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O. Reg. 155/18: GENERAL MATTERS UNDER THE AUTHORITY OF THE LIEUTENANT GOVERNOR IN COUNCIL

under Child, Youth and Family Services Act, 2017, S.O. 2017, c. 14, Sched. 1

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Child, Youth and Family Services Act, 2017

ONTARIO REGULATION 155/18

GENERAL MATTERS UNDER THE AUTHORITY OF THE LIEUTENANT GOVERNOR IN COUNCIL

Consolidation Period: From April 30, 2018 to the e-Laws currency date.

Last amendment: 155/18.

Legislative History: 155/18.

This is the English version of a bilingual regulation.

CONTENTS

General

1.

Interpretation, First Nations, Inuk or Métis child

2.

Powers of Director

3.

Methods of alternative dispute resolution

Rights of Children and Young Persons

4.

Service provider to inform

5.

Manner of providing information

6.

Service provider to make reasonable efforts to assist

7.

Service provider to document child, young person’s participation

8.

Service provider to take steps re services, programs, activities

9.

Right to be informed, prescribed intervals

Use of Physical Restraint – Section 6 of the Act

10.

Restrictions

11.

Policy

12.

Debriefing

13.

Service provider to notify parent

14.

Record re use of physical restraint

15.

Monthly, annual records

16.

Training and education, licensee of a children’s residence

17.

Training and education, other service provider

18.

Person who commences providing direct care

19.

Records re training and education

20.

Assessment re education

Use of Mechanical Restraint – Section 7 of the Act

21.

Mechanical restraints – plan of treatment, etc.

Complaints Procedure

22.

Complaints procedure re residential care, placements

23.

Complaints procedure re other services

Lead Agencies – Child and Youth Mental Health

24.

Category established

25.

Functions

26.

Child and youth mental health plans

27.

Minister’s directives

Board Review of Placement

28.

New community listed, Board review already commenced

Child Protection – General

29.

Power of entry

30.

Application for telewarrant for access to record

31.

Exemptions, licensing requirement re place of safety

32.

Application for review of proposed removal of a child in extended society care

33.

Director’s powers and duties re child abuse register

Court Ordered Assessments

34.

Timing of assessment

35.

Contents of assessment order

36.

Contents of assessment report

Board Review of Complaint to Society

37.

Application for review of complaint

38.

Eligibility of complaint for review

39.

Board to send notice, etc., if request eligible for review

40.

Pre-hearing conference

41.

Attendance at pre-hearing conference

42.

Contents of pre-hearing conference

43.

Summary of pre-hearing results

44.

Additional pre-hearing conferences

45.

Notice of hearing

46.

Attendance at hearing

47.

Written hearing

48.

Hearing may be held in different formats

49.

Member excluded

50.

Power to prevent abuse of process

51.

Board decision

52.

Application for review re alleged inaccuracy in society’s records

53.

Power to vary time

Proceedings Under Part V of the Act – First Nations, Inuit or Métis Communities

54.

New community listed, proceeding already commenced

55.

New community listed, notice of proposed removal already given

Custody Review Board

56.

Custody Review Board, review of placement of probationers

57.

Hearings

Mechanical Restraints – Section 156 of the Act (Places of Secure Custody or of Secure Temporary Detention)

58.

Definition of “significant property damage”

59.

Application of ss. 60 to 65

60.

Rules re use of mechanical restraints

61.

Debriefing

62.

Records

63.

Monthly summaries

64.

Training and education

65.

Policies

66.

Transportation, etc.

Searches under Section 155 of the Act

67.

Definitions

68.

Rules respecting searches

69.

Procedures re searches

70.

Records

71.

Training and education

72.

Contraband – seizure

73.

Contraband – disposal

Mechanical Restraints – Section 160 of the Act (Secure Treatment Programs)

74.

Application of ss. 75 to 82

75.

Requirement to obtain order re use of mechanical restraints

76.

Rules re use of mechanical restraints

77.

Debriefing

78.

Records

79.

Training and education

80.

Policy on the use of mechanical restraints

81.

Maintenance of mechanical restraints

82.

Plan re behaviour intervention strategies

83.

Minister’s directives

84.

Admission procedures re secure treatment programs

Secure De-escalation Rooms

85.

Standards re secure de-escalation rooms

86.

Frequency of reviews – s. 174 (6) of the Act

87.

Policies and procedures

88.

Records

89.

Monthly summaries

90.

Director to inspect premises, room

Psychotropic Drugs

91.

Psychotropic drugs

Adoption

92.

Definitions

93.

Part VIII birth parent, criteria

94.

Openness

95.

Consent to adoption

96.

Licensee to create records re person wishing to adopt, board child

97.

Placement of children, general

98.

Approval, designation of persons to visit homes of prospective adoptive parents

99.

Homestudies and visits

100.

Information to be shared by adoption agency re child to be placed

101.

First Nations, Inuk or Métis child, ss. 186 and 187 of the Act

102.

Placement outside of Canada

103.

Placement in Ontario or elsewhere in Canada

104.

Application for hearing

105.

Application for review of decision to refuse to place child or to remove child after placement

106.

New community listed, decision already made by adoption agency

107.

Director’s review

108.

Expenses

109.

Acknowledgement of adoption placement

Adoption Licensing

110.

Fee

111.

Duration of licence

112.

Licence to be kept on premises

Residential Licensing

113.

Licensing applications

114.

Application fees

115.

Minister’s directives

 

General

Interpretation, First Nations, Inuk or Métis child

1. A child is a First Nations, Inuk or Métis child for the purposes of the Act if,

(a) the child identifies themself as a First Nations, Inuk or Métis child or a parent of the child identifies the child as a First Nations, Inuk or Métis child;

(b) the child is a member of or identifies with, as determined under section 21 of Ontario Regulation 156/18 (General Matters Under the Authority of the Minister) made under the Act, one or more bands or First Nations, Inuit or Métis communities; or

(c) it cannot be determined under clause (a) or (b) whether the child is a First Nations, Inuk or Métis child but there is information that demonstrates that,

(i) a relative or sibling of the child identifies as a First Nations, Inuk or Métis person, or

(ii) there is a connection between the child and a band or a First Nations, Inuit or Métis community.

Powers of Director

2. Where an approval is required by a Director, where something is to be done as required by a Director or where a determination is to be made by a Director under any regulation made under the Act, the approval, requirement or determination is prescribed to be a power of a Director.

Methods of alternative dispute resolution

3. (1) A method of alternative dispute resolution that satisfies the following criteria is a prescribed method of alternative dispute resolution for the purposes of the Act:

1. The alternative dispute resolution must be undertaken with the consent of all participants.

2. The alternative dispute resolution must be one that can be terminated at any time by any of the participants.

3. The alternative dispute resolution must be conducted by an impartial facilitator who has no decision-making power.

4. The alternative dispute resolution must not be an arbitration.

5. The alternative dispute resolution is subject to the following rules respecting the confidentiality of and access to records and information:

i. Neither the participants nor the facilitator conducting the alternative dispute resolution nor any other person providing alternative dispute resolution services is compellable to give testimony or to produce documents in a civil proceeding with respect to matters relating to or prepared or exchanged during the alternative dispute resolution.

ii. Representations, statements or admissions made in the course of the alternative dispute resolution and documents prepared or exchanged during the alternative dispute resolution cannot be used in evidence or produced in a civil proceeding, subject to the following exceptions:

A. Statements, admissions or documents may be disclosed if they give rise to the duty to report that a child may be in need of protection under section 125 of the Act.

B. Statements, admissions or documents may be disclosed if there are reasonable grounds to believe that the disclosure is necessary to address a real or perceived threat to any person’s life or physical safety.

C. Personal information contained in statements, admissions or documents may be disclosed if the individual to whom the personal information relates consents to the disclosure.

D. The terms of an agreement, memorandum of understanding or plan arising from the alternative dispute resolution may be disclosed to a court and all counsel for the participants in the alternative dispute resolution, including counsel for the child where applicable.

iii. The alternative dispute resolution facilitator may use or disclose non-identifying information relating to the alternative dispute resolution for research or educational purposes, but the facilitator must provide written notice of this intended use or disclosure to all participants in the alternative dispute resolution before the alternative dispute resolution begins.

(2) Nothing in subsection (1) abrogates or derogates from the rights of the participants in an alternative dispute resolution to discuss the content of the alternative dispute resolution with their counsel.

(3) Nothing in subsection (1) limits the powers of a program supervisor under subsection 53 (2) or section 59 of the Act.

(4) In this section,

“non-identifying information” means information which, when used or disclosed either alone or in combination with other information, does not reveal the identity of the person to whom it relates.

Rights of Children and Young Persons

Service provider to inform

4. (1) This section applies to a service provider who provides a service to a child or young person in a circumstance in which the child or young person is not entitled to be informed under section 9 of the Act.

(2) The service provider shall inform the child or young person of the matters set out in subsection (5), as required by subsection (6).

(3) Subject to subsection (4), the service provider shall inform the following individuals of the matters set out in subsection (5), as required by subsection (6):

1. In the case of a child who is not in the care of a society, a parent of the child.

2. In the case of a child who is in the care of a society, except for extended society care, a person who was the child’s parent immediately before the child was placed in the care of the society.

3. In the case of a child who is being cared for under customary care, the person who, immediately before the child was placed in customary care, was the child’s parent.

(4) The requirements in this section apply in respect of an individual described in paragraph 1, 2 or 3 of subsection (3) only if,

(a) to the knowledge of the service provider, the individual is aware that the child is receiving the service provided by the service provider; and

(b) the service provider is able to contact the individual after making reasonable efforts to do so.

(5) For the purposes of subsections (2) and (3), the service provider shall inform the child, young person or individual described in paragraph 1, 2 or 3 of subsection (3) of,

(a) the child or young person’s rights under Part II of the Act;

(b) the service provider’s complaints procedures; and

(c) the existence and role of the Provincial Advocate for Children and Youth and how to contact the Advocate.

(6) The service provider shall inform the child, young person or individual described in paragraph 1, 2 or 3 of subsection (3) of the matters set out in subsection (5),

(a) as part of the process of the service provider beginning to provide a service to the child or young person;

(b) at any other times as is considered to be necessary, in the opinion of the service provider, to ensure that the child, young person or individual understands the information; and

(c) as soon as practicable after information comes to the attention of the service provider that the child or young person’s rights under Part II of the Act may have been violated by another service provider.

Manner of providing information

5. (1) Subject to subsection (2), in providing information under section 9 of the Act or under section 4 of this Regulation, a service provider shall provide the information verbally and in a written format.

(2) If the information provided verbally and in a written format would not be accessible for the person being informed, the service provider shall provide the information in a format that is accessible for the person.

(3) In providing information to a child or young person under section 9 of the Act or to a person under section 4 of this Regulation, a service provider shall do the following:

1. Consider such information as may be available to the service provider about the child or young person to identify what supports, if any, may assist the child or young person in understanding the information to be provided.

2. In the case of providing information to a child or young person, ask the child or young person to identify what, if any, supports may assist the child or young person in understanding the information to be provided.

3. In the case of providing information to an individual described in paragraph 1, 2 or 3 of subsection 4 (3), ask the individual to identify what, if any, supports may assist the individual or the child or young person in understanding the information to be provided.

4. Consider any supports identified under paragraphs 1, 2 and 3 and make reasonable efforts to provide supports that the service provider considers to be necessary.

(4) After providing information under section 9 of the Act or section 4 of this Regulation, the service provider shall make reasonable efforts to confirm that the person has understood the information provided, including that the child or young person understands how to exercise and receive the benefit of their rights under Part II of the Act in connection with the service being provided.

(5) The service provider shall record the following in the file of the child or young person:

1. A description of how the service provider complied with this section.

2. A record of any supports identified under paragraphs 1, 2 and 3 of subsection (3).

3. If the service provider did not provide supports identified under subsection (3), the reasons for that decision.

Service provider to make reasonable efforts to assist

6. (1) A service provider shall make reasonable efforts to assist a child or young person for whom it provides a service to exercise or receive the benefit of their rights under Part II of the Act, including by doing the following:

1. Considering such information as may be available to the service provider about the child or young person to identify what supports, if any, may assist the child or young person in exercising or receiving the benefit of the rights.

2. Asking the child or young person to identify what, if any, supports may assist in enabling the child to exercise or receive the benefit of the rights.

3. If the service provider is required under section 4 to inform an individual described in paragraph 1, 2 or 3 of subsection 4 (3), making reasonable efforts to ask the individual to identify what, if any, supports may assist the child or young person in exercising or receiving the benefit of the rights.

4. Considering the supports identified under paragraphs 1, 2 and 3 and making reasonable efforts to provide supports that the service provider considers to be necessary.

(2) The service provider shall record the following in the file of the child or young person:

1. A description of any assistance the service provider provided in accordance with this section.

2. A record of any supports identified under subsection (1).

3. If the service provider did not provide supports identified under subsection (1), the reasons for that decision.

Service provider to document child, young person’s participation

7. A service provider shall document the following in the file of a child or young person for whom it provides a service:

1. How and when the service provider gave the child or young person an opportunity to participate in decision-making about the services provided to or to be provided to them or decisions affecting them.

2. Whether the child or young person participated in the decision and, if they did participate, a description of how they participated and any views they expressed.

Service provider to take steps re services, programs, activities

8. (1) A service provider shall comply with subsection (2) if it has received information respecting,

(a) the child or young person’s race, ancestry, place of origin, colour, ethnic origin, citizenship, family diversity, disability, creed, sex, sexual orientation, gender identity, gender expression or cultural or linguistic needs; or

(b) regional differences that may affect the child or young person, such as the fact that a child or young person is from a region that is different from the region in which the services are provided to the child or young person.

(2) A service provider shall make reasonable efforts to,

(a) determine whether there are services, programs or activities that may complement the service being provided by the service provider and support the objectives of the service and that relate to the information described in subsection (1); and

(b) if the service provider determines that such a service, program or activity is available and would assist the child or young person,

(i) ask the child or young person if they wish to receive the service or participate in the program or activity, and

(ii) if so, facilitate the child or young person receiving the service or participating in the program or activity in addition to continuing to receive the service from the service provider.

(3) The service provider shall document the steps it has taken to comply with the requirements of this section.

Right to be informed, prescribed intervals

9. The following intervals are prescribed for the purposes of section 9 of the Act:

1. 30 days after the child in care’s placement in residential care.

2. Three months after the child in care’s placement in residential care.

3. Six months after the child in care’s placement in residential care and every six months after that.

Use of Physical Restraint – Section 6 of the Act

Restrictions

10. (1) Subject to subsection 11 (3), a service provider is authorized to use or permit the use of physical restraint on a child or young person for whom it provides a service only if the following are satisfied:

1. There is imminent risk that,

i. the child or young person will physically injure or further physically injure themselves or others, or

ii in the case of a young person, the young person will escape from a place of open custody, of secure custody or of temporary detention or will cause significant damage to property where there is also an imminent risk that the property damage will cause personal harm to a person, including the young person. 

