTML) Table of Contents Section PART 1 DEFINITIONS AND INTERPRETATION 1 Definitions and interpretation PART 2 ADOPTION SERVICES 2 Who may provide adoption services 3 Requirements for providing adoption services 4 Manner of providing adoption services INFORMATION PROVIDED TO DIRECTOR AND MANDATING AUTHORITY 5 Information provided by child and family services agency to director INFORMATION SERVICES 6 Information for birth parents and prospective adoptive parents SERVICES TO BIRTH PARENTS 7 Counselling services to birth parents 8 Services provided by different persons 9 Services provided by another agency SERVICES RELATING TO CHILDREN TO BE ADOPTED 10 Services re child to be placed for adoption 11 Information provided to the child 12 Entry on central adoption registry 13 Life book SERVICES TO PROSPECTIVE ADOPTIVE PARENTS 14 Agency must accept application 15 Eligibility re Division 1 adoptions 16 Information provided prior to homestudy 17 Homestudy 18 Entry on central adoption registry 19 Homestudy updated if child not placed 20 Subsequent homestudy 21 Copy of homestudy 22 Counselling prior to preparing report for court 23 Information included in report ADOPTION PLACEMENT SERVICES 24 Preplacement visits 25 Placement re special needs child or a cross-cultural adoption 26 Placement re Division 2 – private adoptions 27 Openness agreements SERVICES AFTER PLACEMENT OF CHILD 28 Supervision until order of adoption granted 29 Report to child's country of origin 30 Counselling services after order of adoption 31 Assistance re post-adoption registry EXPENSES, FEES AND DISBURSEMENTS 32 Eligible expenses FEES AND DISBURSEMENTS CHARGEABLE BY AGENCIES 33 Prohibition re charging birth parents 34 Prohibition re soliciting voluntary contributions 35 Fees and disbursements for adoption services WAIVER OR REDUCTION OF AGENCY FEES 36 Application to agency for waiver or reduction 37 Waiver or reduction of fees 38 Waiver of fees and disbursements re permanent ward adoptions 39 Waiver of fees re Divisions 1, 2, 4, 5 and 6 adoptions 40 Waiver or reduction re Division 3 adoptions 41 Calculating reduction of fees ADDITIONAL FEES AND DISBURSEMENTS 42 Additional fees and disbursements payable by a prospective adoptive parent 43 Statement of account 44 Payment of fees PART 3 QUALIFICATIONS OF AGENCY STAFF 45 Adoption agencies 46 Child and family services agencies PART 4 ADOPTION RECORDS 47 Records for adoption services 48 Closed adoption records 49 Security safeguards 50 Adoption records destroyed PART 5 ADVERTISING 51 Approval of advertisement from an individual 52 Advertising by agency 53 Advertising for an adoptive parent 54 Advertising related to fund raising PART 6 FORMS 55 Forms PART 7 REPEAL, REVIEW AND COMING INTO FORCE 56 Repeal of Forms in Manitoba Regulation 57/86 57 Review 58 Coming into force Schedule A Fees and disbursements B Forms PART 1 DEFINITIONS AND INTERPRETATION Definitions 1(1) In this regulation, "Act" means The Adoption Act ; («  Loi  ») "adoption record" means a record whether made before or after the coming into force of this Act, relating to the granting of an order of adoption that is in the custody or under the control of (a) the director, (a.1) an authority, (b) a child and family services agency, or (c) an adoption agency; (« document d'adoption ») "adoption services" means those services with respect to an adoption provided by an agency as set out in the Act or this regulation; (« services d'adoption ») "agency" means a child and family services agency or an adoption agency, as the case may be; (« agence ») "authority" means a child and family services authority established under The Child and Family Services Authorities Act ; (« régie ») "child abuse registry check" means a record about a person from the child abuse registry obtained under The Child and Family Services Act ; (« relevé des mauvais traitements ») "criminal record check" means a record obtained from a law enforcement agency about a person stating whether or not the person has any conviction or has any outstanding charge awaiting court disposition under any federal or provincial enactment; (« relevé des antécédents judiciaires ») "cross-cultural adoption" means an adoption where a child is placed with or adopted by a person of a different culture or race than the child; (« adoption interculturelle ») "prior contact check" means a record about a person referred to in clause 17(1)⁠(i). (« relevé des contacts antérieurs ») Reference to "Division" 1(2) In this regulation, a reference to a Division is a reference to a Division of Part 3 (Categories of Adoptions) of the Act. Reference to birth parent 1(3) In this regulation, "birth parent" includes a guardian who is entitled to surrender guardianship of a child to an agency under clause 16(1)⁠(c) of The Child and Family Services Act . Reference to "mandating authority" 1(4) In this regulation, in relation to a child and family services agency, a reference to the "mandating authority" means the authority that has mandated, or is deemed to have mandated, that child and family services agency under Part I of The Child and Family Services Act . M.R. 202/2001 ; 182/2003 PART 2 ADOPTION SERVICES Who may provide adoption services 2 Adoption services shall be provided only by a child and family services agency or by an adoption agency. Requirements for providing adoption services 3 An agency shall provide adoption services in accordance with (a) the provisions of the Act, the regulations and the standards of services, practices and procedures established by the director under the Act; and (b) where applicable, The Intercountry Adoption (Hague Convention) Act and the regulations under that Act. Manner of providing adoption services 4 Adoption services shall be delivered in a manner that ensures independence of advice and avoids coercion. INFORMATION PROVIDED TO DIRECTOR AND MANDATING AUTHORITY Information provided by child and family services agency to director 5(1) A child and family services agency shall (a) give the director a copy of (i) each voluntary surrender of guardianship or a withdrawal of a voluntary surrender of guardianship that the agency receives under section 16 of The Child and Family Services Act , and (ii) each order of adoption for which the agency has provided a report to the court under Division 5 or 6; (b) notify the director of the circumstances of (i) each adoption placement involving a person who gave or received, offered to give or receive, or agreed to give or receive any payment or reward