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O. Reg. 350/22: GENERAL MATTERS UNDER THE AUTHORITY OF THE MINISTER

filed April 19, 2022 under Child, Youth and Family Services Act, 2017, S.O. 2017, c. 14, Sched. 1

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ontario regulation 350/22

made under the

Child, Youth and Family Services Act, 2017

Made: April 13, 2022
Filed: April 19, 2022
Published on e-Laws: April 20, 2022
Printed in The Ontario Gazette: May 7, 2022

Amending O. Reg. 156/18

(GENERAL MATTERS UNDER THE AUTHORITY OF THE MINISTER)

1. Ontario Regulation 156/18 is amended by adding the following sections:

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.

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.

(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.

(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.

(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.

(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.

(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.

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.

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.

(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.

(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.

(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).

(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.

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.

(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.

(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.

(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.

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.

(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.

(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.

(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.

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.

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.

(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.

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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

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.

(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.

(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.

(4) If the child subsequently wishes to obtain a photo card, the society shall ensure that the child applies applied for the photo card.

(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.

(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.

(7) In this section,

“photo card” means a photo card issued under the Photo Card Act, 2008.

(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.

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.

(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.

2. Section 49 of the Regulation is revoked and the following substituted:

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.

(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).

(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).

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

(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).

(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.

(7) A society shall record results of each assessment and treatment carried out under subsection (6).

(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.

(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.

(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).

(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).

(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.

(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.

(14) The documentation referred to in subsection (13) must be approved by a society child welfare service supervisor.

3. The Regulation is amended by adding the following section:

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.

(2) This section does not apply where a society places a child for adoption.

(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.

(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.

(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.

(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.

(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.

4. (1) Subsection 51 (1) of the Regulation is revoked and the following substituted:

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).

(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.

(2) Section 51 of the Regulation is amended by adding the following subsections:

(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.

(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.

(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.

5. The Regulation is amended by adding the following sections:

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.

(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.

(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.

(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.

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.

(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.

(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.

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.

(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).

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.

(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.

(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.

(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.

(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.

(6) In this section,

“satisfactory instruction” means instruction that constitutes satisfactory instruction for the purposes of clause 21 (2) (a) of the Education Act.

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.

(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.

(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.

(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.

(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.

6. Sections 52.1 to 52.5 of the Regulation are revoked.

7. The Regulation is amended by adding the following sections:

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.

(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.

(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.

(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.

(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.

(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.

(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.

(8) The licensee or person designated by the licensee shall document the actions taken to comply with subsections (6) and (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.

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.

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.

(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.

(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).

(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.

(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.

(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.

(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.

8. (1) Subclause 82 (1) (g) (iv) of the Regulation is amended by striking out “annually” at the end and substituting “once every 13 months”.

(2) Section 82 of the Regulation is amended by adding the following subsections:

(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.

(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.

9. (1) Clause 83 (1) (a) of the Regulation is amended by striking out “an orientation to” and substituting “training on”.

(2) 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”.

(3) 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:

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

(4) Subsection 83 (2) of the Regulation is amended by striking out “orientation” wherever it appears and substituting in each case “training”.

10. Section 86 of the Regulation is revoked and the following substituted:

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.

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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(10) Any report referred to in this section shall be dated to indicate the date on which it was prepared.

(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).

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.

(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).

(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.

(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.

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.

(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.

(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.

(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.

(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.

(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.

(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.

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.

(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.

(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.

(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).

(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.

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.

(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.

(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.

(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.

(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.

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.

(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.

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.

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.

11. (1) Clause 90 (a) of the Regulation is revoked and the following substituted:

(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

(2) Section 90 of the Regulation is amended by adding the following subsections:

(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.

(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.

12. Section 91 of the Regulation is revoked.

13. (1) Clause 93 (1) (d) of the Regulation is amended by adding “respecting the resident” after “assessment”.

(2) Clauses 93 (1) (i) and (j) and subclause 93 (1) (m) (i) of the Regulation are revoked.

