Section 1, definition of "aboriginal agency" paragraph (b) BEFORE amended by BC Reg 102/2014, effective May 30, 2014.

(b) at least one employee who is a delegate of a director under section 92 of the Child, Family and Community Service Act;

 Section 1, definition of "aboriginal agency" (part) BEFORE amended by BC Reg 211/2015, effective November 28, 2016.

"aboriginal agency" means a society registered under the Society Act that has

 Section 1, definition of "social worker" BEFORE amended by BC Reg 43/2020, effective March 2, 2020.

"social worker" means,

(a) in the case of an adoption agency, a person who

(i) is employed by or under contract to the adoption agency, and

(ii) is registered by the British Columbia College of Social Workers, or

(b) in the case of the ministry or an aboriginal agency, a person employed by the ministry or aboriginal agency who

(i) is a delegate of a director under section 77 of the Act, and

(ii) has

(A) a Bachelor of Social Work degree or a Master of Social Work degree, or

(B) in the opinion of the director, qualifications and experience in social work acceptable to the director.

 Section 2 (2) BEFORE repealed by BC Reg 175/2017, effective September 25, 2017.

(2) For the purpose of section 5 (2) of the Act, a person is a resident of British Columbia if

(a) the person has continuously resided in British Columbia for at least 6 months immediately preceding the placement of the child, or

(b) the person has continuously resided in British Columbia for less than 6 months immediately preceding the placement of the child but has been approved as a prospective adoptive parent under the laws of another jurisdiction in Canada.

 Section 3 (1) (h) BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

(h) the prospective adoptive parents' attitude about facilitating communication or maintaining relationships with the child's birth family or with any other person who has established a relationship with the child;

 Section 3 (2) (a) and (b) BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

(a) separation and loss issues respecting the birth parents, the prospective adoptive parents and the child to be adopted;

(b) the difference between adoptive and biological parenting;

 Section 3 (1) (part) BEFORE amended by BC Reg 175/2017, effective September 25, 2017.

(1) For the purposes of sections 6 (1) (b) and 48 (2) (c) of the Act, a homestudy of the prospective adoptive parents respecting their ability to provide for the physical and emotional needs of a child must be prepared by a social worker and must consider and provide for all of the following:

 Section 3 (1) (f) BEFORE amended by BC Reg 189/2021, effective October 4, 2021.

(f) the developmental, social and behavioral progress of any other child or children of the prospective adoptive parents that relates to the prospective adoptive parents' ability to understand, accept and meet the needs of a child and the compatibility between the child or children in the home and the child to be adopted;

 Section 4 (1) (a) to (d) BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

(a) a physical description of the birth mother and birth father, and information about

(i)  the personality and personal interests of each of them,

(ii)  their cultural, racial and linguistic heritage, and

(iii)  their religious and spiritual values and beliefs;

(b) a detailed health history of the birth mother and birth father, including

(i)  the lifestyle of the birth parents respecting usage of tobacco, alcohol and prescription and non-prescription drugs,

(ii)  prenatal information respecting the birth mother, and

(iii)  any medical condition and other health information about the biological relatives of the birth parents that may be relevant to the child;

(c) a detailed social history of the birth mother and birth father, including

(i)  the relationship between the birth parents,

(ii)  details about any other child born to either of them,

(iii)  educational background and, if applicable, future educational plans,

(iv)  particulars respecting past, present and future employment, and

(v)  family background information about the mother and father (both by birth and adoption) and the sisters and brothers (both by birth and adoption) of each birth parent;

(d) the reason why the birth parents have decided to make an adoption plan for the child;

 Section 4 (1) (g) (ii) BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

(ii)  the child's relationship with birth family, caregivers and peers, and

 Section 4 (1.1) was added by BC Reg 102/2014, effective May 30, 2014.

 Section 4 (1) (c) (v) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(v) family background information about the parents and the sisters and brothers of each biological parent;

 Section 5 (2.1) was added by BC Reg 52/2011, effective March 25, 2011.

 Section 7 (1) (e) BEFORE amended by BC Reg 189/2021, effective October 4, 2021.

(e) the developmental, social and behavioral progress of any other child or children of the prospective adoptive parents that relates to the prospective adoptive parents' ability to protect, nurture and care for the child to be adopted and to the compatibility between the child or children in the home and the child to be adopted;

 Section 9 (1) BEFORE amended by BC Reg 102/2014, effective May 30, 2014.

(1) For the purpose of section 16 (1) of the Act, the affidavit of consent to adoption of a child in British Columbia by a person resident in British Columbia must be made using the following forms:

(a) the Parent or Guardian's Consent to Adoption, in Form 2 of Schedule 3;

(b) the Consent to Adoption by Child Over Twelve, in Form 3 of Schedule 3.

