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Child, Youth and Family Services Act, 2017

ONTARIO REGULATION 156/18

GENERAL MATTERS UNDER THE AUTHORITY OF THE MINISTER

Consolidation Period: From April 19, 2022 to the e-Laws currency date.

Last amendment: 350/22.

Legislative History: 78/19, 87/20 (as am. by 301/20, 664/20, 140/21), 208/20, 301/20, 506/20, 664/20, 700/20, 140/21, 685/21, 20/22, 95/22, 350/22.

This is the English version of a bilingual regulation.

CONTENTS

Interpretation

1.

Definitions

2.

Interpretation, identity characteristics

Providing Services to Children, Young Persons and Families

3.

Service provider to take into account matters

4.

Service provider to provide information, inquire

5.

Resource person

6.

First Nations, Inuk or Métis child — complementary services

7.

Training

8.

Procedures

Financial Records of Societies

9.

Books of account

10.

Audit of books of account

11.

Information to be provided to Minister

Budgets and Accountability Agreements

12.

Budget allocation and spending plan

13.

Payments, adjustments

14.

Expenditure limit

15.

Accountability agreements

16.

Summary of compliance order against society

Society Staff Qualifications

17.

Local director

18.

Other society staff

Service Providers and Lead Agencies

19.

Application for financial assistance

20.

Summary of compliance order against service provider, lead agency

Determination of Bands or First Nations, Inuit or Métis Communities with which a Child Identifies

21.

Determination of bands, communities with which child identifies

22.

Requirements to be listed as a First Nations, Inuit or Métis community

Consultation with Bands and First Nations, Inuit or Métis Communities

23.

Invitation to discuss agreement re consultation

24.

Society to keep updated contact information

25.

Notice re consultation, s. 73 of Act

26.

Manner of giving notice

27.

Response to notice

28.

Documentation required

29.

Prescribed services and powers, s. 73 of the Act

Child Protection Service Requirements for Referrals, Investigations and Ongoing Service

30.

Society’s procedure, upon receiving information

31.

Society’s procedure, investigation

32.

Society’s procedure, after investigation

Child Abuse Register

33.

Duty to inquire re register

34.

Report, follow-up report re verified information

Warrants, Telewarrants, Information

35.

Warrant for access to record

36.

Telewarrant

37.

Warrant, information under ss. 83, 85 of Act

Family and Community Placement

38.

Application of sections 39 to 44

39.

First Nations, Inuk or Métis child

40.

Placement in care of relative, etc., society apprised of plan before placement

41.

Child already living with relative, etc., society apprised of plan after placement

42.

Placement with relative, etc., outside of society’s jurisdiction

43.

Documentation, procedures not followed

44.

Response to request for information

Place of Safety

45.

Procedures prior to placement

46.

Procedures after placement

47.

Response to request for information

Services to be Provided by Society

48.

Temporary care agreement

48.1

Child’s citizenship, immigration status

48.2

Child’s identity documents, Canadian citizen or permanent resident

48.3

Child’s identity documents, other immigration status

48.4

First Nations, Inuit or Métis membership document and Secure Certificates of Indian Status

48.5

Non-citizens in society care

48.6

Health insurance coverage

48.7

Health insurance documentation

48.8

Social Insurance Number

48.9

Canadian passport

48.10

Transition, requirements respecting documentation

48.11

Driver’s licences and photo cards

48.12

Social history

49.

Examinations and treatment, medical, etc.

49.

Examinations and treatment, medical, etc.

50.

Child to visit home before placement

50.1

Unlicensed settings

51.

Visits by child protection worker, etc.

51.1

Plans of care

51.2

Transfers between settings

51.3

Continuity following placement

51.4

Education, continuity and initial enrolment

51.5

Discharge from society care

52.

Application to adopt or board a child

Continued Care and Support

53.

Support, s. 124 of the Act

54.

Care and support

55.

Prescribed support service, Renewed Youth Supports

Complaints and Reviews

56.

Complaint in writing

57.

Eligibility for review

58.

Notice if not eligible for review

59.

Notice if eligible for review

60.

Members of Internal Complaints Review Panel

61.

Scheduling of meeting

62.

Attendance at meeting

63.

Summary of results of meeting

64.

Resolution of complaint

Extraordinary Measures

65.

Forms

Adoption and Adoption Licensing

66.

Definition

67.

Registration of placement by society or licensee

68.

Registration of placement by Director

69.

Acknowledgement of adoption placement

70.

Director’s review, notice of proposed placement, s. 188 of the Act

71.

Director’s review, proposed placement, s. 190 of the Act

72.

Licensee’s trust account

73.

Licensee’s record of money received, expenditures

74.

Licensee’s financial reports

75.

Licensee, society to open and maintain files

76.

Application, licence to place children for adoption

77.

Licensee to provide information re change

Residential Licensing — Interpretation

78.

Definitions

Residential Licensing — Applications

79.

Prescribed offences

80.

Additional requirements for applicants, children’s residences

Requirements Common to All Licensees

80.1

Educational resources and planning

80.2

Transfer or discharge of a child or young person

80.3

Obligation to employ or engage qualified personnel

Operation of a Children’s Residence

81.

Operation of a children’s residence

82.

Policies and procedures

83.

Orientation re policies and procedures

84.

Serious occurrence reporting

85.

Request for admission

86.

Assessment of child

86.

Application, pre-admission assessments and safety plans

86.1

Pre-admission assessments

86.2

Conditions on placement and admission

86.3

Requirement for safety plans

86.4

Development of safety plan

86.5

Review of safety plan

86.6

Staff review of safety plan

86.7

Availability of safety plan

86.8

Implementation of safety plan

87.

Admission process

88.

Agreement re residential care

89.

Admission of residents — medical and dental treatment

90.

Orientation of child or young person

91.

Transfer or discharge of a resident

92.

Register

93.

Resident case record

94.

Resident plan of care

94.

Requirement for plans of care

94.1

Development and review of plan of care

94.2

Content of plan of care

94.3

Availability of plan of care and recordkeeping

94.4

Implementation of plan of care

95.

Daily log

96.

Maintenance of premises

97.

Requirements re premises

98.

Minimum staffing requirements

99.

Training re fire extinguishers

100.

Staff immunizations, medical assessments

101.

Educational planning

102.

Nutrition

103.

First aid kit

104.

Provision of health care

105.

Storage of medication

106.

Administration of medication

107.

Medical isolation

108.

Recommendations of the medical officer of health

109.

Discipline

110.

Clothing

111.

Fire and emergency procedures plan

112.

Fire safety requirements

113.

Fire inspections

114.

Prohibition on firearms

Requirements Respecting Financial Matters and Insurance

115.

Financial records

116.

Insurance

Provision of Residential Care in Places that are not Children’s Residences or Foster Homes

117.

Application of rules to licensee

Administration of Foster Homes

118.

Foster home administration

119.

Policies and procedures

120.

Orientation re policies and procedures

120.1

Foster parent learning plans

120.2

Review of foster parent learning plans

121.

Approval of foster parents

122.

Supervision and support re foster parents, foster homes

123.

Annual review of foster home

124.

Records re foster homes

Placement of Children in Foster Homes

125.

Rules respecting placement in a foster home

126.

Register

127.

Assessment of child

127.

Pre-placement assessment

128.

Review of foster plan of care

128.

Conditions on placement

129.

Placement of child

129.

Requirement for safety plans

129.1

Development of safety plan

129.2

Review of safety plan

129.3

Staff and foster parent review of safety plan

129.4

Availability of safety plan

129.5

Implementation of safety plan

130.

Placement of child

130.1

Child’s orientation to the foster home

131.

Foster care service agreement

131.1

Requirement for plans of care

131.2

Development and review of plan of care

131.3

Content of plan of care

131.4

Availability of plan of care and recordkeeping

131.5

Implementation of plan of care

132.

Foster child file

Requirements for Foster Homes

133.

Fire and emergency procedures plan

134.

Fire safety requirements

135.

Storage of medication

136.

Firearms

Records and Reporting Requirements (Requirements for All Licensees)

137.

Records

138.

Financial reporting

139.

Change in officers or directors

140.

Death of a resident

141.

Delivery of records, prescribed person

Statement by Physician

142.

Statement by physician

Interpretation

Definitions

1. In this Regulation,

“child and family service authority” means a First Nations, Inuit or Métis child and family service authority designated under section 70 of the Act; (“fournisseur de services aux familles et aux enfants”)

“Child Protection Fast Track Information System” means the database containing information extracted from the records kept by societies respecting children and families with whom the societies have had contact in connection with their function under clause 35 (1) (a) of the Act; (“Système Info express pour la protection de l’enfance”)

“Child Protection Standards” means the Ministry publication titled “Ontario Child Protection Standards (2016)” and available on a website of the Government of Ontario; (“Normes de protection de l’enfance”)

“child welfare service” means,

(a)  residential care,

(b)  a service provided under Part V (Child Protection) of the Act, or

(c)  a service provided under Part VIII (Adoption and Adoption Licencing) of the Act. (“service de bien-être de l’enfance”)

Interpretation, identity characteristics

2. In this Regulation, a reference to a child’s identity characteristics means a reference to the child’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.

Providing Services to Children, Young Persons and Families

Service provider to take into account matters

3. (1) A service provider shall, in making a decision about a child that materially affects or is likely to materially affect the child’s interests, take into account the child’s identity characteristics and regional differences.

(2) In addition to complying with subsection (1), when providing services to First Nations, Inuit or Métis children and their families, a service provider shall take into account the child’s cultures, heritages, traditions, connection to community and the concept of the extended family.

(3) The service provider shall document how it took into account the matters mentioned in subsections (1) and (2).

Service provider to provide information, inquire

4. (1) A service provider shall comply with this section,

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

(b)  as part of the process of the service provider making a decision respecting a service provided to the child if the decision materially affects or is likely to materially affect the child’s interests; and

(c)  when the service provider becomes aware of new information that suggests that a child has an identity characteristic previously unknown to the service provider or that an identity characteristic of the child may have changed.

(2) Subject to subsection (4), the service provider shall inform the child and the following individuals about the service provider’s obligation to take into account the identity characteristics of the child and regional differences:

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.

(3) Subject to subsection (4) and in addition to complying with subsection (2), in the case of a First Nations, Inuk or Métis child, the service provider shall inform the child and the individuals described in paragraphs 1, 2 and 3 of subsection (2) about the service provider’s obligation to take into account the child’s cultures, heritages, traditions, connection to community and the concept of the extended family.

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

(a)  ask the child what information, if any, the child wishes to have the service provider take into account when making decisions,

(i)  in relation to the child’s identity characteristics, and

(ii)  in relation to regional differences, such as the fact that the child is from a region that is different from the region in which the services may be provided to the child;

(b)  in addition to complying with clause (a), in the case of a First Nations, Inuk or Métis child, ask the child what information about the child’s cultures, heritages, traditions, connection to community and the concept of the extended family the child wishes to have the service provider take into account in relation to any aspect of providing services to the child and the child’s family;

(c)  ask the child how the child wishes to have the service provider take into account any information identified under this section;

(d)  inform the child that, at any time, the child may provide the service provider with additional information in relation to matters referred to in clauses (a), (b) and (c);

(e)  offer the child the opportunity to name one or more individuals as resource persons as described in section 5;

(f)  if the service provider is required to provide information to an individual under subsection (2),

(i)  ask the individual what information, if any, in relation to matters described in subclauses (a) (i) and (ii) they wish to have the service provider take into account when making decisions,

(ii)  in the case of a First Nations, Inuk or Métis child, ask the individual what information, if any, about the child’s cultures, heritages, traditions, connection to community and the concept of the extended family they wish the service provider to take into account in relation to any aspect of providing services to the child and the child’s family,

(iii)  ask the individual how they wish to have the service provider take into account any information identified under this section; and

(iv)  offer the individual the opportunity to name one or more individuals as resource persons as described in section 5.

(6) If the child is unable to communicate to the service provider whether or not there is any information that the child wishes to have the service provider take into account in response to any of the inquiries under subsection (5) and there is no individual to whom information is provided under subsection (2), the service provider shall make reasonable efforts to determine if any of this information is otherwise available to the service provider and that the service provider considers to be reliable from,

(a)  the service provider’s file;

(b)  another service provider, if any, that referred the child to the service provider to whom this section applies; or

(c)  subject to subsection (7), a relative or sibling of the child who may reasonably be expected to have such information.

(7) The requirement in clause (6) (c) applies in respect of a relative or sibling only if,

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

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

(8) The service provider shall document the steps it took to comply with this section, including the information it provided and received and how it took into account information under this section.

Resource person

5. (1) A child who is offered an opportunity as described in clause 4 (5) (e) or an individual who is offered an opportunity as described in subclause 4 (5) (f) (iv) may name an individual as a resource person whose role, on a voluntary basis, is,

(a)  to assist the service provider in taking into account one or more identity characteristics of the child or regional differences when making a decision that will materially affect or may materially affect the child’s interests; and

(b)  in the case of a First Nations, Inuk or Métis child, to assist the service provider in taking into account the child’s cultures, heritages, traditions, connection to community and the concept of the extended family in relation to any aspect of providing services to the child and the child’s family.

(2) Subject to subsection (3), if an individual is named as a resource person, the service provider shall do the following:

1.  As soon as practicable, contact the resource person for the purposes of,

i.  informing the resource person of the types of decisions, if any, that the service provider reasonably anticipates needing to make with respect to the child that would or would be likely to materially affect the child’s interests, and

ii.  receiving any information the resource person wishes to provide to the service provider for the purposes described in subsection (1).

2.  Subject to subsection (4), make reasonable efforts to be available to the resource person when the resource person contacts the service provider.

3.  Contact the resource person at any time when the service provider is making a decision that would or would be likely to materially affect the child’s interests and receive any information the resource person wishes to provide for the purposes described in subsection (1).

(3) If the child or individual who named the resource person subsequently indicates to the service provider that they no longer wish for that resource person to be contacted, or if a person named as a resource person declines to act or to continue acting in that role, the service provider shall cease contacting the resource person and shall ask the child or individual who named that resource person whether they wish to name another resource person.

(4) The service provider may, as the service provider considers to be appropriate, determine the times, places and methods of communicating with a resource person.

(5) The service provider shall document the steps it took to comply with this section, including the information it provided and received and how it took into account information under this section.

First Nations, Inuk or Métis child — complementary services

6. (1) A service provider who is providing a service to a First Nations, Inuk or Métis child shall make reasonable efforts to determine whether there are services, programs or activities that may complement the service and support the objectives of the service or that would further the additional purpose set out in paragraph 6 of subsection 1 (2) of the Act with respect to the child that are offered or recommended by,

(a)  any of the child’s bands or First Nations, Inuit or Métis communities; or

(b)  if the child does not have a band or First Nations, Inuit or Métis community, an organization that is closely linked to the child’s cultures, heritages and traditions.

(2) If the service provider determines that such a service, program or activity is available, the service provider shall,

(a)  ask the child if the child wishes to receive the service or participate in the program or activity; and

(b)  if so, make reasonable efforts to facilitate the child 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 took to comply with this section.

Training

7. (1) A service provider shall, no later than January 1, 2019, ensure that the following persons are provided with training with respect to the matters set out in subsection (2):

1.  Any person who, in the course of their employment with the service provider or otherwise on behalf of the service provider, makes decisions that may materially affect a child’s interests.

2.  Any person who, in the course of their employment with the service provider or otherwise on behalf of the service provider is involved in providing services to a First Nations, Inuk or Métis child.

(2) The matters referred to in subsection (1) are identity characteristics, regional differences, and First Nations, Inuit and Métis cultures, heritages, traditions, connection to community and the concept of the extended family.

(3) A service provider shall ensure that any person mentioned in paragraphs 1 and 2 of subsection (1) who has not previously received training with respect to the matters set out in subsection (2) receives the training within eight months after beginning to make decisions as described in paragraph 1 of subsection (1) or being involved in providing services as described in paragraph 2 of subsection (1).

Procedures

8. A service provider shall, no later than January 1, 2019, maintain written procedures reflecting the requirements set out in sections 3 to 7 and shall make them available to any person mentioned in paragraphs 1 and 2 of subsection 7 (1).

Financial Records of Societies

Books of account

9. (1) A society shall keep books of account that set out,

(a)  the revenue and expenditures of the society, itemized according to each service provided by the society; and

(b)  money received by the society from sources other than under the Act.

(2) Each book of account shall be kept for at least eight years from the date of the last entry in the book for a particular year.

Audit of books of account

10. (1) A society shall ensure that the books of account mentioned in section 9 are audited annually by a public accountant who is licensed or holds a certificate of authorization under the Public Accounting Act, 2004 who is not a member of the Board or an employee of the society or an employee of a corporation with which the society may have a non-arm’s length relationship.

(2) A society shall ensure that the public accountant who is licensed or holds a certificate of authorization under the Public Accounting Act, 2004 prepares a report in respect of the audit in accordance with Canadian generally accepted auditing standards as set out in the CPA Canada Handbook published by the Chartered Professional Accountants (CPA) Canada, as amended from time to time.

(3) In subsection (1),

“non-arm’s length relationship” means a relationship between two parties such that one party has the ability to exercise, directly or indirectly, control or significant influence over the operating and financial decisions of the other party.

Information to be provided to Minister

11. (1) A society shall provide to the Minister, on or before the last day of the fourth month following the end of its fiscal year,

(a)  the report mentioned in subsection 10 (2);

(b)  the annual financial statement of the society; and

(c)  a reconciliation report, prepared in the manner specified by the Minister, including a calculation of the financial assistance payable by Ontario, the actual payments made by Ontario with respect to the fiscal year and a calculation made of the balance that may be owing by or repayable to Ontario.

(2) A society shall provide to the Minister, on a monthly or quarterly basis as specified by the Minister, a financial report prepared in the manner specified by the Minister that includes statistics on the services provided by the society.

(3) A society shall provide to the Minister an annual report, prepared in the manner specified by the Minister, on expenditures and revenues of each children’s residence licensed under Part IX of the Act that is operated by the society.

Budgets and Accountability Agreements

Budget allocation and spending plan

12. (1) The Minister shall determine an approved budget allocation for each society in accordance with a funding model developed by the Minister and provide the approved budget allocation to each society on a date fixed by the Minister.

(2) After receiving its approved budget allocation, each society shall submit to the Minister, on or before a date specified by the Minister, a plan for spending the budget allocation, prepared in the manner specified by the Minister.

(3) A society’s plan for spending the budget allocation shall provide for spending that does not exceed its approved budget allocation.

Payments, adjustments

13. (1) An amount paid to a society under subsection 40 (1) of the Act shall not exceed the amount of its approved budget allocation.

(2) Before the budget allocation of a society has been approved for its fiscal year, amounts may be paid to it under subsection 40 (1) of the Act for that fiscal year based on the approved budget allocation for the preceding year. 

(3) An amount paid under subsection 40 (1) of the Act may be adjusted by the Minister upon receipt of the annual financial statement and the reconciliation report of the society. 

(4) The amount of an adjustment to an approved budget allocation,

(a)  shall be refunded by the society to Ontario when Ontario so requests; or

(b)  shall be taken into account in determining the approved budget allocation for the subsequent fiscal year.

Expenditure limit

14. A society shall expend its approved budget allocation solely in performing its functions under subsection 35 (1) of the Act.

Accountability agreements

15. For the purposes of subsection 41 (4) of the Act, an accountability agreement entered into between a society and the Minister may include terms,

(a)  requiring the society to report to the Minister, in the manner specified by the Minister, such information as the Minister may request within the time period specified by the Minister;

(b)  requiring the society to meet performance goals, objectives and obligations set out in the agreement;

(c)  requiring the society to meet performance standards, targets and measures set out in the agreement;

(d)  requiring the society to comply with a performance management process for the society, as described in the agreement; and

(e)  requiring the society to comply with such other terms related to service quality, good governance, fiscal responsibility and achieving value for money through efficient and effective service delivery, as determined to be necessary by the Minister.

Summary of compliance order against society

16. (1) For the purposes of clause 43 (4) (b) of the Act, the summary of an order shall include the following information:

1.  The name of the society against whom the order was made.

2.  The date the order was made.

3.  The nature of the non-compliance resulting in the order.

(2) The summary of an order shall be posted on the Ministry’s website no later than 60 days after the order is made and shall remain on the website for a period of at least 12 months after the day on which it is posted.

Society Staff Qualifications

Local director

17. (1) A local director shall be an individual who meets one of the following sets of criteria:

1.  The individual meets both of the following criteria:

i.  The individual has,

A.  a professional degree in social work from a school of social work in Canada that is accredited by the Canadian Association for Social Work Education — Association Canadienne pour la formation en travail social, or

B.  an educational degree, which in the opinion of the Ontario College of Social Workers and Social Service Workers is equivalent to a degree described in sub-subparagraph A.

ii.  The individual is a member of the Ontario College of Social Workers and Social Service Workers who holds a general certificate of registration for social work and has at least three years of professional experience working in a child welfare service.

2.  The individual has educational qualifications and professional experience that are, in the opinion of the Minister, suitable for the position.

3.  Revoked: O. Reg. 156/18, s. 143 (1).

O. Reg. 156/18, ss. 17 (1), 143 (1).

(2) An individual who is qualified under paragraph 1 of subsection (1) to be a local director must, at all times during the appointment as local director, hold a general certificate of registration for social work issued by the Ontario College of Social Workers and Social Service Workers. O. Reg. 156/18, s. 17 (2).

(3), (4) Revoked: O. Reg. 156/18, s. 143 (2).

Other society staff

18. (1) A society child welfare service supervisor shall be an individual who,

(a)  has a professional degree in social work from a school of social work in Canada that is accredited by the Canadian Association for Social Work Education - Association Canadienne pour la formation en travail social, or a diploma in social service work; or

(b)  has educational qualifications and experience that are, in the opinion of the local director, suitable for the position of supervising child protection workers and other persons employed by the society in providing a child welfare service.

(2) For the purposes of the definition of “child protection worker” in subsection 74 (1) of the Act, the prescribed requirement is that the person must be an employee of a society.

Service Providers and Lead Agencies

Application for financial assistance

19. (1) A service provider or a lead agency may apply to the Minister, in the manner specified by the Minister, for funding for the establishment, management, operation, location, construction, alteration or renovation of buildings in which services are provided.

(2) The Minister shall assess the application, taking into consideration such factors as the Minister considers to be appropriate, which may include whether the proposed funding would align with current government policy, ministry priorities for programs and services funded under the Act and whether the proposed funding would achieve value for money.

(3) The Minister shall, as the Minister considers to be appropriate,

(a)  approve the application, which approval may be subject to such conditions and amendments to the amount of funding as the Minister considers to be appropriate; or

(b)  refuse to approve the application.

Summary of compliance order against service provider, lead agency

20. (1) For the purposes of clause 33 (4) (b) of the Act, the summary of an order shall include the following information:

1.  The name of the service provider or lead agency against whom the order was made.

2.  The date the order was made.

3.  The nature of the non-compliance resulting in the order.

(2) The summary of an order shall be posted on the Ministry’s website no later than 60 days after the order is made and shall remain on the website for a period of at least 12 months after the day on which it is posted.

Determination of Bands or First Nations, Inuit or Métis Communities with which a Child Identifies

Determination of bands, communities with which child identifies

21. The bands or First Nations, Inuit or Métis communities with which a First Nations, Inuk or Métis child identifies, if any, are determined in accordance with the following rules:

1.  If the views of the child can be ascertained, the bands or First Nations, Inuit or Métis communities with which the child identifies are any bands or First Nations, Inuit or Métis communities with which the child indicates that they identify.

2.  If the views of the child cannot be ascertained, the bands or First Nations, Inuit or Métis communities with which the child identifies are any bands or First Nations, Inuit or Métis communities that a parent of the child indicates are bands or communities with which the child identifies.

Requirements to be listed as a First Nations, Inuit or Métis community

22. The Minister shall not list a community as a First Nations, Inuit or Métis community for the purposes of the Act unless the following requirements are met:

1.  The community must be a community of either First Nations, Inuit or Métis peoples with shared culture, heritage and traditions.

2.  The community must have established a representative governing body.

3.  The community’s representative governing body must have requested that the Minister list the community in the regulation.

Consultation with Bands and First Nations, Inuit or Métis Communities

Invitation to discuss agreement re consultation

23. (1) A society shall provide a written invitation described in subsection (2) to each band and each First Nations, Inuit or Métis community that is wholly or partially located within the territorial jurisdiction of the society.

(2) The invitation shall include an offer by the society to discuss with the band or First Nations, Inuit or Métis community the establishment of a written agreement between the society and the band or community setting out how consultations under sections 72 and 73 of the Act will be carried out.

(3) The society may provide the invitation by any method of delivery as long as the society obtains a record confirming delivery and keeps the record.

(4) The society shall provide the invitation to each band and First Nations, Inuit or Métis community at least every six months, except if a written agreement described in subsection (2) is in effect between the society and the band or community.

(5) If any band or First Nations, Inuit or Métis community requests that the society discuss with the band or community the establishment of or an amendment to a written agreement described in subsection (2), the society shall engage in the discussions.

Society to keep updated contact information

24. A society shall take reasonable steps to keep an updated record of the contact information that each band or First Nations, Inuit or Métis community wishes the society to use for providing notice of a matter in respect of which the society is required to consult with the band or community under section 72 or 73 of the Act.

Notice re consultation, s. 73 of Act

25. (1) For the purpose of consulting as required under section 73 of the Act with a representative chosen by each of a child’s bands and First Nations, Inuit or Métis communities, a society shall provide notice to each representative regarding the prescribed service or power in respect of which the consultation is required.

(2) The notice shall include the following information:

1.  A description of the service proposed to be provided or the power proposed to be exercised in relation to the child.

2.  The society’s estimated timeline for providing the service or exercising the power, based on information available to the society.

3.  An invitation to consult with respect to the service proposed to be provided or the power proposed to be exercised.

Manner of giving notice

26. (1) Subject to subsection (2), a notice under section 25 shall be given verbally or in writing.

(2) If the band or First Nations, Inuit or Métis community has entered into an agreement with the society regarding the manner of giving notice, the notice shall be given in the manner agreed upon.

(3) If a notice is provided verbally, the society shall record the date and time of the notice and the name and role of the person to whom the notice was given and shall keep the record.

(4) If a notice is provided in writing, the society shall obtain a record confirming delivery and keep the record.

(5) The following rules apply in respect of a notice under section 25:

1.  Subject to paragraph 2, the society shall give the notice before providing the service or exercising the power in respect of which the consultation is required.

2.  If it is impracticable in the circumstances to give the notice as required in paragraph 1, the notice shall be given in accordance with the following rules:

i.  If the band or First Nations, Inuit or Métis community is wholly or partially located within the territorial jurisdiction of the society, the notice shall be given no later than one business day following the day on which the service is provided or the power is exercised.

ii.  If the band or First Nations, Inuit or Métis community is not wholly or partially located within the territorial jurisdiction of the society, the notice shall be given no later than two business days following the day on which the service is provided or the power is exercised.

3.  If, in the opinion of the society, it would be expedient to do so, a single notice may be given in respect of the provision of multiple services and the exercise of multiple powers, if the services are expected to be provided and the powers are expected to be exercised within the same 14-day period and if no agreement entered into between the band or First Nations, Inuit or Métis community and the society provides otherwise.

Response to notice

27. If a band or First Nations, Inuit or Métis community responds to a notice and indicates that it wishes to engage in consultation on the matter referred to in the notice, the society shall engage in the consultation within the next two business days following the society’s receipt of the response, unless the band or community agrees to the consultation occurring on a later date.

Documentation required

28. A society shall document how the society complied with each of sections 23 to 27 or, if the society did not comply with any of those sections, the reasons for not complying.

Prescribed services and powers, s. 73 of the Act

29. (1) The following services provided by a society and powers exercised by a society are prescribed for the purposes of section 73 of the Act:

1.  The service of developing a safety plan as described in the Child Protection Standards.

2.  The service of developing a service plan as described in the Child Protection Standards.

3.  The power to determine that the disposition of an investigation as described in the Child Protection Standards is to transfer a case to ongoing services.

4.  The service of conducting a case review and evaluation as described in the Child Protection Standards.

5.  Subject to subsection (2), the power to choose a residential placement for a child.

6.  Subject to subsection (3), the power to remove a child from a foster home or other residential placement.

7.  The power to continue a child’s placement following removal of the child as described in paragraph 6, if the child’s placement changed before notice was provided or before any consultation could occur.

8.  The power to decide to recommend that a case be transferred to another society.

9.  Subject to subsection (4), the service of developing a plan to transition a child from being in a society’s care to living independently.

10.  The power to decide to terminate child protection services as described in the Child Protection Standards.

(2) The power described in paragraph 5 of subsection (1) is not prescribed if,

(a)  section 39 applies; or

(b)  the placement is under Part VIII of the Act.

(3) The power described in paragraph 6 of subsection (1) is not prescribed if,

(a)  subsection 109 (7) of the Act applies;

(b)  the child is to be placed by a society under Part VIII of the Act; or

(c)  clause 192 (2) (c) of the Act applies.

(4) The service described in paragraph 9 of subsection (1) is prescribed only if the child who is the subject of the plan consents to the consultation under section 73 of the Act.

Child Protection Service Requirements for Referrals, Investigations and Ongoing Service

Society’s procedure, upon receiving information

30. Within 24 hours after receiving information that a child is or may be in need of protection, a society shall,

(a)  record the information it received;

(b)  assess the information it received in accordance with the Child Protection Standards;

(c)  record the assessment made under clause (b);

(d)  search the Child Protection Fast Track Information System for information that may be relevant in determining whether or not there are reasonable and probable grounds to believe that the child or any other child in the same family is in need of protection;

(e)  record the information found under clause (d) that may be relevant;

(f)  decide, in accordance with the Child Protection Standards, whether or not a child protection investigation should be initiated with respect to the child or any other child in the same family;

(g)  record the decision made under clause (f);

(h)  if the decision made under clause (f) is that a child protection investigation should be initiated,

(i)  determine, in accordance with the Child Protection Standards, the time within which a child protection worker should first meet with the child and family who are the subject of the investigation, and

(ii)  develop, in accordance with the Child Protection Standards, a plan for carrying out the investigation; and

(i)  record the determination made under subclause (h) (i).

Society’s procedure, investigation

31. When conducting a child protection investigation, a society shall ensure that the following procedures are carried out in accordance with the Child Protection Standards:

1.  The child protection worker conducts a thorough review of all current and historical information known about the child and family.

2.  The child protection worker carries out the investigative steps.

3.  The child protection worker records the investigative steps.

4.  When the child protection worker first meets with the child and family who are the subject of the investigation, the worker conducts a safety assessment and takes the actions that are immediately necessary to protect the child.

5.  As soon as possible and no later than five days after the first meeting referred to in paragraph 4, the child protection worker records the safety assessment conducted under paragraph 4 and the safety plan, if any, the worker has implemented under paragraph 4 to protect the child.

6.  The child protection worker carries out a risk assessment before the completion of the investigation.

Society’s procedure, after investigation

32. (1) After completing a child protection investigation, a society shall,

(a)  record the findings of the investigation;

(b)  determine, in accordance with the Child Protection Standards, whether or not the child who was the subject of the investigation is in need of protection; and

(c)  record the determination made under clause (b) and the reasons for it.

(2) If the determination made by the society under clause (1) (b) is that the child who was the subject of the investigation is in need of protection, the society shall,

(a)  carry out, in accordance with the Child Protection Standards, a family and child strengths and needs assessment;

(b)  develop and carry out, in accordance with the Child Protection Standards, a plan for reducing the risk of future harm to the child who is believed to be in need of protection; and

(c)  record the assessment carried out under clause (a), the plan developed under clause (b) and the steps taken to carry out the plan.