in consideration of an adoption, as set out in subsection 120(1) of the Act, and (ii) each adoption disruption, where the child leaves the care of the prospective adoptive parent before an order of adoption is granted; and (c) notify the director, in the form and manner that the director requires, of (i) each withdrawal of consent received under section 22 of the Act, and (ii) each adoption placement made under Division 1, 2, or 3. Information provided to mandating authority 5(1.1) A child and family services agency shall, in the form and manner required by the director, (a) notify its mandating authority of the disposition of every adoption application under Division 1, 2 or 3, and the results of each homestudy conducted by the agency; and (b) give its mandating authority any copies or information that it gives the director about (i) each voluntary surrender of guardianship or withdrawal of voluntary surrender of guardianship referred to in subclause 5(1)⁠(a)⁠(i), (ii) an adoption disruption referred to in subclause 5(1)⁠(b)⁠(ii), or (iii) an adoption placement under Division 1, 2, or 3 referred to in subclause 5(1)⁠(c)⁠(ii). Information provided by adoption agencies 5(1.2) An adoption agency shall (a) give the director a copy of each order of adoption for which the agency has provided a report to the court under Division 5 or 6; (b) notify the director of the circumstances of each (i) adoption placement involving a person who gave or received, offered to give or receive, or agreed to give or receive any payment or reward in consideration of an adoption, as set out in subsection 120(1) of the Act, or (ii) adoption disruption, where the child leaves the care of the prospective adoptive parent before an order of adoption is granted; and (c) notify the director, in the form and manner that the director requires, of (i) each withdrawal of consent received under section 22 of the Act, (ii) the disposition of each adoption application made under Division 2 or 3 and the results of a each homestudy conducted by the agency, and (iii) each adoption placement made under Division 2 or 3. Copies of homestudies and reports to director 5(2) An agency shall provide the director with a copy of each homestudy or report to court prepared on behalf of the agency. Copies of statements of account to director 5(3) An adoption agency shall provide the director with a copy of the documents referred to in section 43. M.R. 182/2003 INFORMATION SERVICES Information for birth parents and prospective adoptive parents 6 An agency shall provide the following information to birth parents and prospective adoptive parents: (a) the effects of an adoption, including (i) the role of the court in granting an order of adoption, (ii) the status of an adopted child under section 31 of the Act, and (iii) the provisions of the Indian Act (Canada) which may be relevant to an adopted child; (b) the categories of adoption available under the Act; (c) the requirement for notice to a birth father under section 26 of the Act; (d) the consents to an adoption required under the Act; (e) the provisions regarding withdrawal of a consent to an adoption under section 13 of the Act or the withdrawal of a voluntary surrender of guardianship under section 16 of The Child and Family Services Act , and the action to occur as a result of a withdrawal; (f) the provisions for an openness agreement under section 33 of the Act, including the availability of assistance from the agency in negotiating an openness agreement; (g) information regarding (i) the separation and loss issues for birth parents, adoptive parents and adoptees, and (ii) the separation and loss issues that may result from cross-cultural or intercountry adoptions, if applicable; (h) the confidentiality and disclosure provisions under Part 4 of the Act; (h.1) the provisions under Part 4 of the Act (i) allowing a birth parent registered on a pre-adoption birth registration to apply for a copy of their adult child's pre-adoption birth registration and substituted registration of birth, and (ii) allowing an adult adoptee to apply for their pre-adoption birth registration or birth information; (i) information regarding the post-adoption registry, including the effect of a contact preference, and the assistance available to a person from the agency in registering on the post-adoption registry; (j) the availability of post-placement support services from agencies or community-based service providers. M.R. 72/2015 SERVICES TO BIRTH PARENTS Counselling services to birth parents 7 An agency shall provide counselling to a birth parent which includes the following: (a) information about the options available to a birth parent; (b) informing the birth parent of the right to independent legal advice; (c) information about eligible expenses which are permitted under section 120 of the Act and set out in section 32 of this regulation; (d) offering the birth parent a referral to a culturally appropriate agency or organization if a cross-cultural adoption is being considered; (e) assistance in identifying the characteristics of an adoptive family which would be acceptable to or preferred by the birth parent. M.R. 86/2024 Services provided by different persons 8 Adoption services provided to a birth parent under Division 2 shall, until the end of the 21-day period referred to in section 22 of the Act, be provided by a person who is not the same person who provides services to the prospective adoptive parent, unless the birth parent has already chosen the prospective adoptive parent before contacting the agency. Services provided by another agency 9(1) Subject to subsection (2), an agency shall, at the request of another agency, provide adoption services to a birth parent residing in the area in which the agency has jurisdiction, where (a) because of distance, readily accessible adoption services cannot be provided to the birth parent by the agency making the request for service; or (b) the birth parent has requested that adoption services be provided by another agency. Services re voluntary surrender of guardianship 9(2) Adoption services provided to a birth parent who intends to sign a voluntary surrender of guardianship shall be provided only by a child and family services agency. SERVICES RELATING TO CHILDREN TO BE ADOPTED Services re child to be placed for adoption 10(1) An agency shall, with respect to a child to be placed for adoption, in the form and manner required by the director, obtain as much information about the