O. Reg. 166/24: GENERAL MATTERS UNDER THE AUTHORITY OF THE MINISTER

filed April 12, 2024 under Child, Youth and Family Services Act, 2017, S.O. 2017, c. 14, Sched. 1

ontario regulation 166/24

made under the

Child, Youth and Family Services Act, 2017

Made: March 26, 2024
Filed: April 12, 2024
Published on e-Laws: April 12, 2024
Published in The Ontario Gazette: April 27, 2024

Amending O. Reg. 156/18

(GENERAL MATTERS UNDER THE AUTHORITY OF THE MINISTER)

1. (1) The French version of section 30 of Ontario Regulation 156/18 is amended by striking out “peut” in the portion before clause (a) and substituting “pourrait”.

(2) Clause 30 (h) of the Regulation is amended by striking out “and” at the end of subclause (i), by adding “and” at the end of subclause (ii) and by adding the following subclause:

(iii) provide notice to the Director in writing and without unreasonable delay if the investigation concerns a child who is receiving residential care and one of the following persons:

(A) a licensee under Part IX of the Act,

(B) a person employed or otherwise engaged by a licensee under Part IX of the Act to provide residential care, including a foster parent, or

(C) a person residing at the children’s residence where the child resides or other place where residential care is provided under the authority of a licence to the child; and

(3) Section 30 of the Regulation is amended by adding the following subsection:

(2) The notice provided under subclause 30 (1) (h) (iii) shall,

(a) specify whether the person from whom the child is or may be in need of protection is a person listed under sub-subclause (A), (B) or (C) and provide their name if that person is listed under sub-subclause (A) or (B);

(b) identify the name of the licensee and the location of the children’s residence or other place where residential care is provided under the authority of a licence; and

2. Subsection 32 (1) of the Regulation is amended by adding the following clause:

(d) in the circumstances described in subclause 30 (h) (iii), provide notice of the determination made under clause (b) and the reasons for it to the Director in writing and without unreasonable delay.

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

Placement by society outside of its territorial jurisdiction

50.2 (1) Subject to subsection (3), a society that proposes to place or has placed a child who is in its care in a residential placement, which includes an unlicensed setting, that is located outside of its territorial jurisdiction (referred to in this section as the “home society”), as well as any society whose territorial jurisdiction in which the child is proposed to be placed or has been placed (referred to in this section as a “local society”), shall comply with the requirements of this section.

(2) A society’s territorial jurisdiction for the purposes of subsection (1) shall be determined by reference to any applicable directive made by the Minister under section 42 of the Act.

(3) The requirements of this section do not apply where a society places a child for adoption.

(4) The home society may, at any time, request information from a local society about services, treatment and supports available in the local society’s territorial jurisdiction, and the local society shall provide the information to the home society as soon as possible but no later than seven days after receiving the request.

(5) Before placing the child, the home society shall,

(a) determine whether it requires any information referred to in subsection (4) to support the child in the placement based on the child’s individual needs or to inform the child’s plan of care; and

(b) document the determination under clause (a) and, if applicable, request from a local society the information that it determines it requires.

(6) A request for information made by the home society to a local society may not include any personal information.

(7) The home society shall assess whether it requires assistance from a local society to ensure that the child receives the same level of supervision and coordination of services, treatment and supports that the child would receive if the child were placed within the home society’s territorial jurisdiction.

(8) When performing the assessment under subsection (7), the home society shall consider,

(a) the services, treatment and support that the child needs, as indicated in the child’s most recent plan of care, as well as safety needs identified in the child’s most recent safety plan, if any;

(b) the child’s identity characteristics and, if the child is a First Nations, Inuk or Métis child, the child’s cultures, heritages, traditions, connection to community and the concept of the extended family;

(c) whether the home society has sufficient knowledge of services, treatment and supports in the local community in which the child will be placed to be able to support the child;

(d) whether the home society can, on its own, provide services to the child as required by the Act and supervise the child; and

(e) the child’s views and wishes respecting the supervision of the placement.

(9) The home society shall complete the assessment before placing the child unless doing so would be impracticable in the circumstances, in which case the home society shall complete the assessment no later than seven days after the child’s placement.

(10) The home society shall document its assessment in the child’s file along with, if applicable, the reasons for which the assessment was completed after the child’s placement.

(11) If the home society’s assessment concludes that the home society requires assistance from a local society and if there is more than one local society,

(a) the home society shall determine which local society would be in the best position to assist, having regard to the child’s identity characteristics and, in the case of a First Nations, Inuk or Métis child, to the child’s cultures, heritages, traditions, connection to community and the concept of the extended family; and

(b) for the purposes of subsections (12) to (23), references to the local society are references to the local society determined under clause (a) to be in the best position to assist the home society.

(12) If the home society’s assessment concludes that it requires assistance from the local society, the home society shall,

(a) provide the local society with a copy of its assessment and the information set out in subsection (13);

(b) request, in writing, that the local society enter into a service agreement with it; and

(c) document, in the child’s file, the information it provides to the local society as well as the fact that it has provided a copy of the assessment and the written request to the local society.