(3) The society shall carry out and record a reassessment of risk and repeat the tasks it is required to perform under clauses (2) (a), (b) and (c) at least every six months until it determines, in accordance with the Child Protection Standards, that the child is no longer eligible for child protection services as described in the Child Protection Standards.

(4) When the society determines that the child is no longer eligible for child protection services as described in the Child Protection Standards, the society shall,

(a)  review its most recent assessment under clause (2) (a) and its most recent plan under clause (2) (b); and

(b)  record the review in accordance with the Child Protection Standards.

Child Abuse Register

Duty to inquire re register

33. A society that receives a report under section 125 of the Act that a child is or may be suffering or may have suffered abuse within the meaning of subsection 127 (2) of the Act shall contact the Director within the meaning of subsection 133 (1) of the Act, within three days after receiving the information, to inquire about and determine whether any person referred to in the information has been previously identified in the register.

Note: On the day section 7 of Schedule 3 to the Supporting Children, Youth and Families Act, 2017 comes into force, section 33 of this Regulation is revoked. (See: O. Reg. 156/18, s. 143 (3))

Report, follow-up report re verified information

34. (1) Subject to subsection 33 (5) of Ontario Regulation 155/18 (General Matters under the Authority of the Lieutenant Governor in Council) made under the Act, information required to be reported by a society under subsection 133 (3) of the Act shall be reported within 14 days after the information is verified by the society.

(2) The report referred to in subsection (1) shall be in the form entitled “Form 1: Report to Child Abuse Register” and dated 2018/03, available on a website of the Government of Ontario.

(3) If a society has reported verified information under subsection 133 (3) of the Act and the case relating to the report is not closed by the society, the society shall, until such time as the case is closed by the society, make a further report to the Director within the meaning of subsection 133 (1) of the Act,

(a)  within four months after making the original report; and

(b)  on each anniversary of making the original report.

(4) Each report required under subsection (3) shall be in the form entitled “Form 2: Follow-up Report to Child Abuse Register” and dated 2018/03, available on a website of the Government of Ontario.

Note: On the day section 7 of Schedule 3 to the Supporting Children, Youth and Families Act, 2017 comes into force, section 34 of this Regulation is revoked. (See: O. Reg. 156/18, s. 143 (3))

Warrants, Telewarrants, Information

Warrant for access to record

35. (1) A warrant under section 131 of the Act for access to a record or a specified part of a record shall be in the form entitled “Warrant for Access to Record(s)” and dated 2018/03, available on a website of the Government of Ontario.

(2) An information in support of a warrant under section 131 of the Act for access to a record or a specified part of a record shall be in the form entitled “Information in Support of a Warrant for Access to a Record” and dated 2018/03, available on a website of the Government of Ontario.

Telewarrant

36. (1) A warrant under section 132 of the Act for access to a record or a specified part of a record shall be in the form entitled “Warrant (Telewarrant) for Access to Record(s)” and dated 2018/03, available on a website of the Government of Ontario.

(2) An information in support of a warrant under section 132 of the Act for access to a record or a specified part of a record shall be in the form entitled “Information in Support of a Warrant (Telewarrant) for Access to a Record” and dated 2018/03, available on a website of the Government of Ontario.

Warrant, information under ss. 83, 85 of Act

37. (1) A warrant under subsection 83 (1) of the Act shall be in the form entitled “Warrant to Bring to a Place of Safety and Return a Child in Care” and dated 2018/03, available on a website of the Government of Ontario.

(2) An information in support of the warrant referred in subsection (1) shall be in the form entitled “Information in Support of a Warrant to Bring to a Place of Safety and Return a Child in Care” and dated 2018/03, available on a website of the Government of Ontario.

(3) A warrant under subsection 85 (1) of the Act shall be in the form entitled “Warrant to Apprehend and Return a Child who has withdrawn from a Parent’s Control” and dated 2018/03, available on a website of the Government of Ontario.

(4) An information in support of the warrant referred in subsection (3) shall be in the form entitled “Information in Support of a Warrant to Bring to a Place of Safety and Return a Child Who has Withdrawn From a Person’s Care and Control” and dated 2018/03, available on a website of the Government of Ontario.

Family and Community Placement

Application of sections 39 to 44

38. Sections 39 to 44 apply in circumstances where all of the following criteria are met:

1.  A society has determined that a child is in need of protection and cannot be adequately protected if the child remains with the person having charge of the child.

2.  Any of the following circumstances applies in respect of the child:

i.  The child has received services from the society but has not been placed in the society’s care by an agreement under subsection 75 (1) of the Act or by an order made under clause 94 (2) (d), paragraph 2, 3 or 4 of subsection 101 (1), section 114 or clause 116 (1) (c) of the Act.

ii.  The child has been placed in the society’s care and the agreement or order described in subparagraph i will be terminated.

iii.  The child has received services under an agreement made under subsection 77 (1) of the Act and the agreement will be terminated.

3.  The society proposes or is apprised of a plan to place the child in the care of a person who is a relative of the child or a member of the child’s extended family or community in any of the following situations:

i.  In the context of a court proceeding for a supervision order under clause 94 (2) (c), paragraph 1 or 4 of subsection 101 (1), section 114 or clause 116 (1) (a) of the Act.

ii.  In the context of a court proceeding for an order relating to the custody of the child.

iii.  Where the person having charge of the child agrees to the placement.

iv.  In the case of a child who is 16 or 17, the child agrees to the placement.

First Nations, Inuk or Métis child

39. If a society proposes or is apprised of a placement plan in the circumstances described in paragraph 3 of section 38 and the plan relates to the placement of a First Nations, Inuk or Métis child, the society shall,

(a)  consult with each of the child’s bands and First Nations, Inuit or Métis communities respecting the placement of the child before beginning to follow the procedures set out in section 40 or 41, as the case may be; and

(b)  if the consultation does not occur before the applicable procedures begin, continue to use best efforts to carry out the consultation after the procedures begin.

Placement in care of relative, etc., society apprised of plan before placement

40.  (1) This section applies if a society proposes or is apprised of a plan to place a child with a relative of the child or a member of the child’s extended family or community before the placement occurs.

(2) Before a child is placed in the care of a relative or member of the child’s extended family or community, the society shall conduct an evaluation of the proposed plan for the care of the child to determine whether the person is capable of providing the child with a safe home environment.

(3) In an evaluation under subsection (2), the society shall ensure that all of the following procedures are completed:

1.  A child protection worker, a person designated by the society or an employee of a child and family service authority obtains information,

i.  as to the identity of every person who is 18 or older and resides in the home in which the child will be placed, and

ii.  as to the nature of the relationship between the child and every person referred to in subparagraph i.

2.  A child protection worker, a person designated by the society or an employee of a child and family service authority meets with the proposed primary caregiver and conducts an interview of the caregiver.

3.  A child protection worker, a person designated by the society or an employee of a child and family service authority meets in private with the child who will be placed and conducts an interview appropriate to the child’s age and maturity.

4.  A child protection worker, a person designated by the society or an employee of a child and family service authority conducts an assessment of the home environment, including an assessment of the physical aspects of the home.

5.  A child protection worker conducts a review of the society’s records for information relating to any person who is 18 or older and resides in the home in which the child will be placed. 

6.  A child protection worker, a person designated by the society or an employee of a child and family service authority obtains the consent of the proposed primary caregiver to,

i.  a police record check, and

ii.  the disclosure of information related to the primary caregiver by any society, including any information from the Child Protection Fast Track Information System and any child welfare authority outside Ontario.

7.  As soon as practicable but no later than seven days after the society or child and family service authority obtains the consent requested of a person under subparagraph 6 ii, the society shall conduct a search of the proposed primary caregiver’s name in the Child Protection Fast Track Information System.

8.  As soon as practicable but no later than seven days after the society or child and family service authority obtains the consent requested of a person under subparagraphs 6 i and ii, the society,

i.  makes a request to the appropriate authority in any jurisdiction in which the person has resided for the results of the person’s police record check, and

ii.  if the person has resided in the past in an area outside of the society’s jurisdiction, makes a request to any society or any child welfare authority outside Ontario for any information or records they may have relating to the person.

(4) As soon as practicable but no later than 30 days after a society completes the evaluation under subsection (2), the society shall ensure that a child protection worker documents the evaluation.

(5) After the child is placed in the care of a relative or member of the child’s extended family or community, the society shall ensure that the following procedures are completed:

1.  Within seven days of being apprised that the placement has occurred, a child protection worker, a person designated by the society or an employee of a child and family service authority,

i.  conducts a home visit to the home in which the child was placed,

ii.  conducts an interview with the primary caregiver,

iii.  meets in private with the child and conducts an interview appropriate to the child’s age and maturity, and

iv.  contacts every person other than the primary caregiver who is 18 or older and resides in the home in order to obtain each person’s consent to,

A.  a police record check, and

B.  the disclosure of information related to the person by any society, including any information from the Child Protection Fast Track Information System, and any child welfare authority outside Ontario.

2.  As soon as practicable but no later than seven days after the society or child and family service authority obtains the consent requested of a person under sub-subparagraph 1 iv B, the society conducts a search of the person’s name in the Child Protection Fast Track Information System.

3.  As soon as practicable but no later than seven days after the society or child and family service authority obtains the consent requested of a person under sub-subparagraphs 1 iv A and B, the society,

i.  makes a request to the appropriate authority in any jurisdiction in which the person has resided for the results of the person’s police record check, and

ii.  if the person has resided in the past in an area outside of the society’s jurisdiction, makes a request to any society or any child welfare authority outside Ontario for any information or records they may have relating to the person.

4.  As soon as practicable but no later than seven days after the information requested under paragraph 3 is received, the society shall review the information and document any decisions and actions it proposes to take with respect to the information.

5.  No later than 30 days after being apprised that the placement has occurred, the society shall ensure that the following procedures are followed by a child protection worker, a person designated by the society or an employee of a child and family service authority:

i.  A second home visit to the home in which the child was placed is conducted.

ii.  A second meeting is held in private with the child at which an interview appropriate to the child’s age and maturity is conducted.

iii.  A second interview with the primary caregiver is conducted.

6.  The placement plan relating to the child is reviewed by a society child welfare service supervisor.

Child already living with relative, etc., society apprised of plan after placement

41. (1) This section applies if a society is apprised of a plan to place a child with a relative of the child or a member of the child’s extended family or community after the child has begun living with that person.

(2) In the circumstances described in subsection (1), the society shall, as soon as practicable but no later than seven days after a society is apprised of the placement with a person, conduct an evaluation of the placement to determine whether the person is providing the child with a safe home environment and is capable of continuing to do so.

(3) In an evaluation under subsection (2), the society shall ensure that the following procedures are completed:

1.  A child protection worker, a person designated by the society or an employee of a child and family service authority obtains information,

i.  as to the identity of every person who is 18 or older and resides in the home in which the child has been placed, and

ii.  as to the nature of the relationship between the child and every person referred to in subparagraph i.

2.  A child protection worker, a person designated by the society or an employee of a child and family service authority meets with the primary caregiver and conducts an interview of the caregiver.

3.  A child protection worker, a person designated by the society or an employee of a child and family service authority meets in private with the child who has been placed in the home and conducts an interview appropriate to the child’s age and maturity.

4.  A child protection worker, a person designated by the society or an employee of a child and family service authority conducts an assessment of the home environment, including an assessment of the physical aspects of the home.

5.  A child protection worker conducts a review of the society’s records for information relating to any person who is 18 or older and resides in the home in which the child has been placed.  

6.  A child protection worker, a person designated by the society or an employee of a child and family service authority obtains the consent of the primary caregiver and every person other than the primary caregiver who is 18 or older and resides in the home to,

i.  a police record check, and

ii.  the disclosure of information related to the person by any society, including any information from the Child Protection Fast Track Information System, and any child welfare authority outside Ontario.

(4) The society shall ensure that the following procedures are completed:

1.  As soon as practicable and no later than seven days after the society or child and family service authority obtains the consent requested of a person under subparagraph 6 ii of subsection (3), the society conducts a search of the person’s name in the Child Protection Fast Track Information System.

2.  As soon as practicable but no later than seven days after the society or child and family service authority obtains the consent requested of a person under subparagraphs 6 i and ii of subsection (3), the society,

i.  makes a request to the appropriate authority in any jurisdiction in which the person has resided for the results of the person’s police record check, and

ii.  if the person has resided in the past in an area outside of the society’s jurisdiction, makes a request to any society or any child welfare authority outside Ontario for any information or records they may have relating to the person.

(5) The society shall ensure that, no later than 30 days after being apprised that the placement has occurred, the following procedures are followed by a child protection worker, a person designated by the society or an employee of a child and family service authority:

1.  A second home visit to the home in which the child was placed is conducted.

2.  A second private meeting is held with the child at which an interview appropriate to the child’s age and maturity is conducted.

3.  A second interview with the primary caregiver is conducted.

4.  The placement plan relating to the child is reviewed by a society child welfare service supervisor.

(6) As soon as practicable but no later than 30 days after the society completes the procedures for an evaluation under subsection (3), the society shall ensure that a child protection worker documents the evaluation.

(7) As soon as practicable but no later than seven days after the information requested under paragraph 2 of subsection (4) is received, the society shall review the information and document any decisions and actions it proposes to take with respect to the information.

Placement with relative, etc., outside of society’s jurisdiction

42. If a child is to be placed with a relative of the child or a member of the child’s extended family or community and that person resides outside of the jurisdiction of the society involved with the child’s case,

(a)  in the case of a relative or member of the child’s extended family or community who lives in another jurisdiction in Ontario, the society may refer the matter to the society in that jurisdiction so that it can carry out all or part of the procedures set out in sections 38 to 44; and

(b)  in the case of a relative or member of the child’s extended family or community who lives outside Ontario, the society may request the assistance of a child welfare authority in the jurisdiction in which the person lives. O. Reg. 156/18, s. 42; O. Reg. 140/21, s. 1.

Documentation, procedures not followed

43. If all of the procedures set out in sections 38 to 44 have not been followed with respect to a particular matter, a society shall document,

(a)  the circumstances and reasons why specified procedures were not followed; and

(b)  any additional steps that were taken with respect to the matter. O. Reg. 156/18, s. 43; O. Reg. 140/21, s. 2.

Response to request for information

44. (1) No later than seven days after it receives a request for information from another society under subparagraph 3 ii of subsection 40 (5) or subparagraph 2 ii of subsection 41 (4), a society shall respond to the request, indicating whether or not any information relating to the person specified in the request exists in the society’s records and, if so, the nature of the information in the society’s records.

(2) Subject to subsection (3), if a society receives a request from a child and family service authority for information about a person who is 18 or older and resides in the home in which a child may be placed, the society shall respond to the request as soon as possible, indicating whether or not any information relating to the person specified in the request exists in the society’s records, and if so, the nature of the information in the society’s records.

(3) The society shall not respond under subsection (2) unless it receives a consent to the disclosure of information from the person about whom the request for information was made.  

Place of Safety

Procedures prior to placement

45. (1) This section applies if a society or a child and family service authority is conducting an assessment of a person’s home as a place of safety for a child under clause 74 (4) (b) of the Act.

(2) A child shall not be placed in a person’s home as a place of safety unless the society or the child and family service authority, as the case may be, has assessed the home in accordance with the following procedures within 30 days before the placement:

1.  A child protection worker, a person designated by the society or an employee of the authority shall obtain information,

i.  as to the identity of every person who is 18 or older and resides in the home in which the child may be placed, and

ii.  as to the nature of the relationship between the child who may be placed in the home and every person referred to in subparagraph i.

2.  A child protection worker, a person designated by the society or an employee of the authority shall meet with the proposed primary caregiver and conduct an interview of the caregiver.

3.  A child protection worker, a person designated by the society or an employee of the authority shall meet in private with the child who will be placed in the home and conduct an interview appropriate to the child’s age and maturity.

4.  A child protection worker, a person designated by the society or an employee of the authority shall conduct an assessment of the home environment, including an assessment of the physical aspects of the home.

5.  In the case of an assessment conducted by a society, a child protection worker shall conduct a review of the society’s records for information relating to any person who is 18 or older and resides in the home in which the child will be placed.

6.  In the case of an assessment conducted by an authority, the following procedures shall be followed:  

i.  The authority shall advise the society that may be placing the child of the name of any person who is 18 or older and resides in the home.

ii.  The society that is advised under subparagraph i shall,

A.  conduct a review of the society’s records for information relating to each person, and

B.  respond as soon as possible to the authority indicating whether or not information relating to the person exists in the society’s records and whether, on the basis of this information, the society has reasonable grounds to suspect that a child may be at risk if placed in the home. 

7.  A child protection worker, a person designated by the society or an employee of the authority shall obtain the consent of the proposed primary caregiver to,

i.  a police record check, and

ii.  the disclosure of information related to the primary caregiver by any society, including any information from the Child Protection Fast Track Information System, and any child welfare authority outside Ontario. 

8.  As soon as practicable but no later than seven days after the society or authority obtains the consent requested of a person under subparagraph 7 ii, the society shall conduct a search of the proposed primary caregiver’s name in the Child Protection Fast Track Information System.

9.  As soon as practicable but no later than seven days after the society or authority obtains the consent requested of a person under subparagraphs 7 i and ii, the society shall,

i.  make a request to the appropriate authority in any jurisdiction in which the person has resided for the results of the person’s police record check, and

ii.  if the person has resided in the past in an area outside of the society’s jurisdiction, make a request to any society or any child welfare authority outside Ontario for any information or records they may have relating to the person.

(3) As soon as practicable but no later than 30 days after conducting an assessment under this section, a child protection worker, a person designated by the society or an employee of a child and family service authority, as the case may be, shall document the assessment of the person’s home. 

Procedures after placement

46. (1) No later than seven days after a society has placed a child in a person’s home that is a place of safety under subsection 74 (4) of the Act, a child protection worker, a person designated by the society or an employee of a child and family service authority shall,

(a)  conduct a home visit to the home where the child is placed;

(b)  conduct an interview with the primary caregiver;

(c)  meet in private with the child and conduct an interview appropriate to the child’s age and maturity; and

(d)  contact every person other than the primary caregiver who is 18 or older and resides in the home in order to obtain the person’s consent to,

(i)  a police record check, and

(ii)  the disclosure of information related to the person by any society, including any information from the Child Protection Fast Track Information System, and any child welfare authority outside Ontario.

(2) As soon as practicable but no later than seven days after the society or child and family service authority obtains the consent requested of a person under subclause (1) (d) (ii), the society shall conduct a search of the person’s name in the Child Protection Fast Track Information System.

(3) As soon as practicable but no later than seven days after the society or child and family service authority obtains the consent requested of a person under subclauses (1) (d) (i) and (ii)  the society shall,

(a)  make a request to the appropriate authority in any jurisdiction in which the person has resided for the results of the person’s police record check; and

(b)  if the person has resided in the past in an area outside of the society’s jurisdiction, make a request to any society or any child welfare authority outside Ontario for any information or records they may have relating to the person.

(4) As soon as practicable but no later than seven days after the information requested under clauses (3) (a) and (b) is received, the society shall review the information and document any decisions and actions it proposes to take with respect to the information.

(5) Between the 25th day and the 30th day after a society has placed a child in a person’s home that is a place of safety under subsection 74 (4) of the Act, a child protection worker, a person designated by the society or an employee of a child and family service authority shall repeat the steps taken under clauses (1) (a), (b) and (c).

(6) The steps taken under subsections (1) and (2) are the minimum steps a society or child and family service authority shall take in visiting a person’s home that is a place of safety where a child has been placed and nothing in them prevents or limits the ability of the society or child and family service authority to visit such a home.

Response to request for information

47. (1) No later than seven days after it receives a request for information from another society under clause 46 (3) (b), a society shall respond to the request, indicating whether or not any information relating to the person specified in the request exists in the society’s records and, if so, the nature of the information in the society’s records.

(2) Subject to subsection (3), if a society receives a request from a child and family service authority for information about a person who is 18 or older and resides in the home in which a child may be placed, the society shall respond to the request as soon as possible, indicating whether or not any information relating to the person specified in the request exists in the society’s records and, if so, the nature of the information in the society’s records.

(3) The society shall not respond under subsection (2) unless it receives a consent to the disclosure of information from the person about whom the request for information was made.  

Services to be Provided by Society

Temporary care agreement

48. (1) An agreement entered into under subsection 75 (1) of the Act for the temporary care and custody of a child shall be in a form entitled “Temporary Care Agreement” and dated 2018/03, available on a website of the Government of Ontario.

(2) An agreement to extend a temporary care agreement under subsection 75 (5) of the Act or to vary a temporary care agreement under subsection 75 (12) of the Act shall be in a form entitled “Extension or Variation Agreement” and dated 2018/03, available on a website of the Government of Ontario.

Note: On July 1, 2023, the Regulation is amended by adding the following sections: (See: O. Reg. 350/22, s. 1)

Child’s citizenship, immigration status

48.1 A society shall, within 30 days after a child is admitted into its care,

(a)  make reasonable efforts to ascertain the child’s place of birth, the child’s citizenship and, if applicable, the child’s immigration status in Canada through information or documents provided by the child, the child’s parent or the person having charge of the child immediately before the child’s admission into the care of the society; and

(b)  document the information that was ascertained and, if applicable, the information that could not be ascertained. O. Reg. 350/22, s. 1.

Child’s identity documents, Canadian citizen or permanent resident

48.2 (1) A society shall make reasonable efforts to obtain, within 30 days after a child who is a Canadian citizen or a permanent resident is admitted into its care, original versions or, if it is not possible to obtain original versions, copies of the following documents from the child’s parent or the person who had charge of the child immediately before the child was admitted to society care:

1.  The child’s health card issued under the Health Insurance Act or documentation showing coverage under the statutory health insurance plan of another province or territory.

2.  The child’s statement of live birth or other document used to register the child’s birth.

3.  The child’s birth certificate or other document confirming that the child’s birth has been registered.

4.  If the child is a Canadian citizen born outside of Canada, the child’s citizenship certificate or other document confirming the child’s Canadian citizenship.

5.  If the child is a permanent resident, the child’s permanent resident card. O. Reg. 350/22, s. 1.

(2) A society shall also make reasonable efforts to obtain, within 30 days after the child is admitted into its care, an original version or a copy of either the child’s social insurance number card or a letter from Service Canada confirming the child’s social insurance number from the child’s parent or the person who had charge of the child immediately before the child was admitted to society care. O. Reg. 350/22, s. 1.

(3) A society shall, within 30 days after the child’s admission into society care,

(a)  review the documents referred to in subsections (1) and (2) that it was able to obtain in order to determine whether the child’s name and date of birth are consistently expressed within those documents and whether any of the documents are expired; and

(b)  apply for new documents to correct any errors respecting the child’s name and date of birth or to replace any expired documents, unless the authority responsible for issuing the document is located outside of Canada. O. Reg. 350/22, s. 1.

(4) If a society is unable to obtain original versions of any of the documents listed in subsection (1) for which the child is eligible, the society shall, within 90 days after the child’s admission into care, apply for the document, unless the authority responsible for issuing the document is located outside of Canada. O. Reg. 350/22, s. 1.

(5) If a society is unable to obtain a document referred to in subsection (2), the society shall, within 90 days after the child’s admission into care, apply for such a document. O. Reg. 350/22, s. 1.

(6) If a society applies for a document under clause (3) (b) or subsection (4) or (5), the society shall, until the document is received, record the society’s efforts to obtain the document at least once every 90 days following the day on which the society made the application, unless the society is informed by the authority responsible for issuing the document that it will not be possible for the authority to issue it. O. Reg. 350/22, s. 1.

Child’s identity documents, other immigration status

48.3 A society shall, after a child who is neither a Canadian citizen nor a permanent resident is admitted into its care, make reasonable efforts to obtain from the child’s parent or person having charge of the child immediately before the child was admitted into society care, within 30 days of the child’s admission into society care, documents indicating the child’s place of birth, citizenship and immigration status in Canada. O. Reg. 350/22, s. 1.

First Nations, Inuit or Métis membership document and Secure Certificates of Indian Status

48.4 (1) If a child who is a member of or who, as determined under section 21, identifies with a band or First Nations, Inuit or Métis community is admitted into the care of a society, the society shall make reasonable efforts to obtain from the child’s parent or person having charge of the child immediately before the child’s admission into care, within 30 days after the child’s admission into care, membership documents issued by the bands and First Nations, Inuit or Métis communities of which the child is a member or with which the child identifies. O. Reg. 350/22, s. 1.

(2) If a child is admitted into the care of a society, in addition to any requirement to make reasonable efforts to obtain membership documents that may be applicable under subsection (1), the society shall make reasonable efforts to obtain from the child’s parent or person having charge of the child immediately before the child’s admission into care, within 30 days after the child’s admission into care, a Secure Certificate of Indian Status for the child if,

(a)  the child identifies themselves as a First Nations child;

(b)  the child’s parent, relative or sibling identifies them as a First Nations child; or

(c)  there is information that,

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

(ii)  there is a connection between the child and a band. O. Reg. 350/22, s. 1.

(3) If a society is unable to obtain membership documents or a Secure Certificate of Indian Status after making reasonable efforts under subsection (1) or (2), the society shall, within 90 days after the child’s admission into the society’s care,

(a)  initiate a process for determining, in consultation with the child’s parent or person having charge of the child immediately before the child’s admission into care, as well as the child’s bands and First Nations, Inuit or Métis communities, if any, the documents for which the child may be eligible; and

(b)  initiate the process of applying for any such documents for which the child has been determined to be eligible. O. Reg. 350/22, s. 1.

(4) A society that becomes aware that a child admitted into its care may be eligible for membership documents issued by a band or a First Nations, Inuit or Métis community or for a Secure Certificate of Indian Status shall, within 90 days after becoming aware of this possibility, complete the steps outlined in clauses (3) (a) and (b). O. Reg. 350/22, s. 1.

(5) Until the society has obtained all of the documents in respect of which it has initiated an application process, the society shall, at least once every 90 days after initiating the application process, document its efforts to obtain them. O. Reg. 350/22, s. 1.

Non-citizens in society care

48.5 (1) After a child who is not a Canadian citizen is admitted into its care, a society shall, within 90 days following the child’s admission into care, commence inquiries into whether to,

(a)  obtain documents, in addition to any obtained under section 48.3, respecting the child’s place of birth and immigration or citizenship status in Canada; and

(b)  take any steps with respect to the child’s immigration or citizenship status in Canada. O. Reg. 350/22, s. 1.

(2) In deciding whether to obtain documents respecting the child’s place of birth and immigration or citizenship status in Canada or to take any steps with respect to the child’s immigration or citizenship status, the society shall consider whether doing so is in the child’s best interests. O. Reg. 350/22, s. 1.

(3) The society shall, at least once every 90 days following the child’s admission into care and until the earliest of the events described in subsection (4),

(a)  document any decisions made to obtain documents respecting the child’s place of birth and immigration or citizenship status in Canada or to take any steps with respect to the child’s immigration or citizenship status; and

(b)  consider whether previous decisions made continue to reflect a course of action that is in the best interests of the child and document any revised or rescinded decisions. O. Reg. 350/22, s. 1.

(4) The events mentioned in subsection (3) are,

(a)  the child becoming a Canadian citizen;

(b)  the child becoming a permanent resident, if it is determined not to be in the child’s best interests to become a Canadian citizen; and

(c)  the discharge of the child from the care of the society. O. Reg. 350/22, s. 1.

Health insurance coverage

48.6 (1) If a child admitted into the care of a society was not entitled to become an insured person under the Health Insurance Act at the time of the child’s admission into care and the child subsequently becomes entitled to become an insured person under that Act, the society shall, on behalf of the child, apply for the child to become an insured person under that Act within 30 days following the day on which the child becomes entitled to be an insured person. O. Reg. 350/22, s. 1.

(2) Until the society receives a health card issued under the Health Insurance Act for the child, the society shall, at least once every 90 days following the date of the application under subsection (1), document its efforts to obtain the health card. O. Reg. 350/22, s. 1.

(3) If a child admitted into the care of a society is neither entitled to become an insured person under the Health Insurance Act nor eligible for coverage under the statutory health insurance plan of another province or territory, the society shall, within 90 days following the child’s admission into care, determine whether the child is entitled to health insurance coverage through a federally funded program and, if so, apply for the child to be covered under the program. O. Reg. 350/22, s. 1.

(4) A society that has applied for the child to be covered under a program referred to in subsection (3) shall, until the society receives a document confirming the child’s coverage under the program, document its efforts to obtain such a document at least once every 90 days following the day on which the society applied to the program. O. Reg. 350/22, s. 1.

Health insurance documentation

48.7 If a child who is admitted into the care of a society is entitled to health benefits under an insurance plan of the child’s parent or the person who had charge of the child immediately before the child’s admission into care, the society shall, within 30 days after the child’s admission into care, make reasonable efforts to obtain a card or other document confirming the child’s entitlement to the benefits from the parent or the person who had charge of the child. O. Reg. 350/22, s. 1.

Social Insurance Number

48.8 (1) If a child admitted into the care of a society was not entitled to be assigned a Social Insurance Number at the time of the child’s admission into care and the child subsequently becomes entitled to be assigned a Social Insurance Number, the society shall, on behalf of the child, apply for the child to be assigned a Social Insurance Number within 30 days following the day on which the child becomes entitled to be assigned a Social Insurance Number. O. Reg. 350/22, s. 1.

(2) Until the society receives a card or letter from Service Canada containing the child’s name and Social Insurance Number, the society shall, at least once every 90 days following the date of the application under subsection (1), document its efforts to obtain the card or letter from Service Canada. O. Reg. 350/22, s. 1.

Canadian passport

48.9 (1) A society shall apply for a Canadian passport on behalf of a child who has been ordered to be placed in extended society care if,

(a)  the child is a Canadian citizen when placed in extended society care and the child does not have a valid Canadian passport at that time;

(b)  the child is not a Canadian citizen when placed in extended society care but subsequently becomes a Canadian citizen; or

(c)  the child’s passport expires while in extended society care. O. Reg. 350/22, s. 1.

(2) Despite subsection (1), if the child does not wish to obtain a Canadian passport, the society is not required to apply for the passport on behalf of the child but shall instead, at least once every 90 days,

(a)  determine whether the child still does not wish to obtain a passport; and

(b)  document the child’s wishes with respect to obtaining the passport. O. Reg. 350/22, s. 1.

(3) The application for a Canadian passport under subsection (1) must be made,

(a)  within 30 days after the court orders that the child be placed in extended society care, in the case of a child who is a Canadian citizen when placed in extended society care;

(b)  within 90 days after the child becomes a Canadian citizen, in the case of a child who becomes a Canadian citizen after being placed in extended society care; or

(c)  at any time before the passport expires, in the case of a child whose passport expires while in extended society care. O. Reg. 350/22, s. 1.

(4) Until the passport is obtained, the society shall document the status of the passport application at least once every 90 days following the date on which the application is made.

Transition, requirements respecting documentation

48.10 (1) If, on the day section 1 of Ontario Regulation 350/22 comes into force, a society does not have, for a child in its care who is a Canadian citizen or a permanent resident, all the documents referred to in subsections 48.2 (1) and (2), the society shall comply with section 48.2 with respect to the documents that it does not have as if the child had been admitted into its care on that day. O. Reg. 350/22, s. 1.

(2) A society shall comply with section 48.3 in respect of each child who is in its care on the day section 1 of Ontario Regulation 350/22 comes into force and who is neither a Canadian citizen nor a permanent resident as if the child had been admitted into its care on that day. O. Reg. 350/22, s. 1.

(3) If, on the day section 1 of Ontario Regulation 350/22 comes into force, a society does not have, for a child in its care who is a child described in subsection 48.4 (1), all the documents referred to in that subsection, the society shall comply with subsections 48.4 (1), (3) and (5) as if the child had been admitted into its care on that day. O. Reg. 350/22, s. 1.