2. The physical restraint will be used to prevent, reduce or eliminate a risk referred to in paragraph 1.

3. It has been determined that a less intrusive intervention is or would be ineffective in preventing, reducing or eliminating a risk referred to in paragraph 1.

4. The person who will use the physical restraint has successfully completed the training required under section 16 or 17, as the case may be, including training in the particular holding technique that will be used.

5. The person who will use the physical restraint has completed the education required under section 16 or 17, as the case may be.

6. In each circumstance in which the person was required to complete education requirements as described in paragraph 5, the person has been assessed as required under section 20 with respect to the education requirements and has received a satisfactory assessment in the most recent assessment.

(2) For greater certainty, physical restraint shall not be used on a child or young person under subsection (1) for the purpose of punishing the child or young person or for the convenience of the service provider or a person the service provider has permitted to use a physical restraint.

(3) For greater certainty, a service provider that holds a licence to provide residential care in the circumstances described in paragraph 2 of section 244 of the Act may, if providing foster care under the authority of that licence, permit a foster parent to use physical restraint under this section.

(4) The physical restraint shall be used in the following manner:

1. The least amount of force that is necessary in the circumstances shall be used.

2. The child or young person’s condition shall be continually monitored and assessed by a responsible person designated by the service provider while the child or young person is restrained.

3. The type of physical restraint used must be the least intrusive that is necessary in the circumstances, having regard to the risk referred to in paragraph 1 of subsection (1).

4. The use of the physical restraint shall be stopped immediately upon the earliest of the following:

i. When there is a risk that the use of the physical restraint itself will endanger the health or safety of the child or young person.

ii. When the risk referred to in paragraph 1 of subsection (1) is no longer present.

iii. When the physical restraint is determined to be ineffective in reducing or eliminating the risk referred to in paragraph 1 of subsection (1).

Policy

11. (1) A service provider that uses or permits the use of physical restraint shall maintain a written policy on the use of physical restraint that includes the following information:

1. Alternative interventions to physical restraint that must be considered or used to reduce or eliminate a risk referred to in paragraph 1 of subsection 10 (1).

2. The titles or positions of persons who are authorized to use physical restraint on a child or young person and the training that those persons must complete.

3. The measures that must be taken to prevent and minimize the use of physical restraint on a child or young person.

4. Protocols that must be followed in monitoring and assessing a child or young person’s condition while they are being physically restrained.

5. Protocols that must be followed during the debriefing process under section 12.

(2) A service provider that decides that it will not use or permit the use of physical restraint shall develop and maintain a written policy that,

(a) provides that the service provider will not use or permit the use of physical restraint; and

(b) sets out the rationale for the service provider’s decision not to use or permit the use of physical restraint.

(3) A service provider described in subsection (2) is not authorized to use or permit the use of physical restraint.

Debriefing

12. A service provider that has used or permitted the use of physical restraint on a child or young person for whom it provides a service shall ensure that a debriefing is conducted in accordance with the following rules:

1. A debriefing process must be conducted among the persons who were involved in the use of the physical restraint, in the absence of any children or young persons.

2. A second debriefing process must be conducted among the persons mentioned in paragraph 1 and the child or young person on whom the physical restraint was used.

3. A third debriefing process must be offered to be conducted among any children or young persons who witnessed the use of the physical restraint and must be conducted if any such children or young persons wish to participate in the debriefing process.

4. The debriefing processes referred to in paragraphs 2 and 3 must be structured to accommodate any child or young person’s psychological and emotional needs and cognitive capacity.

5. Subject to paragraph 6, the debriefing processes referred to in paragraphs 1 to 3 must be conducted within 48 hours after the use of the physical restraint.

6. If the circumstances do not permit a debriefing process to take place within 48 hours after the physical restraint is used, the debriefing process must be conducted as soon as possible after the 48-hour period referred to in paragraph 5, and a record must be kept of the circumstances which prevented the debriefing process from being conducted within the 48-hour period.

7. The service provider must record the following:

i. The date and time of each debriefing, the names and, if applicable, titles of the persons involved in each debriefing and the duration of each debriefing.

ii. The name of each child or young person for whom a debriefing was offered in accordance with paragraph 3 and who indicated that they did not wish to participate in the debriefing process.

iii. A description of the efforts made to conduct the debriefing processes required by this section that includes the names of the persons who made those efforts.

Service provider to notify parent

13. (1) A service provider that has used or permitted the use of physical restraint on a child or young person for whom it provides a service shall notify the child or young person’s parent and, in the case of a child in care, the placing agency or person who has placed the child.

(2) Subsection (1) does not apply to a society or a licensee who holds a licence issued under Part VIII of the Act who uses or permits the use of physical restraint on a child that the society or licensee has placed for adoption.

Record re use of physical restraint

14. (1) A service provider shall ensure that a record is created of each instance of the use of physical restraint on a child or young person, and the record shall include the following:

1. The name and age of the child or young person on whom the physical restraint was used.

2. The dates and times when physical restraint was used and the name and title of the person or persons who used it.

3. A description of the risk referred to in paragraph 1 of subsection 10 (1) that existed before the physical restraint was used.

4. A description of the alternatives to the use of physical restraint that were considered and why those alternatives were not used.

5. The type or types of physical restraint used.

6. The time period during which the physical restraint was used.

7. All documentation related to assessment and monitoring of the child or young person while they were physically restrained, including assessments of the child’s or young person’s medical condition while being physically restrained.

8. The date and time when the child or young person ceased being physically restrained.

9. Documentation relating to notification and attempted notification under section 13 of the child or young person’s parent and, in the case of a child in care, the placing agency or person who has placed the child.

(2) The service provider shall keep the record in the file of the child or young person.

Monthly, annual records

15. (1) A service provider that uses or permits the use of physical restraint shall maintain the records required by this section.

(2) The service provider shall, for every month, maintain a written record that summarizes every instance of the use of physical restraint on a child or young person for whom it provides a service, including the following for each instance:

1. The name and age of each child or young person who was physically restrained.

2. The dates and time periods during which the physical restraint was used in respect of each child or young person.

3. A description of the risk referred to in paragraph 1 of subsection 10 (1) that existed before the physical restraint was used.

(3) The service provider shall make the record available to,

(a) in the case of a child who is not a young person, a Director, upon request; or

(b) in the case of a young person, a provincial director, upon request.

(4) The service provider shall, for every month, prepare a written analysis of every instance of the use of physical restraint in order to ensure that the physical restraint was used in accordance with this Regulation.

(5) The service provider shall make an analysis available to,

(a) in the case of a child who is not a young person, a Director, upon request; or

(b) in the case of a young person, a provincial director, upon request.

(6) The service provider shall, at least once every calendar year, ensure that a written evaluation is conducted respecting,

(a) the effectiveness of the policy required by subsection 11 (1); and

(b) whether changes or improvements to the policies are required, particularly with respect to whether changes are required to minimize the use of physical restraint.

Training and education, licensee of a children’s residence

16. (1) Subject to subsection (2), this section applies in respect of a service provider that is licensed to operate a children’s residence, including a licensee that does not use or permit the use of physical restraint.

(2) This section only applies in respect of a licensee who is an individual if that individual provides direct care to a child or young person in the course of the licensee’s provision of a service to a child or young person.

(3) The licensee shall ensure that all persons who provide direct care to a child or young person in the course of the licensee’s provision of a service to the child or young person complete the following training on the use of physical restraint:

1. A training program that includes training in the use of physical restraint that is approved by the Minister, including training in a particular holding technique that may be used.

2. All refresher courses required by the program referred to in paragraph 1.

3. Training on the use of less intrusive intervention measures.

(4) The licensee shall ensure that all persons who provide direct care to a child or young person in the course of the licensee’s provision of a service to the child or young person complete education in respect of a matter described in Column 1 of the following Table within the time period set out opposite the matter in Column 2 of the Table.

TABLE

Item

Column 1
Matter in respect of which education is required

Column 2
Time period for completion

1.

The provisions of the Act and this Regulation concerning the use of physical restraint

Within 30 days after the day this section comes into force and within 30 days after any amendment to the Act or this Regulation concerning the use of physical restraint comes into force.

2.

The policies established by the Ministry concerning the use of physical restraint

Within 30 days after each new or revised policy established by the Ministry concerning the use of physical restraint is received by the service provider.

3.

The service provider’s policy concerning the use of physical restraint required under section 11

Within 30 days after each new or revised policy of the service provider required under section 11 is established or amended.

 

Training and education, other service provider

17. (1) Subject to subsection (2), this section applies in respect of a service provider that is not a licensee of a children’s residence.

(2) This section only applies in respect of a service provider who is an individual if that individual provides direct care to a child or young person in the course of the service provider’s provision of a service to the child or young person.

(3) Except in the case of a service provider that does not use or permit the use of physical restraint, the service provider shall ensure that all persons who provide direct care to a child or young person in the course of the service provider’s provision of a service to the child or young person, including foster parents, complete the following training:

1. Training on the use of physical restraint, including training in a particular holding technique that may be used.

2. All refresher courses, if any, that are required by the training referred to in paragraph 1.

3. Training on the use of less intrusive intervention measures.

(4) The service provider shall ensure that all persons who provide direct care to a child or young person in the course of the service provider’s provision of a service to the child or young person, including foster parents, complete education in respect of each matter described in Column 1 of the Table to subsection 16 (4) within the time period set out opposite the matter in Column 2 of the Table.

Person who commences providing direct care

18. Despite the requirements set out in sections 16 and 17 with respect to education, if a person commences providing direct care to a child or young person in the context of a service provider’s provision of a service to that child or young person, the service provider shall ensure that the person completes education required by the applicable section within 30 days after the person commences providing direct care.

Records re training and education

19. (1) The service provider shall maintain a written record of the training and education provided to each person in accordance with section 16, 17 or 18, the date the training and education was provided and the details of the training and education.

(2) The service provider shall make the record available to a Director upon request. 

Assessment re education

20. (1) This section applies to a service provider each time a person, including the service provider, who provides direct care to a child or young person in the course of the service provider’s provision of a service to a child or young person, is required to complete education requirements under section 16, 17 or 18.

(2) The service provider shall ensure that each time the person is required to complete an education requirement under section 16, 17 or 18, and at least on an annual basis, the person is immediately assessed after their completion of the education requirement to determine their understanding of and ability to apply the education.

(3) If the assessment identifies a deficiency in a person’s understanding of and ability to apply the matters in respect of which education is required, the service provider shall ensure that the person completes additional education until their understanding of and ability to apply the education is satisfactory.

(4) The service provider shall ensure that a written record is prepared of the date on which each assessment took place and the results of the assessment, including whether or not the person’s understanding of and ability to apply the education is satisfactory for the purposes of paragraph 6 of subsection 10 (1).

(5) The service provider shall make the record available to a Director upon request. 

Use of Mechanical Restraint – Section 7 of the Act

Mechanical restraints – plan of treatment, etc.

21. (1) In this section,

“health practitioner” means a member of a College under the Regulated Health Professions Act, 1991 or a person designated by the Minister; (“praticien de la santé”)

“PASD” means a personal assistance service device, being a device used to assist a child or young person with hygiene, washing, dressing, grooming, eating, drinking, elimination, ambulation or positioning or any other routine activity of living; (“appareil d’aide personnelle”)

“plan of treatment” and “substitute decision-maker” have the same meaning as in the Health Care Consent Act, 1996. (“plan de traitement”, “mandataire special”)

(2) A service provider may use or permit the use of a mechanical restraint on a child or young person for whom the service provider is providing a service if the use is authorized by,

(a) a plan of treatment to which the child or young person, or their substitute decision-maker, has consented in accordance with the Health Care Consent Act, 1996; or

(b) a plan for the use of a PASD that is a mechanical restraint to which the child or young person, or their nearest relative as defined in subsection 21 (1) of the Act, has consented.

(3) For the purposes of clause (2) (b), a plan for the use of a PASD means a plan that is developed by one or more health practitioners and provides for how a PASD that is a mechanical restraint will assist a child or young person with hygiene, washing, dressing, grooming, eating, drinking, elimination, ambulation or positioning or any other routine activity of living.

(4) In circumstances where this section and section 160 of the Act would apply to the use of mechanical restraints on a child in a secure treatment program, section 160 of the Act applies and this section does not apply.

(5) A service provider shall ensure that the use of mechanical restraints under this section is carried out in accordance with the following rules:

1. Mechanical restraints shall not be used on a child or young person for the purposes of punishment or solely for the convenience of the service provider, foster parent or staff member who is providing the service.

2. Mechanical restraints must be applied using the least amount of force that is necessary in the circumstances.

3. The service provider shall ensure that the child or young person being restrained by the use of mechanical restraints is monitored on a regular basis and in accordance with any instructions or recommendations provided in the child or young person’s plan of treatment or plan for the use of a PASD.

4. Mechanical restraints must be removed immediately upon the earliest of the following:

i. When there is a risk that their use will endanger the health or safety of the child or young person.

ii. When the continued use of the mechanical restraints would no longer be authorized by the plan of treatment or plan for the use of a PASD.

(6) A service provider shall ensure that mechanical restraints used under this section,

(a) are applied in accordance with the manufacturer’s instructions, if any;

(b) are maintained in good condition in accordance with the manufacturer’s instructions, if any; and

(c) are not altered except for adjustments made in accordance with the manufacturer’s instructions, if any.

(7) A service provider shall ensure that a staff member or foster parent who is permitted to use a mechanical restraint on a child or young person under this section has received the necessary training, instruction or education to allow the staff member or foster parent to use the mechanical restraint in accordance with the child or young person’s plan of treatment or plan for the use of a PASD.

(8) A service provider shall maintain written records regarding the use of a mechanical restraint on a child or young person under this section and those records shall include,

(a) information that is necessary to demonstrate that use of the mechanical restraint was in conformity with the child or young person’s plan of treatment or plan for the use of a PASD; and

(b) the names of every staff member or foster parent who was permitted to use mechanical restraints on the child or young person and a description of the training, instruction or education that the staff member or foster parent received.

(9) A service provider that uses or permits the use of a mechanical restraint under this section shall develop and maintain policies regarding the following:

1. Protocols that must be followed in monitoring and assessing a child or young person’s condition while a mechanical restraint is being used.