(13) For the purposes of clause (12) (a), the home society shall provide to the local society, at a minimum, the following information:

1. The child’s name and date of birth.

2. If the placement is a residential placement where residential care is provided by a licensee, the licensee’s name, address and contact information.

3. The name, address and contact information of the proposed primary caregiver, if applicable.

4. The address of the proposed residential placement.

(14) The home society shall comply with subsection (12) no later than seven days after completing its assessment under subsection (7) unless doing so would be impracticable in the circumstances, in which case the home society shall,

(a) comply with subsection (12) no later than 14 days after placing the child; and

(b) document the reasons why it could not comply with that subsection within seven days after completing its assessment.

(15) Upon receiving a copy of the assessment, the information and the request from the home society, the local society shall, no later than seven days after having received them,

(a) document having received the assessment, information and request;

(b) review them and document the review; and

(c) provide a response in writing to the home society as to whether it will enter into the service agreement that sets out the reasons for its response.

(16) If the local society is amenable to entering into a service agreement, the home society and the local society shall make best efforts to negotiate and enter into a service agreement.

(17) Neither the home society nor the local society may enter into a service agreement unless it meets the requirements of subsection (23).

(18) Even if the home society and the local society do not enter into a service agreement, both societies shall make reasonable efforts to collaborate in the best interests of the child and to support the child in accessing local services, treatment and supports, as needed, in the territorial jurisdiction of the local society.

(19) When the home society and the local society have not entered into a service agreement, the home society shall reassess, by considering the matters referred to in subsection (8), whether it requires assistance from a local society to ensure that the child receives the same level of supervision and coordination of services, treatment and supports that the child would receive if placed within the home society’s territorial jurisdiction if,

(a) there is a material change in the child’s circumstances that necessitates a review of the child’s plan of care;

(b) new information comes to the attention of the home society about the child’s needs, behaviours or diagnoses; or

(20) The requirements of this section that apply with respect to an assessment under subsection (7) apply with necessary modifications with respect to a reassessment under subsection (19).

(21) The home society shall document in the child’s file any request for a reassessment made by the local society or by any licensee providing residential care to the child.

(22) Where the home society and the local society do enter into a service agreement,

(a) the home society and the local society shall each keep a copy of the service agreement in their respective files for the child;

(b) the home society shall provide a description of the respective roles and responsibilities of the home society and the local society under the service agreement to,

(i) the licensee, if the child has been placed in a residential placement where residential care is provided by a licensee, and

(ii) each of the representatives chosen by each of the child’s bands and First Nations, Inuit or Métis communities, if the child is a First Nations, Inuk or Métis child; and

(c) the home society and the local society shall review the service agreement annually, with no more than 12 months elapsing between each annual review, as well as when requested by,

(i) either the home society or the local society,

(ii) the child or one of the child’s caregivers,

(iii) if the child has been placed in a residential placement where residential care is provided by a licensee, the licensee, or

(iv) if the child is a First Nations, Inuk or Métis child, any of the representatives chosen by each of the child’s bands and First Nations, Inuit or Métis communities.

(23) A service agreement referred to in this section must be in writing and include the following:

1. The child’s name and date of birth.

2. The basis on which the child is in the home society’s care.

3. The address of the residential placement in which the child is placed.

4. If the placement is a residential placement where residential care is provided by a licensee, the licensee’s name, address and contact information.

5. The contact information for any caregivers.

6. In the case of a First Nations, Inuk or Métis child, the contact information of each representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.

7. The child’s views and wishes with respect to the supervision of the placement, to the extent they can be ascertained.

8. The roles and responsibilities of the home society and of the local society with respect to the child.

9. The child’s social history, plan of care, if any, and the child’s safety plan, if any, set out as schedules to the agreement.

10. Requirements and procedures for sharing information that are necessary to permit the societies to fulfil their respective roles and responsibilities under the agreement and engage in any necessary coordination and to permit the societies to provide services to the child.

11. Financial arrangements and obligations.

12. Dispute resolution provisions.

4. (1) Subsection 51 (1) of the Regulation is amended by adding “in its care” after “each child” in the portion before clause (a).

(2) Clause 51 (1) (c) of the Regulation is revoked and the following substituted:

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

(1.0.1) The visits required by clause (1) (c) need only occur once every 90 days after a Director has provided written consent to the child’s adoption referred to in clause 180 (2) (b) of the Act.

(1.0.2) A visit required under clause (1) (c) may be postponed by up to seven days from the day on which it would otherwise be required to be conducted if there are exceptional circumstances that prevent a child protection worker or a person designated by the society from visiting the child by that day, provided that the society,

(a) documents the nature of the exceptional circumstances;

(b) prepares a written plan to conduct the visit within the seven-day period;

(c) ensures that a society child welfare service supervisor confirms the fact that there are exceptional circumstances and approves the written plan; and

(d) subsequently implements the written plan.

(4) Subsection 51 (3) of the Regulation is amended by striking out “visiting a home or other setting” in the portion before clause (a) and substituting “conducting a visit”, by adding “and” after clause (a), by striking out “and” after clause (b) and by revoking clause (c).