(4) If, on the day section 1 of Ontario Regulation 350/22 comes into force, a society does not have, for a child in its care who is a child described in subsection 48.4 (2), a Secure Certificate of Indian Status, the society shall comply with subsections 48.4 (2), (3) and (5) as if the child had been admitted into its care on that day. O. Reg. 350/22, s. 1.

(5) A society shall comply with section 48.5 in respect of each child who is in its care on the day section 1 of Ontario Regulation 350/22 comes into force and who is not a Canadian citizen as if the child had been admitted into its care on that day. O. Reg. 350/22, s. 1.

(6) A society shall comply with section 48.9 in respect of each child who is in extended society care on the day section 1 of Ontario Regulation 350/22 comes into force as if the child had been ordered to be placed in extended society care on that day. O. Reg. 350/22, s. 1.

Driver’s licences and photo cards

48.11 (1) A society shall, with respect to a child who is placed in extended society care, do the following as required by subsection (2):

1.  Determine whether the child wishes to obtain a driver’s licence and whether obtaining a driver’s licence is in the child’s best interests.

2.  Support the child in applying for a Class G1 driver’s licence, if the child wishes to obtain a driver’s licence and obtaining one is determined to be in the child’s best interests.

3.  Ensure that the child applies for a photo card if,

i.  the child wishes to obtain a photo card, and

ii.  the child does not wish to obtain a Class G1 driver’s licence, it has been determined to not be in the child’s best interests to obtain one or, after being supported by the society, the child has not been successful in obtaining one. O. Reg. 350/22, s. 1.

(2) The society shall take the steps set out in subsection (1), as applicable, within 90 days after,

(a)  the child turns 16, if the child is in possession of the necessary supporting documentation to apply for a driver’s licence or a photo card;

(b)  the child is placed in extended society care, if the child is 16 or older and in possession of the necessary supporting documentation to apply for a driver’s licence or a photo card; and

(c)  the child comes into possession of the necessary supporting documentation to apply for a driver’s licence or a photo card, if the child is 16 or older and has not been in the possession of the documentation since being placed in extended society care. O. Reg. 350/22, s. 1.

(3) If, within 90 days after the child turns 16, the child is placed in extended society care or the child comes into possession of the necessary supporting documentation referred to in subsection (2), as the case may be, the child does not have a Class G1 driver’s licence and has not applied for a photo card because the child does not wish to obtain one, the society shall, at least once every 90 days after that,

(a)  determine whether the child still does not wish to obtain a photo card; and

(b)  document the child’s wishes with respect to obtaining the card. O. Reg. 350/22, s. 1.

(4) If the child subsequently wishes to obtain a photo card, the society shall ensure that the child applies applied for the photo card. O. Reg. 350/22, s. 1.

(5) Unless it has been determined to not be in the child’s best interests, a society shall, at the request of a child in extended society care who is 16 or older and who holds a driver’s licence,

(a)  support the child in obtaining a Class G2 driver’s licence, if the child holds a class G1 driver’s licence; and

(b)   support the child in obtaining a Class G driver’s licence, if the child holds a class G 2 driver’s licence. O. Reg. 350/22, s. 1.

(6) A society shall document,

(a)  any support provided to a child to obtain a driver’s licence, as well as the progress made by the child to obtain the driver’s licence; and

(b)  the reasons for any determination made by the society that obtaining a driver’s licence is not in the child’s best interests. O. Reg. 350/22, s. 1.

(7) In this section,

“photo card” means a photo card issued under the Photo Card Act, 2008. O. Reg. 350/22, s. 1.

(8) A society shall, with respect to a child who, on the day section 1 of Ontario Regulation 350/22 comes into force, is 16 or older, placed in extended society care and in possession of the necessary supporting documentation to apply for a driver’s licence or a photo card, take the measures described in subsection (1) within 90 days after that day and comply with subsections (3) and (4), as applicable in the circumstances. O. Reg. 350/22, s. 1.

Social history

48.12 (1) A society shall, within 30 days after a child is admitted into its care, initiate a social history for the child and update it at least once in every 12 months following the child’s admission into care. O. Reg. 350/22, s. 1.

(2) A social history must contain the following information respecting the child:

1.  Identifying information, including name and age.

2.  Identity characteristics.

3.  Family history.

4.  Birth history.

5.  Developmental history.

6.  Health history.

7.  Educational and academic history.

8.  History of court involvement.

9.  Experiences of separation.

10.  History of trauma, if any.

11.  Aptitudes and abilities. O. Reg. 350/22, s. 1.

Examinations and treatment, medical, etc.

49. (1) A society shall ensure that each child in care of the society is given a medical and dental examination as soon as practicable after the admission of the child to care.

(2) A society shall ensure that each child who is in care of the society is given a medical examination and dental examination at least once a year.

(3) A society shall keep a record of each medical examination and dental examination of each child admitted into care by the society.

(4) A society shall ensure that the treatment recommended as a result of a medical examination or dental examination of a child admitted into care by the society is carried out within the times recommended.

(5) Psychological and psychiatric assessments or treatment or both shall be provided for each child in the care of a society in accordance with the needs of the child where the society is of the opinion that the behaviour and condition of the child indicate that an assessment or treatment or both is necessary in the circumstances.

(6) The results of each assessment and treatment carried out under subsection (5) shall be recorded by the society.

Note: On July 1, 2023, section 49 of the Regulation is revoked and the following substituted: (See: O. Reg. 350/22, s. 2)

Examinations and treatment, medical, etc.

49. (1) A society shall ensure that each child in the care of the society is given a medical and dental examination as soon as practicable after the admission of the child into care. O. Reg. 350/22, s. 2.

(2) A society shall ensure that each child in the care of the society subsequently receives annual medical and dental examinations and that no more than 13 months elapse between each annual medical or dental examination, subject to subsection (12). O. Reg. 350/22, s. 2.

(3) A society shall ensure that each child who is in the care of the society is given additional medical and dental examinations when recommended by any medical or dental professionals within the timeframe recommended by the professional, subject to subsection (12). O. Reg. 350/22, s. 2.

(4) A society shall keep a record of each medical examination and dental examination of each child admitted into care by the society. O. Reg. 350/22, s. 2.

(5) A society shall ensure that any treatment that is recommended by a medical or dental professional as a result of a medical or dental examination of a child in the care of the society is carried out within the timeframe recommended, subject to subsection (12). O. Reg. 350/22, s. 2.

(6) A society shall ensure that each child who is in the care of the society receives psychological and psychiatric assessments or treatment or both in accordance with the needs of the child where the society is of the opinion that the behaviour and condition of the child indicate that an assessment or treatment or both is necessary in the circumstances. O. Reg. 350/22, s. 2.

(7) A society shall record results of each assessment and treatment carried out under subsection (6). O. Reg. 350/22, s. 2.

(8) A society shall ensure that each child in the care of the society is given a routine eye examination as soon as practicable after the admission of the child into care. O. Reg. 350/22, s. 2.

(9) In the case of a child who is eligible for coverage under the Ontario Health Insurance Plan, the determination of when it is practicable for the child to receive a routine eye examination shall be informed by when the child is next eligible for the examination under the Plan. O. Reg. 350/22, s. 2.

(10) A society shall ensure that each child who is in the care of the society is given annual routine eye examinations and that no more than 13 months elapses between each examination, subject to subsection (12). O. Reg. 350/22, s. 2.

(11) Where, following an eye examination, corrective lenses are prescribed for a child who is in the care of a society, the society shall ensure that the corrective lenses are provided to the child within 30 days after the examination, subject to subsection (12). O. Reg. 350/22, s. 2.

(12) The timeframe within which any of the requirements set out in subsections (2), (3), (5), (10) and (11) must be satisfied may be deferred if,

(a)  the relevant services are unavailable or complying with the requirement within the timeframe set out in the relevant subsection would not, in the circumstances, be in the best interests of the child; and

(b)  the decision to defer compliance, the reasons for it, and a plan for the child to receive the examination or treatment or to receive the corrective lenses, as the case may be, have been documented and approved by a society child welfare service supervisor. O. Reg. 350/22, s. 2.

(13) If a timeframe for compliance is deferred under subsection (12), the society shall document, every 90 days following the decision to defer compliance with the requirement, its efforts to ensure that the child receives the examination or treatment or receives the corrective lenses, as the case may be. O. Reg. 350/22, s. 2.

(14) The documentation referred to in subsection (13) must be approved by a society child welfare service supervisor. O. Reg. 350/22, s. 2.

Child to visit home before placement

50. (1) No society that admits a child into care shall place the child in a foster home or other home unless the child has previously visited the home at least 10 days before the placement.

(2) Subsection (1) does not apply where it is not practicable in the circumstances to have the child visit the home at least 10 days before the placement.

Note: On July 1, 2023, the Regulation is amended by adding the following section: (See: O. Reg. 350/22, s. 3)

Unlicensed settings

Definition

50.1 (1) In this section,

“unlicensed setting” means a place where none of the activities that require a licence under section 244 of the Act are conducted. O. Reg. 350/22, s. 3.

(2) This section does not apply where a society places a child for adoption. O. Reg. 350/22, s. 3.

(3) This section applies to a society if,

(a)  the society proposes to place or has placed a child in an unlicensed setting; or

(b)  a child in the care of the society is otherwise residing in an unlicensed setting. O. Reg. 350/22, s. 3.

(4) Subject to subsection (5), a society to which this section applies shall comply with sections 127 to 129.5 and sections 131.1 to 131.5 with respect to the child who is placed or to be placed in the unlicensed setting or otherwise residing there, with the modifications set out in subsection (7) and any other necessary modifications, as if the society were a licensee providing residential care under the authority of a licence and the unlicensed setting were a foster home and, for greater certainty, the society shall also comply with the requirements of those provisions that apply to a placing agency. O. Reg. 350/22, s. 3.

(5) A society to which this section applies is not required to comply with sections 127 and 128 where it comes to the attention of the society that a child in its care is residing in an unlicensed setting and the society had not placed the child in that unlicensed setting, provided that,

(a)  a society child welfare service supervisor approves the decision not to comply with sections 127 and 128; and

(b)  the society documents,

(i)  details of the unlicensed setting and the reasons why the society was not apprised of the fact that the child had begun residing in the unlicensed setting, and

(ii)  the steps taken by the society to ensure that the child’s immediate needs would be met. O. Reg. 350/22, s. 3.

(6) If a society to which this section applies does not comply with sections 127 and 128, as permitted by subsection (5) of this section, the society is not required to comply with clause 129 (5) (a) but shall,

(a)  conduct a safety assessment upon learning of the child’s living arrangements; and

(b)  develop a safety plan, where required, in accordance with the requirements of section 129.1 as soon as possible but in any event no later than seven days after completing the safety assessment. O. Reg. 350/22, s. 3.

(7) Without limiting any further modifications that may be necessary, for the purposes of subsection (4),

(a)  a reference in sections 127 to 129.5 and sections 131.1 to 131.5 to,

(i)  “foster home” shall be read as a reference to “unlicensed setting”,

(ii)  “foster care licensee” or “licensee” shall be read as a reference to “society”,

(iii)  “foster care” shall be read as a reference to “residential care”,

(iv)  “foster child” and “foster children” shall be read, respectively, as references to “child” and “children”,

(v)  “foster parent or parents” shall be read as a reference to “any person providing direct care to the child” or, if “foster parent or parents” is used in conjunction with “any person providing direct care to the child” or similar language, the relevant provision shall be read as if it did not include reference to “foster parent or parents”;

(vi)  “foster plan of care” shall be read as a reference to “plan of care”;

(b)  for the purposes of section 127,

(i)  the society shall use information in its possession for the purpose of conducting the assessment, and

(ii)  the written evaluation, referred to in clause 127 (3) (a), shall set out, instead of the information described in clause 127 (7) (b),

(A)  the names of the persons who will provide direct care to the child,

(B)  a description of their qualifications,

(C)  the details of any training they have completed, and

(D)  any supports that they will be able to access in order to meet the child’s needs;

(c)  for the purposes of section 128,

(i)  subsection 128 (3) shall be read without the reference to subsection 125 (1),

(ii)  subsection 128 (3) shall be read as if it did not include clause (c), and

(iii)  subsection 128 (4) shall be read as if it did not include clause (a);

(d)  for the purposes of subsection 129 (2), conducting a safety assessment shall also include an assessment of the home environment of the unlicensed setting and the physical aspects of the setting as they relate to the safety of the child;

(e)  for the purposes of section 129.3, the only persons required to review the safety plan are persons providing direct care to the child on behalf of the society and those persons shall review the safety plan in the applicable circumstances referred to in clauses 129.3 (2); and

(f)  sections 131.1 and 131.5 shall apply with respect to every child to whom a society provides residential care in an unlicensed setting. O. Reg. 350/22, s. 3.

Visits by child protection worker, etc.

51. (1) A society shall ensure that each child placed in a foster home or other home by the society is visited by a child protection worker or a person designated by a society,

(a)  at least once within seven days after the child’s placement in the home;

(b)  in addition to the visit referred in clause (a), at least once within 30 days of the placement; and

(c)  at least once every three months after the visit referred to in clause (b).

Note: On July 1, 2023, subsection 51 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 350/22, s. 4 (1))

Visits by child protection worker, etc.

(1) A society shall ensure that each child that it places in a foster or other home or in any other setting is visited by a child protection worker or a person designated by the society,

(a)  at least once within seven days after the child’s placement;

(b)  in addition to the visit referred to in clause (a), at least once within 30 days of the placement; and

(c)  at least once every 90 days after the visit referred to in clause (b). O. Reg. 350/22, s. 4 (1).

(1.1) Subsection (1) applies with necessary modifications where it comes to the attention of a society that a child in its care is residing in an unlicensed setting, as defined in subsection 50.1 (1), in which the society had not placed the child and, for that purpose, the date that this comes to the attention of the society is deemed to be the date of placement. O. Reg. 350/22, s. 4 (1).

(2) The society shall ensure that each visit required under this section includes a meeting in private between the worker and the child and that the private meeting is documented.

Note: On July 1, 2023, section 51 of the Regulation is amended by adding the following subsections: (See: O. Reg. 350/22, s. 4 (2))

(3) When visiting a home or other setting as required by subsection (1), the child protection worker or person designated by the society shall,

(a)  during the meeting in private, assess whether the child’s needs are being met, with consideration being given to the child’s needs as outlined in the child’s most recent plan of care, if any, based on discussions with the child and observations of the child’s behaviour;

(b)  in the case of a visit required by clause (1) (c), review the child’s most recent plan of care before the visit, including the portion of the plan of care respecting the identification and achievement of the child’s goals, to inform discussions with the child and the child’s caregivers, if any, for the purposes of assessing whether the child’s needs are being met and whether the child is making progress towards the goals outlined in the child’s plan of care; and

(c)  during the visit or no more than seven days after the visit, participate in a meeting in private with the child’s caregivers, which may include staff at a children’s residence, to support the society’s assessment of whether the child’s needs are being met and the child is making progress towards their goals, with consideration being given to the child’s needs and goals as outlined in the child’s most recent plan of care, if any, provided that the child has caregivers. O. Reg. 350/22, s. 4 (2).

(4) A society shall, within 30 days after the completion of the meeting referred to in clause (1) (a),

(a)  document its assessment of whether the child’s most recent plan of care is meeting the child’s needs and whether the child is making progress towards the goals outlined in the child’s plan of care;

(b)  identify any needs that are not being met; and

(c)  determine whether changes are required to the child’s most recent plan of care and, if changes are determined to be required, review or request a review of the plan of care, as the case may be. O. Reg. 350/22, s. 4 (2).

(5) If the child is in a residential placement where residential care is provided by a licensee and the licensee is not the society, the society shall make the determination referred to in clause (4) (c) in consultation with the licensee. O. Reg. 350/22, s. 4 (2).

Note: On July 1, 2023, the Regulation is amended by adding the following sections: (See: O. Reg. 350/22, s. 5)

Plans of care

51.1 (1) Where a licensee is developing or reviewing a plan of care, as required by this Regulation, for a child admitted into society care, the society shall, unless it is also the licensee, assist the licensee by,

(a)  providing to the licensee information that the society has collected about the child and the child’s family that is required to be included in the plan of care;

(b)  ensuring the participation of a child protection worker or person designated by the society in meetings respecting the development and review of the plan of care; and

(c)  making recommendations about services, supports and treatment to be provided to the child. O. Reg. 350/22, s. 5.

(2) The society shall,

(a)  document the information and recommendations provided under subsection (1); and

(b)  request a copy of the plan of care that is developed or any updated plan of care following a review and keep it in the child’s file. O. Reg. 350/22, s. 5.

(3) If a plan of care for a child admitted into society care identifies a service, support or treatment that is to be provided to the child but does not identify the licensee as being responsible for ensuring that it is provided, the society shall take steps to secure the provision of the service, support or treatment within the timeframe specified in the plan of care. O. Reg. 350/22, s. 5.

(4) If a service, support or treatment identified in a plan of care and referred to in subsection (3) is not provided within the timeframe specified in the plan of care, the society shall,

(a)  document the reasons for the delay in providing the service, support or treatment; and

(b)  until the service, support or treatment is provided, document, at intervals of 90 days following the day on which the service, support or treatment should have been provided, the efforts made by the society to secure the provision of the service, support or treatment. O. Reg. 350/22, s. 5.

Transfers between settings

51.2 (1) A society shall transfer the belongings of a child in its care who is being transferred between settings in a respectful manner that promotes the dignity of the child. O. Reg. 350/22, s. 5.

(2) If a child in society care is transferred from one setting to another, the society shall, within seven days following the transfer, provide the licensee, person or agency responsible for the new setting with information and documentation about the child’s needs and individual circumstances, including,

(a)  the child’s most recent plan of care and, if applicable, safety plan;

(b)  copies of the child’s identity documents, including those identity documents referred to in subsections 48.2 (1) and (2) and section 48.11, that are in the possession of the society; and

(c)  copies of any health insurance documentation obtained by the society under section 48.7. O. Reg. 350/22, s. 5.

(3) A society shall inform a child in its care who is to be transferred between settings of,

(a)  the information that will be shared about them with the licensee, person or agency responsible for the new setting; and

(b)  the child’s right of access to records of personal information about them under section 312 of the Act and the child’s right to request a correction to records to which access has been granted in accordance with section 315 of the Act. O. Reg. 350/22, s. 5.

Continuity following placement

51.3 (1) A society that places a child in any setting shall,

(a)  determine whether it is feasible and in the child’s best interests for the child to continue to,

(i)  attend the same school or other educational program, the same before-school and after-school programs and the same tutoring program as the child did before the placement,

(ii)  receive health care services from the same health care providers as before the placement,

(iii)  attend the same cultural, spiritual, social, extracurricular and recreational services and programs as before the placement, and

(iv)  maintain regular contact with individuals who the child identifies as important to them; and

(b)  take reasonable steps to ensure that the child continues to do any of the things identified in clause (a) if doing so is determined by the society to be feasible and in the child’s best interests. O. Reg. 350/22, s. 5.

(2) The society shall document its determination under subsection (1), including by preparing a written explanation as to why it was not feasible or in the child’s best interests that the child continue to do any of the things identified in clause (1) (a). O. Reg. 350/22, s. 5.

Education, continuity and initial enrolment

51.4 (1) If a child admitted into society care is unable to continue to attend a given school or other educational program, including because of the child’s admission into society care or the child’s placement in a new residential placement or other setting, and the child is eligible to be enrolled in an elementary school or secondary school under the Education Act, the society shall ensure that,

(a)  the child is registered in a new school or other educational program as soon as possible in the circumstances; and

(b)  to the extent possible in the circumstances, the child remains at the child’s current school or other educational program until the child is able to start at the new school or program. O. Reg. 350/22, s. 5.

(2) In the event that more than 30 days elapse following the event requiring the child to change schools or other educational programs without the child having been registered in a new school or other educational program as required by subsection (1), the society shall, at least once every 30 days following the event and until the child is registered, document the reason for the delay and the society’s ongoing efforts to ensure that the child is registered as soon as possible in the circumstances. O. Reg. 350/22, s. 5.

(3) If a child admitted to society care is required to attend school under section 21 of the Education Act but did not attend school or another educational program through which the child received satisfactory instruction before their admission to care, the society shall register the child in school or another educational program as soon as possible in the circumstances. O. Reg. 350/22, s. 5.

(4) In the event that more than 30 days elapse following the child’s admission to society care without the child having been registered in a school or another educational program as required by subsection (3), the society shall, at least once every 30 days following the child’s admission and until the child is registered, document the reasons for the delay and the society’s ongoing efforts to ensure that the child is registered as soon as possible in the circumstances. O. Reg. 350/22, s. 5.

(5) A society shall ensure that a child admitted into its care who is required to attend school under section 21 of the Education Act does not attend an educational program instead of school unless the child receives satisfactory instruction through the program. O. Reg. 350/22, s. 5.

(6) In this section,

“satisfactory instruction” means instruction that constitutes satisfactory instruction for the purposes of clause 21 (2) (a) of the Education Act. O. Reg. 350/22, s. 5.

Discharge from society care

51.5 (1) A society that intends to discharge a child who is in its care shall notify the agencies and individuals providing services, supports and treatment to the child of the intended discharge and the estimated timeframe within which the discharge will take place, unless the child is to be discharged because a temporary care agreement under section 75 of the Act or an order made under Part V (Child Protection) of the Act is set to expire. O. Reg. 350/22, s. 5.

(2) The society shall, as soon as possible but no later than seven days after the child is discharged from society care, provide the person who will be assuming the care and custody of the child with information and documentation about the child’s needs and individual circumstances, including the following:

1.  The child’s most recent plan of care and, if applicable, safety plan.

2.  The most recent social history prepared regarding the child.

3.  Reports respecting the child prepared by any agency or professionals providing services, supports or treatment to the child, including, as applicable, medical reports, dental reports, accident or injury reports, social work reports, psychometric reports, psychological reports and psychiatric reports.

4.  The child’s personal effects, including the child’s lifebook, if any, and any artwork, photographs and keepsakes.

5.  The original copies of the child’s identification and membership documents, including the documents referred to in subsection 48.2 (1) and (2), section 48.3, subsections 48.4 (1) and (2) and sections 48.9 and 48.11, that are in the possession of the society.

6.  Any security information associated with the child’s identification documents, such as passwords and answers to security questions. O. Reg. 350/22, s. 5.

(3) A society shall inform a child in its care who is to be discharged of,

(a)  the information that will be shared about them with the person who will be assuming the care and custody of the child; and

(b)  the child’s right of access to records of personal information about them under section 312 of the Act and the child’s right to request a correction to records to which access has been granted in accordance with section 315 of the Act. O. Reg. 350/22, s. 5.

(4) The society shall convene a meeting to discuss how the child’s needs will be met following the discharge and request that the following attend:

1.  The person who will be assuming the care and custody of the child.

2.  The child, if the child wishes to attend.

3.  Any other individual who was invited to participate in the child’s most recent plan of care meeting and who wishes to attend, unless the child does not wish for the individual to attend and the society is of the view that the individual’s participation is not in the child’s best interests, giving due weight to the child’s wishes in accordance with the child’s age and maturity.

4.  In the case of a First Nations, Inuk or Métis child, a representative chosen by each of the child’s bands and First Nations, Inuit and Métis communities, unless the child does not wish for the representative to attend and the society is of the view that the representative’s participation is not in the child’ best interests, giving due weight to the child’s wishes in accordance with the child’s age and maturity. O. Reg. 350/22, s. 5.

(5) The meeting referred to in subsection (4) must occur before the child is discharged from society care, unless it is not possible in the circumstances, in which case the meeting must occur within seven days after the date of discharge. O. Reg. 350/22, s. 5.

Application to adopt or board a child

52. A society that receives an application to adopt or board a child that is in the care of the society shall, within 30 days after receiving the application, begin an assessment of the applicant and the home of the applicant.

52.1-52.5 Revoked: O. Reg. 350/22, s. 6.

Continued Care and Support

Support, s. 124 of the Act

53. For the purposes of section 124 of the Act, the support to a person may include one or both of financial and non-financial support.

Care and support

54. (1) In this section,

“Permanency Funding Policy Guidelines” means the guidelines entitled “2021 Ontario Permanency Funding Policy Guidelines”, dated September 28, 2021 and available on a website of the Government of Ontario. O. Reg. 156/18, s. 54 (1); O. Reg. 685/21, s. 1 (1, 2).

(2) An agreement under section 124 of the Act shall not be made for a term exceeding 12 months. O. Reg. 156/18, s. 54 (2).

(3) A society or prescribed entity shall make reasonable efforts to renew the care and support agreement between the person and the society or prescribed entity before expiry. O. Reg. 156/18, s. 54 (3).

(4) A society or prescribed entity may cease providing care and support under section 124 of the Act that is financial support if the society or prescribed entity has made reasonable efforts to contact the person and has been unable to contact the person to whom care and support is to be provided for three months. O. Reg. 156/18, s. 54 (4).

(5) A society or prescribed entity shall not provide care and support under section 124 of the Act if the person to whom care and support is to be provided is 21 or older. O. Reg. 156/18, s. 54 (5).

(6) A society or prescribed entity shall provide care and support under section 124 of the Act that is financial support, except if any of the following circumstances apply:

1.  The person to whom care and support is to be provided is receiving basic financial assistance under the Ontario Works Act, 1997.

2.  The person to whom care and support is to be provided is receiving income support under the Ontario Disability Support Program Act, 1997.

3.  The person to whom care and support is to be provided is living with a caregiver who is receiving financial support from a society as described in the Permanency Funding Policy Guidelines as “Targeted Subsidies for Adoption and Legal Custody”, to care for the person receiving care and support.

4.  The person to whom care and support is to be provided is living with a caregiver who is receiving financial support from a society as described in the Permanency Funding Policy Guidelines as “Stay Home For School”, to care for the person receiving care and support. O. Reg. 156/18, s. 54 (6); O. Reg. 685/21, s. 1 (3).

(7) Where a society or prescribed entity is providing care and support under section 124 of the Act that is financial support, the monthly financial support shall not be less than the monthly amount set out in Appendix B of the document entitled “Continued Care and Support for Youth Policy Directive (CCSY)” and dated March 20, 2018, available on a website of the Government of Ontario. O. Reg. 156/18, s. 54 (7).

(8) Where a society or prescribed entity is providing care and support under section 124 of the Act that is financial support, the society or prescribed entity may pay amounts of the financial support to third parties on behalf of the person receiving care and support if the person agrees and the decision is in the person’s best interests. O. Reg. 156/18, s. 54 (8).

(9) Nothing in subsection (6) shall be read as preventing a society or prescribed entity from providing care and support under section 124 of the Act to such a person if the care and support is not financial support. O. Reg. 156/18, s. 54 (9).

(10) Despite subsection (2), the agreement may be extended for a further period or periods if the total term of the agreement, as extended, does not exceed 36 months. O. Reg. 156/18, s. 54 (10).

(11) The following rules apply to the provision of care and support under section 124 of the Act for the period beginning on the day section 1 of Ontario Regulation 87/20 comes into force and ending on September 30, 2022:

1.  A society or prescribed entity shall, despite subsection (5), continue to provide the care and support in accordance with this section to a person who is receiving such care and support on the day section 1 of Ontario Regulation 87/20 comes into force, even if the person turns 21.

2.  For the purpose of continuing to provide care and support as permitted by paragraph 1, the agreement under section 124 of the Act may, despite subsection (10), be extended beyond 36 months. O. Reg. 87/20, s. 1; O. Reg. 301/20, s. 1; O. Reg. 664/20, s. 1; O. Reg. 140/21, s. 3.

Prescribed support service, Renewed Youth Supports

55. (1) The Ministry program described in the Table titled “Renewed Youth Supports” in the document entitled “Addendum to Ontario Permanency Funding Policy Guidelines”, dated November 15, 2017 and effective January 1, 2018, available on a website of the Government of Ontario, is prescribed as a support service for the purposes of paragraph 3 of section 124 of the Act. O. Reg. 156/18, s. 55.

(2) Services provided to a child by a society because the child is in interim society care are prescribed as support services for the purposes of paragraph 3 of section 124 of the Act. O. Reg. 87/20, s. 2 (1).

Note: On October 1, 2022, subsection 55 (2) of the Regulation is revoked. (See: O. Reg. 87/20, s. 2 (2); O. Reg. 301/20, s. 2; O. Reg. 664/20, s. 2; O. Reg. 140/21, s. 4)

(3) A person who received the support services prescribed under subsection (2) is only eligible for care and support under section 124 of the Act if the person was in interim society care immediately before turning 18. O. Reg. 87/20, s. 2 (1).

Note: On October 1, 2022, subsection 55 (3) of the Regulation is revoked. (See: O. Reg. 87/20, s. 2 (2); O. Reg. 301/20, s. 2; O. Reg. 664/20, s. 2; O. Reg. 140/21, s. 4)

Complaints and Reviews

Complaint in writing

56. A complaint to a society under subsection 119 (1) of the Act must be made in the form entitled “Formal Complaint to a Society’s Internal Complaints Review Panel (ICRP)” and dated 2020/11, available on a website of the Government of Ontario. O. Reg. 156/18, s. 56; O. Reg. 78/19, s. 1; O. Reg. 700/20, s. 1.

Eligibility for review

57. Within seven days after receiving a complaint under subsection 119 (1) of the Act, the society shall determine whether the complaint is eligible for review.

Notice if not eligible for review

58. If the complaint is not eligible for review, the society shall notify the complainant of its decision and the reasons for it in writing.

Notice if eligible for review

59. (1) If the complaint is eligible for review, the society shall notify the complainant in writing and shall establish an Internal Complaints Review Panel.

(2) The notice shall provide the complainant with a date and time for meeting with the Internal Complaints Review Panel.

Members of Internal Complaints Review Panel

60. (1) The members of the Internal Complaints Review Panel shall be selected by the executive director of the society and shall include a senior manager from the society, other society staff as required and at least one person who is external to the society.

(2) A person selected to be a member of the Internal Complaints Review Panel who is external to the society may be a member of the society’s board of directors.

(3) No person selected as a member of the Internal Complaints Review Panel shall have had any direct involvement with the complaint being reviewed.

Scheduling of meeting

61. (1) The meeting between the complainant and the Internal Complaints Review Panel shall be scheduled at a time that is mutually convenient for the complainant and the members of the panel and shall be held within 14 days after the date the written notice is sent to the complainant or at such later time as may be requested by the complainant.

(2) The Internal Complaints Review Panel shall make reasonable efforts to accommodate a request by a complainant to schedule the meeting at a later time.

(3) The meeting between the complainant and the Internal Complaints Review Panel shall take place in person.

Attendance at meeting

62. (1) Subject to subsection (2), the Internal Complaints Review Panel may determine who may attend the meeting.

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

Summary of results of meeting

63. Within 14 days after the meeting, the Internal Complaints Review Panel shall send a written summary of the results of the meeting, including any agreed upon next steps, to the complainant and the executive director of the society to which the complaint was made.

Resolution of complaint

64. If at any point during a society’s complaint review procedure the complaint is resolved to the satisfaction of the complainant, the society shall confirm the resolution in writing to the complainant.

Extraordinary Measures

Forms

65. (1)-(6) Revoked: O. Reg. 20/22, s. 1.

(7) An application to a Director for approval of a locked room for use for the de-escalation of situations and behaviour involving children or young persons under subsection 173 (1) of the Act shall be in the form entitled “Application for Approval of a Secure De-escalation Room” and dated 2018/03, available on a website of the Government of Ontario.

(8) An application in the form referred to in subsection (7) shall be accompanied by the applicant’s written policies and procedures with respect to the use of a secure de-escalation room together with such other information concerning the service provider’s program, the room and the proposed use of the room as a Director considers necessary to determine whether the room should be approved for use for the de-escalation of situations and behaviour involving children or young persons.