 Section 9 (1) (c) was added by BC Reg 102/2014, effective May 30, 2014.

 Section 9 (3) BEFORE amended by BC Reg 102/2014, effective May 30, 2014.

(3) Subsection (2) does not apply if the consent is given by the director or the administrator in his or her capacity as guardian of the child.

 Section 10 (2) BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

(2)  Section 84 (1) of the Act does not apply to a birth parent or guardian who receives from a prospective adoptive parent payment of expenses for the cost of counselling services for one or both of the birth parents or the guardian respecting the decision to enter into an adoption plan for a child.

 Section 10.1 (1) (c) BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

(c) is, pursuant to section 29 (3) of the Family Relations Act, under the guardianship of a director under the Child, Family and Community Service Act.

 Section 10.1 (1) BEFORE amended by BC Reg 102/2014, effective May 30, 2014.

(1) For the purpose of section 85 (2) (e) of the Act and subject to subsection (2), the restrictions on advertising dealing with the placement or adoption of a child do not apply to publication in the print or electronic media with respect to the availability of a child who

(a) is in the continuing custody of a director under the Child, Family and Community Service Act,

(b) is under the guardianship of a director under the Adoption Act, or

(c) is, pursuant to section 51 of the Infants Act, under the guardianship of a director under the Child, Family and Community Service Act.

 Section 10.1 (1) (b) BEFORE amended by BC Reg 189/2021, effective October 4, 2021.

(b) is under the guardianship of a director under the Adoption Act, or

 Section 11 (1) BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

(1)  The director or the administrator must, with respect to a child to be placed or who is placed for adoption by either of them, make reasonable efforts to promptly notify the birth parents or the guardian who consented to the adoption of the child about the status of the placement in any of the following circumstances:

(a) after a notice of placement under section 12 of the Act has been received;

(b) after the termination of a placement because of a placement disruption;

(c) after it is determined that placement will not proceed in a home chosen by the birth parents or guardian;

(d) after it is determined that placement will not proceed because an adoption home for the child is not available.

 Section 11 (2) (b) BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

(b) by certified or registered mail addressed to the birth parents or guardian at the last known address of either of them as determined from the records of a director or the administrator.

 Section 11 (3) BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

(3)  This section does not apply if the birth parents or guardian have, in writing, advised the director or the administrator that notice is not required.

 Part 3 heading BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

Part 3 - Birth Fathers' Registry

 Section 12 BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

 Section 13 BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

 Section 14 BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

 Section 14 (d) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(d) a prospective adoptive parent in a direct placement who has given a notice of intent to receive a child into his or her home under section 8 (1) of the Act.

 Section 15 BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

 Section 16 (1) (b) BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

(b) a person approved for adoption work by the Board of Registration for Social Workers of the Province of British Columbia;

 Section 16 (1) (c) BEFORE amended by BC Reg 175/2017, effective September 25, 2017.

(c) a person registered as a medical practitioner under the Health Professions Act who is authorized to practice psychiatry;

 Section 16 (2) (b) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(b) confirmation that the person referred to in paragraph (a) met with the child at a place and in a manner that allowed the child to freely express his or her views;

 Section 17 (1) BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

(1)  For the purpose of section 32 (e) of the Act, a prospective adoptive parent must complete and file with the court the Birth Parent Expenses Affidavit in Form 5 of Schedule 3.

 Section 17 (2) BEFORE amended by BC Reg 102/2014, effective May 30, 2014.

(2) Subsection (1) does not apply to a prospective adoptive parent if the child is placed with that prospective adoptive parent by a director under the Child, Family and Community Service Act.

 Section 18 (1) (c) and (d) BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

(c) if there is an existing access order, any information or views pertaining to access that may be helpful to the court in determining whether an access order should continue or be terminated in accordance with the best interests of the child;

(d) if applicable, an explanation as to why the birth father's consent was not obtained.

 Section 18 (1) (a) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(a) the child's full name and birth date as recorded on his or her birth certificate, or evidence of facts relating to the child's birth;

 Section 20 (part) BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

 Section 20 (c) BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

(c) on behalf of a birth parent who has a committee, by the birth parent's committee.

 Section 20 (a) BEFORE amended by BC Reg 102/2014, effective May 30, 2014.

