Financial Assistance for Adoption of Permanent Wards Regulation

Financial Assistance for Adoption of Permanent Wards Regulation, M.R. 21/99 The Adoption Act , C.C.S.M. c. A2 Regulation 21/99 Registered February 19, 1999 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Application to director for financial assistance 3 Time for application 4 Documentation with application 5 Start-up assistance 6 Director's approval 7 Review of financial assistance by director 8 If child's maintenance responsibility of Canada 9 Move to another province or territory 10 Suspension of financial assistance 11 Termination of financial assistance 12 Transitional 13 Review 14 Repeal 15 Coming into force Schedule A Declaration of Family Income (Form FA-1) B Ongoing Financial Assistance to Adoptive Parents of Permanent Wards Definitions 1(1) In this regulation, "Act" means The Adoption Act ; («  Loi  ») "physical or mental condition" means (a) a diagnosed physical disability or mental disability, or both, (b) a diagnosed emotional disturbance or behavioural disturbance, or both, (c) a diagnosed high risk of developing a physical disability, a mental disability, an emotional disturbance or a behavioural disturbance, because (i) of the child's pre-natal, post-natal or placement history, (ii) the child has a need for permanency (A) in a relationship in which the child has established significant emotional ties with the person who proposes to adopt the child, including a foster parent with whom the child has lived for at least a year, (B) in a culturally compatible adoption placement, or (C) within his or her extended family. (« affection physique ou mentale ») "Designated child" 1(2) For the purposes of this regulation "designated child" means a child who is a permanent ward in the care of the director or a child and family services agency in Manitoba under Division 1 of Part 3 of the Act and (a) who has a physical or mental condition; or (b) who is a sibling and should be placed together with his or her siblings, either jointly or successively in an adoption placement. Application to director for financial assistance 2(1) Where the director approves the placement of a designated child with a prospective adoptive parent under section 42 of the Act, the prospective adoptive parent may, on a form provided by the director, apply to the director for financial assistance with respect to the adoption. Types of financial assistance 2(2) The following types of financial assistance may be paid as described in section 5: (a) start-up assistance; (b) special services assistance; (c) ongoing assistance. Time for application 3(1) Subject to subsection (2), an application for financial assistance must be submitted to the director prior to the date of placement of the designated child with a prospective adoptive parent. Application if a change 3(2) An application under this regulation may be made after a designated child is placed with a prospective adoptive parent if, prior to the granting of an order of adoption, there is a change in the diagnosis or prognosis of the designated child's physical or mental condition or a change in the treatment plan. Documentation with application 4(1) The applicant must include the following documentation with the application: (a) the name, birthdate and particulars of the designated child and where the designated child is being placed with siblings, similar information as to each sibling; (b) documentation as to the physical or mental condition of the designated child including information as to the child's diagnosis, prognosis and treatment requirements; (c) a statement of the projected or actual costs accompanied by (i) in the case of a request for start-up assistance under subsection 5(1), at least one estimate of the cost of the goods or services, (ii) in the case of a request for special services assistance under subsection 5(2), at least one estimate of the cost of the goods or services to be purchased, and (iii) in the case of a request for ongoing assistance under subsection 5(3), (A) the Declaration of Family Income Form, Form FA-1, as set out in Schedule A, and (B) a statement of the applicant's family expenses, assets and liabilities provided in the manner and form as required by the director. Agency to assist applicant 4(2) The child and family services agency having jurisdiction where the applicant resides shall, at the request of the applicant, assist the applicant in providing the documentation required under subsection (1) to the director. Start-up assistance 5(1) Start-up assistance may be paid to an applicant for, or as a contribution to, extraordinary, non-recurring costs relating to the placement of the designated child with the prospective adoptive parent, as determined at the time of the application for financial assistance, including the actual cost of transportation, equipment and structural renovations to the applicant's home. Special services assistance 5(2) Special services assistance may be paid to an applicant for, or as a contribution to, the cost of current or projected expenses for goods or services due to a physical or mental condition of the designated child provided that the diagnosis, prognosis and