(9) An approval or renewal of an approval of a locked room for use for the de-escalation of situations and behaviour involving children or young persons shall be in the form entitled “Approval or Renewal of Approval of a Secure De-escalation Room” and dated 2018/03, available on a website of the Government of Ontario.

(10) A refusal or withdrawal of an approval of a locked room for use for the de-escalation of situations and behaviour involving children or young persons shall be in the form entitled “Refusal or Withdrawal of an Approval of a Secure De-escalation Room” and dated 2018/03, available on a website of the Government of Ontario.

Adoption and Adoption Licensing

Definition

66. In sections 67 to 77,

“licensee” means a person acting under the authority of a licence issued by a Director under section 229 of the Act.

Registration of placement by society or licensee

67. For the purpose of subsection 183 (7) of the Act, the placement of a child for adoption shall be registered by providing to the Director the completed form entitled “Registration of Placement of a Child for Adoption” and dated 2018/03, available on a website of the Government of Ontario.

Registration of placement by Director

68. For the purpose of subsection 183 (8) of the Act, the Director shall register the placement of a child for adoption by recording the information concerning the placement in the form entitled “Director’s Registration of Placement of Child for Adoption” and dated 2018/03, available on a website of the Government of Ontario.

Acknowledgement of adoption placement

69. A person with whom a child has been placed for adoption shall, no later than 30 days after the date of the placement, complete and file with the licensee or society that arranged the placement an acknowledgement of adoption placement in the form entitled Acknowledgement of Adoption Placement” and dated 2018/03, available on a website of the Government of Ontario.

Director’s review, notice of proposed placement, s. 188 of the Act

70. A notice of a proposed placement by a licensee under subsection 188 (1) of the Act shall be in the form entitled “Notice to a Director of Proposed Placement” and dated 2018/03, available on a website of the Government of Ontario.

Director’s review, proposed placement, s. 190 of the Act

71. A request by a licensee that a Director review a proposed placement under subsection 190 (1) of the Act shall be in the form entitled “Request to Director for Review of Proposed Placement” and dated 2018/03, available on a website of the Government of Ontario.

Licensee’s trust account

72. (1) A licensee shall establish and maintain a trust account in a bank listed in Schedule I or II to the Bank Act (Canada), a trust corporation registered under the Loan and Trust Corporations Act or a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 2020. O. Reg. 156/18, s. 72 (1); O. Reg. 95/22, s. 1.

(2) The licensee shall ensure that all funds received by the licensee from prospective adoptive parents are deposited in the trust account.

(3) The licensee shall not withdraw money paid into the trust account unless,

(a)  the licensee obtains the consent of the prospective adoptive parents for whom the money is held; and

(b)  the money is withdrawn only for expenses incurred for services provided by the licensee with respect to the adoption of a child by the prospective adoptive parents.

(4) The licensee shall return any money remaining in the trust account after expenses are paid to the person who paid the money to the licensee.

(5) The licensee shall keep a separate book of accounts showing all deposits and withdrawals from the trust account, the name of the prospective adoptive parent for whom the deposit or withdrawal is made and the date of each deposit or withdrawal.

Licensee’s record of money received, expenditures

73. A licensee shall keep a record of all money received and expenditures made with respect to the placement of children for adoption.

Licensee’s financial reports

74. (1) A Director may request that a licensee prepare and submit financial reports to the Director with respect to the licensee’s placement of children for adoption.

(2) Without limiting the generality of subsection (1), the request may be for reports prepared by a public accountant who is licensed or holds a certificate of authorization under the Public Accounting Act, 2004.

(3) The licensee shall comply with a request under this section.

Licensee, society to open and maintain files

75. (1) Each licensee and each society shall open and maintain a separate file with respect to,

(a)  each person who is a parent within the meaning of subsection 180 (1) of the Act who relinquishes a child to the licensee or society for adoption;

(b)  each prospective adoptive parent;

(c)  each child who is placed or who is intended to be placed for adoption by the licensee or society; and

(d)  each foster parent who provides services to the licensee or society in connection with an adoption.

(2) The licensee or society shall review each file referred to in subsection (1) and update the file at least every six months until the file is closed.

(3) For the purposes of clause 238 (b) of the Act, the licensee shall provide the records to the Minister within six months following the day on which the licence is revoked, renewal is refused or the licensee ceased to place children for adoption, as the case may be.

(4) The licensee shall permanently retain the records contained in each file referred to in subsection (1) unless the records are delivered to the Minister as required under clause 238 (b) of the Act.

(5) The society shall permanently retain the records contained in each file referred to in subsection (1). 

Application, licence to place children for adoption

76. (1) An application for a licence or a renewal of a licence to place children for adoption under subsection 229 (2) or (4) of the Act shall be made to a Director in the form entitled “Application for a Licence or Renewal of a Licence to Place Children for Adoption” and dated 2018/03, available on a website of the Government of Ontario.

(2) The application shall be accompanied by such other information as a Director considers necessary to enable the Director to determine whether the applicant would, if licensed, be in compliance with the Act and the regulations.

Licensee to provide information re change

77. A licensee that is a corporation shall, within 15 days after any change to the officers or directors of the corporation, notify a Director of the change and the role of the new director or officer.

Residential Licensing — Interpretation

Definitions

78. (1) In this section and sections 79 to 141,

“appliance” has the same meaning as in the fire code; (“appareil”)

“case record” means a case record maintained in accordance with section 93; (“dossier de cas”)

“discipline” means teaching positive behaviour to a child or young person and reinforcing that behaviour; (“discipline”)

“fire code” means the fire code established under Part IV of the Fire Protection and Prevention Act, 1997; (“code de prévention des incendies”)

“foster care licensee” means a licensee who provides residential care, directly or indirectly, for three or more children not of common parentage in one or more homes in which parent model foster care is provided; (“titulaire de permis de famille d’accueil”)

“physician” means a legally qualified medical practitioner; (“médecin”)

“program staff person” means a person employed in a children’s residence whose primary responsibility is the day to day care and supervision of residents; (“employé du programme”)

“registered nurse in the extended class” means a member of the College of Nurses of Ontario who holds an extended certificate of registration as a registered nurse; (“infirmière autorisée ou infirmier autorisé de la catégorie supérieure”)

“resident” means, with respect to a children’s residence, a child or young person admitted to the children’s residence. (“pensionnaire”)

(2) For the purposes of the definition of “foster care licensee” in subsection (1), parent model foster care is provided if the foster care is provided in a foster home by not more than two adults on a continuous basis.

Residential Licensing — Applications

Prescribed offences

79. Offences under the following provisions of the Criminal Code (Canada) are prescribed as offences for the purposes of section 245 of the Act:

1.  Section 151 (sexual interference).

2.  Section 153 (sexual exploitation).

3.  Section 163.1 (making child pornography).

4.  Section 215 (duty of persons to provide necessaries).

5.  Sections 229, 230, 231 or 235 (murder).

6.  Section 233 (infanticide).

7.  Section 239 (attempt to commit murder).

8.  Section 273 (aggravated sexual assault).

9.  Section 279.011 (trafficking of a person under the age of eighteen years).

10.  Subsection 279.02 (2) (material benefit - trafficking).

Additional requirements for applicants, children’s residences

80. (1) The following additional requirements are prescribed for the purposes of subsection 254 (2) of the Act for an applicant for a licence or the renewal of a licence to operate a children’s residence:

1.  An applicant for a new licence shall provide to a Director a copy of the site plan of the children’s residence and a drawing to scale that sets out the floor plan of the residence, showing windows, doors, exits and stairways and the proposed uses of each room in the residence. 

2.  An applicant for the renewal of a licence shall provide to a Director a copy of an updated site plan and drawing, as described in paragraph 1, if there has been a change to the children’s residence such that the last floor plan or drawing previously submitted to a Director is no longer up to date or if otherwise requested by the Director.

3.  An applicant for a new licence or the renewal of a licence shall provide a Director with documentation demonstrating that the premises that is being used or is to be used as a children’s residence complies with the requirements set out in subsection (2) and any other applicable law.

4.  An applicant for a new licence or the renewal of a licence shall keep on file the documentation set out in subsection (3) and, in the case of an applicant for a renewal, shall update the documentation if any information set out in the documentation has changed since the most recent documentation was prepared.

5.  An applicant for a new licence or the renewal of a licence shall provide any of the documentation to a Director if requested.

(2) The requirements mentioned in paragraph 3 of subsection (1) are the applicable requirements of,

(a)  the laws of the area in which the premises that is being used or is to be used as a children’s residence is located respecting the health of inhabitants of the area;

(b)  a rule, regulation, direction or order of the local board of health and any direction or order of the local medical officer of health;

(c)  any law for the protection of persons from fire hazards including the fire code and any by-law of a municipality in which the premises that is being or will be used as a children’s residence is located respecting the protection of persons from fire hazards;

(d)  a zoning by-law passed pursuant to the Planning Act, or any predecessor of that Act, by a municipality in which the premises that is being or will be used as a children’s residence is located; and

(e)  the building code made under the Building Code Act, 1992.

(3) The following is the documentation mentioned in paragraph 4 of subsection (1):

1.  A written proposal that outlines the program goals of the children’s residence, the types of residents to be served in the residence and the services to be provided in the residence.

2.  Documentation of the need for the children’s residence and a description of the needs of the residents to be served by the residence.

3.  Documentation of the community facilities and services that are available to the residents to be served by the children’s residence and a description of how they will be accessed by them and how they are appropriate for them.

4.  Written evidence of consultation with community facilities and services that will provide services to the residents to be served by the children’s residence.

5.  Information concerning facilities that are similar to the children’s residence or that offer similar services to the residence within the community and their proximity to the proposed site of the residence.

6.  A description of the community in which the applicant proposes to establish the children’s residence and of the ways in which the community will be suitable for the residence.

7.  Evidence that the municipalities and school boards in the area where the children’s residence is to be located have been notified in writing of the intent to establish a residence.

8.  A plan for securing neighbourhood acceptance of the children’s residence.

9.  A plan for securing funds to establish, equip and operate the children’s residence.

Note: On July 1, 2023, the Regulation is amended by adding the following sections: (See: O. Reg. 350/22, s. 7)

Requirements Common to All Licensees

Educational resources and planning

80.1 (1) A licensee who holds a licence issued under Part IX (Residential Licensing) of the Act shall ensure that any place where residential care is provided under the authority of the licence includes a space or spaces that constitute a suitable environment for each child or young person receiving residential care to undertake their studies, including completing homework and other assignments, that is responsive to each child or young person’s individual needs and appropriate given their age and maturity. O. Reg. 350/22, s. 7.

(2) A licensee who holds a licence issued under Part IX of the Act or a person designated by the licensee shall, for the purposes of identifying and utilizing all relevant educational resources available for children or young persons receiving residential care under the authority of the licence, consult at least once in a year with,

(a)  the school boards in the area in which is located the children’s residence or other place where residential care is provided under the authority of the licence; and

(b)  any entity referred to in subsection (3) that operates a school in the area in which is located the children’s residence or other place where residential care is provided under the authority of the licence. O. Reg. 350/22, s. 7.

(3) The entities mentioned in clause (2) (b) are the following:

1.  Any band, or any council of the band within the meaning of the Indian Act (Canada).

2.  The Crown in right of Canada.

3.  Any education authority within the meaning of the Education Act that is authorized by an entity referred to in paragraphs 1 or 2. O. Reg. 350/22, s. 7.

(4) A licensee who holds a licence issued under Part IX of the Act or a person designated by the licensee shall provide a parent, placing agency or other person who places a child or young person to receive residential care under the authority of the licence with,

(a)  information respecting the educational resources identified by the licensee under subsection (2) that are available in the area where the child or young person receives residential care; and

(b)  the name and contact information of a person or persons responsible for the provision of residential care to the child or young person and who may be contacted by the child or young person’s school or other educational program regarding the child or young person’s education or in emergency situations in which the parent, placing agency or other person who places the child or young person is unavailable. O. Reg. 350/22, s. 7.

(5) The licensee or person designated by the licensee shall also provide the information referred to in clause (4) (b) to the child or young person’s school or other educational program. O. Reg. 350/22, s. 7.

(6) Subject to subsection (7), if a child or young person receiving residential care under the authority of a licence issued under Part IX of the Act is to be absent from school or from another educational program, the licensee who holds the licence or a person designated by the licensee shall, in advance of the absence, inform the parent, placing agency or other person who placed the child or young person of the absence and the reasons for it. O. Reg. 350/22, s. 7.

(7) If, due to the nature of the absence, the licensee or person designated by the licensee is unable to inform the parent, placing agency or other person who placed the child of the absence and the reasons for it before the absence occurs, the licensee or person designated by the licensee shall do so within 24 hours after learning of the absence. O. Reg. 350/22, s. 7.

(8) The licensee or person designated by the licensee shall document the actions taken to comply with subsections (6) and (7). O. Reg. 350/22, s. 7.

(9) In this section,

“educational program” means a program providing satisfactory instruction for the purposes of clause 21 (2) (a) of the Education Act. O. Reg. 350/22, s. 7.

Transfer or discharge of a child or young person

80.2 If a child or young person is transferred or discharged from a children’s residence or other place where residential care is provided under the authority of a licence issued under Part IX (Residential Licensing) of the Act, the licensee who holds the licence shall, as soon as possible and no later than seven days after the transfer or discharge, provide the following information to the person or agency to whom the child or young person is transferred or discharged:

1.  A copy of the most recent version of the child or young person’s plan of care.

2.  A copy of the most recent version of the child’s safety plan, if one is required for the child.

3.  Any other information that, in the opinion of the licensee, is relevant to the provision of residential care to the child or young person at the time of the transfer or discharge. O. Reg. 350/22, s. 7.

Obligation to employ or engage qualified personnel

80.3 (1) Subject to subsection (4), a licensee who holds a licence issued under Part IX (Residential Licensing) of the Act shall ensure that the following persons, with the exception of persons described in subsection (2), have the qualifications described in subsection (3):

1.  Any persons employed or otherwise engaged by the licensee to provide direct care to, or supervise, a child or young person in a children’s residence or another place where residential care is provided under the authority of the licensee’s licence.

2.  Any persons employed or otherwise engaged by the licensee to supervise persons described in paragraph 1. O. Reg. 350/22, s. 7.

(2) Subsection (1) does not apply with respect to,

(a)  foster parents;

(b)  persons with whom a child has been placed for adoption under Part VIII (Adoption and Adoption Licensing) of the Act; and

(c)  volunteers providing services in a children’s residence or another place where residential care is provided under the authority of a licence. O. Reg. 350/22, s. 7.

(3) The qualifications mentioned in subsection (1) are,

(a)  holding a certificate, diploma or degree that meets the requirements set out in subsection (5);

(b)  having experience and skills that are directly relevant to,

(i)  the duties of the person in question,

(ii)  the program provided by the licensee, and

(iii)  the needs of the children or young persons served by the licensee; or

(c)  being a First Nations, Inuk or Métis Elder, Knowledge Keeper, Healer, Medicine Person, Traditional Person or Cultural Person and possessing, in that capacity, cultural knowledge and skills that are directly relevant to the matters referred to in subclauses (b) (i) to (iii). O. Reg. 350/22, s. 7.

(4) A licensee who holds a licence issued under Part IX of the Act may employ or otherwise engage a person who does not have the qualifications described in subsection (3) to perform the activities described in paragraphs 1 or 2 of subsection (1) if the person is enrolled in a program to obtain a certificate, diploma or degree that meets the requirements set out in subsection (5), in which case the licensee shall,

(a)  ensure that the person is supervised, while engaging in those activities, by a person who has any of the qualifications described in subsection (3); and

(b)  verify, at least once every twelve months, that the person is enrolled in the program. O. Reg. 350/22, s. 7.

(5) For the purposes of clause (3) (a), a certificate, diploma or degree must meet the following requirements:

1.  The program that led to the issuance of the certificate, diploma or degree must have,

i.  included content, both academic and practical, that is directly relevant to,

A.  the duties of the person in question,

B.  the program provided by the licensee, and

C.  the needs of the children or young persons served by the licensee, and

ii.  received any approvals required by the legislation governing the educational institution that issued the certificate, diploma or degree in question.

2.  The certificate, diploma or degree must have been issued by,

i.  a university or other post-secondary institution in Ontario that, at the time the program leading to the certificate, diploma or degree is completed, is authorized to grant degrees by an Act of the Legislature or an Act of the Parliament of Canada,

ii.  in respect of a certificate, diploma or degree that constitutes a degree within the meaning of the Post-secondary Education Choice and Excellence Act, 2000, a person that, at the time the program leading to the certificate, diploma or degree is completed, has the consent of the Minister of Training, Colleges and Universities under section 4 of that Act to offer the program,

iii.  a college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002,

iv.  a private career college providing a vocational program that has been approved under the Private Career Colleges Act, 2005,

v.  an Indigenous Institute prescribed by a regulation made under section 6 of the Indigenous Institutes Act, 2017,

vi.  a board as defined in the Education Act, but only in the case of a personal support worker program, or

vii.  an educational institution outside of Ontario, provided that the certificate, diploma or degree is substantially similar to one that could have been issued by an educational institution otherwise described in this paragraph. O. Reg. 350/22, s. 7.

(6) A licensee who holds a licence issued under Part IX of the Act shall, in respect of each person employed by or otherwise engaged by the licensee to perform the activities described in paragraphs 1 or 2 of subsection (1), ensure that the person’s job title and a description of the their responsibilities is maintained in the person’s file, in addition to the following:

1.  In the case of a person who holds a certificate, diploma or degree that meets the requirements of subsection (5),

i.  a copy of the person’s certificate, diploma or degree or another document prepared by the relevant educational institution indicating that the certificate, diploma or degree was issued to the person, and

ii.  a description of how the content of the program leading to the certificate, diploma or degree, as the case may be, is directly relevant to the matters referred to in subparagraph 1 i of subsection (5).

2.  In the case of a person who is enrolled in a program to obtain a certificate, diploma or degree that meets the requirements of subsection (5) and who does not otherwise have the qualifications required by this section,

i.  a description of the program that the person is enrolled in,

ii.  details of who is responsible for supervising the person, including a description of their qualifications as they relate to the requirements of this section, and

iii.  an indication of when the licensee last verified that the person was enrolled in the program under clause (4) (b).

3.  In the case of a person who has experience and skills referred to in clause (3) (b),

i.  a description of the experience and skills that the person has that are directly relevant to the matters referred to in that clause, and

ii.  an indication of whether the person is a First Nations, Inuk or Métis Elder, Knowledge Keeper, Healer, Medicine Person, Traditional Person or Cultural Person.

4.  In the case of a First Nations, Inuk or Métis Elder, Knowledge Keeper, Healer, Medicine Person, Traditional Person or Cultural Person who possesses the cultural knowledge and skills referred to in clause (3) (c), an indication that the person is a First Nations, Inuk or Métis Elder, Knowledge Keeper, Healer, Medicine Person, Traditional Person or Cultural Person possessing such knowledge and skills. O. Reg. 350/22, s. 7.

(7) A licensee who holds a licence issued under Part IX of the Act shall maintain and keep up to date written policies and procedures for verifying whether a person to be employed or engaged by the licensee to perform the activities described in paragraphs 1 or 2 of subsection (1) possesses the qualifications required by this section. O. Reg. 350/22, s. 7.

Operation of a Children’s Residence

Operation of a children’s residence

81. (1) A licensee who operates a children’s residence is responsible for its operation and management, including the operation and management of the program offered in the residence and the administration of the residence’s finances and personnel.

(2) A licensee who operates a children’s residence may appoint a person to be responsible to the licensee for the day to day operation and management of the children’s residence.

(3) The appointment shall be in writing and set out a specific timeframe for which it is valid.

Policies and procedures

82. (1) A licensee who operates a children’s residence shall maintain and keep up to date written policies and procedures for the residence respecting,

(a)  the purpose of the residence;

(b)  the program provided in the residence;

(c)  the admission and discharge of residents to and from the residence;

(d)  the manner in which planning for the care provided to residents is carried out and the manner in which the care is monitored and evaluated;

(e)  how case records are maintained;

(f)  methods of discipline and intervention that may be used and may not be used in the residence;

(g)  a health program for residents that provides for,

(i)  access by residents to community health programs,

(ii)  arrangements for a physician or a registered nurse in the extended class to advise the licensee on an ongoing basis on the medical care required by the residents,

(iii)  arrangements for a dentist to advise the licensee on an ongoing basis on the dental care required by the residents,

(iv)  assessments of the residents’ general health, vision, hearing and oral health, at least annually,

Note: On July 1, 2023, subclause 82 (1) (g) (iv) of the Regulation is amended by striking out “annually” at the end and substituting “once every 13 months”. (See: O. Reg. 350/22, s. 8 (1))

(v)  health education for the residents, and

(vi)  the carrying out of procedures recommended by a physician, a nurse in the extended class or a dentist for the prevention and control of disease;

(h)  the methods to be used to maintain the security of the residence;

(h.1)  how the licensee will ensure that the children’s residence is kept safe and clean;

(i)  how a resident’s parent will be involved with the program provided in the residence;

(j)  the administrative structure of the residence;

(k)  practices, including supervisory practices, to be followed by staff in the children’s residence;

(l)  the conduct of persons employed in the residence, other than any policies and procedures concerning their conduct that may be set out in a collective agreement between the licensee and the licensee’s employees;

  (m)  emergency situations;

(n)  the financial administration of the residence;

(o)  how residents are encouraged to participate in community activities;

(p)  articles prohibited by the licensee for the purposes of subsections 10 (3) and (4) of the Act;

(q)  the manner in which residents may express concerns or make complaints;

(q.1)  the manner in which staff and residents are informed of the rights of children under Part II of the Act;

(q.2)  the manner in which a resident is supported in relation to any work done and money earned by the resident both inside and outside of the residence; and

(r)  situations in which the policies and procedures under this section or the requirements of section 109 of this Regulation or section 4 of the Act are not complied with. O. Reg. 156/18, s. 82 (1), 144.

(2) The licensee shall ensure that a copy of the policies and procedures is kept in the children’s residence in a place that is accessible to staff. O. Reg. 156/18, s. 82 (2).

Note: On July 1, 2023, section 82 of the Regulation is amended by adding the following subsections: (See: O. Reg. 350/22, s. 8 (2))

(3) The licensee shall ensure that the policies and procedures are consistent with any applicable requirements of the Act and its regulations and any other applicable law. O. Reg. 350/22, s. 8 (2).

(4) The licensee shall ensure that persons to whom the policies and procedures apply comply with the policies and procedures, including all persons providing direct care and supervision to residents on behalf of the licensee. O. Reg. 350/22, s. 8 (2).

Orientation re policies and procedures

83. (1) A licensee who operates a children’s residence shall ensure that each person employed to work in the children’s residence,

(a)  receives an orientation to the policies and procedures of the residence, including the policies and procedures respecting emergency situations, within 30 days after commencing their employment in the residence; and

Note: On July 1, 2023, clause 83 (1) (a) of the Regulation is amended by striking out “an orientation to” and substituting “training on”. (See: O. Reg. 350/22, s. 9 (1))

(b)  reviews the policies and procedures at least once in every year following the year in which the person began working in the residence.

Note: On July 1, 2023, clause 83 (1) (b) of the Regulation is amended by striking out “in every year following the year in which the person began working in the residence” at the end and substituting “every 12 months”. (See: O. Reg. 350/22, s. 9 (2))

Note: On July 1, 2023, subsection 83 (1) of the Regulation is amended by striking out “and” at the end of clause (a), by adding “and” at the end of clause (b) and by adding the following clause: (See: O. Reg. 350/22, s. 9 (3))

(c)  reviews any changes to the policies and procedures before they take effect.

(2) The licensee shall keep a record of any orientation provided to a person employed in the children’s residence in accordance with subsection (1) and the record shall include the signature of the person who received the orientation.

Note: On July 1, 2023, subsection 83 (2) of the Regulation is amended by striking out “orientation” wherever it appears and substituting in each case “training”. (See: O. Reg. 350/22, s. 9 (4))

Serious occurrence reporting

84. (1) A licensee who operates a children’s residence shall report to a person listed in subsection (3) any of the following occurrences concerning a resident within 24 hours of the occurrence:

1.  A resident dies.

2.  A resident is seriously injured.

3.  The licensee or a member of the licensee’s staff injures a resident.

4.  A resident is abused or mistreated.

5.  The licensee or a member of the licensee’s staff uses a physical restraint on a resident.

6.  The licensee or a member of the licensee’s staff uses a mechanical restraint in the circumstances described in subsection 156 (2) or section 160 of the Act.

7.  A complaint is made by or about a resident that the licensee considers to be of a serious nature.

8.  A resident resides in the children’s residence and a fire or other disaster occurs in the residence.

9.  Any other serious occurrence concerning a resident takes place, other than an occurrence described in paragraphs 1 to 8.

(2) A licensee who operates a children’s residence shall report to a person listed in subsection (3) any of the following occurrences concerning a resident immediately after the occurrence:

1.  A resident is absent from the residence without permission for 24 hours or more.

2.  A resident is absent from the residence without permission for a period of time that is less than 24 hours, and the licensee considers the absence to be a serious matter.

(3) The following are the persons mentioned in subsections (1) and (2):

1.  A parent of the resident.

2.  If the resident was placed by a person and that person was also involved in the development of the resident’s plan of care, the person who placed the resident.

3.  If the resident was placed by a society, the society that placed the resident.

4.  A Director, except in the case of an occurrence described in paragraph 1 or 2 of subsection (2).

5.  Only in the case of an occurrence described in paragraph 1 or 2 of subsection (2), the police force having jurisdiction in the area where the residence is located.

Request for admission

85. (1) If a licensee who operates a children’s residence receives an application for admission of a child to the children’s residence, the licensee shall ensure that the applicant is notified in writing as soon as possible in the circumstances of the licensee’s decision with respect to the application.

(2) If the licensee is unable to notify the applicant within 21 days after the day the application is received, the licensee shall advise the applicant in writing of the reasons for the delay.

(3) If the licensee decides to admit the child, the licensee shall notify the applicant in writing of the anticipated date of admission of the child.

Assessment of child

86. Except in the case of an admission of a young person who has been ordered into detention or custody by a youth justice court, before a licensee decides whether to admit a child to a children’s residence operated by the licensee, the licensee shall ensure that,

(a)  a preliminary assessment is made of the child that sets out,

(i)  the immediate needs of the child,

(ii)  if it can be determined in the circumstances, whether the child is likely to be returned home,

(iii)  the child’s legal status, and

(iv)  any other information that, in the opinion of the licensee, is relevant to the immediate provision of residential care to the child;

(b)  the immediate objectives of the provision of residential care are determined, taking into account the developmental, emotional, social, medical and educational needs of the child; and

(c)  a written record is prepared that sets out,

(i)  any immediate needs of the child that cannot be met in the children’s residence, if they can be ascertained, and

(ii)  how those immediate needs will otherwise be met.

Note: On July 1, 2023, section 86 of the Regulation is revoked and the following substituted: (See: O. Reg. 350/22, s. 10)

Application, pre-admission assessments and safety plans

86. Sections 86.1 to 86.5 do not apply with respect to a young person, where the young person has been ordered into detention or custody by a youth justice court. O. Reg. 350/22, s. 10.

Pre-admission assessments

86.1 (1) Before a child may be admitted to a children’s residence, the licensee that operates the children’s residence and, if the child is being placed by a placing agency that is not the licensee, the placing agency, shall assess whether the immediate needs of the child can be met in the children’s residence by carrying out the steps described in this section. O. Reg. 350/22, s. 10.

(2) Except where the placing agency is the licensee, the licensee shall collect, from the placing agency or person placing the child, the information about the child set out in subsection (5) that is mandatory for the assessment and, if the information is available when carrying out the steps described in subsection (3), the information set out in subsection (6) that is optional for the assessment. O. Reg. 350/22, s. 10.

(3) The licensee shall prepare a record setting out the information about the child described in subsection (2) and shall,

(a)  conduct an evaluation to determine whether the child’s immediate needs can be met in the children’s residence and prepare a written report setting out the evaluation, which must indicate whether any immediate needs of the child cannot be met in the children’s residence and contain the information set out in subsection (7);

(b)  based on the evaluation, prepare a written report setting out the licensee’s conclusions on whether the child’s immediate needs can be met in the children’s residence, which must set out,

(i)  the licensee’s determination of how the child’s immediate needs will be met if the child were admitted to the children’s residence, including the licensee’s conclusions on whether there are any immediate needs of the child that cannot be met in the children’s residence, and

(ii)  how those immediate needs that cannot be met in the children’s residence will otherwise be met; and

(c)  except where the placing agency is the licensee, provide the report referred to in clause (b) and information about the proposed placement referred to in subsection (8) to the person placing the child or the placing agency. O. Reg. 350/22, s. 10.

(4) If the child is being placed by a placing agency, the placing agency shall,

(a)  consult with the child on the proposed placement, to the extent possible given the child’s age and maturity;

(b)  prepare a written report setting out the child’s views or the reasons for which it was not possible to consult with the child given the child’s age and maturity, as the case may be;

(c)  consult, to the extent possible in the circumstances, with any other person or entity that, in the opinion of the placing agency, would have information relevant to the proposed placement and the determination as to whether the placement will meet the child’s immediate needs;

(d)  prepare a written report setting out the views of the persons or entities consulted with under clause (c) or the reasons for which no person or entity was consulted under that clause, as the case may be; and

(e)  based on the documentation referred to in clause (3) (c), the views of the child, if applicable, the views of any person or entity that was consulted and any other information known to the placing agency about the child, assess whether the proposed placement will meet the child’s immediate needs and prepare a report setting out the assessment. O. Reg. 350/22, s. 10.

(5) For the purposes of subsection (2), the following is the information about the child that is mandatory for the assessment:

1.  The child’s name, age and gender.

2.  The objectives of the person placing the child or the placing agency.

3.  Information about the immediate needs of the child that is reasonably necessary for the purposes of performing the assessment under this section, including, as may be necessary, information about any immediate developmental, emotional, social, medical, psychological and educational needs and any immediate needs related to any behavioural challenges or any trauma experienced by the child.

4.  If the child is being placed by a society, the basis on which the child is in the society’s care.

5.  Any behaviours of the child that may pose a risk to the safety of the child or others or any other risks to the child’s safety that are known to the licensee, as well as the safety measures that should be implemented in order to mitigate those risks if the child were to be placed in a children’s residence.

6.  The circumstances necessitating residential care of the child.

7.  Any other information that, in the opinion of the person placing the child or the placing agency, is relevant to the provision of residential care to the child by the licensee. O. Reg. 350/22, s. 10.

(6) For the purposes of subsection (2), the following is the information about the child that is optional for the assessment:

1.  Any information set out in a personal, family and social history or assessment respecting the child that has been prepared by or provided to the placing agency or other person placing the child and that is relevant to the assessment under this section.

2.  The strengths of the child, including information about their personality, aptitudes and abilities.

3.  Information respecting the child’s identity characteristics. O. Reg. 350/22, s. 10.

(7) The written evaluation, referred to in clause (3) (a), of whether the child’s immediate needs can be met in the children’s residence shall contain,

(a)  the information, described in subsection (2), about the child whose admission is being proposed;

(b)  details of any training completed by persons that would be providing direct care to the child in the residence; and

(c)  with respect to any resident or adult who will be receiving residential care in the children’s residence at the time of the proposed placement,

(i)  their age and gender, if relevant to the evaluation,

(ii)  a general description of their needs and of the services and supports provided to them, including details of any additional staffing required to meet those needs and an indication of whether any of the residents or adults has a safety plan in place, and

(iii)  an assessment of how those needs might impact on the care to be provided to the child whose admission is being proposed. O. Reg. 350/22, s. 10.

(8) The following is the information respecting the proposed admission to be provided by the licensee to the person placing the child or the placing agency under clause (3) (c):

1.  An indication of any training provided to persons providing direct care to residents that are relevant to the care of the child to be admitted to the residence.