following as is possible having regard to the age and circumstances of the child: (a) the medical and social history of the child and the child's birth family; (b) the child's developmental and placement history; (c) the child's educational and social activities and interpersonal relationships; (d) the child's needs; (e) the reason for adoption planning. Birth parents review information 10(2) The agency providing adoption services to the birth parent shall provide the birth parent with an opportunity to review, amend or add to the information referred to in subsection (1) except where the child to be placed for adoption has become a permanent ward of a child and family services agency, in which case the agency that is the child's guardian may, at its discretion, provide the birth parent with an opportunity to do so. Information to director 10(3) The agency shall give the director a copy of the information referred to in subsection (1) and any other reports in the agency's possession regarding the child's physical, medical, emotional or developmental health. Information provided to the child 11 An agency shall provide the information services set out in section 6 to a child to be adopted who is 12 years of age or older, or to a child less than 12 years of age if in the opinion of the agency it is appropriate and feasible to do so. Entry on central adoption registry 12 With respect to the adoption of a child under Division 1, an agency shall provide the director with information about the child, in the form and manner required by the director, for entry on the central adoption registry. Life book 13(1) For a child who has lived with a birth parent, a member of his or her extended family or another caregiver prior to being placed for adoption, an agency shall ensure that a record of the child's life is prepared for the child which includes as much of the following as can be obtained: (a) information about the child's birth, where and with whom the child has lived, and the reasons for adoption planning; (b) information about the child's behaviour and his or her understanding and acceptance of the adoption process; (c) pictures of the child at significant developmental stages. Life book given to the child 13(2) The agency shall preserve the record referred to in subsection (1) for the child and (a) where appropriate, make it available to the child during the adoption placement process; and (b) ensure that the record accompanies the child at the time of an adoption placement. SERVICES TO PROSPECTIVE ADOPTIVE PARENTS Adoptions under Divisions 1, 2 and 3 Agency must accept application 14(1) An agency shall accept an adoption application from an adult who resides within the jurisdiction of the agency and who does not have an active application relating to the same category of adoption with another agency. Services provided by another agency 14(2) With respect to an adoption under Division 2 or 3, an agency shall, at the request of another agency, provide adoption services to a prospective adoptive parent residing in the area in which the agency has jurisdiction, and clauses 9(1)⁠(a) and (b) apply with necessary modifications. Eligibility re Division 1 adoptions 15 Where a person applies to adopt a permanent ward under Division 1, the agency shall determine whether the person is eligible to adopt in accordance with section 36 of the Act. Information provided prior to homestudy 16 Before proceeding with a homestudy under Division 1, 2 or 3, an agency shall provide information to the prospective adoptive parent about the following: (a) the purpose of the homestudy, the anticipated time involved in completing the homestudy and the structure of the interviews; (b) the fees and disbursements to be charged, the method of payment of fees and disbursements and the criteria for a waiver or reduction of fees; (c) eligible expenses which are permitted under section 120 of the Act and set out in section 32 of this regulation; (d) that the primary concern in the preparation of a homestudy as to recommending or not recommending the adoption is the best interests of the child; (e) that approval of the applicant as a prospective adoptive parent following completion of a homestudy does not guarantee that a child will be placed with the applicant for adoption; (f) that a change in marital status or another significant change in the applicant's circumstances may affect the application for adoption; (g) the policies respecting the transfer of applications between agencies; (h) the standards of service, the practices and procedures established by the director and the authority for a cross-cultural adoption under Division 1; (i) for an adoption under Division 1, the provisions of the Financial Assistance for Adoption of Permanent Wards Regulation , Manitoba Regulation 21/99; (j) the agency's process for approval of a homestudy; (k) the requirement that for an adoption under (i) Division 1, or (ii) Division 3 where the order of adoption will be granted in Manitoba and not in the child's country of origin, adoption services may be provided only by the child and family services agency with jurisdiction in the area in which the prospective adoptive parent resides; (l) the process of approval for an adoption placement of a child under Division 2; (m) the agency's process available to an applicant whom the agency determines is not suitable or not capable or whose adoption placement has not been approved by the agency, and the applicant's right to request a review under section 40 or 61 of the Act. M.R. 182/2003 Homestudy 17(1) A homestudy of the prospective adoptive parent respecting his or her suitability, capability and willingness to assume the responsibilities of a parent to a child shall be prepared by a social worker on behalf of an agency and shall include the following information: (a) biographical data for each prospective adoptive parent, member of the immediate family and the persons living with the applicant; (b) past and present relationships between the prospective adoptive parent and members of his or her immediate and extended families, including any children from a previous relationship; (c) past and present marital or equally significant relationships of the prospective adoptive parent; (d) the parenting received by the prospective adoptive parent, the parenting provided to his or her children and the expectations of the prospective adoptive parent in relation to the proposed adoption; (e) the prospective adoptive parent's knowledge