2. Protocols for developing and maintaining records required under subsection (8).

(10) The following rules apply, despite any other subsection of this section, with respect to the period beginning on the day this section comes into force and ending on the day that is 60 days later:

1. Subsections (1), (4) and (6) apply and subsections (2), (3), (5), (7), (8) and (9) do not apply.

2. A service provider may use or permit the use of a mechanical restraint on a child or young person for whom the service provider is providing a service if the mechanical restraint is used as part of the child or young person’s treatment, as defined in subsection 2 (1) of the Health Care Consent Act, 1996, or if the mechanical restraint is a PASD.

3. A service provider shall ensure that the use of mechanical restraints under this section is carried out in accordance with the following rules:

i. Mechanical restraints shall not be used on a child or young person for the purposes of punishment or solely for the convenience of the service provider, foster parent or staff member who is providing the service.

ii. Mechanical restraints must be applied using the least amount of force that is necessary in the circumstances.

iii. The service provider shall ensure that the child or young person being restrained by the use of mechanical restraints is monitored on a regular basis.

iv. Mechanical restraints must be removed immediately when there is a risk that their use will endanger the health or safety of the child or young person.

Complaints Procedure

Complaints procedure re residential care, placements

22. (1) A service provider who provides residential care to children or young persons or who places children or young persons in residential placements shall ensure that their written complaints procedure under subsection 18 (1) of the Act meets the requirements of this section.

(2) The written procedure shall set out,

(a) how a child in care may make a complaint, either verbally or in writing, with respect to alleged violations of the rights of the child in care under Part II of the Act to,

(i) a staff member or a foster parent, either in private or in the presence of other children or young persons, and

(ii) the service provider or a person designated by the service provider;

(b) how the parent of a child in care or other person representing the child in care may make a complaint, either verbally or in writing, with respect to alleged violations of the rights of the child in care under Part II of the Act to,

(i) a staff member or a foster parent, and

(ii) the service provider or a person designated by the service provider;

(c) how an individual affected by conditions or limitations on visitors imposed under subsection 11 (1) of the Act may make a complaint, either verbally or in writing, respecting those conditions or limitations to,

(i) a staff member, and

(ii) the service provider or a person designated by the service provider; and

(d) how an individual affected by the suspension of visits to a facility under subsection 11 (2) of the Act may make a complaint, either verbally or in writing, respecting the suspension to,

(i) a staff member, and

(ii) the service provider or a person designated by the service provider.

Note: Subsection 22 (3) comes into force on January 1, 2019.

(3) In addition to the requirements set out in the Act, the written procedure shall,

(a) require a staff member, a foster parent or the service provider to make a record of any complaint described in clause (2) (a), (b) or (c) that is made verbally;

(b) set out timelines for responding to a complaint, including a requirement that the service provider or a person designated by the service provider must provide an acknowledgement of a complaint within 24 hours of receiving it;

(c) require the service provider to, within 24 hours of receiving a complaint, determine what, if any, immediate action can be taken to respond to the complaint and what, if any, supports the child in care or the person making the complaint may require in order to participate in the complaints review process; and

(d) require the service provider, until the results of a complaints review have been provided under subsection 18 (4) of the Act to the person who made the complaint, to provide an update to the person on the status of the review,

(i) if requested by the person, and

(ii) at such other times as necessary to ensure that the person receives an update on the review no later than 30 days after the service provider receives the complaint and subsequently at intervals of no more than 30 days.

Complaints procedure re other services

23. (1) A service provider, other than a society or a service provider who provides residential care to children or young persons or who places children or young persons in residential placements, shall establish and follow a written complaints procedure that meets the requirements of subsection (2).

(2) The complaints procedure shall,

(a) allow for any person to make a complaint respecting alleged violations of a child or young person’s rights under sections 3 to 7 of the Act in a manner that is accessible to the person making the complaint;

(b) allow for complaints to be made anonymously;

(c) require the service provider, as soon as possible in the circumstances but before the end of the business day following the day on which the complaint was received by the service provider, to,

(i) except if the complaint is made anonymously, acknowledge receipt of the complaint in writing,

(ii) determine whether, without deciding upon the merits of the complaint, any immediate action can be taken to prevent the alleged violation from occurring or recurring or mitigating any possible harm to any child or young person in respect of whose rights the complaint is made that could be caused by the alleged violation,

(iii) except if the complaint is made anonymously, determine what, if any, supports the person making the complaint may require in order to participate in a review of the complaint;

(d) in the case of a complaint made by a child or young person, require the service provider to tell the child or young person that they may contact the Provincial Advocate for Children and Youth in order to determine what, if any, assistance the Advocate may be able to provide to the child or young person;

(e) set out a process for complaints received to be considered and responded to by a person other than a person in respect of whom the complaint is made, if possible;

(f) subject to subsection (3), require the service provider, until a response to a complaint has been provided under clause (g), to provide an update to the person who made the complaint and any child or young person in respect of whose rights the complaint is made,

(i) if requested by the person or by the child or young person, and

(ii) at such other times as necessary to ensure that the person and the child or young person receives an update respecting the complaint no later than 30 days after the service provider receives the complaint and subsequently at intervals of no more than 30 days;

(g) subject to subsection (3), require the service provider to inform in writing the person who made the complaint and any child or young person in respect of whose rights the complaint is made, of what, if anything, the service provider has decided to do in response to the complaint;

(h) require the service provider to obtain the consent of the child or young person in respect of whose rights the complaint is made before disclosing any of the child or young person’s personal information in the circumstances described in clauses (f) and (g);

(i) require the service provider to make reasonable efforts to ensure that any person who is informed of the results of a review understands the results; and

(j) require the service provider to document the details of the complaint and the steps taken in response to the complaint in the file of a child or young person in respect of whose rights the complaint is made.

(3) The requirements in clauses (2) (f) and (g) do not apply in respect of the person who made the complaint if the complaint was made anonymously.

Lead Agencies – Child and Youth Mental Health

Category established

24. The category of Child and Youth Mental Health is established as a category of lead agencies for the purposes of subsection 30 (4) of the Act.

Functions

25. The functions of a lead agency assigned by the Minister under subsection 30 (4) of the Act to the category of Child and Youth Mental Health are the following:

1. To support the Ministry and work closely with the Ministry and service providers in addressing issues relating to the delivery of services within the child and youth mental health system in the geographic area served by the lead agency.

2. To develop plans referred to in section 26 with respect to the geographic area served by the lead agency in accordance with section 26 and to provide leadership on the implementation of local priorities respecting child and youth mental health as set out in the plans.

3. To provide leadership, including through collaboration with service providers, community providers, youth and families, with respect to services funded by the Minister within the child and youth mental health system.

4. To inform the Ministry’s stewardship of the child and youth mental health system, including providing the Ministry with recommendations relating to the Ministry’s decisions regarding services funded by the Minister within the child and youth mental health system.

5. To advise on, participate in and contribute to effective performance of services funded by the Minister within the child and youth mental health system and to collaborate with partners to inform effective performance within the system.

6. To advise on, participate in and contribute to the development of strategies for continuous quality improvement within the services funded by the Minister within the child and youth mental health system and to collaborate with partners to inform the development of strategies for continuous quality improvement within the system.

7. To provide information to the Ministry to inform the establishment of provincial priorities respecting child and youth mental health.

8. To advise the Ministry on matters that affect children and youth with mental health issues across all services provided to children and youth.

Child and youth mental health plans

26. (1) In order to inform the Ministry and service providers, community providers, youth and families with respect to the child and youth mental health system in the geographic area served by a lead agency, each lead agency shall develop child and youth mental health plans in respect of the geographic area served by the lead agency.

(2) The plans shall address such matters as may be specified by the Ministry and shall be prepared in the manner specified by the Ministry.

(3) The lead agency shall ensure that,

(a) the plans include reference to the needs and perspectives of children, youth and families and diverse populations within the geographic area, including but not limited to the perspectives of Francophone communities and First Nations, Inuit and Métis peoples; and

(b) the plans are developed through a collaborative process that considers the needs and perspectives of service providers and community providers, including all providers of services to children and youth, including health and education services.

(4) In order to address identified gaps between services provided and identified priorities within the geographic area, the lead agency shall ensure that the plans include such recommendations as the lead agency considers to be appropriate to the Ministry with respect to the following:

1. Funding by the Minister of various services within the child and youth mental health system, including funding provided to service providers.

2. Adjustments to service targets and the number of services funded by the Minister within the child and youth mental health system.

Minister’s directives

27. For the purposes of subsection 32 (2) of the Act, the Minister may issue directives to lead agencies in the category of Child and Youth Mental Health with respect to the following:

1. Financial and administrative matters related to the functions set out in section 25.

2. The performance of the functions set out in section 25.

Board Review of Placement

New community listed, Board review already commenced

28. (1) This section applies in respect of any review conducted by the Board under section 66 of the Act if,

(a) a new First Nations, Inuit or Métis community is listed in a regulation made under subsection 68 (1) of the Act after the Board begins to conduct its review but before it has made a determination in respect of the review; and

(b) the new First Nations, Inuit or Métis community listed is one of the child’s communities.

(2) Subject to subsection (3), if the Board is holding a hearing as part of the review and has completed the hearing on or before the day the new First Nations, Inuit or Métis community is listed but has not made a determination in respect of the review on or before that day, clause 66 (4) (c) of the Act does not apply in respect of the new community and the parties to the review are those who were parties immediately before the new community was listed.

(3) Subsection (2) does not apply if the Board is satisfied that it would be in the best interests of the child for clause 66 (4) (c) of the Act to apply and makes an order to that effect.

Child Protection – General

Power of entry

29. A person entering a premises under subsection 81 (11) or 86 (3) of the Act shall produce identification, including evidence of appointment or authorization, as the case may be, on request of the occupier.

Application for telewarrant for access to record

30. (1) To apply for a warrant under section 132 of the Act, a Director or a person designated by a society may, instead of submitting to the justice an information on oath, submit to the justice by fax an information that is not on oath but that includes a written statement, signed by the Director or the person designated by the society, stating that all matters contained in the information are true to their knowledge and belief.

(2) A written statement described in subsection (1) shall be deemed to be a statement made under oath.

(3) A justice who receives by fax an information described in subsection (1) shall, as soon as practicable, cause the information, certified by the justice as to the place, time and date of its receipt, to be filed with the clerk of the court having jurisdiction in the area where the warrant is to be executed.

(4) A justice who issues a warrant under subsection 132 (3) of the Act on the basis of an information submitted by fax under subsection (1) shall,

(a) complete and sign the warrant, noting on its face the date on which, and the time and place at which, it was issued;

(b) send the warrant by fax to the Director or person designated by a society who submitted the information; and

(c) as soon as practicable after the warrant is issued, cause it to be filed with the clerk of the court having jurisdiction in the area where the warrant is to be executed.

Exemptions, licensing requirement re place of safety

31. (1) Subject to subsection (3), a society is exempt from the requirement for a licence under section 244 of the Act in respect of the provision of residential care in a person’s home for up to 60 days after a child has been placed in the person’s home.

(2) Subject to subsection (3), a person is exempt from the requirement for a licence under section 244 of the Act in respect of the provision of residential care in the person’s home for up to 60 days after a child has been placed in the person’s home by a society.

(3) The exemption in subsection (1) or (2) applies only if the society is satisfied that the person whose home is being used for the provision of residential care is willing and able to provide a place of safety for the purposes of subsection 74 (4) of the Act.

Application for review of proposed removal of a child in extended society care

32. (1) An application requesting a review of a proposed removal under subsection 109 (8) of the Act shall be submitted in writing to the Board.

(2) For the purposes of subsection 109 (11) of the Act, the following additional practices and procedures are prescribed:

1. Within seven days of receipt of an application for a review under subsection 109 (8) of the Act, the Board shall give the applicant written notice of whether the applicant is eligible for a review under section 109 of the Act.

2. If the Board determines that the applicant is eligible for a review, the notice referred to in paragraph 1 shall set out the date and time of the hearing and shall be sent to all parties.

3. The application for review shall be heard by the Board within 20 days of the day the applicant received notice of eligibility under paragraph 1.

4. A decision and reasons under subsection 109 (15) of the Act shall be sent to all parties no later than 10 days after the end of a hearing.

(3) Notice under subsection (2) may be given by regular mail or by fax.

(4) If notice is sent by regular mail, it shall be sent to the most recent address known to the society and is deemed to be received by the applicant on the fifth day after it is mailed.

(5) If notice is sent by fax, it is deemed to be received on the day after it is sent, unless that day is a holiday, in which case the copy is deemed to be received on the next day that is not a holiday.

Director’s powers and duties re child abuse register

33.  (1) In this section,

“Director” means the Director within the meaning of subsection 133 (1) of the Act.

(2) Upon receiving an inquiry from a society that a child is or may be suffering or may have suffered abuse within the meaning of subsection 127 (2) of the Act, the Director shall forthwith notify the society whether any person referred to in the information received by the society has been previously identified in the register, the date of any such prior identification and the society or other agency that reported the prior identification.

(3) The Director shall record the information reported under subsection 133 (3) of the Act.

(4) The Director shall maintain information in the register established under subsection 133 (5) of the Act for at least 25 years from the date of the recording of the information unless the information has been previously expunged or amended pursuant to a decision by the Director.

(5) The Director may extend the period of time within which a report must be made to the Director under subsection 34 (1) of Ontario Regulation 156/18 (General Matters Under the Authority of the Minister) made under the Act.

Note: On the day section 7 of Schedule 3 to the Supporting Children, Youth and Families Act, 2017 comes into force, section 33 of the Regulation is revoked. (See: O. Reg. 155/18, s. 116 (1))

Court Ordered Assessments

Timing of assessment

34. (1) A court may order an assessment under section 98 of the Act if the criteria set out in subsection 98 (2) of the Act are satisfied and,

(a) the court has received evidence, held a temporary care and custody hearing and made an order pursuant to subsection 94 (2) of the Act;

(b) the court has made a finding that a child is in need of protection pursuant to subsection 74 (2) of the Act; or

(c) all parties to the proceeding consent to the order being made.

(2) An order under clause (1) (c) may be made at any time during the proceeding.

Contents of assessment order

35. (1) In an assessment order, the court shall include the following:

1. The reason the assessment is necessary.

2. The specific questions that are to be addressed by the person performing the assessment.

3. What questions, if any, specifically require recommendations.

4. The time period for completing and filing the assessment report.

(2) Without limiting the generality of the questions that are to be addressed by the person performing the assessment under paragraph 2 of subsection (1), the court may order that some or all of the following be assessed:

1. The parenting capabilities of the proposed participants in the child’s plan of care, including those attributes, skills and abilities most relevant to the child protection concerns.

2. Whether the proposed participants in the child’s plan of care have any psychiatric, psychological or other disorder or condition which may impact upon their ability to care for the child.

3. The nature of the child’s attachment to a proposed participant in the child’s plan of care and the possible effects on the child of continuing or severing that relationship.