2.  The number of children and adults receiving residential care in the proposed children’s residence at the time at which the child will be admitted into the residence.

3.  The ages, gender and information about the needs of the persons described in paragraph 2, as well as the services and supports required to meet those needs, that might impact on the services to be provided to the child to be admitted to the children’s residence. O. Reg. 350/22, s. 10.

(9) Despite clause (3) (c), a licensee shall not provide, to the person placing the child or the placing agency, any information referred to in subsection (8) that constitutes personal information. O. Reg. 350/22, s. 10.

(10) Any report referred to in this section shall be dated to indicate the date on which it was prepared. O. Reg. 350/22, s. 10.

(11) A licensee who operates a children’s residence shall keep a record of the date on which the licensee provides the report or any information as required under clause (3) (c). O. Reg. 350/22, s. 10.

Conditions on placement and admission

86.2 (1) A placing agency shall not place a child in a children’s residence unless the placing agency has completed all of the applicable steps of the assessment described in section 86.1. O. Reg. 350/22, s. 10.

(2) A placing agency that decides to place a child in a children’s residence shall,

(a)  notify the child of the decision as soon as reasonably possible after the decision has been made but before the child is admitted to the residence;

(b)  make a record of any measures that the licensee determines should be implemented prior to the child’s admission to ensure that the immediate needs of all residents of the children’s residence and any adults receiving residential care in the children’s residence are met, including details of any additional services and supports to be provided to the child or other residents or adults; and

(c)  before the child’s admission to the residence, provide the licensee that operates the residence with the reports prepared in accordance with subsection 86.1 (4) and the record prepared under clause (b). O. Reg. 350/22, s. 10.

(3) A licensee who operates a children’s residence may not permit a child to be admitted to the residence unless,

(a)  all of the applicable steps of the assessment described in section 86.1 have been completed; and

(b)  if the child engages in behaviours that may pose a risk to the safety of the child or others or if there are other risks to the child’s safety that are known to the licensee, the licensee has conducted a safety assessment as required by section 86.3 and, if required, prepared a safety plan. O. Reg. 350/22, s. 10.

(4) Where a child is admitted to a children’s residence, the licensee operating the residence shall ensure that,

(a)  any optional information for the assessment set out in subsection 86.1 (6) that was not previously collected is collected as soon as possible but no later than 30 days after the child’s admission to the residence; and

(b)  any documents that it has prepared or received under section 86.1 are maintained in the child’s case record. O. Reg. 350/22, s. 10.

Requirement for safety plans

86.3 (1) A licensee who operates a children’s residence shall, as required by this section, conduct a safety assessment in respect of any child who is to be admitted to the residence and in respect of residents in order to determine whether a safety plan is required for the child or resident. O. Reg. 350/22, s. 10.

(2) For the purposes of this section, conducting a safety assessment in respect of a child or resident consists of,

(a)  making reasonable efforts to determine whether the child or resident engages in behaviours that may pose a risk to the safety of themselves or others or whether there are other risks to the child or resident’s safety, on the basis of all information known to the licensee including information about the child or resident’s needs and behaviours contained in,

(i)  any documents or information collected by the licensee or any documents created by the licensee as part of the pre-admission assessment described in section 86.1,

(ii)  in the case of a resident, any serious occurrence reports or other reports concerning the resident prepared by the licensee or persons providing direct care to the resident on behalf of the licensee and any plan of care developed for the resident; and

(b)  obtaining the view of the person who is placing or who placed the child or resident or of the placing agency, as the case may be, on the need for a safety plan for the child or resident. O. Reg. 350/22, s. 10.

(3) The licensee shall document any safety assessment conducted under this section and ensure that the documentation is maintained in the child or resident’s case record. O. Reg. 350/22, s. 10.

(4) A safety plan is required for a child or resident under this section if, after conducting a safety assessment, the licensee determines that,

(a)  the child or resident engages in behaviours that may pose a risk to the safety of themselves or others or there are other risks to the safety of the child or resident; or

(b)  the view of the person who is placing or who placed the child or the placing agency, as the case may be, is that a safety plan is needed. O. Reg. 350/22, s. 10.

(5) Unless a safety plan has already been developed for a child or resident in accordance with section 86.4, a safety assessment must be conducted by the licensee,

(a)  in the case of a child who is to be admitted to the residence, before the child’s admission;

(b)  in the case of a resident,

(i)  during the development of the resident’s written plan of care,

(ii)  during a review of the resident’s written plan of care, and

(iii)  immediately following any situation during which the resident engages in any behaviours which may pose a risk to the safety of the resident or others or during which the resident’s safety is otherwise put at risk. O. Reg. 350/22, s. 10.

(6) If a safety plan is required for a child or resident, the licensee shall ensure that a safety plan is developed in accordance with the requirements of section 86.4 as soon as possible and, in the case of a child who is to be admitted to the residence, before the child’s admission. O. Reg. 350/22, s. 10.

(7) Within 30 days after the day on which section 10 of Ontario Regulation 350/22 comes into force, a licensee who operates a children’s residence shall, in respect of every child who, on that day, is a resident of the children’s residence,

(a)  conduct a safety assessment in respect of the resident; and

(b)  if a safety plan is required, develop a safety plan as soon as possible in accordance with the requirements of section 86.4. O. Reg. 350/22, s. 10.

Development of safety plan

86.4 (1) In addition to any other information that the licensee who is developing the safety plan considers appropriate, a safety plan required under section 86.3 shall set out,

(a)  the child’s behaviours that may pose a risk to the safety of the child or others and any other reasons for which the safety of the child is at risk;

(b)  safety measures, including the amount of any supervision required, to prevent the child from engaging in behaviours that may pose a risk to the safety of the child or others or to otherwise protect the child and which are informed by the information provided by the person who is placing or who placed the child or the placing agency, as the case may be, respecting the safety measures that should be implemented;

(c)  procedures to be followed by the licensee’s staff and any other persons providing direct care to the child on behalf of the licensee in circumstances in which the child engages in behaviours referred to in clause (a) or in which the safety of the child is otherwise at risk;

(d)  any recommendations, to which the licensee has access, from persons that provided or are providing specialized consultation services, specialized treatment or other clinical supports to address the child’s behaviours referred to in clause (a);

(e)  any clinical or other supports to be provided to the child to address the behaviours referred to in clause (a); and

(f)  the names, contact information and, if applicable, job titles of any persons consulted on and involved in the development of the safety plan, including the date or dates on which they were consulted. O. Reg. 350/22, s. 10.

(2) Subject to subsection (3), the licensee shall consult with the following persons and involve them in the development of the safety plan:

1.  The placing agency, if the placing agency is not the licensee.

2.  The child, to the extent possible given their age and maturity.

3.  The child’s parents, if appropriate.

4.  In the case of a child who is a First Nations, Inuk or Métis child, a representative chosen by each of the child’s bands or First Nation, Inuit or Métis communities. O. Reg. 350/22, s. 10.

(3) If it is not possible in the circumstances for all of the persons listed in subsection (2) to be consulted on or involved in the development of the safety plan,

(a)  the licensee may nonetheless complete the safety plan; and

(b)  the licensee shall, on an ongoing basis, make reasonable efforts to ensure that the relevant persons are consulted on and involved in the development of the safety plan and shall amend the safety plan as necessary. O. Reg. 350/22, s. 10.

(4) The licensee shall note in the case record of the child for whom the safety plan is being developed, if applicable,

(a)  the reasons that a person listed in subsection (2) was not consulted on or involved in the development of the safety plan; and

(b)  a description of any efforts made by the licensee pursuant to clause (3) (b). O. Reg. 350/22, s. 10.

(5) The licensee shall ensure that the persons listed in subsection (2), except for the child’s parents if it has been determined to be inappropriate to consult with and involve them in the development of the safety plan, receive a copy of the child’s safety plan at the following times:

1.  In the case of a safety plan developed for a child to be admitted to the children’s residence, before the admission.

2.  In the case of a safety plan developed for a resident, as soon as possible after it is developed. O. Reg. 350/22, s. 10.

Review of safety plan

86.5 (1) A licensee who operates a children’s residence shall review the safety plan of the residents, in accordance with this section. O. Reg. 350/22, s. 10.

(2) A safety plan must be reviewed during the development of the resident’s written plan of care and during a review of the resident’s written plan of care. O. Reg. 350/22, s. 10.

(3) A safety plan must also be reviewed immediately after any of the following occurs:

1.  The resident engages in behaviour that poses a risk to the safety of the resident or others or a situation occurs in which the resident is put at risk.

2.  An incident occurs during which the measures set out in the safety plan are shown to be ineffective in preventing the resident from engaging in behaviours that may pose a risk to the safety of the resident or others or from otherwise being put at risk.

3.  New information comes to the attention of the licensee respecting the safety risks posed by the resident, or to which the resident is subject, or behaviours of the resident that has implications for the information contained in the resident’s safety plan.

4.  The resident or a person consulted on and involved in developing the safety plan requests that the safety plan be reviewed. O. Reg. 350/22, s. 10.

(4) When reviewing a safety plan under this section, the licensee shall ensure that,

(a)  it still adequately keeps the resident and others safe and, if it doesn’t, an amended safety plan is developed;

(b)  the same process and requirements for the development of a safety plan set out in section 86.4 are also followed and complied with in reviewing the safety plan and, if applicable, developing an amended safety plan;

(c)  any amendments to the safety plan are documented and dated in the safety plan;

(d)  all information known to the licensee about the resident’s behaviours that might be relevant to the resident’s safety plan is considered, including information collected from persons providing direct care to the resident on behalf of the licensee; and

(e)  any recommendations received by the licensee from any individual named as a resource person for the resident under section 5 or any person who is assigned as the resident’s primary worker in the residence are incorporated into the safety plan. O. Reg. 350/22, s. 10.

(5) If a review is required because an incident referred to in paragraph 2 of subsection (3) occurs, the licensee shall ensure that measures to prevent the resident from engaging in behaviours that may pose a risk to the safety of the resident or others or to otherwise protect the resident that are different from any previously set out in the safety plan are developed and set out in the amended safety plan. O. Reg. 350/22, s. 10.

Staff review of safety plan

86.6 (1) A licensee who operates a children’s residence shall ensure that a resident’s safety plan is reviewed by any person providing direct care to the resident and that the review takes place,

(a)  before the person begins providing direct care to the resident for the first time;

(b)  as soon as possible after a safety plan is developed, if the person has been providing direct care to the resident before the plan was developed; and

(c)  as soon as possible after a safety plan is amended. O. Reg. 350/22, s. 10.

(2) The licensee shall ensure, each time the safety plan is reviewed by a person referred to in subsection (1), that the person confirms the review of the plan by signing the safety plan and indicating the date of the review. O. Reg. 350/22, s. 10.

Availability of safety plan

86.7 A licensee who operates a children’s residence shall ensure that,

(a)  a copy of any safety plan developed for a resident and any amended versions of the safety plan are kept in the resident’s case record; and

(b)  a copy of the most recent version of a resident’s safety plan is readily available at the children’s residence. O. Reg. 350/22, s. 10.

Implementation of safety plan

86.8 A licensee who operates a children’s residence shall ensure that any person who provides direct care to a resident on behalf of the licensee does so in accordance with the safety plan for the resident, if any. O. Reg. 350/22, s. 10.

Admission process

87. (1) Except in the case of an admission of a young person who has been ordered into detention or custody by a youth justice court, a licensee who operates a children’s residence shall, in respect of each child admitted to the residence, ensure that a written agreement respecting the provision of a service to the child that meets the requirements of section 88 is completed at the time of admission of the child to the children’s residence or as soon as possible after that.

(2) If it is not possible in the circumstances to complete an agreement before the child begins receiving residential care in the residence, the licensee shall obtain the following before the child begins receiving residential care in the residence:

1.  The consent for admission of the child required by section 22 of the Act.

2.  A consent and authorization for the licensee to obtain emergency medical treatment for the child.

Agreement re residential care

88. (1) Subject to subsection (5), a written agreement respecting the provision of residential care to a child shall be signed by,

(a)  the licensee;

(b)  the child, if the child has capacity, as defined in subsection 21 (1) of the Act and the child’s consent to the provision of residential care is required by section 22 of the Act;

(c)  if the child’s consent is required under section 22 of the Act and the child does not have capacity, as defined in subsection 21 (1) of the Act, the child’s nearest relative, as defined in that subsection;

(d)  the parent of the child, placing agency or other person who placed the child, except if the child is 16 or older and signs the agreement; and

(e)  in the case of a child in the care and custody of a society pursuant to a temporary care agreement under section 75 of the Act, the society and, if the child is a party to the agreement, the child.

(2) The agreement shall include the following:

1.  A consent and authorization for the licensee to,

i.  provide residential care to the child,

ii.  obtain emergency medical treatment for the child, and

iii.  if applicable, obtain and inspect records, reports and information concerning the child from persons named in the consent.

2.  Financial arrangements with respect to the licensee’s provision of residential care to the child.

3.  Provision for a review of the agreement at the request of the child, a parent of the child, the placing agency or other person who placed the child or the licensee.

(3) Subject to subsection (5), the licensee shall consult with the following persons and involve them in the development of the agreement:

1.  A society that is not the parent of the child but that provides services to the child.

2.  The child’s probation officer, if any.

3.  The parent of the child, placing agency or other person who placed the child.

4.  The child, to the extent possible given their age and maturity.

(4) Before the agreement is signed by the persons listed in subsection (1), the licensee shall,

(a)  ensure that the agreement is explained to the child to the extent possible and in language that is appropriate for the child given their age and maturity; and

(b)  obtain a signed acknowledgement from the child that the agreement has been explained, if possible.

(5) If it is not possible in the circumstances for all the persons listed in subsection (1) to sign the agreement or for the licensee to consult with or involve all of the persons listed in subsection (3) in the development of the agreement,

(a)  the licensee may complete the agreement despite the fact that it does not comply with subsection (1) or (3) or both; and

(b)  the licensee shall, on an ongoing basis, make reasonable efforts to have the agreement signed by the persons listed in subsection (1) or consult with or involve a person listed in subsection (3) and amend the agreement as necessary, or both, as the case may be, until the agreement complies with subsections (1) and (3).

(6) If it is not possible in the circumstances to obtain a signed acknowledgement from the child under clause (4) (b) before the agreement is signed, the licensee shall, until such an acknowledgement is obtained, make reasonable efforts to obtain one.

(7) The licensee shall note in the child’s case record, if applicable,

(a)  the reasons that a person listed in subsection (1) did not sign the agreement;

(b)  the reasons that a person listed in subsection (3) was not consulted on or involved in the development of the agreement; 

(c)  the reasons that the licensee did not obtain a signed acknowledgement from the child; and 

(d)  a description of any efforts made by the licensee pursuant to subsections (5) and (6).

Admission of residents — medical and dental treatment

89. (1) A licensee who operates a children’s residence shall,

(a)  ensure that a resident has received a general medical examination conducted by a physician or a registered nurse in the extended class within 30 days prior to admission or within 72 hours after admission; or

(b)  if it is not possible in the circumstances for the resident to have received a general medical examination in the time period described in clause (a),

(i)  note in the resident’s case record the circumstances that lead to the delay, and

(ii)  arrange for the examination as soon as possible in the circumstances after the 72 hour period has elapsed.

(2) If there are specific indications upon the admission of a resident that suggest that a medical examination or treatment is urgently needed by the resident, the licensee shall,

(a)  immediately arrange for the examination or treatment; or

(b)  if it is not possible in the circumstances to immediately arrange for the examination or treatment,

(i)  note in the resident’s case record the reasons for which the examination or treatment could not be immediately arranged, and

(ii)  arrange for the examination or treatment as soon as possible in the circumstances.

(3) A licensee who operates a children’s residence shall,

(a)  ensure that a resident has received a dental examination conducted by a dentist within six months prior to admission to the residence or within 90 days after admission; or

(b)  if it is not possible in the circumstances for the resident to have received a dental examination in the time period described in clause (a),

(i)  note in the resident’s case record the circumstances that lead to the delay, and

(ii)  arrange for the examination as soon as possible in the circumstances after the 90 day period has elapsed.

(4) Upon admission of a child or young person to a children’s residence, the licensee who operates the residence shall ensure that the following things are identified:

1.  Any medical treatment that the child or young person is receiving.

2.  Any medication that the child or young person is taking.

3.  Any allergy or physical ailment from which the child or young person is suffering.

(5) The licensee shall ensure that any treatment or medication referred to in paragraphs 1 and 2 of subsection (4) is continued, as necessary, to ensure the health and safety of the child or young person.

Orientation of child or young person

90. A licensee who operates a children’s residence shall ensure that, upon admission of a child or young person to the residence, the child or young person,

(a)  receives an orientation to,

(i)  the residence and the program provided in the residence, and 

(ii)  the residence’s fire and emergency procedures plan; and

Note: On July 1, 2023, clause 90 (a) of the Regulation is revoked and the following substituted: (See: O. Reg. 350/22, s. 11 (1))

(a)  receives an orientation in language suitable to their understanding and in accordance with their age and maturity in respect of,

(i)  the residence and the program provided in the residence,

(ii)  the residence’s fire and emergency procedures plan,

(iii)  the licensee’s policy as to whether or not the licensee uses or permits the use of physical restraints, and

(iv)  if applicable, the circumstances in which physical restraints may be used, including,

(A)  what constitutes a physical restraint under the Act, and

(B)  the rules governing the use of physical restraints under the Act, including the circumstances in which the child or young person may be physically restrained and the procedures that must be followed after any such use of physical restraint,

(v)  if applicable, the circumstances in which mechanical restraints may be used, including,

(A)  what constitutes a mechanical restraint under the Act, and

(B)  the rules governing the use of mechanical restraints under the Act, including the circumstances in which the child or young person may be restrained by means of mechanical restraints and the procedures that must be followed after any such use of mechanical restraints,

(vi)  the resident’s right to speak in private with and receive visits from the Ombudsman appointed under the Ombudsman Act and members of the Ombudsman’s staff, including with respect to concerns about the use of a physical restraint or a mechanical restraint; and

(b)  is informed of the procedures that exist for a resident to express concerns or make complaints.

Note: On July 1, 2023, section 90 of the Regulation is amended by adding the following subsections: (See: O. Reg. 350/22, s. 11 (2))

(2) The licensee shall ensure that the matters to be reviewed with a child or young person during an orientation are again reviewed with the child or young person as follows:

1.  7 days after the child or young person’s admission to the residence.

2.  As soon as reasonably possible after the child or young person requests that the information be reviewed with them.

3.  Any time at which, in the opinion of the licensee or a person designated by the licensee, the information should be reviewed with the child or young person. O. Reg. 350/22, s. 11 (2).

(3) The licensee shall document the following information in the case record of the child or young person:

1.  The date on which the child or young person received the orientation required under subsection (1).

2.  The dates on which the matters to be reviewed with a child or young person during an orientation are again reviewed with the child or young person under subsection (2).

3.  A written record signed by the child or young person that indicates that they understood the matters reviewed with them during the orientation or, if the child or young person refuses to sign such record, a written record documenting this fact. O. Reg. 350/22, s. 11 (2).

Transfer or discharge of a resident

91. If a resident of a children’s residence is transferred or discharged from the residence, the licensee who operates the residence shall, as soon as possible within 30 days after the transfer or discharge, provide the licensee, person or agency to whom the resident is transferred or discharged with a summary of the resident’s progress while in the residence, including a summary of the plan of care and an assessment of the resident’s needs at the time of the transfer or discharge.

Note: On July 1, 2023, section 91 of the Regulation is revoked. (See: O. Reg. 350/22, s. 12)

Register

92. A licensee who operates a children’s residence shall maintain a register of residents that includes, with respect to each resident,

(a)  their full name, sex and date of birth;

(b)  the name, address and telephone number of the parent of the resident, placing agency or other person who placed the resident;

(c)  if applicable, the fact that the resident has been placed in interim society care or extended society care;

(d)  the date of the resident’s admission; and

(e)  if the resident is transferred or discharged from the residence, the date of the transfer or discharge and the name of the licensee, person or agency to whom the resident is transferred or discharged.

Resident case record

93. (1) A licensee who operates a children’s residence shall maintain and keep up to date a written case record for each resident that includes,

(a)  the resident’s full name, sex and date of birth;

(b)  the name, address and telephone number of the parent of the child, placing agency or other person who placed the resident;

(c)  the reason for the resident’s admission;

(d)  any personal, family and social history or assessment that has been prepared by or provided to the licensee;

Note: On July 1, 2023, clause 93 (1) (d) of the Regulation is amended by adding “respecting the resident” after “assessment”. (See: O. Reg. 350/22, s. 13 (1))

(e)  a cumulative record of reports of medical and dental examinations and treatments given to the resident that have been provided to the licensee and of reports of all medical and dental examinations and treatments given to the resident after the date of their admission to the residence;

(f)  if it can be obtained by the licensee, any legal document that is concerned with the resident’s admission and stay in the residence, including any consent to admission, treatment and release of information;

(g)  a copy of the agreement described in section 88 respecting the resident, including any revised version of the agreement and particulars of any reviews of the agreement;

(h)  the resident’s school records and reports, if applicable;

(i)  the particulars of any review of the resident’s status;

Note: On July 1, 2023, clause 93 (1) (i) of the Regulation is revoked. (See: O. Reg. 350/22, s. 13 (2))

(j)  information respecting the child’s plan of care required to be included in the case record under subsection 94 (6);

Note: On July 1, 2023, clause 93 (1) (j) of the Regulation is revoked. (See: O. Reg. 350/22, s. 13 (2))

(k)  any serious occurrence involving the resident reported under section 84, including the time of the occurrence, the name of the person reporting it and the person to whom the report was made;

(l)  if the licensee or a member of the licensee’s staff opens, removes an article from or withholds any written communication intended for the resident under subsection 10 (3) or (4) of the Act, the reasons for which the written communication was opened or withheld or the article removed;  

  (m)  information respecting the resident’s,

(i)  personality, behaviour, aptitudes and abilities,

Note: On July 1, 2023, subclause 93 (1) (m) (i) of the Regulation is revoked. (See: O. Reg. 350/22, s. 13 (2))

(ii)  involvement with court, and

(iii)  experiences of separation from individuals who are or have been significant in the resident’s life;

(n)  if applicable,

(i)  documentation respecting the circumstances of transfer or discharge of the resident from the children’s residence,

(ii)  the name and address of the licensee, person or agency to whom the resident is transferred or discharged,

(iii)  a description of the relationship between the resident and the licensee, person or agency to whom the resident is transferred or discharged, and

(iv)  the summary referred to in section 91;

Note: On July 1, 2023, clause 93 (1) (n) of the Regulation is amended by striking out subclause (iv) and substituting the following: (See: O. Reg. 350/22, s. 13 (3))

(iv)  any information relevant to the provision of residential care to the child that is provided by a licensee under paragraph 3 of section 80.2;

(o)  any other information required under this Regulation to be included in the case record; and

(p)  any other information that the licensee considers appropriate.

(2) A resident’s written case record shall be retained by the licensee for at least 20 years after it was last amended or, if the resident dies, for at least five years after the death of the resident.

Resident plan of care

94. (1) A licensee who operates a children’s residence shall develop a written plan of care for each resident within 30 days after the resident’s admission.

(2) In developing a written plan of care, the licensee shall use the resident’s case record.

(3) The licensee shall ensure that, if possible in the circumstances, the following people are consulted with and involved in the development of a plan of care:

1.  The parent of the resident, placing agency or other person who placed the child in residential care.

2.  Any children’s aid society that is supervising the placement or providing services to the resident, but who is not the resident’s parent.

3.  The resident’s probation officer, if any.

4.  The resident, to the extent possible given their age and maturity.

(4) If a person listed in subsection (3) was not consulted and involved in the development of a plan of care, the licensee shall,

(a)  make reasonable efforts to consult with and involve them after the development of the plan of care; and

(b)  amend the plan of care, if necessary, to reflect their consultation and involvement.

(5) The plan of care shall include,

(a)  a description of the resident’s needs, developed with reference to the findings of current or previous assessments of the resident, and a description of how those needs will be met;

(b)  the desired outcomes that have been identified for the resident by the resident and the persons consulted with and involved in the development of the plan of care, based on the resident’s specific strengths and needs;

(c)  a plan to secure, within specified timeframes, one or more specialized consultation, specialized treatment and other supports that have been identified to promote the desired outcomes for the resident;

(d)  a statement of the educational programs that have been developed for the resident in consultation with the school boards in the area in which the residence is located;

(e)  if applicable, a statement of the ways in which a parent of the resident will be involved in the plan of care including arrangements for contact between the resident and a parent of the resident and the resident’s family;

(f)  particulars of any specialized service to be provided directly by, or arranged for by, the licensee;

(g)  the dates on which the resident’s plan of care will be reviewed;

(h)  a list of revisions, if any, to the plan of care; and

(i)  a statement of any anticipated plan for the discharge of the resident.

(6) The following shall be included in the resident’s case record:

1.  The initial plan of care developed in accordance with subsection (1).

2.  The reasons that a person listed in subsection (3) was not consulted with or involved in the development of a plan of care.

3.  A description of the efforts made by the licensee pursuant to clause (4) (a).

4.  The particulars of any review of the plan of care.

5.  The reasons for which any specialized consultation, specialized treatment and other supports referred to in clause (5) (c) have not been obtained within the specified timeframe.

(7) The licensee shall ensure that the development of each resident is reviewed in relation to their plan of care at least once every 30 days during the first six months after the resident’s admission and at least once every six months after that.

(8) The licensee shall ensure that a resident is given an opportunity to express their views during a review under subsection (7).

(9) The licensee shall ensure that each resident’s plan of care is reviewed three months after the resident’s admission, six months after the resident’s admission and, if requested by a person consulted with and involved in the development of the plan of care, every six months after that.

(10) Subsections (3) and (4) apply to a review under subsection (9) and a reference to the “development of a plan of care” in those subsections shall be read as a “review under subsection (9)”.

Note: On July 1, 2023, section 94 of the Regulation is revoked and the following substituted: (See: O. Reg. 350/22, s. 14)

Requirement for plans of care

94. (1) A licensee who operates a children’s residence shall ensure that,

(a)  a written plan of care is developed for each resident within 30 days after the resident’s admission; and

(b)  a review of each resident’s plan of care is completed 90 days after the resident’s admission, 180 days after the resident’s admission and every 180 days after that. O. Reg. 350/22, s. 14. O. Reg. 350/22, s. 14.

(2) The licensee shall also ensure that a review of a resident’s plan of care is completed as soon as possible after any of the following occurs:

1.  There is a material change in the resident’s circumstances that necessitates a review of the plan of care.

2.  New information comes to the attention of the licensee about the resident’s needs, behaviours or any diagnosis.

3.  The resident, placing agency or the resident’s parent or other person who placed the child requests that the plan be reviewed. O. Reg. 350/22, s. 14.

(3) The purpose of a review under this section is to,

(a)  ensure that any information included in the plan of care is current; and

(b)  document the services, treatment and supports referenced in the plan of care that have been provided to the resident. O. Reg. 350/22, s. 14.

Development and review of plan of care

94.1 (1) Before beginning the process of developing or reviewing a plan of care, a licensee who operates a children’s residence or a person designated by the licensee shall meet with the resident and explain the following, to the extent possible given the resident’s age and maturity:

1.  The purpose for which a plan of care is being developed or reviewed, as the case may be.

2.  The type of information that will be discussed during the development or review of the plan of care and the type of information that will be included in the plan of care.

3.  The role of the resident in the development or review. O. Reg. 350/22, s. 14.

(2) The licensee shall document the meeting held under subsection (1). O. Reg. 350/22, s. 14.

(3) When developing or reviewing a resident’s plan of care, the licensee shall use the information in the resident’s case record, notably,

(a)  any documents developed during the pre-admission assessment referred to in section 86.1;

(b)  any information referred to in subsection 86.1 (6) that was not collected for the purposes of the assessment under section 86.1;

(c)  any safety plan developed for the resident;

(d)  any reports respecting the resident prepared by the licensee or persons providing direct care to the resident on behalf of the licensee, including serious occurrence reports, and that relate to incidents involving the resident and contain information that is reasonably necessary for the development or review of the plan of care; and

(e)  any personal, family and social history or assessment respecting the resident that has been prepared by or provided to the licensee and that contains information that is reasonably necessary for the provision of residential care to the resident. O. Reg. 350/22, s. 14.

(4) When developing or reviewing a resident’s plan of care, the licensee shall,

(a)  assess whether the needs of the resident can be met in the children’s residence on the basis of the information referred to in subsection (3); and

(b)  document the assessment in the resident’s plan of care. O. Reg. 350/22, s. 14.

(5) The licensee shall ensure that, if possible in the circumstances, the following people are consulted on and involved in the development or review of a plan of care:

1.  The placing agency, if the placing agency is not the licensee.

2.  The resident’s parents, if appropriate.

3.  The resident, to the extent possible given their age and maturity.

4.  In the case of a resident who is a First Nations, Inuk or Métis child, a representative chosen by each of the resident’s bands or First Nation, Inuit or Métis communities. O. Reg. 350/22, s. 14.

(6) The consultations conducted under subsection (5) shall include at least one meeting during which are present the licensee and all of the persons that the licensee is able to consult on and involve in the development or review, as the case may be, of the plan of care. O. Reg. 350/22, s. 14.

(7) The licensee shall ensure that,

(a)  reasonable notice of the meeting referred to in subsection (6) is provided;

(b)  the meeting is scheduled at a time that is convenient for the resident; and

(c)  the meeting is conducted in a manner that encourages the resident’s participation. O. Reg. 350/22, s. 14.

(8) The licensee shall consult with any of the persons listed in subsection (9) on the development or review, as the case may be, of a resident’s plan of care if the licensee is of the opinion that the person would have information relevant to supporting the development or review of the resident’s plan of care or if a person listed in subsection (5) recommends that the licensee do so. O. Reg. 350/22, s. 14.

(9) The following are the persons mentioned in subsection (8):

1.  The resident’s probation officer, if any.

2.  Any medical professionals or clinicians providing services, treatment or support to the resident.

3.  Any individual named as a resource person for the resident under section 5.

4.  A representative from the resident’s school.

5.  Any person who is assigned as the resident’s primary worker in the residence.

6.  In the case of a review, the adult identified in the resident’s plan of care as being a positive influence in the resident’s life, if any such adult is identified in the plan of care. O. Reg. 350/22, s. 14.

(10) The licensee shall ensure that a plan of care includes,

(a)  the names and, if applicable, job titles, of the persons consulted on and involved in the development or review of the plan of care; and

(b)  the dates of any meetings held to discuss the development or review of the plan of care and the names of the persons who participated in the meetings. O. Reg. 350/22, s. 14.

(11) The licensee shall make reasonable efforts to have a plan of care signed and dated by the persons referred to in subsection (5) who have been consulted on and involved in its development or review, in such a way as to indicate their agreement with the information set out in the plan of care. O. Reg. 350/22, s. 14.

(12) Despite subsection (11), if the resident is not able to understand the plan of care given their age and maturity or does not wish to sign the plan of care, the licensee is not required to have the plan of care signed and dated by the resident. O. Reg. 350/22, s. 14.

(13) If the resident is able to understand the plan of care given their age and maturity and wishes to sign the plan of care, the licensee shall ensure that the resident does not sign the plan of care until,

(a)  the resident is given an explanation of the plan of care in language suitable to their age and maturity; and

(b)  the resident is asked if they would like to receive a copy of the plan of care and, if the resident indicates that they would, they are also asked whether they would like to receive the plan of care in a written or electronic format. O. Reg. 350/22, s. 14.

(14) If the resident indicates that they would like to receive a copy of the plan of care, the licensee shall provide the resident a copy, in the format chosen by the resident, within seven days after it is developed or reviewed, as the case may be. O. Reg. 350/22, s. 14.

