The Child and Youth Well-Being Act in New Brunswick: What Foster Parents Need to Know

New Brunswick's child welfare system changed substantially on January 26, 2024. That is the date the Child and Youth Well-Being Act (SNB 2022, c. 35) was proclaimed into force, replacing the Family Services Act — legislation that had governed provincial social services since 1980.

For foster parents, kinship caregivers, and anyone working within the NB child protection system, this transition is not administrative background noise. It changed the philosophical framing of child welfare in the province, shifted specific legal obligations, and introduced new rights for children and youth in care. Understanding what changed — and what it means in practice — is fundamental to working effectively within the new framework.

What the Family Services Act Got Wrong

The Family Services Act was built around the family unit as the primary organizing principle of society. Children's rights were addressed only indirectly; the legislation's central concern was parental rights and the conditions under which the state could intervene. This created a "legal void," as the Child and Youth Advocate's office described it, where children's own perspectives and rights had no formal standing.

After more than forty years, this was seen as fundamentally misaligned with international standards. The Child and Youth Advocate noted that the previous framework failed to provide a rights-based approach for children in care. The new Act corrects this — children are now the central figure in their own welfare proceedings, not incidental to an adult legal dispute.

What the Child and Youth Well-Being Act Establishes

The 2024 Act is built around a child-centered philosophy. Several of its provisions have direct implications for foster parents.

The "best interests of the child" standard is strengthened. Every decision DSD makes — placement, contact with birth family, permanency planning — must now be explicitly assessed against the child's best interests, with the child's own views considered as appropriate to their age and development.

The "least intrusive" principle is codified. DSD must pursue the intervention that minimizes disruption to a child's life. This means kinship placements are preferred over traditional foster care, traditional foster care is preferred over group care, and family preservation is attempted before any removal where safety allows.

Children in care have formal rights. The Act gives children in care the right to be informed about their situation, to participate in decisions affecting their lives, and to have their cultural and linguistic identity preserved. Foster parents are expected to actively support these rights — not simply comply with them procedurally.

Service Plans replace Plans of Care. The term has changed, but more importantly, the requirements have expanded. Service Plans must now be reviewed at least every six months and must include the child's own perspective, their goals for health, education, and social development, and a clear Permanency Plan that specifies whether the goal is reunification, adoption, or long-term guardianship.

The Supporting Regulations

Three key regulations came into force alongside the Act:

Child and Youth Social Services Regulation (2024-6): This is the document that governs the day-to-day lives of foster parents — bedroom standards, licensing requirements, training obligations, record-keeping, and home safety specifications. It replaces the former Children in Care Services Regulation.

Adoption Regulation (2024-5): Governs the provincial adoption pathway, including the foster-to-adopt transition and the adoption probationary period.

General Regulation (2024-4): Provides the administrative machinery for DSD's operations — forms, timelines, appeal mechanisms.

Every foster parent license issued since January 26, 2024 is issued under this new framework.

What Changed for Children in Care in NB

The Act's most significant shift for children themselves is the formal recognition that being in care is not a neutral experience. Children in care are not guests in the system waiting for adults to sort things out. They are individuals with rights, with identity, and with a stake in their own outcomes.

Under the previous framework, the concept of "children in care" or "youth in care" had no strong rights-based dimension. The new Act gives children in care:

• The right to be informed about their situation in language they can understand
• The right to participate in decisions about their care, their placement, and their permanency plan
• The right to have their cultural, linguistic, and religious identity maintained
• The right to maintain relationships with siblings, extended family, and significant community connections where safety allows
• Access to the Child and Youth Advocate, who operates independently of DSD and can advocate on the child's behalf

For foster parents, this means a child in your care can — and should — have their views heard. If a 14-year-old in your home disagrees with a placement decision or has concerns about their service plan, they have formal avenues to raise those concerns, including directly with the Advocate's office.

Youth in Care: What the Act Says About Older Youth

The Act also addresses "youth in care" — typically those 16 and older — with specific provisions that acknowledge their proximity to adulthood and their need for transition planning. The Transitional Services provisions (discussed in the aging-out context elsewhere) emerged directly from this legislation. DSD's obligation to support youth in care beyond age 19 — up to age 26 for those pursuing education or requiring additional assistance — is grounded in the Act.

This matters for foster parents of older youth. If you are caring for a 17-year-old, you are also caring for someone whose future is being shaped by the planning (or lack of it) happening around them right now. The Act creates obligations for DSD to begin transition planning well before a youth's 19th birthday. You, as a foster parent, are part of that planning team.

Indigenous Children in Care

The Child and Youth Well-Being Act intersects directly with Bill C-92 — An Act Respecting First Nations, Inuit and Métis Children, Youth and Families — and the February 2024 Supreme Court ruling affirming that legislation's constitutionality. For Indigenous children in care in New Brunswick, the Act affirms their right to maintain their cultural identity, their language, and their connection to their community. Eleven delegated First Nations agencies serve New Brunswick's 15 First Nations communities and have formal roles in case management and placement decisions for Indigenous children.

What This Means for Foster Parents Practically

If you were licensed before January 26, 2024, your license has been transitioned to the new framework. The physical home standards, background check requirements, and training obligations largely carried over, though some terminology and form names changed. If you have not reviewed the Child and Youth Social Services Regulation (2024-6) directly, it is worth doing — particularly the sections on record-keeping, bedroom standards, and your obligations around the child's cultural and linguistic identity.

The New Brunswick Foster Care Guide was developed under the new legislative framework and covers what the 2024 Act means in concrete terms for applicants and current foster families — including the specific documentation requirements that changed, the updated service plan process, and how to navigate DSD under the new child-centered model.

The transition to this Act was long overdue. For children in care in New Brunswick, it represents a meaningful shift. For the foster families working within it, understanding its principles is not optional — it is part of the professional role the new legislation envisions.

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