of and experience with adoption issues including issues of attachment, separation and loss; (f) the prospective adoptive parent's knowledge of child development, and the effects of child abuse, separation and loss on child development and behaviour; (g) the developmental, social and behavioural progress of any other child of the prospective adoptive parent that relates to that child's ability to understand and accept an adopted child joining the family; (h) the results of a medical report from a health care provider attesting to the prospective adoptive parent's mental and physical health; (i) the results of a child abuse registry check, a criminal record check and a prior contact check which checks must be (i) obtained for the prospective adoptive parent and any other adult residing with the prospective adoptive parent, and (ii) dated within three months of the date of commencement of the homestudy; (j) a summary of the references from four persons attesting to the prospective adoptive parent's ability to protect, nurture and care for a child; (k) how the prospective adoptive parent's reasons for adopting a child might affect his or her ability to meet the needs of the child; (l) the prospective adoptive parent's ability to parent a child with special needs, a child from another culture or race, or a child from another country, if applicable; (m) the stability and security of the prospective adoptive parent, including the effect of adding a child to the family by adoption; (n) the prospective adoptive parent's lifestyle, including involvement in neighbourhood, leisure and social activities; (o) a description of the prospective adoptive parent's home and community; (p) a description of the child requested by the prospective adoptive parent, any changes in the request since the time of application and a description of the child who may be placed with the prospective adoptive parent; (q) the prospective adoptive parent's wishes respecting an openness agreement and a contact preference; (q.1) the prospective adoptive parent's understanding and acceptance of openness of birth records and records relating to adoptions as set out in Part 4 of the Act; (r) an evaluation as to whether or not the prospective adoptive parent is suitable, capable and willing to assume the responsibilities of a parent to a child and a recommendation as to whether or not the prospective adoptive parent should be approved by the agency for the placement of a child; (s) any other factors that are relevant to the best interests of the child. Prior contact check 17(1.1) Reasonable efforts must be made to obtain the prior contact checks referred to in clause (1)⁠(i), as follows: (a) for the prospective adoptive parent and any other adult residing with the prospective adoptive parent, from each child and family services agency for each area where the person has resided for the last five years, or for such longer period as considered reasonably necessary, in order to determine if the person has been the subject of a child protection investigation; (b) for the prospective adoptive parent, from each agency and from each entity outside Manitoba that performs substantially the same functions as an agency, for each area where the person has resided for the last five years, or for such longer period as is considered appropriate, in order to determine if the prospective adoptive parent had previously applied to adopt a child. Educational component of homestudy 17(2) In addition to the requirements of subsection (1), a homestudy of the prospective adoptive parent shall include an educational component that prepares the prospective adoptive parent for all of the following: (a) separation and loss issues respecting the birth parent, the prospective adoptive parent and the child to be adopted; (b) the difference between adoptive and biological parenting; (c) adoption as a life-long process and how it affects child and adult development; (d) the impact of the child's life experiences; (e) if applicable, cross-cultural adoption. Special needs child 17(3) If the prospective adoptive parent has applied to adopt a child with special needs, the educational component under subsection (2) must address the specific issues related to the special needs of the child. Form of homestudy 17(4) The homestudy must be in the form required by the director and must include the information referred to in subsection (1) and confirmation that the educational component under subsection (2) has been completed. M.R. 202/2001 ; 72/2015 Entry on central adoption registry 18 If, with respect to an adoption under Division 1 or subsection 71(1) of the Act the agency determines that a prospective adoptive parent is suitable and capable of being an adoptive parent, it shall forward to the director, in the form and manner required by the director, the name of the prospective adoptive parent and a summary of the homestudy for entry on the central adoption registry. Homestudy updated if child not placed 19(1) Where a prospective adoptive parent has been approved for the placement of a child and no child has been placed with the person, the agency shall provide a written report updating the information required in the homestudy under subsection 17(1) (a) on an annual basis; or (b) more frequently (i) if there are significant changes to the applicant's health, income, employment, residence or another significant circumstance, or (ii) at the request of the director and if the agency is a child and family services agency, also at the mandating authority's request. Checks updated every year 19(2) Until a child is placed for adoption with a prospective adoptive parent, the agency shall request that the child abuse registry check, the criminal record check and the prior contact check referred to in clause 17(1)⁠(i) be done annually, dated within 12 months of the date of the previous check. M.R. 182/2003 Subsequent homestudy if a child was not adopted 20(1) Where a homestudy was previously completed by an agency for a prospective adoptive parent and (a) the person was not approved for the placement of a child; or (b) the person was approved for the placement of a child but did not proceed with an adoption; the subsequent homestudy shall include (c) the information required under subsection 17(1), setting out any significant change in the information or any additional information since the previous homestudy; and (d) the reason why the previous homestudy of the prospective adoptive parent was not approved