(15) If a person referred to in subsection (5) refuses to sign the resident’s plan of care, the licensee shall, within the resident’s plan of care, indicate that the person refused to sign it and set out the reasons for the refusal. O. Reg. 350/22, s. 14.

(16) If a person referred to in subsection (5) was not consulted on and involved in the development or review of a resident’s plan of care, the licensee shall,

(a)  make reasonable efforts to consult with and involve them after the development or review of the plan of care and record those efforts in the resident’s plan of care; and

(b)  amend the plan of care, if necessary, to reflect their input. O. Reg. 350/22, s. 14.

Content of plan of care

94.2 (1) A licensee who operates a children’s residence shall ensure that a resident’s plan of care includes the information described in Column 2 of the Table to this section and shall comply with any requirements set out in that Column in developing the information. O. Reg. 350/22, s. 14.

(2) If a plan of care is amended after its initial development, the licensee shall ensure that the plan of care is clearly labelled as being an amended plan of care. O. Reg. 350/22, s. 14.

Table

Item

Column 1
General description of the section of the plan of care

Column 2
Specific information to be included in the section of the plan of care and related requirements for developing that information

1.

Resident’s personal strengths

A description of the resident’s strengths, including information about their personality, aptitudes and abilities, based on the information collected about the child’s strengths under clause 86.2 (4) (a), a plan as to how the licensee will promote those strengths and details of how the licensee has promoted those strengths.

 

2.

Resident’s identity characteristics

  1.  A description of the resident’s identity characteristics.

  2.  Details of how the licensee has taken and will continue to take the resident’s identity characteristics into account in providing services to the resident, including details of supports or activities that take their identity characteristics into account.

3.

Needs and behaviours of the resident and applicable diagnosis information

  1.  A complete description of the resident’s needs, including any developmental, emotional, social, medical, psychological and educational needs, and any needs related to any behavioural challenges and any trauma experienced by the resident.

  2.  Details of any medical or clinical diagnosis that is relevant to the provision of services, treatment or supports to the resident.

The licensee shall ensure that the description of the needs of the resident is consistent with the following:

  1.  The content of any current or previous medical, emotional, developmental, psychological, educational and social assessments of the resident.

  2.  Information contained in serious occurrence reports respecting the resident or other reports prepared by the licensee or persons providing direct care to the resident on behalf of the licensee respecting incidents involving the resident.

  3.  Information reported by persons responsible for providing direct care to the resident on behalf of the licensee.

4.

Services, treatment and supports for the resident

  1.  Details of all services, treatment or supports that have been and that will be provided to the resident to meet their individual needs and any challenges or concerns specific to those needs, including,

i.  a detailed description of all services, treatment or supports the resident will receive that are provided by the licensee or by others pursuant to arrangements made by the licensee, as well as those that the resident has already received, along with the dates on which they were received,

ii.  the names of persons, including medical professionals and clinicians, providing services, treatment or supports to the resident and their contact information,

iii.  any recommendations from persons providing services, treatment or supports to the resident, including as reflected in any assessment reports, and

iv.  the reasons that any services, treatment or supports were not provided within the timeframe specified in the plan of care.

  2.  A complete list of any medications that the resident is taking, along with an indication of,

i.  any concerns about missed medication known at the time at which the plan was developed or that have arisen since the plan was last reviewed,

ii.  the directions to be followed if medication is not administered when it is supposed to be, and

iii.  any psychotropic drugs listed in section 91 of Ontario Regulation 155/18 (General Matters under the Authority of the Lieutenant Governor in Council) made under the Act that the resident is taking.

In determining the services, treatment and supports to be provided to the resident, the licensee shall ensure that consideration is given to the need to provide services, treatment and supports that relate to the resident’s identity, culture, language or creed.

5.

Identification and achievement of resident’s goals

  1.  A description of the resident’s immediate and long-term goals and how those goals were determined, as well as a description of any progress made towards achieving those goals at the time the plan was developed or since the plan was last reviewed.

  2.  A statement setting out how the resident was involved in the development or review, as the case may be, of their immediate and long-term goals, with reference to their age and maturity.

  3.  Activities for supporting the resident in achieving their immediate and long-term goals, including the names and, if applicable, job titles of persons responsible for supporting the resident in performing these activities.

The licensee shall ensure that the resident’s needs, behaviours and any diagnoses are considered in the development or review of the resident’s immediate and long-term goals. 

6.

Identification of an adult ally

A statement identifying at least one adult who the resident has named as being a positive influence in the resident’s life, including the adult’s name, the reasons why the adult is important to the resident and the role and responsibilities that the adult has agreed to assume in supporting the resident. However, if the resident is unable to identify such an adult, the plan of care must instead include identifying an adult who is a positive influence in the resident’s life as one of the resident’s goals.

7.

Involvement of resident’s family and placing agency

A statement describing the involvement of any parent or member of the resident’s extended family and, if applicable, placing agency in supporting the resident, including any arrangements for contact between the resident and the parent, member of the resident’s extended family or placing agency as the case may be. However, if it has been determined that the involvement of parents and extended family is not appropriate in the circumstances, a statement to this effect must be included along with the reasons in support of this determination. 

8.

Safety planning

If the resident has a safety plan, a summary of the review of the resident’s safety plan, together with any changes made to the safety plan.  

9.

Outcomes for the resident

A description of the desired outcomes identified for the resident, based on the resident’s specific strengths, needs and, if applicable, diagnoses.

10.

Education

  1.  A description of the resident’s current educational status and an indication of the educational resources that have been made available to the resident from among those identified by the licensee through the consultations required under subsection 80.1 (2).

  2.  An indication of whether there are any concerns about the resident’s school attendance or academic performance and, if applicable, any action to be taken to address those concerns.

  3.  A description of how the licensee has ensured, as required by subsection 80.1 (1), that the residence includes a space or spaces that constitute a suitable environment for each resident to undertake their studies, including completing homework and other assignments, that is responsive to each resident’s individual needs and appropriate given their age and maturity.  

11.

Activities and supports

  1.  A description of any cultural, recreational, athletic and creative activities that the resident has participated in or will participate in, as well as a description of how those activities are appropriate given the resident’s aptitudes, interests, needs and strengths.

  2.  A plan to enrol the resident in such cultural, recreational, athletic or creative activities and to encourage their continued involvement in such activities.

12.

Meals and nutrition

A current description of the resident’s dietary preference and any dietary restrictions, along with details of how those preferences and restrictions, if applicable, are to be accommodated.

13.

Access to electronic devices and the internet

  1.  A current description of any access to electronic devices or the internet to be accorded to the resident and any supervision that the resident requires while using the electronic devices or the internet.

  2.  If the plan of care indicates that no internet access is to be accorded to the resident, an explanation of the reasons for this decision and a description of the measures to be implemented to ensure that the resident does not access the internet.

14.

Resident’s preferences and wishes for their care

  1.  A current description of the resident’s views and wishes with respect to the manner in which residential care is provided to them.

  2.  A current description of any concerns expressed or changes recommended by the resident respecting the provision of residential care to them and how the licensee has responded to those concerns or recommendations.

15.

Transfer or discharge

A description of any anticipated plans for transfer or discharge of the resident, including details of whether it is anticipated that the resident will be transferred or discharged from the residence to another person or agency, including the resident’s parent and, if so, details of the person or agency that would be responsible for caring for the resident.

16.

Revisions to the plan of care

An indication of the following:

  1.  The date by which the next review of the resident’s plan of care must be completed.

  2.  The dates on which the plan of care was previously revised after its initial development.  

O. Reg. 350/22, s. 14.

Availability of plan of care and recordkeeping

94.3 (1) A licensee who operates a children’s residence shall,

(a)  take reasonable steps to ensure that all persons who provide direct care to a resident on behalf of the licensee review the contents of the most recent version of a resident’s plan of care;

(b)  ensure that a copy of a resident’s most recent plan of care is kept at the children’s residence and is readily available to persons referred to in clause (a); and

(c)  ensure that the resident’s parent or the placing agency or other person placing the child is provided with a copy of the resident’s initial plan of care and any amended plan of care, following its development or review. O. Reg. 350/22, s. 14.

(2) The licensee shall ensure that the following is included in the resident’s case record:

1.  The initial plan of care developed for the resident.

2.  Any amended plan of care.

3.  An indication of whether the plan of care was provided to the resident and, if so, whether it was provided in written or electronic form.

4.  Documentation respecting the meeting held under subsection 94.1 (1). O. Reg. 350/22, s. 14.

Implementation of plan of care

94.4 A licensee who operates a children’s residence shall ensure that any person who provides direct care to a resident on behalf of the licensee does so in accordance with the resident’s plan of care. O. Reg. 350/22, s. 14.

Daily log

95. (1) A licensee who operates a children’s residence shall ensure that a daily log is maintained for the residence in accordance with this section.

(2) The daily log shall set out, in respect of each day,

(a)  the general daily activities that occur in the residence;

(b)  any visitors to the residence;

(c)  when residents leave from and return to the residence;

(d)  the staff on duty in the residence;

(e)  any event that occurs in the residence that affects the health, safety or well-being of a staff member or a resident or may, in the opinion of the licensee, affect the staff member or resident’s health, safety or well-being in the future; and

(f)  any other information required under this Regulation to be included in the daily log.

(3) An event described in clause (2) (e) that affects or may affect a resident’s health, safety or well-being shall be documented in the resident’s case record.

(4) The daily log shall be kept in a secure place that is accessible to staff in the residence who the licensee has authorized to access it.

Maintenance of premises

96. (1) A licensee who operates a children’s residence shall ensure that the premises used by the licensee as the children’s residence is maintained in a manner that supports the safety and well-being of residents.

(2) Without limiting the generality of subsection (1), the licensee shall ensure that the premises, including the grounds, is kept safe and clean and that any materials, equipment or furnishings in the premises are clean and in good working order.

Requirements re premises

97. A licensee who operates a children’s residence shall comply with the following rules in operating the residence:

1.  No part of a basement shall be used for sleeping accommodation without the written approval of a Director.

2.  No room without a window shall be used as a bedroom.

3.  Each bedroom shall have a minimum floor space of,

i.  five square metres for each resident who is older than 18 months and younger than 16 who occupies the bedroom, and

ii.  seven square metres for each resident who is 16 or older who occupies the bedroom.

4.  If a child or children younger than 18 months receive residential care in the children’s residence,

i.  the residence shall have a minimum area of 3.25 square metres of floor space for each resident, and

ii.  any bedroom occupied by a child under 18 months shall have a minimum floor space of at least 7.5 square metres.

5.  Each resident shall be provided with their own bed and clean mattress and bedding suitable for the resident based on their age and size. The bedding shall be appropriate for the weather and climate.

6.  A resident who is 7 or older shall not share a bedroom with another resident of the opposite sex without the written approval of a Director.

7.  The children’s residence shall have a minimum of,

i.  one sink with hot and cold water,

ii.  one flush toilet for every five residents or fewer, and

iii.  one bath or shower with hot and cold water for every eight residents or fewer.

8.  If there is more than one toilet in any room, each toilet shall be located in a separate stall.

9.  The maximum temperature of water in a washroom or bathroom in a children’s residence shall not exceed 49 degrees Celsius.

Note: On July 1, 2023, paragraph 9 of section 97 of the Regulation is revoked and the following substituted: (See: O. Reg. 350/22, s. 15)

9.  Water in the children’s residence must be capable of reaching a temperature of at least 40 degrees Celsius, but its temperature shall not be capable of exceeding 49 degrees Celsius.

10.  The children’s residence shall have an outdoor play space that has a minimum area of at least 9 square metres multiplied by the maximum number of residents permitted by the licence, unless an alternative arrangement is approved by the Director in writing.

11.  The children’s residence shall be maintained at a temperature of at least 17 degrees Celsius.

12.  There shall be a supply of drinking water in the children’s residence that is,

i.  sanitary and adequate for the requirements of the residence, as confirmed by the local medical officer of health, and

ii.  available to residents at all times.

13.  Any harmful substance or object, including a substance or object that is poisonous or hazardous, shall,

i.  only be kept in the children’s residence if it is essential to the operation of the residence, and

ii.  be kept in a locked container if it is in the children’s residence.

Minimum staffing requirements

98. (1) A licensee who operates a children’s residence shall ensure that there are a sufficient number of program staff persons in the residence to ensure a minimum ratio of one program staff person to every eight residents in the residence, averaged over a 24-hour period.

(2) A licensee who operates a parent model children’s residence in which there are no auxiliary staff who are responsible for supervising a resident shall ensure that the total number of children in the residence does not exceed eight.

(3) A licensee who operates a staff model children’s residence shall ensure that, if more than one program staff person is on duty per shift in a staff model children’s residence, one program staff person is designated to be in charge of the shift.

Note: On July 1, 2023, section 98 of the Regulation is amended by adding the following subsection: (See: O. Reg. 350/22, s. 16)

(3.1) A licensee who operates a staff model children’s residence and who uses or permits the use of physical restraint shall ensure that, at all times in the children’s residence, there is at least one program staff person on duty who has completed the training and education required by section 16 of Ontario Regulation 155/18 (General Matters under the Authority of Lieutenant Governor in Council) made under the Act. O. Reg. 350/22, s. 16.

(4) A licensee who operates a children’s residence shall ensure that,

(a)  there is reasonable provision in the circumstances for the supervision, care and safety of a child or young person who is on the premises of the residence; and

(b)  if only one adult is on the premises while children or young persons are present, an additional adult is kept on call.

Training re fire extinguishers

99. A licensee who operates a children’s residence shall ensure that each staff member is trained in the proper use of a fire extinguisher and that a record is kept of each training session.

Staff immunizations, medical assessments

100. A licensee who operates a children’s residence shall ensure that each person employed in the residence receives any immunization recommended by the local medical officer of health and a health assessment before the person commences employment.

Educational planning

101. (1) A licensee who operates a children’s residence shall consult at least once in a year with the school boards in the area in which the residence is located for the purposes of identifying and utilizing the educational resources available for the residents.

(2) If the licensee is of the opinion that a resident is unable to attend a school in the area in which the residence is located because of the severity of the resident’s behavioural, physical or emotional problems, the licensee shall,

(a)  document the need for an educational program for the resident in the resident’s case record and the resident’s plan of care; and

(b)  consult with the appropriate director of education with respect to an educational program for the resident to be provided in accordance with the requirements of the Education Act and its regulations.

Note: On July 1, 2023, section 101 of the Regulation is revoked. (See: O. Reg. 350/22, s. 17)

Nutrition

102. A licensee who operates a children’s residence shall ensure that,

(a)  the residents receive well balanced meals and snacks that are nutritionally adequate for their physical growth and development and respect the food preferences, culture, traditions and creed of the residents;

(b)  if special foods are recommended by a resident’s physician or registered nurse in the extended class, they are provided to the resident; and

(c)  a resident’s reasonable access to food and kitchen facilities is not restricted to meal or snack times unless specifically provided for in the resident’s plan of care.  

First aid kit

103. A licensee who operates a children’s residence shall ensure that,

(a)  the residence is equipped with a first aid kit and a first aid manual that are kept in a location that is accessible to staff; and

(b)  staff are made aware of the location of the first aid kit and the first aid manual.

Provision of health care

104. (1) A licensee who operates a children’s residence shall ensure that the services of a physician or a registered nurse in the extended class are provided for each resident at regular intervals and otherwise as needed by the resident.

(2) A licensee who operates a children’s residence shall ensure that, if it is proposed that a resident receive a medical or dental treatment, the treatment is explained to the resident, to the extent possible based on the resident’s age and maturity.

Storage of medication

105. (1) A licensee who operates a children’s residence shall ensure that,

(a)  all medication in the residence is kept in locked containers; and 

(b)  only persons who are authorized by the licensee have access to the medication.

(2) The licensee shall provide lockable storage facilities in the children’s residence for storage of medication that is self-administered by a resident.

Administration of medication

106. (1) A licensee who operates a children’s residence shall ensure that,

(a)  prescription medication is only administered to a resident if,

(i)  the medication has been prescribed by a physician or registered nurse in the extended class, and

(ii)  the medication is administered under the general supervision of a program staff person;

(b)  medication is self-administered by a resident only if, 

(i)  in the case of prescription medication, a physician or a registered nurse in the extended class is of the opinion that the resident is capable of administering their own medication and has provided a written self-medication plan for the resident to the licensee, or

(ii)  in the case of non-prescription medication, the resident wishes to assume the responsibility of administering their own medication and the licensee is of the opinion that the resident is capable of assuming that responsibility; and

(c)  a record is kept of all medication administered to or by each resident that includes,

(i)  the medication administered,

(ii)  the period for which the medication is prescribed, if applicable,

(iii)  when each dose of the medication is supposed to be administered to the resident in accordance with the prescription, if any, and

(iv)  when each dose of medication is actually administered to the resident.

(2) The licensee shall ensure that the record described in clause (1) (c) is made available to a prescribing physician or registered nurse in the extended class who requests it.

(3) If, in the opinion of a physician or a registered nurse in the extended class, a resident is capable of administering their own prescription medication, the licensee shall request from the physician or nurse a copy of a written self-medication plan for the resident that shall be kept in the resident’s case record.

Medical isolation

107. A licensee who operates a children’s residence shall ensure that a person who suffers from a communicable disease is isolated from other persons in the residence who have not been infected by the disease, if isolation of the person is considered necessary by a physician or a registered nurse in the extended class.

Recommendations of the medical officer of health

108. A licensee who operates a children’s residence shall carry out any recommendation made by the local medical officer of health or a person designated by the local medical officer of health concerning the health, safety or nutrition of any child or young person in the residence.

Discipline

109. (1) No licensee who operates a children’s residence shall,

(a)  use or permit the use of harsh or degrading measures to humiliate a resident or undermine a resident’s self-respect; or

(b)  deprive or permit a person to deprive a resident of basic needs including food, shelter, clothing or bedding.

(2) A licensee who operates a children’s residence shall ensure that the staff and residents are informed of the type of behaviour of a resident that may result in the administration of a method of discipline.

(3) A licensee who operates a children’s residence shall ensure that,

(a)  any method of discipline or other intervention administered on a resident that is intended to reduce or eliminate a certain behaviour is recorded in the resident’s case record by the person who administered the discipline or intervention; and

(b)  the licensee or a person designated by the licensee is informed of the administration of the discipline or intervention.

(4) For greater certainty, the reference to methods of discipline and intervention in clause (3) (a) does not include the use of physical restraint, mechanical restraint or secure de-escalation.

Clothing

110. (1) Subject to subsection (2), a licensee who operates a children’s residence shall ensure that each resident has sufficient clothing of a suitable quality and size considering the resident’s age, activities and local weather conditions.

(2) If the licensee is unable to ensure that a resident has suitable clothing, the licensee shall document efforts made to obtain the clothing in the resident’s case record.

Fire and emergency procedures plan

111. (1) A licensee who operates a children’s residence shall develop a written fire and emergency procedures plan for the residence that,

(a)  sets out the roles and responsibilities of staff in the event of a fire or other emergency;

(b)  designates a place of short-term shelter for situations in which the children’s residence needs to be evacuated because of a fire or other emergency; and

(c)  establishes a procedure for situations in which the children’s residence needs to be evacuated because of a fire or other emergency.

(2) The licensee shall keep a copy of the fire and emergency procedures plan in the children’s residence.

(3) The licensee shall,

(a)  review the fire and emergency procedures plan as often as is necessary to ensure the safety of staff and residents but at least once every 12 months; and

(b)  revise the fire and emergency procedures plan to take into account any changes to the nature of the residential setting or the residents to whom residential care is provided.

Fire safety requirements

112. (1) A licensee who operates a children’s residence shall,

(a)  ensure that any appliance in the residence is maintained in a good state of repair and inspected at least once every 12 months by a qualified individual; and

(b)  maintain a record of each inspection. 

(2) A licensee who operates a children’s residence shall ensure that the children’s residence has,

(a)  at least one exit from the first storey of the residence; and

(b)  at least one exit or two means of egress from the third storey of the residence, if the third storey contains sleeping accommodation.

(3) A licensee who operates a children’s residence shall ensure that,

(a)  a fire extinguisher rated at least 2A:10BC and listed by an organization accredited by the Standards Council of Canada is installed in the kitchen and maintained in accordance with the manufacturer’s instructions;

(b)  a smoke alarm that meets the requirements of the fire code respecting standards for smoke alarms is located on each storey of the residence and additional smoke alarms that meet those requirements are located in each bedroom and sleeping area in the residence;

(c)  all staff members are instructed on the procedures to be followed when a fire alarm is activated or a fire is discovered, including their roles and responsibilities;

(d)  all residents are, upon admission, instructed in a manner suitable to their age and maturity on the procedures to be followed when a fire alarm is activated or a fire is discovered, including their roles and responsibilities;

(e)  the procedures referred to in clauses (c) and (d) are,

(i)  posted in conspicuous places in the children’s residence, and

(ii)  practiced at least once a month in the children’s residence;

(f)  a record is kept of each practice under subclause (e) (ii);

(g)  the fire alarm is used to initiate fire drills; and

(h)  any flammable liquids, including paint supplies, that are kept in the residence are stored in lockable containers and not stored near any appliance.

(4) In this section,

“exit” has the same meaning as in the fire code.

Fire inspections

113. A licensee who operates a children’s residence shall ensure that the following procedures are followed in the residence:

1.  An inspection of the residence is conducted that includes an inspection of equipment in the kitchen and laundry room each night to ensure that there is no danger of fire and that all doors to stairwells, fire doors and smoke barrier doors are closed.

2.  A record of each inspection required by paragraph 1 is kept in the daily log for the children’s residence.

Prohibition on firearms

114. A licensee who operates a children’s residence shall ensure that firearms are not permitted on the premises of the residence, except in the circumstances of a peace officer who is authorized to carry a firearm in the course of the officer’s duties attending at the residence in response to an emergency.

Requirements Respecting Financial Matters and Insurance

Financial records

115. (1) A licensee who operates a children’s residence shall prepare an annual budget that sets out,

(a)  the anticipated revenue of the residence;

(b)  the projected expenditures to be incurred with respect to the day to day operation of the residence, other than those described in clause (c); and

(c)  the projected expenditures to be incurred with respect to physical, emotional, developmental and educational needs of residents including professional services and non-recurring costs.

(2) If a licensee operates two or more children’s residences, a separate annual budget shall be prepared for each residence that shows the individual costs for each residence and any costs that are shared between the residences.

(3) A licensee shall, in respect of each children’s residence operated by the licensee, keep a complete record of revenues and expenditures associated with the operation of the residence.

Insurance

116. (1) A licensee that operates a children’s residence shall ensure that an insurance policy is maintained in effect with respect to the residence.

(2) The insurance policy shall include,

(a)  fire and extended coverage including coverage for the theft of the children’s residence’s physical assets and the residents’ property;

(b)  comprehensive general liability coverage and personal injury coverage, including coverage for persons employed in the residence and volunteers in the residence and, in the case of a parent model residence, the persons who provide care for the residents;

(c)  a clause concerning liability arising out of any contract or agreement; and

(d)  motor vehicle coverage for all vehicles used by employees of the residence and volunteers or, in the case of a parent model residence, persons who provide care for residents.

Provision of Residential Care in Places that are not Children’s Residences or Foster Homes

Application of rules to licensee

117. (1) This section applies to a licensee, other than a foster care licensee, who provides residential care, directly or indirectly, for three or more children not of common parentage in places,

(a)  where adult persons are employed to provide residential care to children on the basis of scheduled periods of duty; and

(b)  that are not children’s residences.

(2) A licensee to which this section applies shall comply with sections 81 to 97, subsection 98 (4), sections 99 to 114, subsections 115 (1) and (3) and section 116 as if each place where the licensee provides residential care were a children’s residence and, for that purpose, those sections apply with the following modifications:

Note: On July 1, 2023, subsection 117 (2) of the Regulation is amended by striking out “subsection 98 (4)” and substituting “subsections 98 (3.1) and (4)”. (See: O. Reg. 350/22, s. 18 (1))

1.  A reference to “children’s residence” or “residence” shall be read as “place where residential care is provided that is not a children’s residence”.

2.  A reference to “child or young person” shall be read as a reference to “child”.

3.  The definition of “resident” in section 78 does not apply and instead a reference to a “resident” shall be read as “child admitted to the place where residential care is provided that is not a children’s residence”.

4.  Sections 86 and 87 shall be read as if they did not include the words “Except in the case of an admission of a young person who has been ordered into detention or custody by a youth justice court”.

Note: On July 1, 2023, paragraph 4 of subsection 117 (2) of the Regulation is amended by striking out “Sections 86 and 87 shall be read as if they did not include” at the beginning and substituting “Section 87 shall be read as if it did not include”. (See: O. Reg. 350/22, s. 18 (2))

5.  The reference to “a program staff person” in subclause 106 (1) (a) (ii) shall be read as “an adult person employed by the licensee to provide residential care to children”.

6.  Clause 116 (2) (b) shall be read as if it did not include the words “and, in the case of a parent model residence, the persons who provide care for the residents”.

7.  Clause 116 (2) (d) shall be read as if it did not include the words “or, in the case of a parent model residence, persons who provide care for the residents”.

(3) A licensee to which this section applies shall ensure that, in each place where residential care is provided under the authority of the licence,

(a)  at least one adult person employed by the licensee to provide residential care is present whenever a child receiving residential care is also present; and

(b)  if more than one adult person employed by the licensee to provide residential care is on duty per shift, one of these persons is designated to be in charge of the shift.

(4) The additional requirements prescribed under section 80 for the purposes of subsection 254 (2) of the Act are also prescribed for the purposes of that subsection for an applicant for a licence or for renewal of a licence to provide residential care as described in subsection (1) of this section and, for that purpose, section 80 of this Regulation applies with the modifications set out in paragraphs 1 and 3 of subsection (2) of this section.

Administration of Foster Homes

Foster home administration

118. (1) A foster care licensee shall develop and maintain,

(a)  procedures for the recruitment, screening and selection of foster parents; and

(b)  a system for,

(i)  classifying and utilizing foster homes,

(ii)  supervising foster homes, and

(iii)  evaluating foster homes on an annual basis according to the objectives set for the type and level of care to be provided in the homes.

(2) A foster care licensee shall maintain a list of foster parents approved by the licensee and corresponding foster homes.

Policies and procedures

119. (1) A foster care licensee shall develop procedures for the selection, development and management of the foster homes used by the licensee to provide residential care. O. Reg. 156/18, s. 119 (1).

(2) A foster care licensee shall maintain written policies and procedures for the foster homes used by the licensee to provide residential care respecting,

(a)  the admission and discharge of children to and from the foster home;

(b)  closing a foster home, including a requirement that the licensee offer to have an interview with the foster parent or parents regarding the closure of the home;

(c)  the manner in which planning for the care provided to children placed in the foster home is carried out and the manner in which the care is monitored and evaluated;

Note: On July 1, 2023, subsection 119 (2) of the Regulation is amended by adding the following clause: (See: O. Reg. 350/22, s. 19 (1))

(c.1)  the development and review of foster parent learning plans;

(d)  how children’s files are maintained;

(e)  methods of discipline and intervention that may be used and may not be used in the home;

(f)  a child’s parent’s interaction with the child;

(g)  the provision of temporary and planned relief care to the children receiving foster care in the foster home by a person who is not a foster parent, including on an emergency basis;

(h)  emergency situations;

(h.1)  how children who have been placed in the foster home are encouraged to participate in community activities;

(i)  the articles prohibited by the licensee for the purposes of subsection 10 (3) of the Act;

(j)  the expression of concerns or complaints by children placed in the foster home;

(j.1)  the manner of informing foster parents, persons employed by the licensee and children placed in the foster home of the rights of children under Part II of the Act;

(k)  the responsibilities and obligations of the parents of the child, the foster parent or parents and persons assigned by the licensee to supervise and support the foster parent or parents with respect to the provision of health care to children placed in the foster home, including,

(i)  the administration of prescription medication,

(ii)  situations that may require hospitalization, medical or surgical treatment or emergency medical care, and

(iii)  an annual assessment of the health, vision, dental and hearing condition of the children;

Note: On July 1, 2023, subclause 119 (2) (k) (iii) of the Regulation is revoked and the following substituted: (See: O. Reg. 350/22, s. 19 (2))

(iii)  an assessment of the health, vision, dental and hearing condition of the children at least once every 13 months;

(l)  expectations and timeframes for the licensee’s response to any inquiry from a foster parent;

  (m)  the manner in which a foster child is supported in relation to any work done and money earned by the foster child both inside and outside of the foster home; and

(n)  situations in which the policies and procedures under this section or the requirements of section 4 of the Act are not complied with. O. Reg. 156/18, s. 119 (2), 145.

(3) For greater certainty, the reference to methods of discipline and intervention in clause (2) (e) does not include the use of physical restraint, mechanical restraint or secure de-escalation. O. Reg. 156/18, s. 119 (3).

(4) Any timeframe in a policy or procedure referred to in clause (2) (l) shall not exceed three business days. O. Reg. 156/18, s. 119 (4).

(5) A copy of the policies and procedures shall be kept in the foster home in a place that is accessible to each foster parent and to persons assigned by the licensee to supervise and support the foster parent or parents. O. Reg. 156/18, s. 119 (5).

Note: On July 1, 2023, section 119 of the Regulation is amended by adding the following subsections: (See: O. Reg. 350/22, s. 19 (3))

(6) The foster care licensee shall ensure that the policies and procedures are consistent with any applicable requirements of the Act and its regulation or any other applicable law. O. Reg. 350/22, s. 19 (3).

(7) The foster care licensee shall ensure that persons to whom the policies and procedures apply comply with the policies and procedures, including all persons providing direct care and supervision to residents on behalf of the licensee. O. Reg. 350/22, s. 19 (3).

Orientation re policies and procedures

120. (1) A licensee shall ensure that each foster parent approved by the licensee to provide foster care and any person assigned by the licensee to supervise and support the foster parent receives an orientation with respect to the policies and procedures of the foster home.

Note: On July 1, 2023, subsection 120 (1) of the Regulation is amended by striking out “an orientation” and substituting “training”. (See: O. Reg. 350/22, s. 20 (1))

(2) A foster parent or parents shall receive the orientation before a child is placed in the foster home.

Note: On July 1, 2023, subsection 120 (2) of the Regulation is revoked and the following substituted: (See: O. Reg. 350/22, s. 20 (2))

(2) A foster parent or parents shall receive the training before a child is placed in the foster home and then once every 12 months after the initial training. O. Reg. 350/22, s. 20 (2).

(3) A person assigned by the licensee to supervise or support the foster parent or parents shall receive the orientation before beginning to supervise or support the foster parent or parents and annually after that.

Note: On July 1, 2023, subsection 120 (3) of the Regulation is revoked and the following substituted: (See: O. Reg. 350/22, s. 20 (2))

(3) A person assigned by the licensee to supervise or support the foster parent or parents shall receive the training before beginning to supervise or support the foster parent or parents and then once every 12 months after the initial training. O. Reg. 350/22, s. 20 (2).

(3.1) The licensee shall ensure that the foster parent or parents or any person assigned to supervise or support the foster parent or parents reviews any changes to the policies and procedures before the changes take effect. O. Reg. 350/22, s. 20 (2).

(4) The licensee shall keep a record of any orientation provided in accordance with this section that includes the signature of the person who received the orientation.

Note: On July 1, 2023, subsection 120 (4) of the Regulation is amended by striking out “orientation” wherever it appears and substituting in each case “training”. (See: O. Reg. 350/22, s. 20 (3))

Note: On July 1, 2023, the Regulation is amended by adding the following sections: (See: O. Reg. 350/22, s. 21)

Foster parent learning plans

120.1 (1) A foster care licensee or a person designated by the licensee shall develop and keep up-to-date a foster parent learning plan for each foster parent. O. Reg. 350/22, s. 21.