(3) Clause 93 (1) (n) of the Regulation is amended by striking out subclause (iv) and substituting the following:

(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;

14. Section 94 of the Regulation is revoked and the following substituted:

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.

(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.

(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.

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.

(2) The licensee shall document the meeting held under subsection (1).

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

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.

(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.

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.  

 

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.

(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).

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.

15. Paragraph 9 of section 97 of the Regulation is revoked and the following substituted:

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.

16. Section 98 of the Regulation is amended by adding the following subsection:

(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.

17. Section 101 of the Regulation is revoked.

18. (1) Subsection 117 (2) of the Regulation is amended by striking out “subsection 98 (4)” and substituting “subsections 98 (3.1) and (4)”.

(2) 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”.

19. (1) Subsection 119 (2) of the Regulation is amended by adding the following clause:

(c.1) the development and review of foster parent learning plans;

(2) Subclause 119 (2) (k) (iii) of the Regulation is revoked and the following substituted:

(iii) an assessment of the health, vision, dental and hearing condition of the children at least once every 13 months;

(3) Section 119 of the Regulation is amended by adding the following subsections:

(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.

(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.

20. (1) Subsection 120 (1) of the Regulation is amended by striking out “an orientation” and substituting “training”.

(2) Subsections 120 (2) and (3) of the Regulation are revoked and the following substituted:

(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.

(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.

(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.

(3) Subsection 120 (4) of the Regulation is amended by striking out “orientation” wherever it appears and substituting in each case “training”.

21. The Regulation is amended by adding the following sections:

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.

(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).

(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.

(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.

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.

(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.

(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.

(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).

22. (1) Subsection 121 (1) of the Regulation is amended by striking out “and” at the end of clause (a) and by adding the following clauses:

(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) 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”.

(3) Section 121 of the Regulation is amended by adding the following subsection:

(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.

23. (1) Subsection 122 (4) of the Regulation is revoked and the following substituted:

(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.

(2) Section 122 of the Regulation is amended by adding the following subsection:

(5) The person assigned under subsection (1) shall comply with subsection 120.2 (2) when reviewing a foster parent learning plan.

24. Subsection 123 (6) of the Regulation is revoked and the following substituted:

(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.

25. Section 124 of the Regulation is amended by adding the following paragraph:

0.1 For each foster parent, a copy of the foster parent’s foster parent learning plan and any revised versions of the plan.

26. Sections 127 to 129 of the Regulation are revoked and the following substituted:

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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(10) Any report referred to in this section shall be dated to indicate the date on which it was prepared.

(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).

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.

(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).

(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.

(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.

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.

(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.

(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.

(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.

(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.

(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.

(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.

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.

(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.

(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.

(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).

(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.

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.

(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.

(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.

(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.

(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.

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.

(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.

(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.

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.

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.

27. The Regulation is amended by adding the following section:

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.

(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.

(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.

28. Subsection 131 (3) of the Regulation is amended by striking out “in every year” and substituting “every 12 months”.

29. The Regulation is amended by adding the following sections:

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.

(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.

(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.

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.

(2) The licensee shall document the meeting held under subsection (1).

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

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.

(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.

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.

 

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.

(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).

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.

30. (1) Clause 132 (d) of the Regulation is amended by,

(a) adding “respecting the child” after “assessment”; and

(b) striking out “including the social history referenced in subsection 127 (7)” at the end.

(2) Clause 132 (h) and subclause 132 (j) (i) of the Regulation are revoked.

(3) 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:

(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;

31. (1) Clause 134 (c) of the Regulation is revoked.

(2)  Clause 134 (d) of the Regulation is amended by striking out the portion before subclause (i) and substituting the following:

(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,

. . . . .

32. Sections 141.1 to 141.8 of the Regulation are revoked.

Commencement

33. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.

(2) Sections 1 to 5 and 7 to 31 come into force on the later of July 1, 2023 and the day this Regulation is filed.

Made by:
Pris par :

La ministre des Services à l'enfance et des Services sociaux et communautaires,

Merrilee Fullerton

Minister of Children, Community and Social Services

Date made: April 13, 2022
Pris le : 13 avril 2022  

 

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