(a) on behalf of an adopted person who does not have a committee, by the adopted person's parent or guardian if the parent or guardian has provided the Chief Executive Officer of Vital Statistics with an affidavit of 2 medical practitioners setting forth their opinion that the adopted person is incapable of managing his or her affairs by reason of

(i) mental infirmity arising from disease, age or otherwise,

(ii) a genetic condition or hereditary condition, or

(iii) disorder or disability of mind arising from the use of drugs;

 Section 20 (a) (part) BEFORE amended by BC Reg 50/2016, effective September 1, 2016.

(a) on behalf of an adopted person who does not have a committee, by the adopted person's parent or guardian if the parent or guardian has provided the registrar general with an affidavit of 2 medical practitioners setting forth their opinion that the adopted person is incapable of managing his or her affairs by reason of

 Section 20 (a) (part) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(a) on behalf of an adopted person who does not have a committee, by the adopted person's parent or guardian if the parent or guardian has provided the registrar general with a signed statement of 2 medical practitioners setting forth their opinion that the adopted person is incapable of managing his or her affairs by reason of

 Section 21 (part) BEFORE amended by BC Reg 102/2014, effective May 30, 2014.

 Section 23 (a) to (d) BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

(a) a male person who has signed an acknowledgment of paternity;

(b) a male person who has signed an unmarried parents agreement;

(c) a male person who was interviewed by a social worker and verbally acknowledged paternity;

(d) a male person who is, in the opinion of the Provincial director, clearly identified on the record as the birth father.

 Section 24 (1) BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

(1)  An adult person referred to in section 71 of the Act may, on application to the Provincial director in the form and manner specified by the Provincial director, apply for assistance in locating a birth parent, an adult adopted sibling, an adult birth sibling or an adult adopted child.

 Section 25 BEFORE amended by BC Reg 47/2010, effective April 1, 2010.

 Part 6 heading BEFORE re-enacted by BC Reg 189/2021, effective October 4, 2021.

Part 6 — Post-Adoption Assistance

 Section 26 definition of "designated child", paragraph (b.1) was added by BC Reg 47/2010, effective April 1, 2010.

 Section 26 definition of "designated child", paragraph (b) (iii) BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

(iii)  under the guardianship of a director referred to in section 29 (3) (a) of the Family Relations Act, or

 Section 26 definition of "designated child", paragraph (b.1) BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

(b.1) was, after November 4, 1996, adopted under the Adoption Act and is under the guardianship of a person who is a guardian under the Family Relations Act or the Infants Act,

 Section 26 (b) BEFORE amended by BC Reg 102/2014, effective May 30, 2014.

(b) is or was

(i) in the continuing custody of a director under the Child, Family and Community Service Act,

(ii) transferred to the care and custody of a director under the Adoption Act or former Act,

(iii) under the guardianship of a director referred to in section 51 (1) (a) of the Infants Act, or

(iv) under the guardianship of a director under the Adoption Act,

 Section 26 BEFORE re-enacted by BC Reg 189/2021, effective October 4, 2021.

 Section 27 (1) and (2) BEFORE amended by BC Reg 47/2010, effective April 1, 2010.

(1)  Subject to section 27.1, a person is eligible for financial assistance or other assistance under section 80 of the Act if the person

(a) proposes to adopt or has, after November 4, 1996, adopted a child who comes within paragraphs (a), (b) and (c) of the definition of "designated child",

(b) has a demonstrated need for one or more of the services described in section 28 (1) (b) or (c), and

(c) has a demonstrated financial need determined in accordance with subsections (2) to (4).

(2)  A person referred to in subsection (1) may apply to a director for financial assistance or other assistance on the form specified by the director, and the application must include a statement setting out the applicant's

(a) income and expenses, and

(b) assets and liabilities.

 Section 27 (3) BEFORE repealed by BC Reg 47/2010, effective April 1, 2010.

(3)  A director must determine the financial need of a person who applies for assistance under this Part by establishing and administering an income test in accordance with the policies and procedures for the administration of the Act and this regulation.

 Section 27 (1) (a) (ii) BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

(ii)  is a guardian under the Family Relations Act or the Infants Act of a child who comes within paragraphs (a), (b.1) and (c) of the definition of "designated child", and

 Section 27 BEFORE re-enacted by BC Reg 189/2021, effective October 4, 2021.

 Section 27.1 BEFORE repealed by BC Reg 47/2010, effective April 1, 2010.

 Section 27.2 was enacted by BC Reg 189/2021, effective October 4, 2021.

 Section 28 (1) (b) BEFORE amended by BC Reg 47/2010, effective April 1, 2010.