4. The psychological functioning and developmental needs of the child, including any vulnerabilities and special needs.

5. The current and potential abilities of the proposed participants in the child’s plan of care to meet the needs of the child, including an evaluation of the relationship between the child and the proposed participants in the child’s plan of care.

6. The need for and likelihood of success of clinical interventions for observed problems.

Contents of assessment report

36. Without limiting the generality of the contents of an assessment report, every assessment report shall include the following:

1. A resumé of the person performing the assessment outlining,

i. the assessor’s academic and professional qualifications and credentials, including any publications relevant to the questions being addressed, and

ii. information regarding the type and number of assessments previously conducted by the assessor.

2. A schedule setting out,

i. a summary of the instructions received, whether written or oral,

ii. a list of the questions upon which an opinion is sought, and 

iii. a list of the materials provided and considered.

3. A schedule setting out the methodology used in carrying out the assessment, including the interviews, observations, measurements, examinations and tests, and whether or not they were conducted or carried out under the assessor’s supervision. 

4. The reasons and factual basis for any conclusions drawn by the assessor.

5. A direct response to the questions presented to the assessor in the assessment order, or an explanation of why these questions could not be addressed.

6. Recommendations where these were required of the assessor, or an explanation of why recommendations could not be made.

Board Review of Complaint to Society

Application for review of complaint

37. (1) An application requesting a review of a complaint under subsection 119 (5) or 120 (3) of the Act shall be submitted in writing to the Board.

(2) The Board shall forward a copy of the application requesting the review to the society that is the subject of the complaint.

Eligibility of complaint for review

38. (1) The Board shall determine whether a request for a review of a complaint is eligible for review under section 119 or 120 of the Act within seven days after receiving the request and the Board shall notify the complainant and the society of its decision in writing.

(2) If the complaint is not eligible for review, the notice shall include reasons in writing as to why it is not eligible.

Board to send notice, etc., if request eligible for review

39. If a request for review of a complaint is eligible for review, the Board shall send to the complainant and the society, within 20 days after its decision on eligibility,

(a) the order or other disposition of the Board under subsection 119 (10) or 120 (7) of the Act; or

(b) a notice that a hearing may be held under subsection 119 (8) of the Act.

Pre-hearing conference

40. (1) If the Board decides that a hearing may be held to review a complaint, the Board shall first hold a pre-hearing conference.

(2) The notice of a hearing under clause 39 (b) shall include the date and location of the pre-hearing conference.

(3) The pre-hearing conference shall be held within 40 days after the Board’s decision on eligibility under section 38.

Attendance at pre-hearing conference

41. (1) The chair of the Board shall designate a member of the Board to conduct the pre-hearing conference.

(2) Subject to subsection (3), the member presiding at the pre-hearing conference may determine who may attend the conference.

(3) The complainant, a representative chosen by each of the complainant’s bands and First Nations, Métis or Inuit communities, where appropriate, and one other person of the complainant’s choosing and the society may attend the pre-hearing conference.

(4) A pre-hearing conference may be held by conference telephone or using electronic technology that allows persons to hear one another, unless the complainant or the society satisfies the member presiding at the pre-hearing conference that to do so is likely to cause the complainant or the society, as the case may be, significant prejudice.

(5) In a pre-hearing conference held by electronic means, all the participants and the member conducting the conference must be able to hear one another throughout the conference.

Contents of pre-hearing conference

42. At the pre-hearing conference, the member of the Board who is presiding may direct the complainant and the society to consider,

(a) the settlement of any or all of the issues;

(b) the simplification of the issues;

(c) facts or evidence that may be agreed upon;

(d) the dates by which any steps in the proceeding are to be taken or begun;

(e) the estimated duration of the hearing; and

(f) any other matter that may assist in the just and expeditious disposition of the proceeding.

Summary of pre-hearing results

43. The Board shall send a summary of the results of the pre-hearing conference in writing to the complainant and society within 10 days after the conclusion of the pre-hearing conference.

Additional pre-hearing conferences

44. (1) The Board may require one or more additional pre-hearing conferences to be held.

(2) If the Board requires an additional pre-hearing conference to be held, the Board shall send to the complainant and the society notice of the pre-hearing conference indicating where and when it is to be held.

(3) Sections 41 and 42 apply to additional pre-hearing conferences, and, if one or more additional pre-hearing conferences are held, section 43 applies with the following modifications:

1. The Board may send a single summary of the results of all of the pre-hearing conferences that were held.

2. If the Board sends a single summary, it shall send the summary to the complainant and the society within 10 days after the conclusion of the final pre-hearing conference.

Notice of hearing

45. If the Board has determined that a hearing shall proceed, the Board shall include with the summary of the results of the pre-hearing conference a notice of the date and location of the hearing, which shall be held within 60 days after the Board’s decision on eligibility under section 38.

Attendance at hearing

46. (1) Subject to subsection (2), the Board may determine who may attend the hearing.

(2) The society, the complainant, a representative of the each of the complainant’s bands and First Nations, Métis or Inuit communities, where appropriate, and one other person of the complainant’s choosing may attend the hearing.

(3) A hearing may be held by conference telephone or using electronic technology that allows persons to hear one another, unless the complainant or the society satisfies the Board that to do so is likely to cause the complainant or the society, as the case may be, significant prejudice.

(4) In a hearing held by electronic means, all the participants and the Board must be able to hear one another throughout the hearing.

Written hearing

47. A hearing may be held in writing by the exchange of documents in written or electronic form, unless the complainant or the society satisfies the Board that there is good reason for not doing so.

Hearing may be held in different formats

48. Subject to subsection 46 (3) and section 47, a hearing may be held by any combination of electronic means, written means and in person attendance.

Member excluded

49. The Board member who presided at the pre-hearing conference held with respect to the complaint shall not preside at the hearing reviewing the complaint unless the complainant and the society consent.

Power to prevent abuse of process

50. In order to provide for the just and expeditious resolution of a proceeding arising from an application requesting a review of a complaint under subsection 119 (5) or 120 (3) of the Act, the Board may make such orders and give such directions in the proceeding as it considers proper to prevent abuse of its processes.

Board decision

51. If a hearing is held to review a complaint, the Board shall provide to the complainant and the society its decision with respect to the complaint with reasons in writing within 30 days after the conclusion of the hearing.

Application for review re alleged inaccuracy in society’s records

52. (1) For the purposes of paragraph 2 of subsection 119 (5) of the Act, if a complaint relates to an alleged inaccuracy in the society’s records regarding the complainant, the complainant may apply to the Board for a review of the decision made by the society upon completion of the complaint review procedure.

(2) For the purposes of clause 119 (10) (d) of the Act, upon completing its review of a decision by a society in relation to a complaint, the Board may, in the case of a review of a matter described in subsection (1), order that a notice of disagreement be added to the complainant’s file.

Note: On January 1, 2020, the day section 315 of Schedule 1 to the Supporting Children, Youth and Families Act, 2017 comes into force, section 52 of the Regulation is revoked. (See: O. Reg. 155/18, s. 116 (2))

Power to vary time

53. The Board may lengthen or shorten any time period set out in section 38, 39, 40, 43, 44, 45 or 51 with respect to a review, if doing so is necessary or advisable for the just and expeditious disposition of the review.

Proceedings Under Part V of the Act – First Nations, Inuit or Métis Communities

New community listed, proceeding already commenced

54. (1) This section applies in respect of any proceeding under Part V of the Act in respect of a First Nations, Inuk or Métis child if a new First Nations, Inuit or Métis community is listed in a regulation made under subsection 68 (1) of the Act after the proceeding has commenced and before the proceeding has concluded.

(2) Despite any determination made under clause 90 (2) (b) of the Act in respect of the child, the court shall, as soon as practicable, determine under clause 90 (2) (b) of the Act whether the new First Nations, Inuit or Métis community listed is one of the child’s communities.

(3) If it is determined that the new First Nations, Inuit or Métis community listed is one of the child’s communities, paragraph 4 of subsection 79 (1) of the Act applies in respect of that community, unless the court is satisfied that it would not be in the child’s best interests for that provision to apply in respect of the new community and makes an order stating that the parties to the proceeding are those who were parties immediately before the new community was listed.

(4) Despite subsection (3), if a court has completed its hearing of a proceeding in respect of a child before the day the new First Nations, Inuit or Métis community is listed but reserved its decision, the parties to the proceeding are those who were parties immediately before the new community was listed unless the court is satisfied that it would be in the best interests of the child for paragraph 4 of subsection 79 (1) of the Act to apply in respect of the new community and makes an order to that effect.

New community listed, notice of proposed removal already given

55. (1) This section applies if,

(a) a new First Nations, Inuit or Métis community is listed in a regulation made under subsection 68 (1) of the Act on or after the day a society gives notice under subsection 109 (7) of the Act in respect of the proposed removal of a child from a foster parent; and

(b) the new First Nations, Inuit or Métis community listed is one of the child’s First Nations, Inuit or Métis communities.

(2) If the time for applying for a review of the proposed removal as mentioned in subsection 109 (8) of the Act has not expired before the day the new First Nations, Inuit or Métis community is listed, the society shall give notice to any representative of the new community in accordance with subclause 109 (7) (b) (i) of the Act.

(3) If the time for applying for a review of the proposed removal as mentioned in subsection 109 (8) of the Act has expired before the day the new First Nations, Inuit or Métis community is listed, clause 109 (7) (b) of the Act does not apply in respect of the new community.

(4) Upon receipt of an application for review of the decision,

(a) the Board shall give notice of the application and of the date of the hearing to those who were parties to the hearing immediately before the new First Nations, Inuit or Métis community was listed and to any representative to whom notice was given under subsection (2); and

(b) subsection 109 (10) of the Act does not apply.

(5) Any person to whom notice was given as described in clause (4) (a) is a party to a hearing in respect of the application and paragraph 3 of subsection 109 (13) does not apply.

Custody Review Board

Custody Review Board, review of placement of probationers

56. (1) In addition to the duties of the Custody Review Board set out in section 152 of the Act, the Board shall review the placement of probationers who are ordered by the youth justice court under paragraph 55 (2) (g) of the Youth Criminal Justice Act (Canada) to reside at a place specified by a provincial director where the place is a place of open custody.

(2) An application by a young person for a review under subsection (1) shall be made within 30 days of the placement at the place specified by the provincial director.

(3) Subsections 152 (3), (4), (5) and (6) of the Act apply with necessary modifications to a review by the Board in respect of an application under subsection (2).

(4) After conducting a review, the Board may confirm the placement or, if the Board is of the opinion that the place where the young person resides is not appropriate to meet the young person’s needs, recommend to the provincial director that the young person be transferred to another place.

Hearings

57. (1) If the Board holds a hearing in respect of an application under section 152 of the Act or under section 56 of this Regulation, a young person may be represented at the hearing by a parent or other person of the young person’s choice.

(2) The Board shall conduct reviews and hearings in an informal manner and in the absence of the public.

(3) The provincial director shall co-operate with the Board in the conduct of the reviews and shall provide the Board with documents and other information with respect to reviews when requested by the Board to do so.

(4) The Board shall make its recommendations under subsection 152 (7) of the Act and subsection 56 (4) of this Regulation in writing to the provincial director and shall provide a copy of the written recommendations to the young person and their representative.

Mechanical Restraints – Section 156 of the Act (Places of Secure Custody or of Secure Temporary Detention)

Definition of “significant property damage”

58. For the purposes of subparagraph 1 iii of subsection 156 (2) of the Act, an imminent risk that a young person would cause significant property damage, if mechanical restraints are not used, only exists if there is also an imminent risk of personal harm to the young person or another person.

Application of ss. 60 to 65

59. (1) Subject to subsections (2) and (3), sections 60 to 65 apply with respect to the use of mechanical restraints at a place of secure custody or of secure temporary detention in accordance with section 156 of the Act.

(2) Sections 60 to 65 do not apply with respect to the use of mechanical restraints in circumstances where the rules set out in section 66 apply.

(3) Sections 60 to 65 do not apply with respect to the use of mechanical restraints at a place of secure custody or of secure temporary detention if the mechanical restraints are used in accordance with section 21.

Rules re use of mechanical restraints

60. A person in charge of a place of secure custody or of secure temporary detention shall ensure that the use of mechanical restraints on a young person while the young person is detained in the place is carried out in accordance with the following rules:

1. Only mechanical restraints that have been approved by a provincial director may be used.

2. Mechanical restraints must be applied using the least amount of force that is necessary in the circumstances, having regard to the risk referred to in paragraph 1 of subsection 156 (2) of the Act.

3. The type of mechanical restraint used must be the least intrusive that is necessary in the circumstances, having regard to the risk referred to in paragraph 1 of subsection 156 (2) of the Act.

4. The use of more than one mechanical restraint on a young person at the same time is permitted only if the person applying the mechanical restraint determines that a single restraint is insufficient in the circumstances, having regard to the risk referred to in paragraph 1 of subsection 156 (2) of the Act.

5. A young person must never be secured by mechanical restraint to a fixed object.

6. If a mechanical restraint is applied while a young person is in the prone position with their hands behind their back, the young person must be placed in a sitting or standing position as soon as possible after the mechanical restraint has been applied.

7. The young person must be continuously observed by a responsible person and that person shall record their observations in the young person’s case record.

8. The person in charge of the place shall review the continued need for using the mechanical restraints within 15 minutes after the restraints are applied or as soon as possible after 15 minutes has elapsed and then at regular intervals, not exceeding 30 minutes, thereafter. When reviewing the continued need for the use of mechanical restraints, the person in charge of the place shall consider whether there is an alternative to the use of mechanical restraints that would be effective to reduce or eliminate the risk referred to in paragraph 1 of subsection 156 (2) of the Act.

9. Mechanical restraints must not be used for a continuous period in excess of two hours, unless an extension is authorized, on a case-by-case basis, by a provincial director.

10. Mechanical restraints must be removed immediately upon the earliest of the following:

i. When there is a risk that the mechanical restraint will endanger the health or safety of the young person.

ii. When an alternative to the use of mechanical restraints would be effective to reduce or eliminate the risk referred to in paragraph 1 of subsection 156 (2) of the Act.

iii. When the risk referred to in paragraph 1 of subsection 156 (2) of the Act is no longer present.

Debriefing

61. A person in charge of a place of secure custody or of secure temporary detention shall ensure that when mechanical restraints are used on a young person who is detained in a place of secure custody or of secure temporary detention, a debriefing is conducted in accordance with the following rules:

1. One debriefing process must be conducted among the staff members of the place who were involved in the use of the mechanical restraints.

2. Another debriefing process must be conducted among the persons mentioned in paragraph 1 and the young person who was placed in mechanical restraints, and this process must be structured to accommodate the young person’s psychological and emotional needs and cognitive capacity.

3. Subject to paragraph 4, the debriefing processes referred to in paragraphs 1 and 2 must be conducted within 48 hours after the mechanical restraints are removed.

