O. Reg. 207/20: GENERAL MATTERS UNDER THE AUTHORITY OF THE LIEUTENANT GOVERNOR IN COUNCIL
filed May 8, 2020 under Child, Youth and Family Services Act, 2017, S.O. 2017, c. 14, Sched. 1
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made under the
Child, Youth and Family Services Act, 2017
Made: May 8, 2020
Filed: May 8, 2020
Published on e-Laws: May 11, 2020
Printed in The Ontario Gazette: May 23, 2020
Amending O. Reg. 155/18
(GENERAL MATTERS UNDER THE AUTHORITY OF THE LIEUTENANT GOVERNOR IN COUNCIL)
1. Section 31 of Ontario Regulation 155/18 is amended by adding the following subsections:
(4) Despite subsections (1) and (2), if the 60-day period referred to in those subsections expires during the emergency, the exemption provided for in those subsections is extended until the end of the 60th day following the day on which the emergency is terminated.
(5) In subsection (4),
“emergency” means the emergency declared by the Lieutenant Governor in Council on March 17, 2020 under section 7.0.1 of the Emergency Management and Civil Protection Act in the whole of the Province of Ontario as a result of the outbreak of the coronavirus (COVID-19).
2. The Regulation is amended by adding the following section:
Alternative procedures for home visits during the emergency
99.1. (1) In this section,
“emergency” means the emergency declared by the Lieutenant Governor in Council on March 17, 2020 under section 7.0.1 of the Emergency Management and Civil Protection Act in the whole of the Province of Ontario as a result of the outbreak of the coronavirus (COVID-19); (“situation d’urgence”)
“public health guidance on physical distancing” means any advice, recommendations and instructions of public health officials on physical distancing.(“orientations en matière de santé publique concernant la distanciation physique”)
(2) Despite the requirements in subsections 99 (2) and (3), the requirements in those subsections to visit the home of a prospective adoptive parent or parents may be deviated from if an adoption agency considers it appropriate to do so after having considered,
(a) the feasibility of a home visit being conducted in a way that is consistent with the most recent public health guidance on physical distancing; and
(b) whether any risk to the safety and well-being of a child can be adequately assessed through other means and mitigated by taking additional steps, such as more frequent contact with the child and the prospective adoptive parent or parents by telephone or other means or through visits conducted in the community.
(3) In determining whether to deviate from the requirements referred to in subsection (2), the adoption agency shall consult with the person who would otherwise conduct the home visit, if that person is not an employee of the adoption agency.
(4) Where the adoption agency is a society, a child welfare service supervisor referred to in subsection 18 (1) of Ontario Regulation 156/18 (General Matters under the Authority of the Minister) made under the Act, must approve any deviation from the requirements referred to in subsection (2).
(5) If any of the requirements referred to in subsection (2) are deviated from under this section, the adoption agency shall ensure that a home visit is conducted as soon as reasonably possible in the circumstances, taking into account the most recent public health guidance on physical distancing.
(6) The following information shall be documented by the adoption agency in the case of a deviation from the requirements referred to in subsection (2):
1. The particular requirement in question, including when it is required to be met.
2. The last time the requirement was met or any previous occasions on which the requirement was deviated from, if applicable.
3. Any attempts made to meet the requirement, any rationale for deviating from the requirement and any alternative means to be used to assess and mitigate any risk to the safety and well-being of a child.
3. The Regulation is amended by adding the following section:
Application fees during the emergency
114.1 (1) This section applies until the emergency declared by the Lieutenant Governor in Council on March 17, 2020 under section 7.0.1 of the Emergency Management and Civil Protection Act in the whole of the Province of Ontario as a result of the outbreak of the coronavirus (COVID-19) is terminated.
(2) Despite section 114, until the emergency is terminated there is no fee payable for the purposes of clause 254 (1) (d) of the Act by an applicant for a licence or the renewal of a licence to operate a children’s residence or to provide residential care in places that are not children’s residences.
Commencement
4. This Regulation comes into force on the day it is filed.