(b) direct service support or payment for services related to the special needs of the designated child, including one or more of the following:

(i)  medical expenses;

(ii)  orthodontic and corrective dental treatment;

(iii)  home renovations to accommodate an identified need;

(iv)  equipment to accommodate an identified need;

(v)  counselling or therapy, including psychological, occupational, speech and hearing therapies;

(vi)  remedial education;

(vii)  rehabilitation training;

(viii)  special needs day care;

(ix)  special services to children and youth;

(x)  extraordinary transportation costs;

(xi)  any other expenses related to care and treatment;

 Section 28 (6) BEFORE amended by BC Reg 102/2014, effective May 30, 2014.

(6) Payment for services related to the special needs of the designated child must not exceed the cost of services provided to a child in the care, custody or guardianship of a director under the Child, Family and Community Service Act.

 Section 28 (1) BEFORE repealed by BC Reg 189/2021, effective October 4, 2021.

(1) Financial assistance or other assistance is available in respect of a designated child as follows:

(a) maintenance payments if the designated child comes within paragraph (c) (ii) (B), (C) or (D) of the definition of "designated child";

(b) direct service support or payment for services related to the special needs of the designated child;

(c) direct service support or payment for other service supports to the family, including one or more of the following:

(i) homemakers;

(ii) respite;

(iii) parenting programs or other training;

(iv) counselling;

(v) adoption support and information services.

 Section 28 (2), (3), (4) (part), (5) and (6) BEFORE amended by BC Reg 189/2021, effective October 4, 2021.

(2) Financial assistance is not available under this Part if the required service or assistance is available at no cost to the parent from another source.

(3) If the required service is available at a reduced cost to the parent from another source, the financial assistance available under this Part must not exceed the amount of the reduced cost.

(4) Financial assistance may be paid out in the form of one or more of the following:

(5) Maintenance payments may vary, but must not exceed the basic rate for foster care.

(6) Payment for services related to the special needs of the designated child must not exceed the cost of services provided under the Child, Family and Community Service Act to a child in the care, custody or guardianship of a director of child protection.

 Section 28 (5.1), (5.2), (6.1) and (6.2) were added by BC Reg 189/2021, effective October 4, 2021.

 Section 30.1 (2) to (4) BEFORE amended by BC Reg 47/2010, effective April 1, 2010.

(2)  Despite anything in this Part, if after November 4, 1996 an adoptive parent received maintenance under an agreement, the adoptive parent continues to be eligible to receive maintenance payments but only in accordance with sections 27 (2) and (3), 28 (4) (b), (5), (7) and (8) and 29.

(3)  Despite anything in this Part, if after November 4, 1996 an adoptive parent of a designated child described in paragraph (c) (ii) (B), (C) or (D) of the definition of designated child in section 26 of this regulation did not receive but was entitled, if the parent had become eligible for maintenance in accordance with the income test, to receive maintenance under an agreement, that parent continues to be eligible to receive maintenance payments but only in accordance with sections 27 (2) and (3), 28 (4) (b), (5), (7) and (8) and 29.

(4)  Despite anything in this Part, an adoptive parent who, after November 4, 1996, was in receipt of, or eligible to receive, specific service payments under an agreement, continues to be eligible, or is eligible, to receive specific service payments but only in accordance with sections 27 (2) and (3), 28 (2), (3), (4), (6), (7) and (8) and 29 and only for those services set out in section 28 (1) (b) and (c).

 Section 30.1 BEFORE repealed by BC Reg 189/2021, effective October 4, 2021.

 Section 33 (1) (f) BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

(f) if applicable, details of any access orders or orders dispensing with consents.

 Schedule 1 BEFORE amended by BC Reg 52/2011, effective March 25, 2011.

 Schedule 1 BEFORE amended by BC Reg 53/2011, effective April 1, 2011.

Schedule 1

[en. B.C. Reg. 331/2002, App. 1, s. 2; am. B.C. Reg. 350/2005, Sch. 3, s. 9.]

Designated Representative of First Nation

[section 5 (1)]

 Schedule 1 item, "Sliammon First Nation" BEFORE repealed by BC Reg 15/2016, effective April 5, 2016.

 Schedule 1 table column 2 heading BEFORE amended by BC Reg 189/2021, effective October 4, 2021.

 Schedule 1A table column 1 heading BEFORE amended by BC Reg 189/2021, effective October 4, 2021.

 Schedule 1B was added by BC Reg 52/2011, effective March 25, 2011.

 Schedule 1B BEFORE amended by BC Reg 53/2011, effective April 1, 2011.

Schedule 1 B

[en. B.C. Reg. 52/2011.]

Designated Representative of a Treaty First Nation

[section 5 (2.1)]

 Schedule 1B item, "Tla'amin Nation" was added by BC Reg 15/2016, effective April 5, 2016.