treatment requirements for the designated child are confirmed by a duly qualified practitioner acceptable to the director. Ongoing assistance 5(3) Ongoing assistance may be paid to an applicant for, or as a contribution to, costs relating to the care of the designated child in an amount that is calculated in accordance with subsection (4) where the director is satisfied that the ongoing assistance is necessary to facilitate the adoption of the designated child by the applicant. Calculation of ongoing assistance 5(4) The amount of ongoing assistance shall be calculated as follows: (a) the maximum amount of ongoing assistance is equal to one-half of the foster care basic maintenance rate approved by the director which would have been payable on behalf of the designated child if he or she was in the care of a foster parent; (b) the amount of ongoing assistance that may be paid shall be calculated in accordance with the Ongoing Financial Assistance to Adoptive Parents of Permanent Wards schedule set out in Schedule B; (c) the amount of ongoing assistance determined under clause (b) may be varied, in the discretion of the director, having regard to the documentation provided by the applicant under clause 4(1)⁠(b) and subclause 4(1)⁠(c)⁠(iii). Form of payment 5(5) Financial assistance may be paid out in the form of one or more of the following: (a) a lump-sum payment; (b) payments made monthly or from time to time. Another source available 5(6) If the required good or service is available at a reduced cost to the applicant from another source such as insurance coverage or another governmental program, financial assistance available under this regulation must not exceed the amount of the reduced cost. Interim financial assistance 5(7) If the required service will be available to the applicant at a reduced cost or at no cost at a future time, the director may provide interim financial assistance as determined by the director until the service is so available. Accounting for financial assistance 5(8) An applicant who receives financial assistance under this regulation shall account for it as required by the director. Director's approval 6 The director shall examine the application and supporting documentation to ensure the requirements of this regulation are met. Review of financial assistance by director 7 The payment of special services assistance under subsection 5(2) or ongoing assistance under subsection 5(3) is subject to a review by the director on an annual basis, or more frequently as may be required by the director. If child's maintenance responsibility of Canada 8 Where the Government of Canada is responsible for the maintenance of a child who is a designated child entitled to financial assistance under this regulation the director shall request that the financial assistance otherwise payable under this regulation be paid by the Government of Canada. Move to another province or territory 9(1) If the prospective adoptive parent or the adoptive parent of a designated child moves to another province or territory the parent may be eligible to receive financial assistance under this regulation for the designated child subject to the approval of the director. Move outside Canada 9(2) If the adoptive parent of a designated child moves outside Canada, no financial assistance under this regulation shall be payable except under extraordinary circumstances where failure to provide financial assistance would jeopardize the life or health of the designated child as determined by the director. Suspension of financial assistance 10(1) Financial assistance under this regulation shall be suspended if the designated child is removed from the care and control of the applicant before or after the order of adoption is granted. Reinstatement of financial assistance 10(2) Financial assistance may be reinstated by the director if the designated child returns to the care and control of the applicant. Termination of financial assistance 11 Financial assistance under this regulation shall terminate if one of the following occurs: (a) the director determines that financial assistance under this regulation is no longer required; (b) the designated child reaches the age of majority; (c) the designated child is permanently removed from the care and control of the applicant; (d) the designated child dies. Transitional 12 If an application for financial assistance was made to the director under Manitoba Regulation 58/86 prior to its repeal and (a) no decision by the director has been made with respect to that application; and (b) no order of adoption has been granted; the applicant may elect (c) to have the application considered as an application under this regulation and the provisions of this regulation apply with respect to the application; or (d) to have the application considered under Manitoba Regulation 58/86 as it read immediately before its repeal. Review 13 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. Repeal 14 Manitoba Regulation 58/86 is repealed. Coming into force 15 This regulation comes into force on March 15, 1999. SCHEDULE A Form FA-1 Declaration of Family Income SCHEDULE B ONGOING FINANCIAL ASSISTANCE TO ADOPTIVE PARENTS OF PERMANENT WARDS