Adoption Agencies Licensing Regulation

Adoption Agencies Licensing Regulation, M.R. 20/99 The Adoption Act , C.C.S.M. c. A2 Regulation 20/99 Registered February 19, 1999 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Application for a licence 3 Renewal of licence 4 Child abuse registry, criminal record and prior contact checks 5 Conditions of a licence 6 Reports to director 7 Licence and fee schedule to be displayed 8 Suspension or cancellation of licence 9 Services and records if suspension 10 Review 11 Coming into force DEFINITIONS Definitions 1 In this regulation, "Act" means The Adoption Act ; («  Loi  ») "adoption services" means those services with respect to an adoption as set out in the Act and the Adoption Regulation ; (« services d'adoption ») "advisory committee" means a committee established under subsection 5(2); (« comité consultatif ») "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 ») "corporation" means a corporation to which Part XXII of The Corporations Act applies; (« corporation ») "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 ») "licence" means a licence issued or renewed under this regulation; (« licence ») "prior contact check" means a record about a person referred to in clause 4(1)⁠(f); (« relevé des contacts antérieurs ») "program supervisor" means the person designated by an agency as the program supervisor with respect to adoptions. (« superviseur du programme ») M.R. 201/2001 LICENSING Application for a licence 2(1) A corporation may, in the form and manner specified by the director, apply to the director for a licence to operate an adoption agency. Required documentation 2(2) The application must be accompanied by the following: (a) a copy of the applicant's certificate of incorporation under Part XXII of The Corporations Act ; (b) a copy of the applicant's constitution and bylaws and a copy of the latest annual return filed under The Corporations Act ; (c) the municipal address, the mailing address and a description of the premises from which the applicant proposes to operate the adoption agency; (d) documentation to show that the proposed premises comply with municipal zoning bylaws and provide counselling and interview space that ensures privacy for all persons involved in an adoption; (e) a statement confirming the adoption services to be provided by the applicant; (f) a statement as to the categories of adoptions as set out in Part 3 of the Act for which the applicant wants to provide adoption services; (g) a description of the process within the agency available to a person who received or was entitled to receive adoption services from the agency and who is dissatisfied with a decision made by an agency staff person; (h) a business plan that includes all of the following: (i) a statement or plan setting out the geographical area in Manitoba that the applicant proposes to serve, (ii) if adoption services are to be offered by the applicant to persons who live outside the geographical area where the proposed adoption agency will be located, a statement setting out how those adoption services will be delivered, (iii) a description of the services other than adoption services, if any, that the applicant provides or proposes to provide and the source of funding for those services, (iv) how the adoption services provided by, and the expenses of, the applicant will be funded, (v) the proposed fee structure for all adoption services and any other services provided by the applicant, (vi) a general job description, including the qualifications and experience, for each position the applicant proposes for adoption services, and whether those services will be delivered by employees of the applicant or through contractual arrangements, (vii) the proposed personnel management practices of the adoption agency, including the proposed conflict of interest policy for board members and all staff persons which must be in accord with the government's conflict of interest policy for external agencies that it funds, (viii) a description of the applicant's record storage and security arrangements for the proposed adoption agency, and the method to be used to provide backup records in the event of loss; (i) evidence that the applicant has obtained general liability insurance satisfactory to the director covering the proposed adoption agency and its board members, staff and volunteers; (j) a description of the past experience of the members of the board of directors and the program supervisor of the applicant as that experience relates to the provision of adoption services; (k) any other information or additional documentation that the director considers necessary to determine the ability of the applicant to provide adoption services and carry out the responsibilities of an adoption agency. Fee 2(3) A non-refundable fee of $100. must accompany the application for a licence. Considerations 2(4) When making a decision respecting the granting of a licence under this section, the director shall consider the following: (a) the information provided under subsections (1) and (2); (b) the financial viability for the applicant; (c) whether a licence under the Act was previously granted to the applicant and whether the licence was ever made subject to conditions, suspended or cancelled. Terms and conditions 2(5) A licence issued under this section may contain terms and conditions, consistent with the Act and the regulations under the Act, as specified on the licence by the director. Term of licence 2(6) A licence issued under this section is valid for a period of two years from the date of issue. Licence not transferable 2(7) A licence is not transferable. RENEWAL OF LICENCE Application to renew a licence 3(1) A licensee that wishes to renew its licence must in the form and manner specified by the director, at least 90 days before the expiry date of the licence, or such shorter time as is acceptable to the director, apply to renew the licence. Required documentation 3(2) The application must be accompanied by the following: (a) a statement confirming that the information and documentation provided under subsections 2(1) and (2) 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, if there has been any change in that information or documentation, a statement setting out the change or a copy of the documentation; (b) any other information or additional documentation that the director considers necessary to determine the ability of the adoption agency to continue to provide the adoption services and carry out the responsibilities of an adoption agency. Fee 3(3) A non-refundable fee of $100. must accompany the application for a renewal of a licence. Considerations 3(4) When making a decision respecting the renewal of a licence under this section, the director shall consider all of the following: (a) the information provided under subsections (1) and (2); (b) whether the adoption agency has complied with the requirements of sections 4 and 5; (c) the grounds under section 8 that apply to the suspension or cancellation of a licence; (d) whether the licence was suspended or if conditions were placed on it during its term. Terms and conditions 3(5) A licence renewed under this section may contain terms and conditions consistent with the Act and the regulations under the Act, as specified on the licence by the director. Term of licence 3(6) A licence renewed under this section is valid for a period of three years from the date of expiry of the previous licence. CHILD ABUSE REGISTRY, CRIMINAL RECORD AND PRIOR CONTACT CHECKS Child abuse