4. If circumstances do not permit a debriefing process to take place within 48 hours after the mechanical restraints are removed, the debriefing process must be conducted as soon as possible after the 48-hour period referred to in paragraph 3 and a record must be kept of the circumstances which prevented the debriefing process from being conducted within the 48-hour period.

Records

62. A person in charge of a place of secure custody or of secure temporary detention shall maintain a written record of each instance of the use of mechanical restraints on a young person who is detained in a place of secure custody or of secure temporary detention and the record shall include the following:

1. The name and age of the young person who was restrained by the use of mechanical restraints.

2. The dates and times when mechanical restraints were used and the name and title of the person or persons who applied them.

3. A description of the circumstances and the imminent risk referred to in paragraph 1 of subsection 156 (2) of the Act that existed before the mechanical restraints were used.

4. A description of the alternatives to the use of mechanical restraints that were considered and why those alternatives were not used.

5. The name and title of the person who approved the use of the mechanical restraints and, if an authorization for an extension of time is granted under paragraph 9 of section 60, the name of the provincial director who authorized the extension.

6. The type or types of mechanical restraints that were used.

7. The duration of time that the mechanical restraints were used.

8. All documentation related to assessment and monitoring of the young person while they were restrained by the use of mechanical restraints.

9. The date and time when the mechanical restraints were removed, the name and title of the person who removed them and a description of the care that the young person received after they were removed.

Monthly summaries

63. (1) A person in charge of a place of secure custody or of secure temporary detention shall, for every month, maintain a written record that summarizes every instance of the use of mechanical restraints on a young person at the place for that month and the record shall include the following in respect of each instance:

1. The name and age of each young person who was restrained by the use of mechanical restraints.

2. The dates and the duration of time that the mechanical restraints were used in respect of each young person.

3. A description of the circumstances and the imminent risk referred to in paragraph 1 of subsection 156 (2) of the Act that existed before the mechanical restraints were used.

(2) The person in charge of the place of secure custody or of a secure temporary detention shall provide a copy of the record required under subsection (1) in respect of a month to a provincial director on or before the fifth day of the following month.

Training and education

64. (1) A person in charge of a place of secure custody or of secure temporary detention shall ensure that the following training and education is successfully completed by all staff members who provide direct care to young persons at the place:

1. Training in the use of mechanical restraints that have been approved by a provincial director for use in the place.

2. Education respecting the following subject matters:

i. The provisions of the Act and of this Regulation concerning the use of mechanical restraints in a place of secure custody or of secure temporary detention.

ii. The policies and standards established by the Ministry concerning the use of mechanical restraints.

iii. The policies of the place of secure custody or secure temporary detention, as required under section 65.

(2) If a staff member commences employment at a place of secure custody or of secure temporary detention, the person in charge of the place shall ensure that the new staff member’s training and education described in paragraphs 1 and 2 of subsection (1) is completed within 30 days after the person commences employment.

(3) The person in charge of the place of secure custody or of secure temporary detention shall ensure that the training and education of current staff members is completed within the following time periods:

1. With respect to the training in the use of mechanical restraints under paragraph 1 of subsection (1), within 30 days after a new type of mechanical restraint is approved by a provincial director.

2. With respect to the subject matter described in subparagraph 2 i of subsection (1), within 30 days after this section comes into force and within 30 days after any amendment to the Act or this Regulation concerning the use of mechanical restraints comes into force.

3. With respect to the subject matter described in subparagraph 2 ii of subsection (1), within 30 days after each new or revised Ministry policy or standard concerning the use of mechanical restraints is received by the person in charge of the place of secure custody or of secure temporary detention.

4. With respect to the subject matter described in subparagraph 2 iii of subsection (1), within 30 days after each new or revised policy referred to in that subparagraph is established or revised.

(4) The person in charge of the place of secure custody or of secure temporary detention shall maintain a written record of the training and education provided to each staff member and the date the training and education was provided.

Policies

65. (1) A service provider that operates a place of secure custody or of secure temporary detention where mechanical restraints are used shall develop and maintain policies regarding the following:

1. The measures that staff members must take to prevent and minimize the use of mechanical restraints.

2. The interventions that must be employed or considered for the purpose of preventing  a young person from physically injuring or further physically injuring themself or others, in order to avoid the need to use mechanical restraints.

3. The titles or positions of staff members who are authorized to apply a mechanical restraint on a young person or release a young person from a mechanical restraint, and the training that those staff members must complete.

4. Protocols that must be followed in monitoring and assessing a young person’s condition while mechanical restraints are being used.

5. Protocols related to ensuring that all relevant staff members are notified when mechanical restraints are and continue to be used on a young person.

(2) A service provider that operates a place of secure custody or of secure temporary detention shall ensure that,

(a) on a monthly basis, an evaluation of the use of mechanical restraints is performed to ensure that every use of mechanical restraints is carried out in accordance with the Act and the regulations; and

(b) at least once every calendar year, an evaluation is performed to determine,

(i) the effectiveness of the policies required under subsection (1), and

(ii) whether changes or improvements to the policies are required, particularly with respect to whether changes or improvements are required to minimize the use of mechanical restraints.

Transportation, etc.

66. The following rules apply regarding the use of mechanical restraints on a young person who is detained in a place of secure custody or of secure temporary detention during the transportation of the young person to another place of custody or detention, or to or from court or the community, including while the young person is being escorted in the community by one or more staff members of a place of secure custody or of secure temporary detention:

1. Only mechanical restraints that have been approved by a provincial director for use on a young person may be used.

2. The person in charge of the place of secure custody or of secure temporary detention shall identify which staff members are authorized to apply a mechanical restraint on a young person.

3. The type of mechanical restraint used on a young person must be the least intrusive that is necessary in the circumstances, having regard to,

i. the health and safety of the young person or of any other person, and

ii. the risk that the young person would escape if mechanical restraints were not used.

4. The use of more than one mechanical restraint on a young person at the same time is permitted only if the person applying the mechanical restraint determines that a single restraint is insufficient in the circumstances, having regard the factors set out in subparagraphs 3 i and ii.

5. A staff member who is escorting a young person must check the young person regularly to ensure that the mechanical restraint is secure and is as comfortable as possible.

6. A mechanical restraint must be removed immediately if there is a risk that the mechanical restraint will endanger the health or safety of the young person.

7. If the young person’s hands are secured by mechanical restraints, they must be secured in front of their body.

8. A young person must never be secured by mechanical restraint to any part of a vehicle or to any fixed object whether inside or outside the vehicle or to any other person. However, a staff member may use a mechanical restraint to secure a young person by a single limb to a hospital bed.

Searches under Section 155 of the Act

Definitions

67. For the purposes of sections 68 to 70,

“body cavity” means the rectum or the vagina; (“cavité corporelle”)

“body cavity search” means the physical probing of a body cavity. (“fouille des cavités corporelles”)

Rules respecting searches

68. A search authorized by a person in charge of a place of open custody, of secure custody or of temporary detention shall be carried out in accordance with the following rules:

1. In no circumstance shall a search involve a body cavity search.

2. All searches shall be conducted in a manner that,

i. respects the dignity of the person being searched and does not subject the person to undue embarrassment or humiliation,

ii. considers the cultural, religious and spiritual beliefs of the person being searched,

iii. respects any personal property or clothing that has cultural, religious or spiritual value to the person being searched, and

iv. respects any personal property so that it will not be wilfully discarded, broken or misplaced.

3. A person shall be given the opportunity to express their views as to how any of the following searches are conducted:

i. A search of the person.

ii. A search of the person’s property.

iii. A search of a bedroom used by a young person in place of open custody, of secure custody or of temporary detention, but only if the search also involves the young person’s property.

4. A search that could involve physical contact between the staff member and the person being searched or the removal of some or all clothes, other than outer garments, of the person being searched may only be performed on a young person and the following rules apply to such searches:

i. At least two staff members shall be present for the search.

ii. The young person being searched shall not be searched by a person of the opposite sex unless the person who authorized the search has reasonable cause to believe that an immediate search is necessary because the young person is concealing contraband that poses an immediate threat to the safety of young persons, staff members or any other person in the place, or to the safety or security of the place.

iii. Despite subparagraph ii and unless the person who authorized the search has reasonable cause to believe that an immediate search is necessary because the young person is concealing contraband that poses an immediate threat to the safety of young persons, staff members or any other person in the place or to the safety or security of the place, a trans young person shall have the option of,

A. requesting that the search be conducted by only a male staff member,

B. requesting that the search be conducted by only a female staff member, or

C. requesting that the search be conducted by staff members of both sexes and identifying how each of those persons may perform the search.

Procedures re searches

69. (1) A person in charge of a place of open custody, of secure custody or of temporary detention shall develop and maintain written procedures with respect to searches of the person of a young person or the property of a young person, which shall include the following:

1. A description of the different types of searches that may be conducted and the circumstances when those different types of searches may be conducted, based on the principle that the least intrusive search should be conducted whenever possible. 

2. Procedures to be followed when a young person refuses a search, resists a search or fails to co-operate with a search.

3. Procedures to be followed in circumstances where there is a reasonable cause to believe that a young person is concealing an item in a body cavity that may affect the health of the young person or pose a threat to the safety of young persons, staff members or any other person in the place, or to the security of the place.

(2) A person in charge of a place of open custody, of secure custody or of temporary  detention shall do the following:

1. Post conspicuous notices stating that all persons, vehicles and items entering or exiting the place may be searched in accordance with the Act and the regulations.

2. Advise a person before they are searched or their property or vehicle is searched of any policies governing searches that have been established in accordance with the Act and the regulations, including providing a description of all search equipment that may be used at the place and describing the circumstances when the equipment may be used.

Records

70. A person in charge of a place of open custody, of secure custody or of temporary detention shall maintain a written record of every search and the record shall include the following information:

1. If the search was of a person or of a person’s property, the name of the person who was searched or who is identified as the owner of the property that was searched.

2. If the search was of the place of open custody, of secure custody or of temporary detention, a description of the area or part of the place that was searched.

3. If a person was given the opportunity under paragraph 3 of section 68 to express their views as to how a search was to be conducted, a description of the views they expressed and what, if anything, was done in response to those views.

4. If the search was of a vehicle entering or on the premises of the place of open custody, of secure custody or of temporary detention, a description of the vehicle and the area of the vehicle or the part of the vehicle that was searched.

5. The reason for the search.

6. If a young person refuses a search, resists a search or fails to co-operate with a search, the action taken as result of the refusal, resistance or failure to co-operate.

7. If there is reasonable cause to believe that a young person is concealing an item in a body cavity, the basis for that belief and the action taken as a result of that belief.

8. A description of any property seized, discarded, broken or misplaced during the search.

9. Any action taken as a result of the search.

Training and education

71. (1) A person in charge of a place of open custody, of secure custody or of temporary detention shall ensure that the following training and education is successfully completed by all staff members who provide direct care to young persons at the place:

1. Training related to how to conduct the searches referred to in section 155 of the Act that the person in charge of the place has authorized.

2. Education respecting the following subject matters:

i. The provisions of the Act and of this Regulation concerning searches referred to in section 155 of the Act that the person in charge of the place has authorized.

ii. The policies and standards established by the Ministry concerning searches under section 155 of the Act.

iii. The procedures of the place of open custody, of secure custody or of temporary detention, as required under section 69.

(2) If a staff member commences employment at a place of open custody, of secure custody or of temporary detention, the person in charge of the place shall ensure that the new staff member’s training and education described in paragraphs 1 and 2 of subsection (1) is completed within 30 days after the person commences employment.

(3) The person in charge of the place of open custody, of secure custody or of temporary detention shall ensure that the education and training of staff members is completed within the following time periods:

1. With respect to the subject matter described in subparagraph 2 i of subsection (1), within 30 days after this section comes into force and within 30 days after any amendment to the Act or this Regulation concerning searches comes into force.

2. With respect to the subject matter described in subparagraph 2 ii of subsection (1), within 30 days after each new or revised Ministry policy or standard concerning searches under section 155 of the Act is received by the person in charge of the place of open custody, of secure custody or of temporary detention.

3. With respect to the subject matter described in subparagraph 2 iii of subsection (1), within 30 days after each new or revised procedure referred to in that subparagraph is established.

(4) The person in charge of the place of open custody, of secure custody or of temporary detention shall maintain a written record of the training and education provided to each staff member and the date the training and education was provided.

Contraband – seizure

72. (1) A person in charge of a place of open custody, of secure custody or of temporary detention shall maintain a written record of contraband that is seized during the search of a young person, their property or their bedroom and the record shall include the following:

1. The name of the young person who was searched or whose property or bedroom was searched.

2. The number of items seized.

3. A description of every item seized, including any identifying marks.

4. The location where the item was seized.

5. The reason the item was seized.

6. The date and time the item was seized.

7. The name of the person who seized the item.

(2) The following rules apply with respect to contraband that has been seized:

1. If the owner of the item is not known at the time of its seizure and, in the opinion of the person in charge of the place, the keeping of the item would not pose a threat to the safety and security of the place, the person in charge of the place shall ensure that the item is kept for at least 30 days after the seizure, during which time reasonable efforts must be made to locate the owner of the item. 

2. The person in charge of the place must ensure that the appropriate police force is notified if the person in charge of the place suspects that the item is connected to an alleged criminal offence.

3. The following apply if the owner of the item is known or becomes known, the person in charge of the place does not suspect that the item is connected to an alleged criminal offence and the keeping the item would not, in the opinion of the person in charge of the place, pose a threat to the safety and security of the place:

i. If the young person wishes the item to be returned, the person in charge of the place must hold the item in trust for the owner and return it to them when they are released or discharged from the place.

ii. If the young person does not wish for the item to be returned, the person in charge of the place must record details of the item’s disposal in the young person’s case record.

Contraband – disposal

73. (1) If a person in charge of a place of open custody, of secure custody or of temporary detention authorizes the disposal of contraband, the disposal must be carried out in accordance with the following rules:

1. If the person in charge of the place has informed a police force about the item, the person in charge of the place must comply with any direction provided by the police force with respect to the item’s disposal.

2. The person in charge of the place must destroy the item if both of the following apply:

i. The person in charge of the place does not suspect that the item is connected to an alleged criminal offence.

ii. In the opinion of the person in charge of the place, keeping the item would pose a threat to the safety and security of the place.

3. The person in charge of the place must either donate the item to a local not-for-profit organization or destroy the item if all of the following apply:

i. The person in charge of the place does not suspect that the item is connected to an alleged criminal offence.

ii. In the opinion of the person in charge of the place, keeping the item would not pose a threat to the safety and security of the place.

iii. The owner of the item is not known after reasonable efforts to locate the owner have been made in accordance with paragraph 1 of subsection 72 (2) or, if the owner is known, they do not wish for the item to be returned to them.