 Schedule 1B table column 2 heading BEFORE amended by BC Reg 189/2021, effective October 4, 2021.

 Schedule 2 table column 2 heading BEFORE amended by BC Reg 189/2021, effective October 4, 2021.

 Schedule 3, Form 1 BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

Form 1

(section 6 (1))

NOTICE OF INTENT TO RECEIVE A
CHILD BY DIRECT PLACEMENT

[Check one]

THIS WILL BE YOUR NOTICE that

.................................... [first applicant] and ................................. [second applicant] who reside at ................................. in the city/town of ............................. in the Province of British Columbia intend to receive a .......................... [sex] child into my/our home for the purposes of adoption.

The child ......................................... [legal name] was born on ................................ [date of birth] at .......................................... [city/town] ................................................. [province/state/country].

The birth mother is .............................................................................................. and resides at ................................................................................ [full address (city/town/province/state/country)], and can be reached by telephone at .............................................. .

If known, complete as much of the following information as possible:

The birth father's name is ............................................................................. and he resides at ................................................................................. [full address (city/town/province/state/country)] and can be reached by telephone at ............................................... .

If the child you intend to receive is not yet born, please indicate approximate date of birth .............................................. .

Circumstances regarding proposed placement. How you came to know about the child proposed for adoption:

......................................................................................................................................................................

......................................................................................................................................................................

Dated ............................................. at ..........................................................................................................

First Applicant:
[Signature] ..................................................... [Name (please print)] .................................................

Second Applicant:
[Signature] ..................................................... [Name (please print)] ...............................................

Witness:
[Signature] ...................................................... [Address] ..............................................................

Legal authority for collection of this information is the Adoption Act, section 8 (1).

 Schedule 3, Form 2, section 1 and signature block BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

 Schedule 3, Form 2 BEFORE amended by BC Reg 102/2014, effective May 30, 2014.

Form 2

(section 9 (1) (a))

Court Registry
Registry No.

IN THE SUPREME COURT OF BRITISH COLUMBIA
IN THE MATTER OF THE ADOPTION ACT

IN THE MATTER OF A ............................ [male/female] CHILD

Birth Registration Number ...............................

AFFIDAVIT

Parent or Guardian's Consent to Adoption

I, ................................................................................................ [Name in full of person consenting] of ............................................... [Address], .................................................................................... [Occupation],
swear (affirm) as follows:

(* Not required where the guardian is a director of adoption or administrator of an adoption agency)

(** Only applies to a direct placement)

 Schedule 3, Form 3, signature block BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

 Schedule 3, Form 3 BEFORE amended and Form 3.1 added by BC Reg 102/2014, effective May 30, 2014.

Form 3

(section 9 (1) (b))

Court Registry
Registry No.

IN THE SUPREME COURT OF BRITISH COLUMBIA
IN THE MATTER OF THE ADOPTION ACT

IN THE MATTER OF A ............................ [male/female] CHILD

Birth Registration Number ...............................

AFFIDAVIT

Consent to Adoption by Child Over Twelve

I, .................................................................................................. [Name in full of child consenting] of ......................................................................................................................... [Address],

swear (affirm) as follows:

 Schedule 3, Form 4 BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

Form 4

(section 13 (1))

BIRTH FATHER INFORMATION:

Surname: ..................................................... Given names: .....................................................

Date of birth: .............................. Other known names: ...............................................................

Address: .................................................................................. Postal code: ............................

Phone number: ..............................................................

BIRTH MOTHER INFORMATION:

Surname: ..................................................... Given names: .....................................................

Date of birth: ............................. Other known names/maiden name: ...............................................

Address: .................................................................................. Postal code: ............................

Phone number: ..............................................................

CHILD INFORMATION:

Surname: ..................................................... Given names: .....................................................

Gender: ..................................................... Date of birth: ..........................................................

Expected date of birth: ................................. Birth place: ............................................................

Address: .................................................................................. Postal code: .............................

Phone number: ..............................................................

Birth Father Signature: .................................................................. Date: ...............................

Offence

Section 86 of the Adoption Act states that a person must not make a statement that the person knows to be false or misleading in an application on the birth fathers' registry. A person who contravenes this section commits an offence and is liable to a fine of up to $5 000.

 Schedule 3, Form 5 title BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

BIRTH PARENT
EXPENSES AFFIDAVIT

 Schedule 3, Form 5, section 2 BEFORE amended by BC Reg 350/2012, effective March 18, 2013.

 Schedule 3, Form 5, signature blocks BEFORE amended by BC Reg 350/2012, effective March 18, 2013.