after the completion of the previous homestudy, or why the prospective adoptive parent did not proceed with an adoption, as the case may be. Subsequent homestudy if a child was adopted 20(2) Where a homestudy was previously completed by an agency for a prospective adoptive parent and a child was adopted, the subsequent homestudy shall include (a) the information required under clause 17(1)⁠(a) and clauses 17(1)⁠(h) to (s), setting out any significant change in the information or any additional information since the previous homestudy; and (b) an assessment of any previous adoption by the prospective adoptive parent which includes (i) the effect of the adoption on the person's marital or equally significant relationship, (ii) the acceptance of the adopted child by members of the immediate and extended adoptive family, and (iii) the mental and emotional development of the adopted child. Copy of homestudy 21 The agency shall provide a copy of a completed homestudy or a subsequent homestudy to the prospective adoptive parent in accordance with section 38, 58 or 72 of the Act, as the case may be. Adoptions under Divisions 4, 5 and 6 Counselling prior to preparing report for court 22 Before preparing a report for court under Division 4, 5 or 6, an agency shall advise a prospective adoptive parent of the following: (a) the purpose of the report, the anticipated time involved in completing the report and the structure of the interviews; (b) the fees and disbursements to be charged, the method of payment of the fees and disbursements and the criteria for a waiver or reduction of fees; (c) eligible expenses which are permitted under section 120 of the Act and as set out in section 32 of this regulation; (d) that the primary concern in the report for court as to recommending or not recommending the adoption is the best interests of the child; (e) that a copy of the report to court may only be searched or obtained in accordance with subsection 102(1) of the Act. Information included in report 23 A report to court shall include (a) as much information as possible about the medical and social history of the child and the child's birth family, the child's developmental and placement history, the child's educational and social activities and interpersonal relationships; (b) information regarding the prospective adoptive parent as set out in clauses 17(1)⁠(a) to (o) and 17(1)⁠(q) and (s); (c) the circumstances of the child's placement with the prospective adoptive parent and whether or not the circumstances meet the requirements for the category of adoption under which the application is made; and (d) the recommendation of the social worker doing the assessment and report, and the agency's approval of the recommendation. ADOPTION PLACEMENT SERVICES Preplacement visits 24 An agency shall arrange one or more preplacement meetings between a child to be adopted, the child's caregiver and a prospective adoptive parent where (a) the child is one month of age or older; or (b) if the child is less than one month of age and either the child or the prospective adoptive parent needs the opportunity to become familiar with the other prior to an adoption placement. Placement re special needs child or a cross-cultural adoption 25 An agency shall give particular attention to an adoption placement (a) of a child with identified health, emotional, behavioural or other special needs to ensure that the child is placed with adoptive parents who, because of their willingness and ability have been recommended for placement of a child with the specific needs of the child for whom adoption is planned; and (b) of a child for whom a cross-cultural adoption placement is planned to ensure that the child is placed with adoptive parents who, because of their willingness and ability have been recommended for placement of a child of another race or culture. Placement re Division 2 – private adoptions 26 With respect to an adoption under Division 2, an agency shall do the following: (a) if the birth parent has not chosen the prospective adoptive parent at the time of requesting service from an agency, the agency shall refer to the birth parent for consideration as a prospective adoptive parent, at least three prospective adoptive parents who have been approved by an agency under clause 56(c) of the Act and who, in the opinion of the agency can meet the needs of the child; (b) attempt to obtain a culturally appropriate adoption placement for a child with a prospective adoptive parent approved by the agency under clause 56(c) of the Act, or contact the director to locate a culturally appropriate placement with a prospective adoptive parent approved by another agency, unless the birth parent refuses to consider this type of placement; (c) if the birth parent has chosen a prospective adoptive parent for the child, interview any person who assisted with the proposed adoption to determine the role played by that person and whether or not the person was paid for his or her services. Openness agreements 27 With the consent of the adoptive parent or the prospective adoptive parent, an agency shall facilitate the making of an openness agreement under section 33 of the Act. SERVICES AFTER PLACEMENT OF CHILD Supervision until order of adoption granted 28 Following placement of a child for adoption under Division 1, 2 or 3, an agency shall (a) supervise the placement in accordance with the standards of service established by the director until the order of adoption is granted by a court; and (b) provide any documentation in the agency's possession or control required by the court to grant the order of adoption. Report to child's country of origin 29 At the request of a child's country of origin, an agency may provide a report to that country after an order of adoption is granted, with the consent of the adoptive parent of the child. Counselling services after order of adoption 30 During the six-month period immediately following the granting of an order of adoption, an agency shall, upon request, provide reasonable counselling to a birth parent, an adult birth sibling of an adoptee, an adoptive parent or an adult adoptee, without charging a fee. Assistance re post-adoption registry 31 At the request of a person eligible to register on the post-adoption registry, an agency shall without charging a fee, assist the person (a) in registering on the post-adoption registry; (b) in obtaining non-identifying information about the other parties to the adoption in accordance with