(2) The person in charge of the place shall ensure that a written record is maintained with respect to contraband that is disposed of, which shall include the following information:

1. A description of the item, how it was disposed of and the reason why it was disposed of in that way.

2. The date of the item’s disposal.

3. The name and title of the person who carried out the disposal.

4. The name and title of the person who authorized the disposal.

Note: Sections 74 to 84 come into force on January 1, 2019.

Mechanical Restraints – Section 160 of the Act (Secure Treatment Programs)

Application of ss. 75 to 82

74. Sections 75 to 82 apply with respect to a secure treatment program in which the administrator has, under section 160 of the Act, chosen to use or to permit the use of mechanical restraints on a child.

Requirement to obtain order re use of mechanical restraints

75. (1) Immediately before or as soon as possible after mechanical restraints are applied to a child, the administrator shall ensure that an order made by a psychiatrist or other person designated by the Minister authorizing their use is obtained.

(2) The following rules apply with respect to an order made under this section:

1. An order may be made only after an emergency situation referred to in clause 160 (3) (b) of the Act arises.

2. The order may be made orally or in writing.  If the order is initially made orally, the psychiatrist or other person designated by the Minister must ensure that the order is reflected in writing as soon as possible afterwards.

3. The order must describe the behaviour that is to be controlled by the use of mechanical restraints.

4. The order must set out the length of time during which the mechanical restraints may be used, subject to the following rules:

i. The maximum length of time that may be set out in the order is 12 hours from the time when the mechanical restraints were applied or, in the case of a new order that is made while an order is still in effect, from the time that the new order is made.

ii. If the service provider’s policy sets out a maximum length of time that is shorter than 12 hours, the maximum length of time set out in the policy applies.

(3) A new order may be made by a psychiatrist or other person designated by the Minister while an existing order is in effect.

(4) A psychiatrist or other person designated by the Minister who makes an order under this section shall do the following:

1. As soon as possible after the order is made, assess the child in person to determine whether to authorize the continued use of mechanical restraints on the child. However, in no circumstance shall the assessment be conducted later than two hours after the order is made.

2. Make a written record of the assessment referred to in paragraph 1, including the reasons for the determination of whether to authorize the continued use of the mechanical restraints.

(5) Mechanical restraints must be removed from a child immediately upon the earliest of the following:

1. When there is a risk that the mechanical restraint will endanger the health or safety of the child.

2. When the emergency situation referred to in clause 160 (3) (b) of the Act is no longer present.

3. When an alternative to the use of mechanical restraints would be effective to prevent serious bodily harm to the child or others.

4. When an order under this section is not obtained within two hours after the mechanical restraints were applied.

5. When a psychiatrist or other person designated by the Minister determines that an order under this section should not be made.

6. When the psychiatrist or other person designated by the Minister who made the order fails to assess the child in accordance with paragraph 1 of subsection (4).

7. When, after assessing the child in accordance with paragraph 1 of subsection (4), the psychiatrist or other person designated by the Minister does not authorize the continued use of the mechanical restraints.

8. When the length of time set out in the order for the use of mechanical restraints has expired and a new order has not been made before that time.

(6) Mechanical restraints that are removed may be applied again to a child without the need for a new order if all of the following circumstances exist:

1. The mechanical restraints were removed because the emergency situation referred to in clause 160 (3) (b) of the Act was no longer present or an alternative to the use of mechanical restraints was effective to prevent serious bodily harm to the child or others.

2. The order that was in effect when the mechanical restraints were removed has not expired.

3. An emergency situation referred to in clause 160 (3) (b) of the Act arises after the mechanical restraints were removed.

(7) If mechanical restraints are applied to a child again under subsection (6), the order that was in effect when the mechanical restraints were removed continues to be in effect as if the mechanical restraints had not been removed.

Rules re use of mechanical restraints

76. An administrator shall ensure that the use of mechanical restraints on a child in a secure treatment program is carried out in accordance with the following rules:

1. Mechanical restraints must not be used on a child as a means of punishment.

2. Only mechanical restraints that have been approved by the administrator may be used.

3. Mechanical restraints must be applied using the least amount of force that is necessary in the circumstances, having regard to the emergency situation referred to in clause 160 (3) (b) of the Act.

4. The type of mechanical restraint used must be the least intrusive that is necessary in the circumstances, having regard to the emergency situation referred to in clause 160 (3) (b) of the Act.

5. The use of more than one mechanical restraint on a child at the same time is permitted only if the person applying the mechanical restraint determines that a single restraint is insufficient in the circumstances, having regard to the emergency situation referred to in clause 160 (3) (b) of the Act.

6. Mechanical restraints must not be used unless alternatives to the use of mechanical restraints would not be, or have not been, effective to address the emergency situation referred to in clause 160 (3) (b) of the Act.

7. A child must never be secured by mechanical restraint to a fixed object. However, a child may be secured by mechanical restraint to a bed, but only if the mechanical restraint is specifically designed to be used in conjunction with a bed.

8. A child must never be secured by mechanical restraint to another person.

9. If a mechanical restraint is applied while a child is in the prone position with their hands behind their back, the child must be placed in a sitting or standing position as soon as possible after the mechanical restraint has been applied.

10. The child must be continuously observed, in person, by a responsible person and that person shall record their observations in the child’s case record.

11. The administrator shall ensure that the monitoring and assessment of the child’s condition while restrained is conducted in accordance with the service provider’s policy required under subsection 160 (4) of the Act and any instructions provided by the psychiatrist or other person designated by the Minister in their order made under section 75 of this Regulation.

12. The child must be frequently repositioned or permitted to ambulate while restrained, in accordance with the service provider’s policy required under subsection 160 (4) of the Act and any instructions provided by the psychiatrist or other person designated by the Minister in their order made under section 75 of this Regulation.

13. The administrator shall review the continued need for using the mechanical restraints within 15 minutes after the restraints are applied or as soon as possible after 15 minutes have elapsed and then at regular intervals, not exceeding 15 minutes, thereafter. When reviewing the continued need for the use of mechanical restraints, the administrator shall consider whether there is an alternative to the use of mechanical restraints that would be effective to address the emergency situation referred to in clause 160 (3) (b) of the Act.

14. The administrator shall ensure that medical assessments are conducted and any necessary medical care is provided in accordance with any instructions provided by the psychiatrist or other person designated by the Minister in their order made under section 75 of this Regulation.

Debriefing

77. An administrator shall ensure that when mechanical restraints are used on a child in a secure treatment program, a debriefing is conducted in accordance with the service provider’s policy required under subsection 160 (4) of the Act and the following rules:

1. One debriefing process must be conducted among the staff members who were involved in the use of the mechanical restraints in the secure treatment program.

2. Another debriefing process must be conducted among the persons mentioned in paragraph 1 and the child who was placed in mechanical restraints, and this process must be structured to accommodate the child’s psychological and emotional needs and cognitive capacity.

3. Subject to paragraph 4, the debriefing processes referred to in paragraphs 1 and 2 must be conducted within 48 hours after the mechanical restraints are removed.

4. If circumstances do not permit a debriefing process to take place within 48 hours after the mechanical restraints are removed, the debriefing process must be conducted as soon as possible after the 48-hour period referred to in paragraph 3 and a record must be kept of the circumstances which prevented the debriefing process from being conducted within the 48-hour period.

5. The administrator must record the date and time of each debriefing process, the names and titles of the persons involved in each process and the duration of each session.

6. The administrator must consider the results of each debriefing process to determine whether revisions to a child’s plan referred to in section 82 may be required.

Records

78. (1) An administrator shall maintain a written record of each instance of the use of mechanical restraints on a child in a secure treatment program and the record shall include the following:

1. The name and age of the child who was restrained by the use of mechanical restraints.

2. The dates and times when mechanical restraints were used and the name and title of the person or persons who applied them.

3. A description of the emergency situation referred to in clause 160 (3) (b) of the Act that was present before the mechanical restraints were used.

4. A description of the alternatives to the use of mechanical restraints that were considered and why those alternatives were not used.

5. The name and title of the psychiatrist or other person designated by the Minister who made an order under section 75, and any instructions provided by that person or by the order in relation to the use of the mechanical restraints.

6. The type or types of mechanical restraints that were used.

7. The duration of time that the mechanical restraints were used.

8. All documentation related to assessment and monitoring of the child while they were restrained by the use of mechanical restraints, including assessments of the child’s medical condition while restrained by the use of mechanical restraints.

9. The date and time when the mechanical restraints were removed, the name and title of the person who removed them and a description of the care that the child received after they were removed.

(2) The administrator shall, for every month, maintain a written record that summarizes every instance of the use of mechanical restraints on a child in the secure treatment program for that month and the record shall include the following in respect of each instance:

1. The name and age of each child who was restrained by the use of mechanical restraints.

2. The dates and the duration of time that the mechanical restraints were used in respect of each child.

3. A description of the emergency situation referred to in clause 160 (3) (b) of the Act that was present before the mechanical restraints were used.

(3) The administrator shall provide a copy of the record required under subsection (2) in respect of a month to a Director on or before the fifth day of the following month.

Training and education

79. (1) An administrator shall ensure that the following training and education is successfully completed by all staff members who provide direct care to children in a secure treatment program:

1. Training in the use of mechanical restraints used in the secure treatment program.

2. Training in how to minimize the use of mechanical restraints in the secure treatment program.

3. Education respecting the following subject matters:

i. The provisions of the Act and of this Regulation concerning the use of mechanical restraints in a secure treatment program.

ii. The policies and standards established by the Ministry concerning the use of mechanical restraints in a secure treatment program.

iii. The service provider’s policy on the use of mechanical restraints required under subsection 160 (4) of the Act.

(2) If a staff member commences employment in a secure treatment program, the administrator shall ensure that the new staff member’s training and education described in paragraphs 1, 2 and 3 of subsection (1) is completed within 30 days after the person commences employment.

(3) An administrator shall ensure that the training and education of current staff members is completed within the following time periods:

1. With respect to the training in the use of mechanical restraints under paragraph 1 of subsection (1), within 30 days after a new type of mechanical restraint is approved by the administrator.

2. With respect to the subject matter described in subparagraph 3 i of subsection (1), within 30 days after each new provision of the Act or this Regulation concerning the use of mechanical restraints comes into force.

3. With respect to the subject matter described in subparagraph 3 ii of subsection (1), within 30 days after each new or revised Ministry policy or standard concerning the use of mechanical restraints in a secure treatment program is received by the administrator.

4. With respect to the subject matter described in subparagraph 3 iii of subsection (1), within 30 days after the policy referred to in that subparagraph is established or revised.

(4) The administrator shall maintain a written record of the training and education provided to each staff member and the date the training and education was provided.

Policy on the use of mechanical restraints

80. (1) The policy on the use of mechanical restraints that a service provider is required to establish under subsection 160 (4) of the Act must contain the following:

1. The measures that staff members must take to prevent and minimize the use of mechanical restraints.

2. The interventions that must be employed or considered for the purpose of preventing a child from physically injuring or further physically injuring themself or others, in order to avoid the need to use mechanical restraints.

3. The type or types of mechanical restraints that have been approved for use in the secure treatment program.

4. Protocols for developing and maintaining plans required under section 82.

5. The titles or positions of staff members who are authorized to apply a mechanical restraint on a child or release a child from a mechanical restraint, and the training that those staff members must complete.

6. Protocols that must be followed in monitoring and assessing a child’s condition while mechanical restraints are being used and following their use.

7. Protocols related to ensuring that all relevant staff members are notified when mechanical restraints are and continue to be used on a child.

8. Protocols related to the repositioning of a child while mechanical restraints are being used and to the assisting of a child to ambulate while mechanical restraints are being used, including setting out how frequently the child must be repositioned or must receive assistance to ambulate.

9. Protocols respecting orders referred to in section 75, including the form in which an order must be provided.

10. Protocols related to post-restraint procedures, including debriefings.

11. Protocols related to evaluations of the use of mechanical restraints required under subsection (2).

(2) An administrator shall ensure that,

(a) on a monthly basis, an evaluation of the use of mechanical restraints is performed to ensure that every use of mechanical restraints is carried out in accordance with the Act and the regulations; and

(b) at least once every calendar year, an evaluation is performed to determine,

(i) the effectiveness of the policy required under subsection 160 (4) of the Act, and

(ii) whether changes or improvements to the policy are required, particularly with respect to whether changes or improvements are required to minimize the use of mechanical restraints.

Maintenance of mechanical restraints

81. An administrator shall ensure that mechanical restraints used in a secure treatment program,

(a) are applied in accordance with the manufacturer’s instructions, if any;

(b) are maintained in good condition in accordance with the manufacturer’s instructions, if any; and

(c) are not altered except for adjustments made in accordance with the manufacturer’s instructions, if any.

Plan re behaviour intervention strategies

82. (1) An administrator shall develop a written plan for each child in a secure treatment program that focuses on positive behaviour intervention strategies for the purposes of preventing the use of mechanical restraints and developing alternatives to the use of mechanical restraints.

(2) The child and their parent shall be invited to participate in the development of the plan and, for the purposes of clause 43 (1) (h) of the Personal Health Information Protection Act, 2004, a disclosure of personal health information by a health information custodian, within the meaning of that Act, to a parent under this section is deemed to be for the purposes of complying with this Regulation.

(3) The child’s wishes with respect to behaviour intervention strategies shall be documented in the plan and considered as part of the development and implementation of the plan.

(4) The plan shall be regularly re-evaluated and updated based on observations or concerns expressed by the child or their parent.

Minister’s directives

83. For the purpose of subsection 252 (1) of the Act, the use of mechanical restraints in a secure treatment program is a prescribed matter.

Admission procedures re secure treatment programs

84. Subject to section 294 of the Act, the counsel or agent representing a child who is the subject of an application or order under Part VII of the Act is entitled to examine and to copy the record prepared in respect of the child and maintained by any service provider.

Secure De-escalation Rooms

Standards re secure de-escalation rooms

85. (1) The following standards apply with respect to a secure de-escalation room:

1. The room must not be used as a bedroom for any child or young person.

2. No more than one child or young person may be placed in the room at one time.

3. The room must contain a window that is unbreakable or some other means of observing the child or young person.

4. The room must contain lighting that is adequate to ensure compliance with subsection 174 (5) of the Act and paragraph 1 of subsection 174 (9) of the Act.

5. The room must not contain objects that could be used by the child or young person as instruments of injury or damage.

6. The room must be adequately ventilated and be maintained at not less than 17 degrees Celsius.

7. The room must be maintained in a sanitary condition.

(2) Despite subsection (1), a secure de-escalation room may be used as a bedroom where a young person is held in a facility that is a place of secure temporary detention or a place of secure custody.