registry, criminal record and prior contact checks 4(1) A licensee shall ensure that for (a) each person employed by or under contract with the licensee; (b) each person who works as a volunteer or a student trainee at the adoption agency; and (c) each person who applies or proposes to work under clause (a) or (b); the following checks are obtained with respect to the person: (d) a child abuse registry check; (e) a criminal record check; (f) a prior contact check, in accordance with subsection (1.1). Prior contact checks 4(1.1) The licensee must make reasonable efforts to obtain a prior contact check referred to in clause (1)⁠(f) from each agency and each entity outside the province that performs substantially the same functions as an agency, for each area where the person for whom the check is required has resided for the last five years, or for such longer period as the licensee considers reasonably necessary, in order to determine if the person has been the subject of a child protection investigation. Date of checks 4(2) A check referred to in subsection (1) must be dated within three months prior to the date when the person commences providing work or services to the adoption agency or applies or proposes to do so. Checks reviewed by licensee 4(3) The licensee shall review the checks referred to in subsection (1) and must be satisfied that the person (a) does not pose a risk to children; and (b) is able to discharge his or her responsibilities. Requiring further checks 4(4) Where the licensee or the director receives information that causes it to believe that the person may pose a risk to children or be unable to discharge his or her responsibilities, the licensee or the director may request that the person consent to a subsequent child abuse registry check, a criminal record check and a prior contact check. Further checks reviewed 4(5) Subsection (3) applies with necessary modifications when a further check is requested under subsection (4). M.R. 201/2001 CONDITIONS OF A LICENCE Conditions of a licence 5(1) A licence is subject to the following conditions: (a) the licensee shall comply with the Act and the regulations under the Act; (b) at least 1/3 of the members of the board of directors of the adoption agency shall be knowledgeable about or experienced in adoptions; (c) the program supervisor meets the qualifications for a program supervisor with respect to adoptions as referred to in the Adoption Regulation ; (d) the licensee shall only provide adoption services for the categories of adoptions as set out in Part 3 of the Act that it is licensed to provide; (e) the director must be promptly notified in writing of any (i) change in the adoption services offered by the adoption agency, (ii) change in the schedule of fees or disbursements used by the adoption agency, (iii) change in the membership of the board of directors, or (iv) change as to the program supervisor; and a change under subclause (i) or (ii) is not valid until it has been approved in writing by the director; (f) the licensee must comply with the requirements of section 4. Advisory committee 5(2) If the requirement of clause (1)⁠(b) cannot be met or maintained, the board of directors of the licensee shall establish an advisory committee, consisting of at least three persons (a) who are not employees or members of the board of the corporation; and (b) who are knowledgeable about or experienced in adoptions; to advise the board on matters of adoption. Reports to director 6 The licensee shall provide the following information to the director: (a) annual financial statements of the adoption agency accompanied by a review engagement report prepared by the agency's external accountant; (b) quarterly reports as well as an annual report, in the form and manner required by the director, as to the services provided, including statistics as to same. Licence and fee schedule to be displayed 7 A corporation that has been issued a licence to operate an adoption agency shall display the licence and the schedule of fees and disbursements for adoption services in a conspicuous place in the adoption agency. SUSPENSIONS, CANCELLATIONS AND CEASING OPERATIONS Suspension or cancellation of licence 8(1) The director may suspend a licence, with or without imposing conditions, or may cancel a licence on any of the following grounds: (a) the adoption agency is not, in the opinion of the director (i) giving paramount consideration to the best interests of the children who are being placed for adoption, (ii) operating in a manner that is in the best interest of the persons who are receiving the adoption services, or (iii) operating in accordance with the requirements of the Act, the conditions of its licence or the requirements of the regulations under the Act; (b) the corporation has made a material false statement in an application for a licence or a renewal of a licence; (c) a change has occurred in the board of directors of the corporation, or the employees or contractors of the adoption agency that would be grounds for refusing to issue a licence if the corporation were apply for a licence for the first time; (d) a member of the board of directors of the corporation or an employee or contractor of the adoption agency has contravened the Act or the regulations, the constitution or bylaws of the corporation, or a condition of the licence issued to the corporation; (e) any other circumstance that, in the opinion of the director, is a cause for concern respecting the operation of the adoption agency. 8(2) [Repealed] M.R. 25/2002 M.R. 25/2002 Services and records if suspension 9(1) If the director suspends the licence of an adoption agency the adoption agency shall (a) advise the director of all active files and provide the director with information necessary to enable the director to make alternative arrangements for affected clients; and (b) at the request of the director, promptly turn over all records where an adoption has not been completed to the director or to a child and family services agency as ordered by the director. Records turned over if licence cancelled or not renewed 9(2) If the director cancels the licence of an adoption agency or does not renew its licence, the corporation shall within 10 days after receipt of the notice of cancellation or non-renewal of the licence, turn over all records pertaining to the granting of an order of adoption to the director or to a child and family services agency as ordered by the director. Responsibilities if ceasing operations 9(3) Prior to ceasing operations, an adoption agency shall (a) advise the director in writing that it intends to cease operations at least 30 days before the proposed date for ceasing operations; (b) complete the orderly transfer of all records pertaining to the granting of an order of adoption to the director or a child and family services agency as ordered by the director; and (c) advise the director of any situation respecting a client which may require immediate attention and provide the director with information necessary to enable the director to make alternative arrangements for that client. REVIEW AND COMING INTO FORCE Review 10 Not later than March 14, 2004, the minister shall (a) review the operation of this regulation, including consulting with such persons affected by it as the minister considers appropriate; and (b) if the minister considers it advisable, recommend to the Lieutenant Governor in Council that the regulation be amended or repealed. Coming into force 11 This regulation comes into force on March 15, 1999.