subsection 104(2) of the Act; and (c) where applicable, in applying for a pre-adoption birth registration document, birth information or a substituted registration of birth document, as the case may be. M.R. 72/2015 EXPENSES, FEES AND DISBURSEMENTS Eligible expenses 32 For the purpose of clause 120(2)⁠(a) of the Act, a prospective adoptive parent may pay the following expenses: (a) the cost of goods or services recommended by a duly qualified medical practitioner or a psychologist, subject to the approval of the director, if the goods or services are not covered under insurance or a governmental program and are (i) for a child who is the subject of the adoption, or (ii) for the birth mother in connection with the pregnancy or birth; (b) lawyer's fees and disbursements (i) for independent legal advice for a person required to consent to an adoption under section 13 of the Act, (ii) for completing a prescribed form, (iii) for completing an affidavit in support of the granting of an order of adoption, and (iv) for representing a litigation guardian who is acting on behalf of a minor birth parent where the birth parent supports the granting of an order of adoption; (c) other expenses approved by the director relating to the health or safety of the child or birth parent. FEES AND DISBURSEMENTS CHARGEABLE BY AGENCIES Prohibition re charging birth parent 33(1) Subject to subsection (2), an agency shall not charge a birth parent (a) a fee or a disbursement for providing an adoption service; or (b) for an expense referred to in section 42; whether or not an order of adoption results from the provision of the adoption service. Fee re counselling 33(2) An agency may charge a fee to a birth parent, an adult birth sibling of an adoptee, an adoptive parent or an adult adoptee for counselling that commences more than six months after an order of adoption has been granted, in accordance with item 24 of Part 1 of Schedule A. M.R. 69/2012 Prohibition re soliciting voluntary contributions 34 An agency shall not solicit voluntary contributions of money from a prospective adoptive parent, an adoptive parent, a birth parent or a guardian (a) at any time before the granting of an order of adoption; or (b) for six months after the granting of an order of adoption. Fees and disbursements for adoption services 35(1) Subject to this regulation, whether or not an order of adoption results from the provision of adoption services, an agency may charge a prospective adoptive parent or an adoptive parent fees and disbursements for adoption services the agency provided to that person or to a birth parent, guardian or the child with respect to the same adoption. Maximum fees and disbursements agencies may charge 35(2) An agency may charge a prospective adoptive parent or an adoptive parent (a) a fee for an adoption service that is described in Column 1 of Part 1 of Schedule A up to the maximum amount set opposite that item in Column 2; and (b) disbursements to recover expenses in accordance with Part 1 of Schedule A that relate to the provision of an adoption service referred to in clause (a). Fees greater than maximum fees prohibited 35(3) An agency shall not charge a fee for an adoption service that is greater than the maximum amount for that adoption service as set out in Part 1 of Schedule A. 35(3.1) [Repealed] M.R. 93/2021 No fee allowed if service not on Schedule A 35(4) Where an adoption service is not set out in Part 1 of Schedule A, an agency shall not charge any fee or disbursement that relates to that adoption service. Fees chargeable only by adoption agencies 35(5) A child and family services agency shall not charge the following fees: (a) a fee for providing counselling to a birth parent as set out in item 6 of Part 1 of Schedule A; (b) a fee for preparing a child's social history, as set out in item 7 of Part 1 of Schedule A. M.R. 69/2012 ; 93/2021 WAIVER OR REDUCTION OF AGENCY FEES Application to agency for waiver or reduction 36(1) A person who is to be charged a fee may, prior to the provision of the adoption service to which the fee relates, apply to the agency for a waiver or a reduction of the fee. Form AA-7 required 36(2) A person applying for a waiver or reduction of a fee shall complete the Declaration of Family Income Form set out as Form AA-7 in Schedule B unless the application relates to a waiver of a fee with respect to the adoption of a permanent ward referred to in section 38. Waiver or reduction of fees 37 An agency shall not charge a person (a) any fee that relates to an adoption service where the person is entitled under this regulation to a waiver of the fee; and (b) more than the amount calculated in accordance with this regulation when the person is entitled to a reduction in the amount of the fee. Waiver of fees and disbursements re permanent ward adoptions 38 No fees and disbursements are chargeable by an agency with respect to an adoption under Division 1, where the child to be adopted is a permanent ward in the care of the director or a child and family services agency in Manitoba and (a) has a physical or mental condition; (b) is a sibling and should be placed together with his or her siblings, either jointly or successively in an adoption placement; or (c) is aged two years or more. Waiver of fees re Divisions 1, 2, 4, 5 and 6 adoptions 39 No fees are chargeable by an agency with respect to an adoption under Division 1, 2, 4, 5 or 6 where the person to be charged the fee is (a) in receipt of income assistance, general assistance or municipal assistance under The Manitoba Assistance Act or disability support under The Disability Support Act ; or (b) in receipt of income assistance under a program of the Government of Canada or another jurisdiction outside Manitoba other than an insurance benefit program or a loan program. M.R. 86/2024 Waiver or reduction re Division 3 adoptions 40 An agency may with respect to an adoption under Division 3, at its discretion, (a) waive the fees otherwise chargeable to a prospective adoptive parent or an adoptive parent as referred to in items 11 to 21 of Part 1 of Schedule A; or (b) may reduce the fees in accordance with this regulation. M.R. 69/2012 Calculating reduction of fees 41(1) Where a person applies for a reduction in the amount of a fee, the agency shall determine if the person is eligible for a reduction and the amount of any reduction in accordance with this regulation. Amount of reduction 41(2) The amount of a reduction in a fee shall be determined in accordance