Frequency of reviews – s. 174 (6) of the Act

86. (1) The following rules apply for the purposes of subsection 174 (6) of the Act:

1. If a young person who is under 16 or a child is kept in a secure de-escalation room for more than one hour, the person in charge of the premises in which the room is located shall review the continued need to keep the child or young person in the room at the end of the first hour and at least every 30 minutes thereafter.

2. If a young person who is 16 or older is kept in a secure de-escalation room in a place of secure custody or of secure temporary detention for more than one hour, the person in charge of the premises shall review the continued need to keep the young person in the room at the end of the first hour and at least every 60 minutes thereafter.

(2) Despite paragraphs 1 and 2 of subsection (1), the following rules apply in circumstances where a young person who, while restrained by the use of mechanical restraints, is placed in a secure de-escalation room in a place of secure custody or of secure temporary detention:

1. The person in charge of the premises shall review the continued need to keep the young person in the secure de-escalation room at the same time that the person reviews the continued need for using the mechanical restraints as required under paragraph 8 of section 60. 

2. If the mechanical restraints are removed while the young person is in the secure de-escalation room, the person in charge of the premises shall,

i. review the continued need to keep the young person in the room 30 minutes after the mechanical restraints are removed and at least every 30 minutes thereafter, if the young person is under 16, or

ii. review the continued need to keep the young person in the room 60 minutes after the mechanical restraints are removed and at least every 60 minutes thereafter, if the young person is 16 or older.

Policies and procedures

87. (1) A service provider shall develop and maintain written policies and procedures with respect to the use of a secure de-escalation room on the premises of the provider where it is proposed to place a child or young person in a secure de-escalation room.

(2) The policies and procedures referred to in subsection (1) shall be reviewed with each staff member who is involved in the use of a secure de-escalation room upon the initial orientation of the staff member and at least annually thereafter.

Records

88. A service provider shall maintain a written record of each instance of the use of a secure de-escalation room that shall include the following:

1. The name and age of the child or young person placed in a secure de-escalation room.

2. The date and time when the child or young person was placed in a secure de-escalation room.

3. The date and time when the child or young person was released from a secure de-escalation room.

4. The duration of time that the child or young person was kept in a secure de-escalation room.

5. The reasons for the service provider’s opinion that the criteria set out in subclauses 174 (3) (a) (i) and (ii) of the Act were met.

6. If the child was younger than 12, a description of the exceptional circumstances referred to in clause 174 (3) (b) of the Act.

7. A description of the alternatives to the use of a secure de-escalation room that were considered and why those alternatives were not used.

8. The name and title of the person who approved the placement of the child or young person in a secure de-escalation room and, if an extension under paragraph 5 of subsection 174 (9) of the Act was approved, the name of the provincial director who gave the approval.

9. All documentation related to assessments and monitoring of the child or young person while they were kept in a secure de-escalation room.

Monthly summaries

89. (1) A service provider shall maintain,

(a) a written record, for every month, that summarizes each instance of the use of a secure de-escalation room in respect of a child for that month; and

(b) a written record, for every month, that summarizes each instance of the use of a secure de-escalation room in respect of a young person for that month.

(2) The monthly records required under subsection (1) shall include the following with respect to each instance of the use of a secure de-escalation room:

1. The name and age of the child or young person.

2. The dates and duration of the use of the secure de-escalation room.

3. The reasons for the service provider’s opinion that the criteria set out in subclauses 174 (3) (a) (i) and (ii) of the Act were met.

4. If the child was younger than 12, a description of the exceptional circumstances referred to in clause 174 (3) (b) of the Act.

(3) A service provider shall provide,

(a) a copy of the record required under clause (1) (a) in respect of a month to a Director on or before the fifth day of the following month; and

(b) a copy of the record required under clause (1) (b) in respect of a month to a provincial director on or before the fifth day of the following month.

(4) A Director may, at any time, request a service provider to provide a copy of a written record required under clause (1) (a) to the Director.

(5) A provincial director may, at any time, request a service provider to provide a copy of a written record required under clause (1) (b) to the provincial director.

Director to inspect premises, room

90. For the purposes of subsection 173 (1) of the Act, a Director who receives an application for approval of a locked room shall inspect the premises and the room to be approved to determine whether the room can be approved for use for the de-escalation of situations and behaviour involving children or young persons.

Psychotropic Drugs

Psychotropic drugs

91. (1) The following anti-psychotic drugs are prescribed as psychotropic drugs:

1. Chlorpromazine.

2. Chlorprothixene.

3. Droperidol.

4. Fluphenazine.

5. Fluspirilene.

6. Haloperidol.

7. Loxapine.

8. Mesoridazine.

9. Methotrimeprazine.

10. Pericyazine.

11. Perphenazine.

12. Piperacetazine.

13. Pipotiazine.

14. Prochlorperazine.

15. Promazine.

16. Thiethylperazine.

17. Thiopropazate.

18. Thioproperazine.

19. Thioridazine.

20. Thiothixene.

21. Trifluoperazine.

(2) The following anti-depressant drugs are prescribed as psychotropic drugs:

1. Amitriptyline.

2. Amoxapine.

3. Clomipramine.

4. Desipramine.

5. Doxepin.

6. Imipramine.

7. Isocarboxazid.

8. Loxapine.

9. Maprotiline.

10. Nortriptyline.

11. Phenelzine.

12. Protriptyline.

13. Tranylcypromine.

14. Trazodone.

15. Trimipramine.

(3) The following sedative and hypnotic drugs are prescribed as psychotropic drugs:

1. Alprazolam.

2. Barbituric Acid Derivatives.

3. Chloral Hydrate.

4. Ethchlorvynol.

5. Flurazepam.

6. Glutethimide.

7. Lorazepam.

8. Methaqualone.

9. Methyprylon.

10. Nitrazepam.

11. Paraldehyde.

12. Temazepam.

13. Triazolam.

(4) The following anti-anxiety drugs are prescribed as psychotropic drugs:

1. Alprazolam.

2. Bromazepam.

3. Chlordiazepoxide.

4. Chlormezanone.

5. Clonazepam.

6. Clorazepic acid.

7. Diazepam.

8. Hydroxyzine.

9. Ketazolam.

10. Lorazepam.

11. Meprobamate.

12. Oxazepam.

(5) The following anti-hyperkinetic drugs are prescribed as psychotropic drugs:

1. Amphetamine.

2. Deanol.

3. Dextroamphetamine.

4. Methylphenidate.

(6) The following anti-manic drug is prescribed as a psychotropic drug:

1. Lithium Carbonate.

Adoption

Definitions

92. In this section and sections 93 to 112,

“adoption agency” means a licensee or a society; (“agence d’adoption”)

“licensee” means a person acting under the authority of a licence issued by a Director under section 229 of the Act; (“titulaire de permis”)

“Part VIII birth parent” means a person, other than a foster parent, who satisfies the criteria set out in section 93; (“parent de naissance - partie VIII”)

“VSA birth parent” means a birth parent within the meaning of the Vital Statistics Act. (“parent de naissance - LSEC”)

Part VIII birth parent, criteria

93. A person who satisfies one of the following criteria in relation to a child is a Part VIII birth parent of the child:

1. A parent of the child under sections 6 to 13 of the Children’s Law Reform Act.

2. An individual who has been found or recognized by a court of competent jurisdiction outside Ontario to be a parent of the child.

3. An individual who, during the 12 months before the child is placed for adoption under Part VIII of the Act, has demonstrated a settled intention to treat the child as a child of the individual’s family, or has acknowledged parentage of the child and provided for the child’s support.

4. An individual who, under a written agreement or a court order, is required to provide for the child, has custody of the child or has a right of access to the child.

5. An individual who acknowledged parentage of the child by filing a statutory declaration under section 12 of the Children’s Law Reform Act as it read before the day subsection 1 (1) of the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016 came into force.

6. Any person, other than those referred to in paragraphs 1 to 5, who was required to give consent to the child’s adoption under clause 180 (2) (a) of the Act.

Openness

94. (1) For the purposes of openness orders under Part VIII of the Act and openness agreements under section 212 of the Act,

“openness” includes written, verbal or face to face contact or communication where,

(a) the communication may be direct or indirect and may permit the disclosure of identifying or non-identifying information, and

(b) the frequency of contact or communication may vary from episodic to ongoing.

(2) For the purposes of subsection (1),

“non-identifying information” means information which, when disclosed either alone or in combination with other information, does not reveal the identity of the person to whom it relates.

Consent to adoption

95. (1) For the purposes of clause 180 (4) (b) of the Act, before the parent of a child consents to the adoption of the child under clause 180 (2) (a) of the Act, the adoption agency that is placing the child for adoption shall advise the parent of the matters described in subsection (2) or (3), as the case may be.

(2) If the child being placed for adoption has not been previously adopted, the adoption agency shall advise the parent of,

(a) the right of persons to obtain non-identifying information under section 9 of Ontario Regulation 158/18 (Adoption Information Disclosure) made under the Act and the categories of persons who are entitled to obtain the information;

(b) the right of persons to have their name added to the adoption disclosure register under section 7 of Ontario Regulation 158/18 and the categories of persons who are entitled to have their name added to the register;

(c) the right of persons to request a search in cases of severe medical illness under section 11 of Ontario Regulation 158/18 and the categories of persons who are entitled to request the search; and

(d) the following rights under the Vital Statistics Act of a person who is an adopted person or a VSA birth parent:

(i) the right of an adopted person to obtain uncertified copies of a birth registration and of an adoption order under section 48.1 of the Vital Statistics Act,

(ii) the right of a VSA birth parent to obtain information under section 48.2 of the Vital Statistics Act,

(iii) the right of an adopted person and of a VSA birth parent to register a notice of preferred manner of contact under section 48.3 of the Vital Statistics Act, and

(iv) the right of an adopted person and of a VSA birth parent to register a notice of a wish not to be contacted under section 48.4 of the Vital Statistics Act.

(3) If the child being placed for adoption was previously adopted and is being placed by an adoption agency for a subsequent adoption, whether the parent who gives consent to the subsequent adoption is the adoptive parent who previously adopted the child or any other parent entitled to give consent, the adoption agency shall advise the parent of,

(a) the matters described in clauses (2) (a), (b) and (c); and

(b) the following rights under the Vital Statistics Act of the person who is an adopted person within the meaning of that Act or of an adoptive parent named in a previous order, judgment or decree of adoption registered under subsection 28 (1) of that Act, or a predecessor of that subsection:

(i) the right of an adopted person to obtain uncertified copies of a birth registration and of an adoption order under section 48.1 of the Vital Statistics Act,

(ii) the right of an adopted person to obtain uncertified copies of a substituted birth registration under subsection 2 (2) of Ontario Regulation 272/08 (Disclosure of Adoption Information) made under the Vital Statistics Act, and

(iii) the right of the adoptive parent under subsection 2 (5) of Ontario Regulation 272/08 to register a notice of preferred manner of contact under section 48.3 of the Vital Statistics Act or a notice of a wish not to be contacted under section 48.4 of that Act.

Licensee to create records re person wishing to adopt, board child

96. (1) A licensee that receives an application from a person who wishes to receive a child for adoption or to board a child intended to be placed for adoption shall upon receiving the application,

(a) record a description of the home of the applicant; and

(b) assess the home environment of the applicant including the applicant’s competence and suitability as a foster parent or adoptive parent, as the case may be, and make a record of the assessment.

(2) The licensee shall reassess each home environment referred to in clause (1) (b) annually if the applicant continues to wish to receive a child who is a resident of Canada for adoption or if the applicant wishes to board a child intended to be placed for adoption.

(3) The licensee shall reassess each home environment referred to in clause (1) (b) every two years if the applicant continues to wish to receive a child who is not a resident of Canada for adoption.

Placement of children, general

97. (1) An adoption agency shall, with respect to the placement of children,

(a) ensure that counselling is made available to each person who is a parent within the meaning of subsection 180 (1) of the Act who is considering relinquishing a child for adoption;

(b) recruit prospective adoptive parents for children who are awaiting adoption;

(c) ensure that an assessment is conducted of each prospective adoptive parent;

(d) ensure that each adoption placement is supervised;

(e) ensure that assistance is provided to complete the adoption of children who have been placed by the adoption agency;

(f) ensure that post-adoption services are provided to a child who is an adopted person, to the adoptive family and to any other person who is directly affected by the adoption if a request is made for such services;

(g) ensure that services related to the disclosure of information that relates to an adoption are provided in accordance with Part VIII of the Act; and

(h) ensure that each child awaiting placement for adoption receives residential care if required.

(2) An adoption agency shall provide consulting and interviewing space that ensures privacy for all persons involved in the adoption.

(3) An adoption agency shall ensure that it has access to the services of,

(a) two members of the College of Physicians and Surgeons of Ontario, one of whom is recognized by the College as a member with a specialty in psychiatry;

(b) a member of the Ontario College of Social Workers and Social Service Workers who holds a general certificate of registration for social work;

(c) a member of the College of Psychologists of Ontario; and

(d) a person licensed to practise law under the Law Society Act.

(4) When the licensee contemplates placing a child for adoption, the licensee shall ascertain whether the child is a First Nations, Inuk or Métis child.

(5) When a licensee forms an intention to place a child who is a First Nations, Inuk or Métis child for adoption, the licensee shall, as soon as possible, give a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities 30 days written notice of the licensee’s intention to place the child for adoption.

(6) From the time when a licensee forms an intention to place a child who is a First Nations, Inuk or Métis child for adoption until the placement of the child for adoption, the licensee shall consider the benefits of an openness agreement between an adoptive parent and a member of the child’s bands and First Nations, Inuit or Métis communities.

(7) For greater certainty, a licensee is only required to give notice under subsection (5) to a representative chosen by a child’s First Nations, Inuit or Métis community if the community was listed in a regulation made under subsection 68 (1) of the Act before the day the licensee formed the intention to place the child for adoption.

Approval, designation of persons to visit homes of prospective adoptive parents

98. A Director may approve, or in the case of a society, a local director may designate persons to visit homes of prospective adoptive parents for the purposes of Part VIII of the Act.

Homestudies and visits

99. (1) An adoption agency shall, before placing a child for adoption, arrange for the preparation by a person approved or designated as described in section 98 of a report of a homestudy of the prospective adoptive parents.

(2) An adoption agency shall ensure that the home of the prospective adoptive parents is visited, as soon as possible and no later than one month after the child is placed by the adoption agency, by a person approved or designated as described in section 98.

(3) The adoption agency shall ensure that, subsequent to the visit described in subsection (2), a person described in section 98 visits the home at least two times before the adoption order is made.

Information to be shared by adoption agency re child to be placed

100. (1) An adoption agency that proposes to place a child for adoption shall, before placing the child, prepare a report with respect to the social and medical history of the child and of each person who is a parent of the child.