(2) A foster care learning plan shall set out,

(a)  all training completed by the foster parent on the provision of foster care, including training completed in accordance with the requirements of any applicable directive made by the Minister under section 252 of the Act with respect to the matter prescribed by paragraph 2 of section 115 of Ontario Regulation 155/18 (General Matters under the Authority of the Lieutenant Governor in Council) made under the Act;

(b)  plans for the foster parent’s ongoing training to improve the foster parent’s ability to provide foster care and to meet the individual needs of any foster child who is or will be placed with the foster parent, including the identification of continuous learning opportunities and individualized learning objectives; and

(c)  specific timelines within which the foster parent must complete specified aspects of the training plan described in clause (b). O. Reg. 350/22, s. 21.

(3) The licensee or person designated by the licensee shall consult with the foster parent when developing the foster parent’s foster parent learning plan, including for the purposes of identifying individualized learning objectives for the foster parent. O. Reg. 350/22, s. 21.

(4) Any training set out in a foster parent learning plan shall be consistent with the program delivered by the foster care licensee and the needs of the children served by the licensee or placed with the foster parent. O. Reg. 350/22, s. 21.

Review of foster parent learning plans

120.2 (1) A foster care licensee or a person designated by the licensee shall review a foster parent learning plan at the following times:

1.  Prior to any placement of a foster child with the foster parent.

2.  During the annual review of the foster home under section 123.

3.  As soon as possible after a material change in circumstances occurs that necessitates a review of the foster parent learning plan. O. Reg. 350/22, s. 21.

(2) As part of the review, the person conducting the review shall,

(a)  assess whether any changes to the foster parent learning plan are required in order to better support the foster parent in meeting the needs of foster children to whom the foster parent provides or will provide foster care;

(b)  document the training that the foster parent has completed and plans to complete, continuous learning opportunities that the foster parent has engaged in and plans to engage in and learning objectives that the foster parent has met and plans to meet;

(c)  document the review in the foster parent learning plan by indicating any changes made to it and by signing the plan and ensuring that the foster parent also signs the plan; and

(d)  confirm that the foster parent has a valid certification in standard first aid, including infant and child CPR, issued by a training agency approved by the Workplace Safety and Insurance Board. O. Reg. 350/22, s. 21.

(3) In clause (2) (b),

“continuous learning opportunity” means an opportunity for learning in a more casual or informal setting, such as meeting with a mentor or shadowing a more experienced foster parent. O. Reg. 350/22, s. 21.

(4) In the case of a review conducted when required by paragraph 2 or 3 of subsection (1), the person conducting the review shall consult with the foster parent whose learning plan is being reviewed before performing the activities required by subsection (2). O. Reg. 350/22, s. 21.

Approval of foster parents

121. (1) A foster care licensee shall not permit a person to receive a child for the purposes of providing foster care under the authority of the licensee’s licence unless, 

(a)  the licensee or a person designated by the licensee has approved the person as a foster parent on the basis of an assessment described in this section of the proposed foster parent and the proposed foster home; and

(b)  the results of the last assessment of the foster parent or parents and the foster home under section 123, if any, indicated that the foster parent or parents and foster home remain suitable to receive a child for the purposes of providing foster care.

Note: On July 1, 2023, subsection 121 (1) of the Regulation is amended by striking out “and” at the end of clause (a) and by adding the following clauses: (See: O. Reg. 350/22, s. 22 (1))

(c)  any training required for approval as a foster parent has been completed, where such training is required by a directive made by the Minister under section 252 of the Act with respect to the matter prescribed by paragraph 2 of section 115 of Ontario Regulation 155/18 (General Matters under the Authority of the Lieutenant Governor in Council) made under the Act;

(d)  the licensee or a person designated by the licensee has developed a foster parent learning plan for the foster parent under section 120.1; and

(e)  the foster parent has a valid certification in standard first aid, including infant and child CPR, issued by a training agency approved by the Workplace Safety and Insurance Board.

(2) For the purposes of preparing an assessment, the licensee or the person designated by the licensee shall,

(a)  conduct at least one interview with each proposed foster parent in the proposed foster home and, in the case of two proposed foster parents, also conduct an interview together with both proposed foster parents in the proposed foster home;

(b)  meet with all other persons living in the home of the proposed foster parent or parents;

(c)  receive three references, in the case of a single proposed foster parent or five references, in the case of two proposed foster parents, respecting the suitability of the proposed foster parent or parents to provide foster care;

(d)  contact the references referred to in clause (c) and make a record of their comments regarding the suitability of the proposed foster parent or parents to provide foster care;

(e)  obtain a written statement from a physician, an individual approved by the local medical officer of health or a registered nurse in the extended class regarding the general health and specific illnesses or disabilities of the proposed foster parent or parents and any other individual who lives in the proposed foster home and whether or not they might interfere with the provision of foster care; and

(f)  visit the home of the proposed foster parent or parents to determine whether or not it is suitable for placement of a foster child.

(3) For the purposes of clause (2) (c), a proposed foster parent cannot be their own reference and, in the case of two proposed foster parents, neither of the proposed foster parents can be a reference for the other proposed foster parent.

(4) The licensee or person designated by the licensee shall, during a home visit described in clause (2) (f),

(a)  conduct an assessment of,

(i)  the common living areas of the home,

(ii)  the proposed sleeping area for a foster child,

(iii)  the grounds surrounding the home, and

(iv)  the play space used by the children in the proposed foster home; and

(b)  take note of the recreational areas within walking distance of the foster home.

(5) The licensee or person designated by the licensee shall record the details of a home visit, the location of the home and the date and time of the visit.

(6) After satisfying the requirements described in subsections (2) to (5), the licensee or person designated by the licensee shall,

(a)  prepare a written assessment respecting the suitability of the proposed foster parent or parents to provide foster care and the suitability of their home as a foster home;

(b)  on the basis of the assessment, determine whether or not to approve the proposed foster parent or parents; and

(c)  within five business days after determining whether or not to approve the proposed foster parent or parents, meet with the proposed foster parent or parents in order to communicate the results of the assessment. 

(7) For the purposes of clause (6) (b), the licensee or a person designated by the licensee shall not approve a foster parent or parents to provide foster care unless their home,

(a)  has designated spaces for living, dining, food preparation and storage and separate rooms for sleeping and bathing;

(b)  has regular sleeping accommodation for a foster child that meets the requirements set out in subsection (8), subject to subsection (9);

(c)  is equipped with a means of maintaining a supply of heat to habitable rooms;

(d)  is maintained in a manner that supports the safety and well-being of children, including that the home and its grounds are safe and clean and that any materials, equipment or furnishings located on the premises are clean and in good working order; and

(e)  if there is a swimming pool on the grounds of the home, complies with all applicable by-laws and public health requirements respecting the pool.

(8) The following are the requirements referred to in clause (7) (b):

1.  Any room to be used as sleeping accommodation must have a window.

2.  Any room to be used as sleeping accommodation must not be located in a building detached from the rest of the foster home, in an unfinished attic or basement or in a stairway or hall.

(9) A Director may, in writing, approve an arrangement other than an arrangement required by subsection (8).

(10) If the proposed foster parent or parents have been approved to provide foster care under subsection (6), the licensee or person designated by the licensee shall sign the assessment and ensure that the assessment is also signed by the proposed foster parent or parents.

Note: On July 1, 2023, subsection 121 (10) of the Regulation is amended by striking out “assessment and ensure that the assessment” and substituting “completed assessment required by clause (6) (a) and ensure that the completed assessment”. (See: O. Reg. 350/22, s. 22 (2))

Note: On July 1, 2023, section 121 of the Regulation is amended by adding the following subsection: (See: O. Reg. 350/22, s. 22 (3))

(11) The licensee shall ensure that a foster parent who has been approved to provide foster care under subsection (6) continues to hold at all times a valid certification in standard first aid, including infant and child CPR, issued by a training agency recognized by the Workplace Safety and Insurance Board. O. Reg. 350/22, s. 22 (3).

Supervision and support re foster parents, foster homes

122. (1) A foster care licensee shall assign a person to,

(a)  supervise and support the foster parent or parents approved by the licensee; and

(b)  arrange for the support services provided for in a foster care service agreement under section 131.

(2) The person shall consult with the foster parent or, in the case of two foster parents, at least one of the foster parents, within seven days after a placement of a child in the foster home and again within at least 30 days after the placement.

(3) If the foster care licensee is not the placing agency with respect to children placed in the foster home, the consultation shall be conducted in the foster home.

(4) At least once every three months, the person assigned under subsection (1) shall,

(a)  visit the foster home in order to provide support to the foster family; or

(b)  if there are no children placed in the foster home, contact the family.

Note: On July 1, 2023, subsection 122 (4) of the Regulation is revoked and the following substituted: (See: O. Reg. 350/22, s. 23 (1))

(4) At least once every three months, the person assigned under subsection (1) shall,

(a)  visit the foster home in order to provide the support to the foster family or, if there are no children placed in the foster home, contact the family; and

(b)  review the foster parent learning plan of each foster parent. O. Reg. 350/22, s. 23 (1).

Note: On July 1, 2023, section 122 of the Regulation is amended by adding the following subsection: (See: O. Reg. 350/22, s. 23 (2))

(5) The person assigned under subsection (1) shall comply with subsection 120.2 (2) when reviewing a foster parent learning plan. O. Reg. 350/22, s. 23 (2).

Annual review of foster home

123. (1) A foster care licensee or person designated by the licensee shall conduct an annual review under this section of a foster parent or parents who provide residential care under the authority of the licensee’s licence and the foster home.

(2) The review shall be conducted 12 months after the foster parent or parents are approved by the licensee and every 12 months after that as long as the foster parent or parents continue to be approved by the licensee.

(3) As part of the review, the licensee or person designated by the licensee shall,

(a)  interview the foster parent in the foster home or, in the case of two foster parents, each foster parent in the foster home;

(b)  review the licensee’s policies and procedures that are applicable to the provision of foster care by the foster parent or parents;

(c)  if there is an individual living in the foster home at the time of the review who was not living in the home during the initial assessment under section 121 or the last review under this section, obtain the statement referred to in clause 121 (2) (e) respecting the individual;

(d)  evaluate the foster home according to the objectives set for the type and level of care to be provided in the home; and

(e)  visit the foster home to determine whether or not it continues to be a suitable placement for a foster child and whether it continues to meet the requirements set out in subsection 121 (7).

(4) The licensee or person designated by the licensee shall, during a home visit described in clause (3) (e),

(a)  conduct an assessment of,

(i)  the common living areas of the home,

(ii)  the sleeping area for a foster child,

(iii)  the grounds surrounding the home, and

(iv)  the play space used by the children in the foster home; and

(b)  take note of the recreational areas within walking distance of the foster home.

(5) The licensee or person designated by the licensee shall,

(a)  record the details of the review and of the visit, including the location of the home and the date and time of the visit; and

(b)  ensure the record described in clause (a) is signed by the foster parent or parents, as the case may be, and kept in the licensee’s file in respect of the foster parent or parents.

(6) After completing the activities described in subsections (3) to (5), the licensee or person designated by the licensee shall prepare a written assessment respecting the ongoing suitability of the foster parent or parents to provide foster care and of the foster home as a placement for a foster child and meet with the proposed foster parent or parents in order to communicate the results of the assessment.

Note: On July 1, 2023, subsection 123 (6) of the Regulation is revoked and the following substituted: (See: O. Reg. 350/22, s. 24)

(6) After completing the activities described in subsections (3) to (5), the licensee or person designated by the licensee shall,

(a)  prepare a written assessment respecting the ongoing suitability of the foster parent or parents to provide foster care and of the foster home as a placement for a foster child;

(b)  meet with the foster parent or parents in order to communicate the results of the completed assessment; and

(c)  ensure that the completed assessment is signed by the foster parent or parents. O. Reg. 350/22, s. 24.

(7) The licensee or person designated by the licensee shall not find that the foster home continues to be a suitable placement for a foster child unless the home continues to meet the requirements set out in subsection 121 (7).

Records re foster homes

124. A foster care licensee shall maintain a written file for the foster parent or parents approved to provide foster care under the authority of the licensee’s licence, and the written file shall include the following information:

Note: On July 1, 2023, section 124 of the Regulation is amended by adding the following paragraph: (See: O. Reg. 350/22, s. 25)

0.1  For each foster parent, a copy of the foster parent’s foster parent learning plan and any revised versions of the plan.

1.  The assessment of the foster parent or parents and their home under section 121.

2.  A copy of each foster care service agreement between the licensee and the foster parent or parents.

3.  A copy of any review under section 123, signed by both the licensee and the foster parent or parents.

4.  A record of any review, including the results of the review, regarding a concern or complaint respecting a foster parent.

Placement of Children in Foster Homes

Rules respecting placement in a foster home

125. (1) Subject to subsections (2) to (4), a foster care licensee shall not place a child in a foster home if the placement would result in any of the following circumstances:

1.  More than four foster children receiving foster care in the foster home at one time.

2.  More than two foster children who are younger than 2 receiving foster care in the foster home at one time.

3.  A foster child not having a bed and clean mattress suitable to the age and size of the foster child or bedding suitable to the age and size of the foster child and appropriate for the weather and climate.

4.  A foster child sharing a bed or sleeping room with an adult couple or adult of the opposite sex.

5.  A foster child who is 7 or older sharing a bedroom with another child of the opposite sex.

(2) The licensee may place a child in a foster home even if the placement would result in one or both of the circumstances described in paragraphs 1 and 2 of subsection (1) if,

(a)  all of the foster children have one common parent or are related to a foster parent; and

(b)  the placement is approved in writing by a Director.

(3) Paragraph 4 of subsection (1) does not apply in respect of the placement of a child whose needs require that the child be in the same room as an adult couple or an adult of the opposite sex.

(4) A Director may approve in writing an arrangement other than an arrangement required by paragraphs 3 to 5 of subsection (1).

(5) The licensee shall ensure that any written approval of a placement by a Director is available for inspection by an inspector at the business premises of the licensee.

Register

126. (1) A foster care licensee shall maintain a register of children placed in a foster home used by the licensee to provide foster care.

(2) The register shall include, with respect to each child,

(a)  their full name, sex and date of birth;

(b)  if applicable, the fact that the child has been placed in interim society care or extended society care;

(c)  the name, address and telephone number of the placing agency or other person who placed the child;

(d)  the address of the foster home in which the child has been placed and the date of placement; and

(e)  if the child is transferred or discharged from the foster home, the date of the transfer or discharge and the name of the licensee, person or agency to whom the child is transferred or discharged.

Assessment of child

127. (1) Before a child is placed in a foster home to receive foster care under the authority of the licence of a foster care licensee, the licensee shall ensure that,

(a)  a preliminary assessment is made of the child that sets out,

(i)  the immediate needs of the child,

(ii)  if it can be determined in the circumstances, whether the child is likely to be returned home,

(iii)  the child’s legal status, and

(iv)  any other information that, in the opinion of the licensee, is relevant to the immediate provision of foster care to the child; and

(b)  the immediate objectives of the provision of foster care are determined, taking into account the developmental, emotional, social, medical and educational needs of the child.

(2) A placing agency shall complete an assessment of a child that it places in foster care within 30 days after the placement, and the assessment shall set out,

(a)  any special needs that the child may have;

(b)  the child’s legal status;

(c)  the child’s family history;

(d)  the circumstances necessitating foster care for the child; and

(e)  any other information that, in the opinion of the placing agency, is relevant to the immediate provision of foster care to the child.

(3) Within 30 days after the placement of the child in foster care, the licensee shall,

(a)  review the assessment prepared in accordance with subsection (2); and

(b)  develop and finalize the foster plan of care after, if possible in the circumstances, consulting with,

(i)  the placing agency, if the placing agency is not the licensee,

(ii)  the foster parent or parents,

(iii)  the child, to the extent possible given the child’s age and maturity, and

(iv)  the child’s parents, if appropriate.

(4) If the licensee finalizes the foster plan of care without consulting a person listed in clause (3) (b), other than a parent of the child, the licensee shall continue to make reasonable efforts to consult with those persons and, based on the consultation, make any changes to the plan of care that may be appropriate. 

(5) The licensee shall ensure that the foster plan of care,

(a)  takes into account all available information about the child as set out in any existing reports related to specialized consultation with respect to the child or specialized treatment or supports received by the child;

(b)  identifies desired outcomes based on the child’s specific strengths and needs; and

(c)  includes a plan to secure, within specified timeframes, one or more specialized consultation, specialized treatment and other supports that have been identified to promote the desired outcomes for the child.

(6) For the purposes of clause (5) (a), if the placing agency is not the licensee, the placing agency and the licensee shall ensure that any reports referenced in that clause are shared between them as soon as possible after either of them receives the report.

(7) A placing agency shall initiate a social history of each child that it places in foster care within 60 days after the placement and update it at least once in every year following the placement.

(8) The social history of a child shall include the following information respecting the child:

1.  Identifying information.

2.  Admission information.

3.  Family history.

4.  Birth history.

5.  Developmental history.

6.  Health history.

7.  Academic history.

8.  History of court involvement.

9.  Experiences of separation.

10.  Personality and behaviour.

11.  Aptitudes and abilities.

(9) If the placing agency is not the licensee, the placing agency shall provide the licensee with a copy of the child’s social history.

(10) A licensee shall use the social history of a child as a resource in adapting the child’s foster plan of care.

Note: On July 1, 2023, section 127 of the Regulation is revoked and the following substituted: (See: O. Reg. 350/22, s. 26)

Pre-placement assessment

127. (1) Before a child may be placed in a foster home, the foster care licensee who uses the foster home to provide residential care and, if the child is being placed by a placing agency that is not the licensee, the placing agency, shall assess whether the immediate needs of the child can be met in the proposed foster home by carrying out the steps described in this section. O. Reg. 350/22, s. 26.

(2) Except where the placing agency is the licensee, the licensee shall collect, from the placing agency or person placing the child, the information about the child set out in subsection (5) that is mandatory for the assessment and, if the information is available when carrying out the steps described in subsection (3), the information set out in subsection (6) that is optional for the assessment. O. Reg. 350/22, s. 26.

(3) The licensee shall prepare a record setting out the information about the child described in subsection (2) and shall,

(a)  conduct an evaluation to determine whether the child’s immediate needs can be met in the foster home and prepare a written report setting out the evaluation, which must indicate whether any immediate needs of the child cannot be met in the foster home and contain the information set out in subsection (7);

(b)  based on the evaluation, prepare a written report setting out the licensee’s conclusions on whether the child’s immediate needs can be met in the proposed foster home, which must set out,

(i)  the licensee’s determination of how the child’s immediate needs will be met if the child were placed in the foster home, including the licensee’s conclusions on whether there are any immediate needs of the child that cannot be met in the foster home, and

(ii)  how those immediate needs that cannot be met in the foster home will otherwise be met; and

(c)  except where the placing agency is the licensee, provide the report referred to in clause (b) and information about the proposed placement to the person placing the child or the placing agency. O. Reg. 350/22, s. 26.

(4) If the child is being placed by a placing agency, the placing agency shall,

(a)  consult with the child on the proposed placement, to the extent possible given the child’s age and maturity;

(b)  prepare a written report setting out the child’s views or the reasons for which it was not possible to consult with the child given the child’s age and maturity, as the case may be;

(c)  consult, to the extent possible in the circumstances, with any other person or entity that, in the opinion of the placing agency, would have information relevant to the proposed placement and the determination as to whether the placement will meet the child’s immediate needs;

(d)  prepare a written report setting out the views of the persons or entities consulted with under clause (c) or the reasons for which no person or entity was consulted under that clause, as the case may be; and

(e)  based on the documentation referred to in clause (3) (c), the views of the child, if applicable, the views of any person or entity that was consulted and any other information known to the placing agency about the child, assess whether the proposed placement will meet the child’s immediate needs and prepare a report setting out the assessment. O. Reg. 350/22, s. 26.

(5) For the purposes of subsection (2), the following is the information about the child that is mandatory for the assessment:

1.  The child’s name, age and gender.

2.  The objectives of the person placing the child or the placing agency.

3.  Information about the immediate needs of the child that is reasonably necessary for the purposes of performing the assessment under this section, including, as may be necessary, information about any immediate developmental, emotional, social, medical, psychological and educational needs and any immediate needs related to any behavioural challenges or any trauma experienced by the child.

4.  If the child is being placed by a society, the basis on which the child is in the society’s care.

5.  Any behaviours of the child that may pose a risk to the safety of the child or others or any other risks to the child’s safety that are known to the licensee, as well as the safety measures that should be implemented in order to mitigate those risks if the child were to be placed in a foster home.

6.  The circumstances necessitating foster care of the child.

7.  Any other information that, in the opinion of the person placing the child or placing agency, is relevant to the provision of foster care to the child. O. Reg. 350/22, s. 26.

(6) For the purposes of subsection (2), the following is the information about the child that is optional for the assessment:

1.  Any information set out in a personal, family and social history or assessment respecting the child that has been prepared by or provided to the placing agency or other person placing the child and that is relevant to the assessment under this section.

2.  The strengths of the child, including information about their personality, aptitudes and abilities.

3.  Information respecting the child’s identity characteristics. O. Reg. 350/22, s. 26.

(7) The written evaluation, referred to in clause (3) (a), of whether the child’s immediate needs can be met in the foster home shall contain,

(a)  the information, described in subsection (2), about the child whose placement is being proposed;

(b)  the names of the proposed foster parent or parents, the date on which the foster parent or parents were approved to provide foster care and an assessment of whether the parent or parents have access to the supports and have completed the training necessary to meet the child’s immediate needs, as described in the foster parent’s foster parent learning plan;

(c)  with respect to any foster child or adult who will be receiving residential care in the foster home at the time of the proposed placement,

(i)  their age and gender, if relevant to the evaluation, and

(ii)  a general description of their needs and of the services and supports provided to them, including details of any additional staffing required to meet those needs and an indication of whether any of the foster children or adults has a safety plan in place;

(d)  an assessment of how the needs of the foster children or adults referred to in clause (c) may impact on the care to be provided to the child whose placement is being proposed; and

(e)  if any other persons beyond those referred to in clause (c), as well as the proposed foster parent or parents, are residing in the proposed foster home, the number of persons and any information known to the licensee about them that may impact on the care to be provided to the child. O. Reg. 350/22, s. 26.

(8) The following is the information respecting the proposed placement to be provided by the foster care licensee to the person placing the child or the placing agency under clause (3) (c):

1.  The name or names of the proposed foster or parents and the address of the proposed foster home.

2.  The date on which the proposed foster parent or parents were approved to provide foster care.

3.  Details of any support services available to and training provided to the proposed foster parent or parents, as well as any training completed by the proposed foster parent or parents, that are relevant to the care of the child.

4.  The number of foster children and adults receiving residential care in the proposed foster home at the time at which the child will be placed in the foster home.

5.  The ages, gender and information about the needs of the persons described in paragraph 4, as well as the services and supports required to meet those needs, that might impact on the services to be provided to the child.

6.  The total number of persons living in the proposed foster home and any information about those persons that is known to the licensee that is relevant to the care to be provided to the child whose placement is being proposed. O. Reg. 350/22, s. 26.

(9) Despite clause (3) (c), a licensee shall not provide, to the person placing the child or the placing agency, any information referred to in subsection (8) that constitutes personal information. O. Reg. 350/22, s. 26.

(10) Any report referred to in this section shall be dated to indicate the date on which it was prepared. O. Reg. 350/22, s. 26.

(11) A foster care licensee shall keep a record of the date on which it provides the report or any information as required under clause (3) (c). O. Reg. 350/22, s. 26.

Review of foster plan of care

128. (1) A foster care licensee shall review the foster plan of care developed in accordance with section 127 for each child receiving foster care in a foster home used by the licensee to provide foster care.

(2) The following people shall, if possible in the circumstances, be involved in a review:

1.  The licensee.

2.  The placing agency, if the placing agency is not the licensee.

3.  The child, to the extent possible given the child’s age and maturity.

4.  The foster parent or parents.

5.  The child’s parents, if appropriate.

(3) If a person listed in subsection (2) is not involved in the review, other than a child’s parent, the licensee shall note the reasons in the child’s file and shall,

(a)  continue to make reasonable efforts to involve the person after completing the review; and

(b)  based on their involvement, make any necessary changes to the foster plan of care.

(4) A review shall take place at the following times:

1.  Three months after the child’s placement in foster care, six months after the placement and at least once every six months after that.

2.  As soon as possible after the following events:

i.  A material change in circumstances occurs that necessitates a review of the foster plan of care.

ii.  A change occurs in the child’s placement.

(5) The licensee shall document in the child’s file the date of each review and any changes made to the foster plan of care as a result of the review.

(6) If the placing agency is not the licensee, the placing agency and the licensee shall ensure that any reports respecting the child are shared between them as soon as possible after a report is received by either of them.

(7) If a foster plan of care includes a recommendation to obtain one or more specialized consultations, specialized treatments or other supports for the child within a specified timeframe and the specialized consultation, specialized treatment or support is not subsequently obtained for the child within the timeframe, the licensee shall note the reasons in the child’s file.

Note: On July 1, 2023, section 128 of the Regulation is revoked and the following substituted: (See: O. Reg. 350/22, s. 26)

Conditions on placement

128. (1) A placing agency shall not place a child in a foster home unless the placing agency has completed all of the applicable steps of the assessment described in section 127. O. Reg. 350/22, s. 26.

(2) A placing agency that decides to proceed with a proposed placement shall,

(a)  notify the child who is the subject of the placement of the decision as soon as reasonably possible after the decision has been made but before the child is placed in the foster home;

(b)  make a record of any measures that the licensee determines should be implemented prior to the child’s placement to ensure that the immediate needs of all persons receiving residential care in the proposed foster home are met, including details of any additional services and supports to be provided to the child or other persons receiving residential care in the foster home; and

(c)  before the child is placed in the foster home, provide the foster care licensee with the reports prepared in accordance with subsection 127 (4) and the record prepared under clause (b). O. Reg. 350/22, s. 26.

(3) In addition to the restrictions set out in subsection 125 (1) respecting the placement of children in a foster home, a foster care licensee may not permit a child to be placed in a foster home that the licensee uses to provide residential care unless,

(a)  all of the applicable steps of the assessment described in section 127 have been completed;

(b)  if the child engages in behaviours that may pose a risk to the safety of the child or others or if there are other risks to the child’s safety that are known to the licensee, the licensee has conducted a safety assessment as required by section 129 and, if required, prepared a safety plan;

(c)  the licensee or person designated by the licensee has approved the foster parent or parents under section 121 and the results of the last assessment under section 123, if any, indicated that the foster parent or parents and foster home remain suitable to receive a child for the purposes of providing foster care;

(d)  the licensee has disclosed to the foster parent or parents all information known to the licensee about the child that is relevant to the care of the child, including the record setting out the information about the child and the report setting out the licensee’s conclusions on whether the child’s needs can be met in the foster home that are prepared under section 127; and

(e)  the licensee has obtained the agreement of,

(i)  the foster parent or parents, on the basis of the information provided under clause (d), and

(ii)  the placing agency, if the licensee is not the placing agency. O. Reg. 350/22, s. 26.

(4) Where a child is placed in a foster home, the foster care licensee who uses the home to provide residential care shall ensure that,

(a)  any optional information for the assessment set out in subsection 127 (6) that was not previously collected is collected as soon as possible but no later than 30 days after the child’s placement in the foster home;

(b)  any documents that it has prepared or received under section 127 are maintained in the child’s file; and

(c)  any reservations or concerns expressed by the foster parent or parents about the placement of the child in the foster home are recorded in the child’s file. O. Reg. 350/22, s. 26.

Placement of child

129. (1) A foster care licensee shall not place a child in a foster home that it uses to provide residential care unless,

(a)  the licensee or person designated by the licensee approves the foster parent or parents under section 121 and the results of the last assessment under section 123, if any, indicated that the foster parent or parents and foster home remain suitable to receive a child for the purposes of providing foster care;

(b)  the licensee has disclosed to the foster parent or parents all information known to the licensee about the child that is relevant to the care of the child; and

(c)  the licensee obtains the agreement of,

(i)  the foster parent or parents, on the basis of the information provided under clause (b), and

(ii)  the placing agency, if the licensee is not the placing agency.

(2) The licensee shall ensure that the following information is included in the file of a child who receives or will receive foster care in a foster home used by the licensee to provide residential care:

1.  Any needs of the child that cannot be met by placement in the foster home.

2.  How the needs of the child will be met.

3.  Any reservations or concerns expressed by the foster parent or parents about the placement of the child in the foster home.

Note: On July 1, 2023, section 129 of the Regulation is revoked and the following substituted: (See: O. Reg. 350/22, s. 26)

Requirement for safety plans

129. (1) A foster care licensee shall, as required by this section, conduct a safety assessment in respect of any child who is to be placed in a foster home used by the licensee to provide residential care and in respect of children receiving foster care in such foster homes in order to determine whether a safety plan is required for those children. O. Reg. 350/22, s. 26.

(2) For the purposes of this section, conducting a safety assessment in respect of a foster child consists of,

(a)  making reasonable efforts to determine whether the child engages in behaviours that may pose a risk to the safety of the child or others or whether there are other risks to the child’s safety, on the basis of all information known to the licensee, including information about the child’s needs and behaviours contained in,

(i)  any documents or information collected by the licensee or any documents created by the licensee as part of the pre-placement assessment described in section 127,

(ii)  any serious occurrence reports or other reports concerning the child prepared by the licensee or persons providing direct care to the child on behalf of the licensee, and

(iii)  any plan of care developed for the child; and

(b)  obtaining the view of the person who is placing the child or who placed the child or of the placing agency, as the case may be, on the need for a safety plan for the child. O. Reg. 350/22, s. 26.

(3) The foster care licensee shall document any safety assessment conducted under this section and ensure that the documentation is maintained in the child’s file. O. Reg. 350/22, s. 26.

(4) A safety plan is required for a child under this section if, after conducting a safety assessment, the licensee determines that,

(a)  the child engages in behaviours that may pose a risk to the safety of the child or others or there are other risks to the safety of the child; or

(b)  the view of the person who is placing or who placed the child or the placing agency, as the case may be, is that a safety plan is needed. O. Reg. 350/22, s. 26.

(5) Unless a safety plan has already been developed for a child in accordance with section 129.1, a safety assessment must be conducted by the licensee,

(a)  in the case of a child who is to be placed in the foster home, before the child’s placement;

(b)  in the case of a child already receiving foster care in a foster home,

(i)  during the development or review of the child’s foster plan of care under section 131.2, and

(ii)  immediately following any situation during which the child engages in any behaviours which may pose a risk to the safety of the child or others or during which the child’s safety is otherwise put at risk. O. Reg. 350/22, s. 26.

(6) If a safety plan is required for a child, the licensee shall ensure that a safety plan is developed in accordance with the requirements of section 129.1 as soon as possible and, in the case of a child who is to be placed in the foster home, before the child’s placement. O. Reg. 350/22, s. 26.

(7) Within 30 days after the day on which section 26 of Ontario Regulation 350/22 comes into force, a foster care licensee shall, in respect of every child who, on that day, is receiving foster care in a foster home used by the licensee to provide residential care,

(a)  conduct a safety assessment in respect of the child; and

(b)  if a safety plan is required, develop a safety plan as soon as possible in accordance with the requirements of section 129.1. O. Reg. 350/22, s. 26.