with Part 2 of Schedule A. ADDITIONAL FEES AND DISBURSEMENTS Additional fees and disbursements payable by a prospective adoptive parent 42(1) In addition to the fees and disbursements referred to in sections 35 to 41, a prospective adoptive parent shall pay the following: (a) for adoptions under Division 3, (i) fees resulting from the requirements of the child's country of origin in relation to the adoption and the actual cost of disbursements, including preparation of documentation as required by the child's country of origin, (ii) a program maintenance fee for ongoing maintenance of an agency's operation of an adoption program in the child's country of origin, and (iii) a file maintenance fee for ongoing administrative services provided by the adoption agency, payable (A) until a prospective adoptive parent accepts the referral of a child for adoption, or (B) for a period of three years, whichever occurs first; (b) any fees assessed by a court in relation to filing documents in the court with respect to the granting of the order of adoption; (c) the cost of medical reports and documents required in support of an application for adoption; (d) the cost of a criminal record check, a child abuse registry check and a prior contact check required for a homestudy or a report to court; (e) with respect to an adoption placement, the cost of transportation for the child to be adopted and an escort for the child. No waiver or reduction applicable 42(2) No waiver or reduction of fees, disbursements or expenses applies with respect to fees or costs referred to in subsection (1). M.R. 69/2012 Statement of account 43 An agency shall provide the person being charged a fee, disbursement or expense with (a) a statement of any eligible expenses referred to in section 32; (b) an itemized account of all fees and disbursements charged by the agency relating to the provision of adoption services; (c) a statement of additional fees and disbursements payable under clause 42(1)⁠(a); and (d) the details of any waiver or reduction of fees. Payment of fees 44 The payment of any fees, disbursements or expenses allowed under the Act or this regulation does not constitute a commitment by the birth parent or guardian to the placement of the child with the prospective adoptive parent who pays the fees, disbursements or expenses. PART 3 QUALIFICATIONS OF AGENCY STAFF Adoption agencies 45 An adoption agency shall ensure that a person who provides adoption services for or on behalf of the adoption agency, whether as an employee or on a contract basis, meets the same qualifications with respect to education and experience as met by an employee of a child and family services agency who performs similar duties. Child and family services agencies 46 A child and family services agency shall ensure that a person who provides adoption services for or on behalf of the agency on a contract basis meets the same qualifications with respect to education and experience as met by an employee of the child and family services agency. PART 4 ADOPTION RECORDS Records for adoption services re Division 1 or 2 47(1) With respect to an adoption under Division 1 or 2, an agency shall create a separate adoption record for a request for adoption services received from a birth parent or a prospective adoptive parent. Exception re Division 2 adoption services 47(2) If the birth parent and the prospective adoptive parent are known to each other and jointly request adoption services from an agency one adoption record may be created with respect to an adoption under Division 2. One record for adoption services re Division 3, 4, 5 or 6 47(3) With respect to an adoption under Division 3, 4, 5 or 6, an agency shall create one adoption record for adoption services provided to the birth parent, the child to be adopted and the prospective adoptive parent. M.R. 78/2000 Closed adoption records 48 An agency shall ensure that (a) on completion of adoption services for a person the adoption record is closed; and (b) the closed adoption record is maintained in a secure manner separate from adoption records that are not closed. Security safeguards 49 An agency shall, subject to the Act and any standards established by the director, ensure that the information in an adoption record is protected by the agency using reasonable administrative, technical and physical safeguards that ensure the confidentiality, security, accuracy and integrity of the information. Adoption records maintained 50(1) An agency shall maintain an adoption record unless permission is given by the director to destroy the record. Destruction of adoption records 50(2) The director shall not give permission to destroy an adoption record unless (a) the record is microfilmed; and (b) at least six years have passed since the later of (i) the date the adoption record was closed, and (ii) the date the agency receives notice in writing of a claim in respect of the record. Destruction of agency records 50(3) An agency shall ensure that an adoption record is destroyed (a) in accordance with procedures established by the director; and (b) in a manner that protects the privacy of the person to whom the record relates. Record of destruction 50(4) An agency that destroys an agency record shall keep a record of (a) the person whose record is destroyed and the time period to which the record relates; and (b) the method of destruction and the person responsible for supervising the destruction. PART 5 ADVERTISING Approval of advertisement from an individual 51 The director may approve an advertisement dealing with the placement or adoption of a child, prior to the publication of the advertisement, on the following basis: (a) the advertisement is submitted for publication by a prospective adoptive parent or a birth parent but not by an agency, individual or organization on behalf of a prospective adoptive parent or birth parent; (b) the advertisement includes only a general description of the family of the prospective adoptive parent; (c) the advertisement includes only the age, sex and health of the child to be placed or the age and health of the birth parents of a child for whom adoption is planned; (d) the advertisement does not include any mention of (i) a payment or inducement to the birth parent, (ii) the economic status of the prospective adoptive parent, or (iii) the involvement of or support from a third party. Advertising by agency 52(1) An agency advertising under the authority of the Act may advertise only in accordance with