(2) The adoption agency shall ensure that the information contained in the report, except for any information that would identify the parents of the child, is shared in writing with the prospective adoptive parents prior to the adoption of the child.

(3) If the adoption agency is proposing to place a child for adoption and the child has not been previously adopted, the adoption agency shall ensure that information relating to the following matters is shared with the prospective adoptive parents before placing the child:

1. The right of persons to obtain non-identifying information under section 9 of Ontario Regulation 158/18 (Adoption Information Disclosure) made under the Act and the categories of persons who are entitled to obtain the information.

2. The right of persons to have their name added to the adoption disclosure register under section 7 of Ontario Regulation 158/18 and the categories of persons who are entitled to have their name added to the register.

3. The right of persons to request a search in cases of severe medical illness under section 11 of Ontario Regulation 158/18 and the categories of persons who are entitled to request the search.

4. The following rights under the Vital Statistics Act of a person who is an adopted person or a VSA birth parent:

i. The right of an adopted person to obtain uncertified copies of a birth registration and of an adoption order under section 48.1 of the Vital Statistics Act.

ii. The right of a VSA birth parent to obtain information under section 48.2 of the Vital Statistics Act.

iii. The right of an adopted person and of a VSA birth parent to register a notice of preferred manner of contact under section 48.3 of the Vital Statistics Act.

iv. The right of an adopted person and of a VSA birth parent to register a notice of a wish not to be contacted under section 48.4 of the Vital Statistics Act.

(4) If an adoption agency is proposing to place a child for adoption and the child has been previously adopted, the adoption agency shall ensure that information relating to the following matters is shared with the prospective adoptive parents before placing the child:

1. Matters described in paragraphs 1, 2, 3 and 4 of subsection (3).

2. If the order, judgment or decree for the previous adoption was made before September 1, 2008 and registered under subsection 28 (1) of the Vital Statistics Act, or a predecessor of that subsection, the right of the adopted person and VSA birth parent named in that order, judgment or decree to register a disclosure veto under section 48.5 of that Act.

3. The following rights under the Vital Statistics Act of the person who is an adopted person within the meaning of that Act or of an adoptive parent named in a previous order, judgment or decree of adoption registered under subsection 28 (1) of that Act, or a predecessor of that subsection:

i. The right of an adopted person to obtain uncertified copies of a substituted birth registration under subsection 2 (2) of Ontario Regulation 272/08 (Disclosure of Adoption Information) made under the Vital Statistics Act.

ii. The right of the adoptive parent under section 2 (5) of Ontario Regulation 272/08 to register a notice of preferred manner of contact under section 48.3 of the Vital Statistics Act or a notice of a wish not to be contacted under section 48.4 of that Act.

(5) If the Director’s approval of the proposed placement is required, a copy of the report referred to in subsection (1) shall be filed with the Director before the approval under subsection 188 (3) or 190 (2) of the Act is given or refused.

(6) If the Director’s approval of the proposed placement is not required, a copy of the report referred to in subsection (1) shall be filed by the adoption agency with the Director when the placement is registered under subsection 183 (7) or (8) of the Act, as the case requires.

First Nations, Inuk or Métis child, ss. 186 and 187 of the Act

101. (1) For the purposes of section 186 of the Act, a society is required to give written notice of its intention to begin planning for the adoption of a First Nations, Inuk or Métis child to a representative chosen by a child’s First Nations, Inuit or Métis communities that are listed in a regulation made under subsection 68 (1) of the Act on or before the day the society formed the intention to place the child for adoption.

(2) For the purposes of section 187 of the Act, a society is required to consider the importance of developing or maintaining the child’s connection to the child’s First Nations, Inuit or Métis communities that are listed in a regulation made under subsection 68 (1) of the Act on or before the day the child is placed for adoption.

Placement outside of Canada

102. (1) A child may be taken or sent out of Canada to be placed for adoption if one of the following special circumstances exists:

1. The placement fulfils a special need of the child that is related to or caused by a developmental disability or a behavioural, emotional, physical, mental or other disability.

2. At least one of the prospective adoptive parents is a Canadian citizen.

3. At least one of the prospective adoptive parents is related to the child, including by marriage or adoption.

4. The placement will preserve the child’s cultural background.

(2) An adoption agency that intends to take or send a child out of Canada to be placed for adoption shall, before taking or sending the child, prepare a placement plan that,

(a) includes a copy of the report of an adoption homestudy of the person with whom placement is proposed;

(b) includes a statement of the health care to be provided for the child, including particulars of health insurance coverage for the child;

(c) includes a statement of the arrangements made for the care of the child in the event of an adoption breakdown;

(d) specifies the agency that will be supervising the child during the placement and a description of the proposed supervision;

(e) includes a description of the provisions made for the child’s education during the placement;

(f) includes a description of the adoption law in the jurisdiction of the placement and an opinion by a qualified legal practitioner in that jurisdiction as to whether or not the child can be adopted under that law; and

(g) includes a description of the immigration and citizenship laws in the jurisdiction of the placement and an opinion by a qualified legal practitioner in that jurisdiction as to whether or not the child can enter the jurisdiction and obtain citizenship under those laws.

(3) A licensee that prepares a placement plan referred to in subsection (2) shall file a copy of the plan with a Director before the Director’s approval or refusal is given under subsection 188 (3) of the Act.

(4) No child shall be taken or sent out of Canada to be placed for adoption until the 21-day period for withdrawing a consent under subsection 180 (8) of the Act has expired.

(5) No child who is seven or older shall be taken or sent out of Canada to be placed for adoption unless the child consents to the placement. 

(6) If a licensee intends to take or send a child out of Canada to be placed for adoption and the child has not been placed within 120 days after a Director has approved the placement under subsection 188 (3) of the Act, the licensee shall, as soon as possible after the expiration of the 120-day period, notify a Director in writing that the child has not been placed for adoption and give reasons why the child has not been placed for adoption.

Placement in Ontario or elsewhere in Canada

103. (1) If a licensee is unable to place a child for adoption in Ontario within 60 days after a Director has approved the placement under subsection 188 (3) of the Act, the licensee shall, as soon as possible after the expiration of the 60-day period, notify a Director in writing that the child has not been placed for adoption and give reasons why the child has not been placed for adoption.

(2) If a licensee intends to take or send a child out of Ontario to be placed for adoption outside of Ontario but within Canada and the child has not been placed within 60 days after a Director has approved the placement under subsection 188 (3) of the Act, the licensee shall, as soon as possible after the expiration of the 60-day period, notify a Director in writing that the child has not been placed for adoption and give reasons why the child has not been placed for adoption.

(3) No child shall be removed from Canada after being placed for adoption in Ontario until the 21-day period for withdrawing a consent under subsection 180 (8) of the Act has expired.

(4) No child who is seven or older shall be removed from Canada after being placed for adoption in Ontario unless the child consents to the placement. 

Application for hearing

104. An application requesting a hearing under subsection 188 (5), 189 (5) or 190 (4) of the Act shall be submitted to the Board in writing.

Application for review of decision to refuse to place child or to remove child after placement

105. (1) An application requesting a review of a decision under subsection 192 (3) of the Act shall be submitted to the Board in writing.

(2) For the purposes of subsection 192 (7) of the Act, the following additional practices and procedures are prescribed:

1. Within seven days of receipt of an application for a review under subsection 192 (3) of the Act, the Board shall give the applicant written notice of whether the applicant is eligible for a review under section 192 of the Act.

2. If the Board determines that the applicant is eligible for a review, the notice referred to in paragraph 1 shall set out the date and time of the hearing and shall be sent to all parties.

3. The application for review shall be heard by the Board no later than 20 days after the day the applicant received notice of eligibility under paragraph 1.

4. A decision and reasons under subsection 192 (11) of the Act shall be sent to the parties no later than 10 days after the end of a hearing.

(3) Notice under subsection (2) may be given by regular mail or by fax. 

(4) If notice is sent by regular mail, it shall be sent to the most recent address known to the adoption agency and is deemed to be received by the applicant on the fifth day after it is mailed.

(5) If notice is sent by fax, it is deemed to be received on the day after it is sent, unless that day is a holiday, in which case the copy is deemed to be received on the next day that is not a holiday.

New community listed, decision already made by adoption agency

106. (1) This section applies if,

(a) a new First Nations, Inuit or Métis community is listed in a regulation made under subsection 68 (1) of the Act on or after the day an adoption agency makes a decision described in subsection 192 (1) of the Act in respect of a child; and

(b) the new First Nations, Inuit or Métis community listed is one of the child’s communities.

(2) If the time for applying for a review as mentioned in subsection 192 (3) of the Act has not expired before the day the new First Nations, Inuit or Métis community is listed, the adoption agency shall give notice to any representative of the new community in accordance with clause 192 (2) (c) of the Act.

(3) If the time for applying for a review as mentioned in subsection 192 (3) of the Act has expired before the day the new First Nations, Inuit or Métis community is listed, clause 192 (2) (c) of the Act does not apply in respect of the new community.

(4) Upon receipt of an application for review of the decision,

(a) the Board shall give notice of the application and of the date of the hearing to those who were parties to the hearing immediately before the new First Nations, Inuit or Métis community was listed and to any representative to whom notice was given under subsection (2); and

(b) subsection 192 (6) of the Act does not apply.

(5) Any person to whom notice was given as described in clause (4) (a) is a party to a hearing in respect of the application and paragraph 3 of subsection 192 (9) of the Act does not apply.

Director’s review

107. (1) In conducting a review under subsection 193 (3) of the Act, a Director may make such inquiries as the Director considers appropriate and may require the adoption agency that gave notice under subsection 193 (1) or (2) of the Act to provide such information or documentation as the Director may specify within a specified time period.

(2) The adoption agency that receives a request for information or documentation under subsection (1) shall comply with the request within the specified time period.

(3) Upon completing the review, a Director may,

(a) make recommendations to the adoption agency that gave notice under subsection 193 (1) or (2) of the Act respecting the plan for placement of the child named in the notice; and

(b) direct the adoption agency to report back to the Director in such manner or within such time period as the Director may specify and to include in the report such information as the Director may specify.

Expenses

108. The following expenses incurred by a licensee are expenses that may be charged by a licensee to an adoptive parent or a prospective adoptive parent:

1. Expenses incurred to prepare a social and medical history of a child who is adopted or who is intended to be adopted and to prepare a social and medical history of a person who is a parent of the child.

2. Expenses incurred to conduct and prepare a homestudy of prospective adoptive parents.

3. Expenses incurred to provide residential care for a child awaiting adoption placement.

4. Expenses incurred to provide counselling services for a person who is a parent of a child, within the meaning referred to in subsection 180 (1) of the Act, regarding the parent’s decision to relinquish the child for adoption.

5. Expenses incurred to provide transportation relating to the placement of a child for adoption.

6. Expenses incurred to provide supervision of an adoption placement.

7. Expenses incurred with respect to the administration of an adoption.

8. Expenses incurred to provide post-adoption services that are considered by a Director as being necessary to ensure the success of an adoption.

9. In addition to the matters referred to in paragraphs 1 to 8, expenses incurred with respect to any other services that in the opinion of the Director are necessary to ensure the success of an adoption.

Acknowledgement of adoption placement

109. A licensee shall, as soon as possible upon receiving an acknowledgment of adoption placement, file a copy of the acknowledgment with a Director.

Adoption Licensing

Fee

110. There is no fee payable by an applicant for a licence or renewal of a licence to place children for adoption.

Duration of licence

111. A Director may issue or renew a licence for such period, not to exceed one year, as the Director determines is proper in the circumstances.

Licence to be kept on premises

112. A licence or a provisional licence to place children for adoption shall be kept on the premises of the licensee who shall ensure that the licence is available for inspection by any person.

Residential Licensing

Licensing applications

113. After receiving an application for a licence or renewal of a licence to operate a children’s residence or to provide residential care in places that are not children’s residences, a Director may inspect or have inspected the premises that is being used or will be used as a children’s residence or to provide residential care by the applicant for the purposes of determining the eligibility of the applicant for the licence or renewal.

Application fees

114. (1) The following regions are designated for the purposes of this section:

1. The Central Region, being the counties of Dufferin and Simcoe and the regional municipalities of Halton, York, Peel, Wellington and Waterloo.

2. The East Region, being the counties of Frontenac, Hastings, Lanark, Lennox and Addington, Northumberland, Peterborough, Prince Edward and Renfrew, the County of Haliburton, the united counties of Leeds and Grenville, Stormont, Dundas and Glengarry and Prescott and Russell and the regional municipalities of Durham, Kawartha Lakes and the city of Ottawa.

3. The North Region, being the territorial districts of Algoma, Cochrane, Kenora, Manitoulin, Nipissing, Parry Sound, Rainy River, Sudbury, Thunder Bay and Timiskaming, the Regional Municipality of Greater Sudbury and the District Municipality of Muskoka.

4. Toronto Region, being the city of Toronto.

5. The West Region, being the counties of Brant, Bruce, Chatham-Kent, Elgin, Essex, Grey, Huron, Lambton, Middlesex, Oxford and Perth and the regional municipalities of Haldimand-Norfolk, Niagara and Hamilton.

(2) Subject to subsection (3), the fee payable by an applicant for a licence or to renew a licence to operate a children’s residence is $100.

(3) There is no fee payable by an applicant for a licence or to renew a licence to operate a children’s residence if, in the three-year period preceding the day on which the application is made, the applicant has paid the fee under subsection (2) with respect to a children’s residence located in the same region as the children’s residence to which the current application relates.

(4) Subject to subsection (5), the fee payable by an applicant for a licence or to renew a licence to provide residential care in places that are not children’s residences is $100 for each region in which the applicant intends to provide residential care in places that are not children’s residences.

(5) There is no fee payable by an applicant for a licence or to renew a licence to provide residential care in places that are not children’s residences for a region in which the applicant intends to provide residential care if, in the three-year period preceding the day on which the application is made, the applicant paid the fee under subsection (4) for that region in the context of a previous application for a licence or to renew a licence to provide residential care in places that are not children’s residences.

(6) A Director may refund to an applicant a fee paid under this section if no licence is subsequently issued to the applicant.

Minister’s directives

115. The following matters are prescribed for the purposes of subsection 252 (1) of the Act:

1. Any matter that is required under Part IX of the Act to be done in accordance with the directives.

2. Training on the provision of residential care under the authority of a licence issued under Part IX of the Act.

3. Monitoring and evaluating the outcomes of children and young persons receiving residential care under the authority of a licence issued under Part IX of the Act.

4. The responsiveness to the cultural needs of children and young persons receiving residential care provided under the authority of a licence issued under Part IX of the Act.

116. Omitted (provides for amendments to this Regulation).

117. Omitted (provides for coming into force of provisions of this Regulation).

 

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