Development of safety plan

129.1 (1) In addition to any other information that the foster care licensee developing the safety plan considers appropriate, a safety plan required under section 129 shall set out,

(a)  the child’s behaviours that may pose a risk to the safety of the child or others and any other reasons for which the safety of the child is at risk;

(b)  safety measures, including the amount of any supervision required, to prevent the child from engaging in behaviours that may pose a risk to the safety of the child or others or to otherwise protect the child and which are informed by the information provided by the person who is placing or who placed the child or the placing agency, as the case may be, respecting the safety measures that should be implemented;

(c)  procedures to be followed by the foster parent or parents and any other person providing direct care to the child on behalf of the licensee in circumstances in which the child engages in behaviours referred to in clause (a) or in which the safety of the child is otherwise at risk;

(d)  any recommendations, to which the licensee has access, from persons that provided or are providing specialized consultation services, specialized treatment or other clinical supports to address the child’s behaviours referred to in clause (a);

(e)  any clinical or other supports to be provided to the child to address the behaviours referred to in clause (a); and

(f)  the names, contact information and, if applicable, job titles of any persons consulted on and involved in the development of the safety plan, including the date or dates on which they were consulted. O. Reg. 350/22, s. 26.

(2) Subject to subsection (3), the licensee shall consult with the following persons and involve them in the development of the safety plan:

1.  The placing agency, if the placing agency is not the licensee.

2.  The foster parent or parents.

3.  The child, to the extent possible given their age and maturity.

4.  The child’s parents, if appropriate.

5.  In the case of a child who is a First Nations, Inuk or Métis child, a representative chosen by each of the child’s bands or First Nation, Inuit or Métis communities. O. Reg. 350/22, s. 26.

(3) If it is not possible in the circumstances for all of the persons listed in subsection (2) to be consulted on or involved in the development of the safety plan,

(a)  the licensee may nonetheless complete the safety plan; and

(b)  the licensee shall, on an ongoing basis, make reasonable efforts to ensure that the relevant persons are consulted on and involved in the development of the safety plan and shall amend the safety plan as necessary. O. Reg. 350/22, s. 26.

(4) The licensee shall note in the child’s file, if applicable,

(a)  the reasons that a person listed in subsection (2) was not consulted on or involved in the development of the safety plan; and

(b)  a description of any efforts made by the licensee pursuant to clause (3) (b). O. Reg. 350/22, s. 26.

(5) The licensee shall ensure that the persons listed in subsection (2), except for the child’s parents if it has been determined to be inappropriate to consult with and involve them in the development of the safety plan, receive a copy of the child’s safety plan at the following times:

1.  In the case of a safety plan developed for a child who is to be placed in the foster home, before the placement.

2.  In the case of a safety plan developed for a child already receiving residential care in the foster home, as soon as possible after it is developed. O. Reg. 350/22, s. 26.

Review of safety plan

129.2 (1) A foster care licensee shall review the safety plan of a child placed in a foster home used by the licensee to provide residential care, in accordance with this section. O. Reg. 350/22, s. 26.

(2) A safety plan must be reviewed during the development of the child’s written foster plan of care and during the review of the child’s written foster plan of care. O. Reg. 350/22, s. 26.

(3) A safety plan must also be reviewed immediately after any of the following occurs:

1.  The child engages in behaviour that poses a risk to the safety of the child or others or a situation occurs in which the child is put at risk.

2.  An incident occurs during which the measures set out in the safety plan are shown to be ineffective in preventing the child from engaging in behaviours that may pose a risk to the safety of the child or others or from otherwise being put at risk.

3.  New information comes to the attention of the licensee respecting the safety risks posed by the child, or to which the child is subject, or behaviours of the child that has implications for the information included in the child’s safety plan.

4.  The child or a person consulted on and involved in the development of the safety plan requests that the safety plan be reviewed. O. Reg. 350/22, s. 26.

(4) When reviewing a safety plan under this section, the licensee shall ensure that,

(a)  it still adequately keeps the child and others safe and, if it doesn’t, an amended safety plan is developed;

(b)  the same process and requirements for the development of a safety plan set out in section 129.1 are also followed and complied with in reviewing the safety plan and, if applicable, developing an amended safety plan;

(c)  any amendments to the safety plan are documented and dated in the safety plan;

(d)  all information known to the licensee about the child’s behaviours that might be relevant to the child’s safety plan are considered, including information collected from the child’s foster parent or parents and persons providing direct care to the child on behalf of the licensee; and

(e)  any recommendations received by the licensee from any individual named as a resource person for the child under section 5 or any person who provides direct care to the child on behalf of the foster care licensee, other than the foster parent or parents, are incorporated into the safety plan. O. Reg. 350/22, s. 26.

(5) If a review is required because an incident referred to in paragraph 2 of subsection (3) occurs, the licensee shall ensure that measures to prevent the child from engaging in behaviour that may pose a safety risk to the child or others or to otherwise protect the child that are different from any previously set out in the safety plan are developed and set out in the amended safety plan. O. Reg. 350/22, s. 26.

Staff and foster parent review of safety plan

129.3 (1) A foster care licensee shall ensure that the safety plan of every child receiving foster care in a foster home used by the licensee to provide residential care is reviewed by the following persons and that the reviews take place within the timeframes required by subsection (2):

1.  Any persons providing direct care to the child on behalf of the licensee, including the foster parent or parents.

2.  The person assigned under section 122 to supervise and support the foster parent or parents with whom the child is placed. O. Reg. 350/22, s. 26.

(2) The persons listed in paragraphs 1 and 2 of subsection (1) must review the safety plan,

(a)  before the person begins supervising or providing support to the foster parent or parents or providing direct care to the child on behalf of the licensee;

(b)  as soon as possible after a safety plan is developed, if the person has been supervising or providing support to the foster parent or parents or providing direct care to the child on behalf of the licensee before the plan was developed; and

(c)  as soon as possible after a safety plan is amended. O. Reg. 350/22, s. 26.

(3) The licensee shall, each time the safety plan is reviewed by a person listed in subsection (1), ensure that the person confirms the review of the plan by signing the safety plan and indicating the date of the review. O. Reg. 350/22, s. 26.

Availability of safety plan

129.4 A foster care licensee shall ensure that,

(a)  a copy of any safety plan developed for a child receiving foster care in a foster home used by the licensee to provide foster care is kept in the child’s file; and

(b)  a copy of the most recent version of the child’s safety plan is readily available at the foster home to the foster parent or parents and any other person providing direct care to the foster child on behalf of the licensee. O. Reg. 350/22, s. 26.

Implementation of safety plan

129.5 A foster care licensee shall ensure that any person who provides direct care to a foster child on behalf of the licensee, including a foster parent, does so in accordance with the safety plan for the child, if any. O. Reg. 350/22, s. 26.

Placement of child

130. A foster care licensee or placing agency that places a child in foster care shall,

(a)  arrange for a person known to the child or, if the licensee or placing agency or a person designated by the licensee or placing agency approves another person, that person, to accompany the child to the foster home on the date on which the child is placed in the foster home; and

(b)  ensure that the foster parent or parents receive, in writing and at the time of placement, information about the child’s health and medical and dental history necessary for the care of the child, including specification of any medical disorders, disabilities, special needs, allergies or limitations on activity.

Note: On July 1, 2023, the Regulation is amended by adding the following section: (See: O. Reg. 350/22, s. 27)

Child’s orientation to the foster home

130.1 (1) A foster care licensee shall ensure that, upon a child’s placement in a foster home that the licensee uses to provide foster care, the child receives an orientation in language suitable to their understanding and in accordance with their age and maturity in respect of,

(a)  the foster home and any program provided in the foster home;

(b)  the procedures that exists for a foster child to express concerns or make complaints;

(c)  the procedures to be followed when a fire alarm is activated or a fire is discovered, including the roles and responsibilities of the foster children;

(d)  the licensee’s policy as to whether or not the licensee uses or permits the use of physical restraints;

(e)  if applicable, the circumstances in which physical restraints may be used, including,

(i)  what constitutes a physical restraint under the Act, and

(ii)  the rules governing the use of physical restraints under the Act, including the circumstances in which the child may be physically restrained and the procedures that must be followed after any such use of physical restraint;

(f)  if applicable, the circumstances in which mechanical restraints may be used, including,

(i)  what constitutes a mechanical restraint under the Act, and

(ii)  the rules governing the use of mechanical restraints under the Act, including the circumstances in which the child may be restrained by means of mechanical restraints and the procedures that must be followed after any such use of mechanical restraints; and

(g)  the foster child’s right to speak in private with and receive visits from the Ombudsman appointed under the Ombudsman Act and members of the Ombudsman’s staff, including with respect to concerns about the use of a physical restraint or a mechanical restraint. O. Reg. 350/22, s. 27.

(2) The foster care licensee shall ensure that the matters to be reviewed with a child during an orientation are again reviewed with the child as follows:

1.  Seven days after the child’s placement in the foster home.

2.  As soon as reasonably possible after the child requests that the information be reviewed with them.

3.  Any time at which, in the opinion of the licensee or a person designated by the licensee, the information should be reviewed with the child. O. Reg. 350/22, s. 27.

(3) The licensee shall document the following information in the file of the child:

1.  The date on which the child received the orientation required under subsection (1).

2.  The dates on which the matters to be reviewed with a child during an orientation are again reviewed with the child under subsection (2).

3.  A written record signed by the child that indicates that they understood the matters reviewed with them during the orientation or, if the child refuses to sign such record, a written record documenting this fact. O. Reg. 350/22, s. 27.

Foster care service agreement

131. (1) A foster care licensee who intends to place a child in a foster home that the licensee uses to provide residential care shall enter into a written foster care service agreement with the foster parent or parents before placing the child with the foster parent or parents.

(2) The foster care service agreement shall set out,

(a)  the respective roles, responsibilities and obligations of the licensee and the foster parent or parents;

(b)  support services and training to be provided by the licensee to the foster parent or parents during the placement, including,

(i)  the frequency and form of the supervision,

(ii)  relief services, and

(iii)  professional consultation needed by the foster child;

(c)  financial arrangements for the care of a child, including,

(i)  the basis for determining the amount of payment to the foster parent or parents,

(ii)  the method and frequency of payment to the foster parent or parents, and

(iii)  the basis for determining the expenditures incurred by the foster parent or parents that will be reimbursed by the licensee;

(d)  information that is considered to be confidential between the foster parent or parents and the licensee;

(e)  the frequency at which the foster parent or parents will be evaluated by the licensee; and

(f)  the grounds on which the agreement may be terminated.

(3) The licensee shall review the foster care service agreement at least once in every year and as otherwise requested by a foster parent.

Note: On July 1, 2023, subsection 131 (3) of the Regulation is amended by striking out “in every year” and substituting “every 12 months”. (See: O. Reg. 350/22, s. 28)

(4) As part of the review, the licensee shall conduct at least one interview with the foster parent or parents and any other individual who lives in the foster home.

(5) Upon completion of the review, the foster parent or parents and the licensee shall sign the agreement that was the subject of the review, and the licensee shall keep a copy of it in the foster parent or parents’ file.

(6) The licensee and the foster parent or parents may update the agreement from time to time as is necessary to give proper effect to the agreement.

Note: On July 1, 2023, the Regulation is amended by adding the following sections: (See: O. Reg. 350/22, s. 29)

Requirement for plans of care

131.1 (1) A foster care licensee shall ensure that, for each foster child to whom the licensee provides residential care,

(a)  a written plan of care is developed for the child within 30 days after the child’s placement in a foster home; and

(b)  a review of the child’s plan of care is completed 90 days after the child’s placement, 180 days after the child’s placement and every 180 days after that. O. Reg. 350/22, s. 29.

(2) The foster care licensee shall also ensure that a review of a foster child’s plan of care is completed as soon as possible after any of the following occurs:

1.  There is a material change in the foster child’s circumstances that necessitates a review of the plan of care.

2.  New information is received by the licensee about the foster child’s needs, behaviours or any diagnosis.

3.  The foster child, placing agency or the foster child’s parent or other person who placed the child requests that the plan be reviewed. O. Reg. 350/22, s. 29.

(3) The purpose of a review under this section is to,

(a)  ensure that any information included in the plan of care is current; and

(b)  document the services, treatment and supports referenced in the plan of care that have been provided to the foster child. O. Reg. 350/22, s. 29.

Development and review of plan of care

131.2 (1) Before beginning the process of developing or reviewing a plan of care, a foster care licensee or a person designated by the licensee shall meet with the foster child and explain the following, to the extent possible given the child’s age and maturity:

1.  The purpose for which a plan of care is being developed or reviewed, as the case may be.

2.  The type of information that will be discussed during the development or review of the plan of care and the type of information that will be included in the plan of care.

3.  The role of the child in the development or review. O. Reg. 350/22, s. 29.

(2) The licensee shall document the meeting held under subsection (1). O. Reg. 350/22, s. 29.

(3) When developing or reviewing a foster child’s plan of care, the licensee shall use the information in the foster child’s file, notably,

(a)  any documents developed during the pre-placement assessment referred to in section 127;

(b)  any information referred to in subsection 127 (6) that was not collected for the purpose of the assessment under section 127;

(c)  any safety plan developed for the child;

(d)  any reports respecting the child prepared by the licensee, foster parent or parents or other persons providing direct care to the child on behalf of the licensee, including serious occurrence reports, and that relate to incidents involving the child and contain information that is reasonably necessary for the development or review of the plan of care; and

(e)  any personal, family and social history or assessment respecting the child that has been prepared by or provided to the licensee and that contains information that is reasonably necessary for the provision of residential care to the child. O. Reg. 350/22, s. 29.

(4) When developing or reviewing a foster child’s plan of care, the licensee shall,

(a)  assess whether the needs of the child can be met in the foster home on the basis of the information referred to in subsection (3); and

(b)  document the assessment in the child’s plan of care. O. Reg. 350/22, s. 29.

(5) The licensee shall ensure that, if possible in the circumstances, the following people are consulted on and involved in the development or review of a plan of care:

1.  The placing agency, if the placing agency is not the licensee.

2.  The foster child’s parents, if appropriate.

3.  The foster parent or parents.

4.  The foster child, to the extent possible given their age and maturity.

5.  In the case of a foster child who is a First Nations, Inuk or Métis child, a representative chosen by each of the child’s bands or First Nation, Inuit or Métis communities. O. Reg. 350/22, s. 29.

(6) The consultations conducted under subsection (5) shall include at least one meeting during which are present the licensee and all of the persons that the licensee is able to consult on and involve in the development or review, as the case may be, of the plan of care. O. Reg. 350/22, s. 29.

(7) The licensee shall ensure that,

(a)  reasonable notice of the meeting referred to in subsection (6) is provided;

(b)  the meeting is scheduled at a time that is convenient for the child; and

(c)  the meeting is conducted in a manner that encourages the child’s participation. O. Reg. 350/22, s. 29.

(8) The licensee shall consult with any of the persons listed in subsection (9) on the development or review, as the case may be, of a foster child’s plan of care if the licensee is of the opinion that the person would have information relevant to supporting the development or review of the child’s plan of care or if a person listed in subsection (5) recommends that the licensee do so. O. Reg. 350/22, s. 29.

(9) The following are the persons mentioned in subsection (8):

1.  The child’s probation officer, if any.

2.  Any medical professionals or clinicians providing services, treatment or supports to the child.

3.  Any individual named as a resource person for the child under section 5.

4.  A representative from the child’s school.

5.  Any person who provides direct care to the child on behalf of the foster care licensee, other than the foster parent or parents, if applicable.

6.  In the case of a review, the adult identified in the child’s plan of care as being a positive influence in the child’s life, if any such adult is identified in the plan of care. O. Reg. 350/22, s. 29.

(10) The licensee shall ensure that a plan of care includes,

(a)  the names and, if applicable, job titles, of the persons consulted on and involved in the development or review of the plan of care; and

(b)  the dates of any meetings held to discuss the development or review of the plan of care and the names of the persons who participated in the meetings. O. Reg. 350/22, s. 29.

(11) The licensee shall make reasonable efforts to have a plan of care signed and dated by the persons referred to in subsection (5) who have been consulted on and involved in its development or review, in such a way as to indicate their agreement with the information set out in the plan of care. O. Reg. 350/22, s. 29.

(12) Despite subsection (11), if the foster child is not able to understand the plan of care given their age and maturity or does not wish to sign the plan of care, the licensee is not required to have the plan of care signed and dated by the child. O. Reg. 350/22, s. 29.

(13) If the foster child is able to understand the plan of care given their age and maturity and wishes to sign the plan of care, the licensee shall ensure that the foster child does not sign the plan of care until,

(a)  the child is given an explanation of the plan of care in language suitable to their age and maturity; and

(b)  the child is asked if they would like to receive a copy of the plan of care and, if the child indicates that they would, they are also asked whether they would like to receive the plan of care in a written or electronic format. O. Reg. 350/22, s. 29.

(14) If the foster child indicates that they would like to receive a copy of the plan of care, the licensee shall provide the child a copy, in the format chosen by the child, within seven days after it is developed or reviewed, as the case may be. O. Reg. 350/22, s. 29.

(15) If a person referred to in subsection (5) refuses to sign the foster child’s plan of care, the licensee shall, within the child’s plan of care, indicate that the person refused to sign it and set out the reasons for the refusal. O. Reg. 350/22, s. 29.

(16) If a person referred to in subsection (5) was not consulted on and involved in the development or review of a foster child’s plan of care, the licensee shall,

(a)  make reasonable efforts to consult with and involve them after the development or review of the plan of care and record those efforts in the child’s plan of care; and

(b)  amend the plan of care, if necessary, to reflect their input. O. Reg. 350/22, s. 29.

Content of plan of care

131.3 (1) A foster care licensee shall ensure that a foster child’s plan of care includes the information described in Column 2 of the Table to this section and shall comply with any requirements set out in that Column in developing the information. O. Reg. 350/22, s. 29.

(2) If a plan of care is amended after its initial development, the foster care licensee shall ensure that the plan of care is clearly labelled as being an amended plan of care. O. Reg. 350/22, s. 29.

Table

Item

Column 1
General description of the section of the plan of care

Column 2
Specific information to be included in the section of the plan of care and related requirements for developing that information.

1.

Foster child’s personal strengths

A description of the child’s strengths, including information about their personality, aptitudes and abilities, based on the information collected about the child’s strengths under clause 128 (4) (a), a plan as to how the licensee will promote those strengths and details of how the licensee has promoted those strengths.

2.

Child’s identity characteristics

  1.  A description of the child’s identity characteristics.

  2.  Details of how the licensee has taken and will continue to take the child’s identity characteristics into account in providing services to the child, including details of supports or activities that take their identity characteristics into account.

3.

Needs and behaviours of the child and applicable diagnosis information

  1.  A complete description of the child’s needs, including any developmental, emotional, social, medical, psychological and educational needs, and any needs related to any behavioural challenges and any trauma experienced by the child.

  2.  Details of any medical or clinical diagnosis that is relevant to the provision of services, treatment or supports to the child.

The licensee shall ensure that the description of the needs of the child is consistent with the following:

  1.  The content of any current or previous medical, emotional, developmental, psychological, educational and social assessments of the child.

  2.  Information contained in serious occurrence reports respecting the child or other reports prepared by the licensee or persons providing direct care to the child on behalf of the licensee, including foster parents, respecting incidents involving the child.

  3.  Information reported by persons responsible for providing direct care to the child on behalf of the licensee, including foster parents.

4.

Services, treatment and supports for the child

  1.  Details of all services, treatment or supports that have been and that will be provided to the child to meet their individual needs and any challenges or concerns specific to those needs, including,

i.  a detailed description of all services, treatment or supports the child will receive that are provided by the licensee or by others pursuant to arrangements made by the licensee, as well as those that the child has already received, along with the dates on which they were received,

ii.  the names of persons, including medical professionals and clinicians, providing services, treatment or supports to the child and their contact information,

iii.  any recommendations from persons providing services, treatment or supports to the child, including as reflected in any assessment reports, and

iv.  the reasons that any services, treatment or supports were not provided within the timeframe specified in the plan of care.

  2.  A complete list of any medications that the child is taking, along with an indication of,

i.  any concerns about missed medication known at the time at which the plan was developed or that have arisen since the plan was last reviewed,

ii.  the directions to be followed if medication is not administered when it is supposed to be, and

iii.  any psychotropic drugs listed in section 91 of Ontario Regulation 155/18 (General Matters under the Authority of the Lieutenant Governor in Council) made under the Act that the child is taking.

In determining the services, treatment and supports to be provided to the child, the licensee shall ensure that consideration is given to the need to provide services, treatment and supports that relate to the child’s identity, culture, language or creed.

5.

Identification and achievement of child’s goals

  1.  A description of the child’s immediate and long-term goals and how those goals were determined, as well as a description of any progress made towards achieving those goals at the time the plan was developed or since the plan was last reviewed.

  2.  A statement setting out how the child was involved in the development or review, as the case may be, of their immediate and long-term goals, with reference to their age and maturity.

  3.  Activities for supporting the child in achieving their immediate and long-term goals, including the names and, if applicable, job titles of persons responsible for supporting the child in performing these activities.

The licensee shall ensure that the child’s needs, behaviours and any diagnoses are considered in the development or review of the child’s immediate and long-term goals. 

6.

Identification of an adult ally

A statement identifying at least one adult who the child has named as being a positive influence in the child’s life, including the adult’s name, the reasons why the adult is important to the child and the role and responsibilities that the adult has agreed to assume in supporting the child. However, if the child is unable to identify such an adult, the plan of care must instead include identifying an adult who is a positive influence in the child’s life as one of the child’s goals.

7.

Involvement of child’s family and placing agency

A statement describing the involvement of any parent or member of the child’s extended family and, if applicable, placing agency, in supporting the child, including any arrangements for contact between the child and the parent, member of the child’s extended family or placing agency, as the case may be. However, if it has been determined that the involvement of parents and extended family is not appropriate in the circumstances, a statement to this effect must be included along with the reasons in support of this determination.

8.

Safety planning

If the child has a safety plan, a summary of the review of the child’s safety plan, together with any changes made to the safety plan. 

9.

Outcomes for the child

A description of the desired outcomes identified for the child, based on the child’s specific strengths, needs and, if applicable, diagnoses.

10.

Education

  1.  A description of the child’s current educational status and an indication of the educational resources that have been made available to the child from among those identified by the licensee through the consultations required under subsection 80.1 (2).

  2.  An indication of whether there are any concerns about the child’s school attendance or academic performance and, if applicable, any action to be taken to address those concerns.

  3.  A description of how the licensee has ensured, as required by subsection 80.1 (1), that the foster home includes a space or spaces that constitute a suitable environment for each foster child to undertake their studies, including completing homework and other assignments, that is responsive to each child’s individual need and appropriate given their age and maturity.

11.

Activities and supports

  1.  A description of any cultural, recreational, athletic and creative activities that the child has participated in or will participate in, as well as a description of how those activities are appropriate given the child’s aptitudes, interests, needs and strengths.

  2.  A plan to enrol the child in such cultural, recreational, athletic or creative activities and to encourage their continued involvement in such activities.

12.

Meals and nutrition

A current description of the child’s dietary preference and any dietary restrictions, along with details of how those preferences and restrictions, if applicable, are to be accommodated.

13.

Access to electronic devices and the internet

  1.  A current description of any access to electronic devices or the internet to be accorded to the child and any supervision that the child requires while using the electronic devices or the internet.

  2.  If the plan of care indicates that no internet access is to be accorded to the child, an explanation of the reasons for this decision and a description of the measures to be implemented to ensure that the child does not access the internet.

14.

Child’s preferences and wishes for their care

  1.  A current description of the child’s views and wishes with respect to the manner in which residential care is provided to them.

  2.  A current description of any concerns expressed or changes recommended by the child respecting the provision of residential care to them and how the licensee has responded to those concerns or recommendations.

15.

Transfer or discharge

A description of any anticipated plans for transfer or discharge of the child, including details of whether it is anticipated that the child will be transferred or discharged from the foster home to another person or agency, including the child’s parent and, if so, details of the person or agency that would be responsible for caring for the child.

16.

Revisions to the plan of care

An indication of the following:

  1.  The date by which the next review of the child’s plan of care must be completed.

  2.  The dates on which the plan of care was previously revised after its initial development.

O. Reg. 350/22, s. 29.

Availability of plan of care and recordkeeping

131.4 (1) A foster care licensee shall,

(a)  take reasonable steps to ensure that the foster parent or parents of a foster child to whom the licensee provides foster care and all other persons who provide direct care to the child on behalf of the licensee review the contents of the most recent version of a child’s plan of care;

(b)  ensure that a copy of a foster child’s most recent plan of care is kept at the foster home and is readily available to persons referred to in clause (a); and

(c)  ensure that the foster child’s parent or the placing agency or other person who placed the child is provided with a copy of the child’s initial plan of care and any amended plan of care, following its development or review. O. Reg. 350/22, s. 29.

(2) The licensee shall ensure that the following is included in the foster child’s file:

1.  The initial plan of care developed for the child.

2.  Any amended plan of care.

3.  An indication of whether the plan of care was provided to the child and, if so, whether it was provided in written or electronic form.

4.  Documentation respecting the meeting held under subsection 131.2 (1). O. Reg. 350/22, s. 29.

Implementation of plan of care

131.5 A foster care licensee shall ensure that any person who provides direct care to a foster child on behalf of the licensee, including foster parents, does so in accordance with the plan of care for the child. O. Reg. 350/22, s. 29.

Foster child file

132. A foster care licensee shall maintain a written file for each foster child to which it provides residential care that includes,

(a)  the foster child’s full name, sex and date of birth;

(b)  the name, address and telephone number of the placing agency or other person who placed the child;

(c)  the reason for the child’s placement in foster care;

(d)  any personal, family and social history or assessment that has been prepared by or provided to the licensee, including the social history referenced in subsection 127 (7);

Note: On July 1, 2023, clause 132 (d) of the Regulation is amended by adding “respecting the child” after “assessment” and by striking out “including the social history referenced in subsection 127 (7)” at the end. (See: O. Reg. 350/22, s. 30 (1))

(e)  a cumulative record of reports of medical and dental examinations and treatments given to the child that have been provided to the licensee and of reports of all medical and dental examinations and treatments given to the child after the date of their placement in the foster home;

(f)  if it can be obtained by the licensee, any legal document that is concerned with the child’s admission and stay in the foster home, including any consent to admission, treatment and release of information;

(g)  the child’s school records and reports, if applicable;

(h)  the plan of care developed for the child and particulars of any review of the plan of care;

Note: On July 1, 2023, clause 132 (h) of the Regulation is revoked. (See: O. Reg. 350/22, s. 30 (2))

(i)  if the licensee or a member of the licensee’s staff opens or removes an article from any written communication intended for the child under subsection 10 (3) of the Act, the reasons for which the written communication was opened or the article removed; 

(j)  information respecting the child’s,

(i)  personality, behaviour, aptitudes and abilities,

Note: On July 1, 2023, subclause 132 (j) (i) of the Regulation is revoked. (See: O. Reg. 350/22, s. 30 (2))

(ii)  involvement with court, and

(iii)  experiences of separation from individuals who are or have been significant in the child’s life;

(k)  if applicable,

(i)  documentation respecting the circumstances of transfer or discharge of the child from the foster home,

(ii)  the name and address of the licensee, person or agency to whom the child is transferred or discharged, and

(iii)  a description of the relationship between the child and the licensee, person or agency to whom the child is transferred or discharged;

Note: On July 1, 2023, clause 132 (k) of the Regulation is amended by striking out “and” after subclause (ii), by adding “and” after subclause (iii) and by adding the following subclause: (See: O. Reg. 350/22, s. 30 (3))

(iv)  any information relevant to the provision of residential care to the child that is provided by a licensee under paragraph 3 of section 80.2;

(l)  any other information required under this Regulation to be included in the file; and

  (m)  any other information that the licensee considers appropriate.

Requirements for Foster Homes

Fire and emergency procedures plan

133. (1) A foster care licensee shall develop a written fire and emergency procedures plan for each foster home used by the licensee to provide residential care that,

(a)  sets out the roles and responsibilities of a foster parent or parents in the event of a fire or other emergency;

(b)  designates a place of short-term shelter for situations in which the foster home needs to be evacuated because of a fire or other emergency; and

(c)  establishes a procedure for situations in which the foster home needs to be evacuated because of a fire or other emergency.

(2) The licensee shall involve the foster parent or parents in the development of the fire and emergency procedures plan.

(3) The licensee shall keep a copy of the fire and emergency procedures plan in the foster home to which it relates and at the business premises of the licensee.

(4) The licensee shall ensure that the fire and emergency procedures plan is,

(a)  reviewed as often as is necessary to support the safety of children receiving foster care in the foster home but at least once every 12 months; and

(b)  revised to take into account any changes to the nature of the residential setting or the children to whom foster care is provided.

Fire safety requirements

134. A foster care licensee shall, with respect to each foster home used by the licensee to provide residential care, ensure that,

(a)  a smoke alarm that meets the requirements of the fire code respecting standards for smoke alarms is located on each storey of the foster home and additional smoke alarms that meet those requirements are located in each bedroom and sleeping area in the home;

(b)  the foster parent or parents are instructed on the procedures to be followed when a fire alarm is activated or a fire is discovered, including their roles and responsibilities;

(c)  all children placed in the foster home are instructed upon their placement in the foster home, in a manner suitable to their age and maturity, on the procedures to be followed when a fire alarm is activated or a fire is discovered, including their roles and responsibilities;

Note: On July 1, 2023, clause 134 (c) of the Regulation is revoked. (See: O. Reg. 350/22, s. 31 (1))

(d)  the procedures referred to in clauses (b) and (c) are,

Note: On July 1, 2023, clause 134 (d) of the Regulation is amended by striking out the portion before subclause (i) and substituting the following: (See: O. Reg. 350/22, s. 31 (2))

(d)  the procedures referred to in clause (b) and the procedures to be followed when a fire alarm is activated or a fire discovered referred to in clause 130.1 (1) (c) are,

(i)  posted in conspicuous places in the foster home, and

(ii)  practiced at least once every six months in the foster home;

(e)  a record is kept of each practice under subclause (d) (ii);

(f)  the fire alarm is used to initiate fire drills; and

(g)  any flammable liquids, including paint supplies, that are kept in the foster home are stored in lockable containers and not stored near any appliance.

Storage of medication

135. A foster care licensee shall ensure that in any foster home used by the licensee to provide residential care,

(a)  medication is kept in locked containers; and 

(b)  only persons authorized by the licensee have access to medications.

Firearms

136. A foster care licensee shall ensure that firearms and ammunition are locked up and stored in a place that is inaccessible to children at all times.

Records and Reporting Requirements (Requirements for All Licensees)

Records

137. A licensee who operates a children’s residence or who provides residential care in places that are not children’s residences shall ensure that records are kept in locked containers that are inaccessible by children.

Financial reporting

138. A licensee who operates a children’s residence or who provides residential care in places that are not children’s residences shall, if requested by a Director, prepare and submit financial reports to the Director, including reports prepared by a public accountant who is licensed or holds a certificate of authorization under the Public Accounting Act, 2004.

Change in officers or directors

139. A licensee that is a corporation and that operates a children’s residence or that provides residential care in places that are not children’s residences shall, within 15 days after any change to the officers or directors of the corporation, notify a Director of the change and the role of the new director or officer.

Death of a resident

140. (1) If a resident of a children’s residence dies, the licensee who operates the residence shall notify a coroner, other than a coroner who is a physician referred to in subsection 104 (1), of the death.

(2) If a child dies while in receipt of residential care provided under the authority of a licence in a place other than a children’s residence, the licensee who directly or indirectly provides the residential care shall, after consulting with the placing agency, unless the placing agency is the licensee, notify a coroner.

Delivery of records, prescribed person

141. The Minister is prescribed as the person to whom records shall be delivered by a licensee for the purposes of clause 269 (b) of the Act.

141.1-141.8 Revoked: O. Reg. 350/22, s. 32.

Statement by Physician

Statement by physician

142. A written statement by a physician under subsection 294 (2) of the Act shall be in the form entitled “Statement by Physician” and dated 2018/03, available on a website of the Government of Ontario.

143. - 145. Omitted (provides for amendments to this Regulation).

146. Omitted (provides for coming into force of provisions of this Regulation).

 

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