subsections (2) and (3). Advertising to be truthful 52(2) The advertising of adoption services provided by an agency and promotional material about an agency shall be truthful and accurate and not be misleading to the public. Contents of advertising 52(3) The advertising or promotional material referred to in subsection (2) shall not (a) identify any parties to an adoption or a proposed adoption; (b) claim that a particular agency can guarantee an adoption placement of a child with a prospective adoptive parent; (c) claim that an agency can assure an expeditious placement; or (d) make any comparison with the adoption services offered by another agency; Advertising for an adoptive parent 53(1) An agency may, in exceptional situations, request approval to advertise in an attempt to secure a suitable adoptive parent for a specific child. Obtaining approval 53(2) An adoption agency must obtain the director's approval to advertise under subsection (1), and a child and family services agency must obtain its mandating authority's approval. M.R. 182/2003 Advertising related to fund raising 54 The use of advertising or promotional material related to fund raising by an agency shall respect the dignity and sensitivity of those on whose behalf the fund raising is being conducted. PART 6 FORMS Forms 55 The Forms set out in Schedule B are prescribed for use under the Act. PART 7 REPEAL, REVIEW AND COMING INTO FORCE Repeal of Forms in Manitoba Regulation 57/86 56 Forms 26 to 38 in the Schedule to the Child and Family Services Forms Regulation , Manitoba Regulation 57/86 are repealed. Review 57 Not later than June 15, 2015, the minister shall (a) review the operation of this regulation, including the fees and disbursements chargeable by agencies for adoption services; (b) as part of the review, consult with persons affected by the regulation as the minister considers appropriate;

and (c) if the minister considers it advisable, recommend to the Lieutenant Governor in Council that the regulation be amended or repealed. M.R. 107/2010 ; 69/2012 Coming into force 58 This regulation comes into force on March 15, 1999. SCHEDULE A FEES AND DISBURSEMENTS PART 1 FEES AND DISBURSEMENTS AGENCIES MAY CHARGE FEES Column 1 Adoption Service (reference to section of regulation) Column 2 Maximum Fee Chargeable ADOPTIONS UNDER DIVISION 1 (PERMANENT WARD ADOPTIONS) AND DIVISION 2 (PRIVATE ADOPTIONS) 1 Each application and initial information (sections 6 and 14) (a) Division 1 adoption DISBURSEMENTS 1 An agency may charge only for the following expenses incurred in providing an adoption service: (a) travel expenses; (b) incidental expenses incurred while travelling; (c) meal expenses. 2 Reimbursement for the expenses referred to in section 1 shall be in accordance with the policy applicable to Manitoba government employees as set out in the General Manual of Administration published by the Treasury Board except (a) reimbursement for using a privately-owned vehicle shall only be allowed if the distance travelled is 40 km or more; and (b) in calculating the distance travelled when using a privately-owned vehicle the distance to be used shall be the shorter distance of (i) the person's residence and the address of service delivery, and (ii) the address of the agency and the address of service delivery. M.R. 93/2021 PART 2 REDUCTION OF AGENCY FEES Basic Requirements 1 In calculating the amount of a reduction of a fee for an adoption service set out in Part 1 of this Schedule that is to be charged to a person, an agency shall determine the amount of the fee based on the person's Total Adjusted Annual Family Income as set out on Form AA-7 and the provisions of this Part. 2 In determining family size on the Table of Basic Exemption Levels, the child to be placed for adoption shall not be included. 3 As shown on the Table of Basic Exemption Levels, the basic exemption level remains the same (a) for one or two members in the family; and (b) for 7 or more members in the family. 4 If the application of the Calculation Formula results in a fee that is less than 5% of the fee chargeable by the agency for that adoption service, the amount of the fee charged to the person shall be 5% of the fee chargeable by the agency for that service. 5 If the application of the Calculation Formula results in a higher fee than is chargeable by an agency the maximum amount of the fee set by the agency shall be charged for the adoption service. 6 The service fee rate is obtained by dividing the fee chargeable by the agency for an adoption service by 39,000. Calculation Formula Step 1: Subtract the applicable amount of the basic exemption level of family income as set out in the Table below from the Total Adjusted Annual Family Income as determined in Form AA-7. TABLE OF BASIC EXEMPTION LEVELS Family Size (not including childto be adopted) Basic Exemption Level 1 or 2 $20,920 3 22,345 4 23,770 5 25,195 6 26,620 7 or more 28,045 Step 2: If the Total Adjusted Annual Family Income is equal to or less than the amount of the applicable basic exemption level of family income, then no fees are to be charged for an adoption service. Step 3: If the Total Adjusted Annual Family Income level is more than the amount of the applicable basic exemption level of family income, multiply the difference between these two amounts by the service fee rate to obtain the fee that shall be charged for an adoption service, subject to sections 4 and 5 in Basic Requirements. M.R. 107/2010 ; 69/2012 SCHEDULE B FORMS Form Number Title of Form Reference to section of Act AA-1 Notice to Birth Father 26 AA-2 Affidavit of Service 26 AA-3 Notice of Intent to receive a child for adoption and request for approval of an agency 53 AA-4 Notice of Intent to Place a Child for Adoption and request for approval of an agency 54 AA-5 Notice of Receiving a Child for adoption 63 AA-6 Adoption Placement Agreement 45 AA-7 Declaration of Family Income 127(2)⁠(d) AA-8 Consent of Director or Child and Family Services Agency to Adoption 12 AA-9 Consent of Parent to Adoption 13(a) AA-10 Consent of Guardian(s) to Adoption 13(a) AA-11 Consent of Child to Adoption 12(b), 13(b) AA-12 Certificate of Interpreter AA-13 Approval of Agency of Placement for Adoption 59 AA-14 Declaration of Commitment 50, 67, 76, 85, 90, 96 AA-14.1 Declaration of Commitment to the Child 73(1)⁠(a), 78 AA-15 Notice of Application and Application 49, 65, 73, 81, 88 or 93 AA-16 Order of Adoption (Material filed) 30 AA-17 Order of Adoption (Oral evidence) 30 M.R. 228/2002