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

(3.1) A child protection worker or a person designated by the society shall participate in private meetings with the child’s caregivers to support the society’s assessment of whether the child’s needs are being met and whether 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.

(3.2) Where the child is in a residential placement where residential care is provided by a licensee, a caregiver for the purposes of subsection (3.1) includes the licensee or a person designated by the licensee to provide residential care to the child.

(3.3) At least one of the meetings referred to in subsection (3.1) must be conducted within 90 days after the child’s placement and subsequent meetings must be conducted at least once at intervals of no more than 90 days.

(3.4) The meetings referred to in subsection (3.1) may be conducted over the telephone or by means of video conferencing.

. . . . .

(6) In subsections (7) to (10),

(a) a reference to an in-person visit is a reference to a visit conducted in-person with the child at the foster or other home or setting where the child has been placed;

(b) a reference to a community visit is a reference to a visit conducted with the child in a community setting; and

(c) a reference to a virtual visit is a reference to a discussion with the child over the telephone or a meeting with the child conducted by means of video conferencing.

(7) If the child is in extended society care and has been placed for adoption, all visits with the child required under this section must be in-person visits if a Director has provided the written consent to the child’s adoption referred to in clause 180 (2) (b) of the Act.

(8) The society shall, within 180 days after the child’s placement and during each subsequent 90-day period, determine whether the child prefers in-person visits, community visits or virtual visits, or some combination of those types of visits, and document those preferences, if any.

(9) If the child expresses preferences under subsection (8), the society shall respect the child’s most recently expressed preferences in determining how to conduct the visits required under this section, subject to the rules set out in subsection (10).

(10) Visits with the child that are required under this section must be conducted in accordance with the following rules:

1. Only in-person visits are permitted during the first 90 days after the child’s placement. Following that period, at least one visit in each subsequent 90-day period must be an in-person visit.

2. Community visits are not permitted until 90 days after placement and, after 180 days of placement, are only permitted if they are not inconsistent with the child’s preferences, if any.

3. Virtual visits are not permitted until 180 days after the child’s placement. In addition, a virtual visit is only permitted if,

i. the visit being a virtual visit is not inconsistent with the child’s preferences, if any,

ii. at least 90 days have elapsed since the last virtual visit,

iii. the visit being conducted as a virtual visit would not impede the child protection worker or person designated by the society from fulfilling the requirements of clauses (3) (a) and (b),

iv. the child has proper access to the means by which the virtual visit is conducted,

v. the child has the capacity to understand how to adequately use the means by which the virtual visit will be conducted, and

vi. the fact that the visit will be a virtual visit has been approved by a society child welfare service supervisor.

(11) If a visit is postponed as permitted under subsection (1.0.2), the rules set out in subsection (10) apply to the visit as if it were conducted on the day on which it would have been conducted had it not been postponed.

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

Visits by child protection worker, etc. without notice

51.0.1 (1) Where a society has placed a child in a foster or other home or in any other setting, the society shall ensure that an in-person visit is conducted at the home or other setting by a child protection worker or a person designated by the society, without notice, as soon as possible after either of the following occurs:

1. A child protection worker or a person designated by the society has been unable to schedule a visit with the child because they have been unable to contact the child or the child’s caregivers.

2. A child protection worker or a person designated by the society and a society child welfare services supervisor have jointly determined that there are concerns related to the well-being of the child.

(2) If the child is in a residential placement where residential care is provided by a licensee, a caregiver for the purposes of paragraph 1 of subsection (1) includes the licensee or a person designated by the licensee to provide residential care to the child.

(3) Within 24 hours after any visit is conducted under subsection (1), the society shall document the details of the visit in the child’s file, including the specific circumstances that led to the visit and the outcomes of the visit.

6. Paragraphs 3 and 4 of subsection 80 (3) of the Regulation are revoked.

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

Prohibited methods of discipline

80.4 (1) No licensee and no person employed or otherwise engaged by the licensee, including foster parents, shall, as a method of discipline or as an intervention intended to reduce or eliminate a certain behaviour, do any of the following in relation to a child or young person receiving residential care under the authority of a licence:

1. Deprive or threaten to deprive the child or young person of their basic needs, including food, drink, shelter, sleep, access to and use of a toilet, clothing, footwear or bedding, unless it is necessary to prevent immediate harm to the child or young person.

2. Remove or threaten to remove access to the personal property, including clothing, footwear or bedding, of the child or young person, unless it is necessary to prevent immediate harm to the child or young person.

3. Use, threaten to use or permit the use of,

i. harsh or degrading measures to humiliate, shame or frighten the child or young person or undermine their self-respect, dignity or self-worth, or

ii. derogatory or racist language directed at or used in the presence of the child or young person.

4. Remove or threaten to remove access to services, supports or objects relating to the creed, community identity or cultural identity of the child or young person, unless removing access to objects is necessary to ensure their immediate safety.

5. Inflict, threaten to inflict or permit the infliction of emotional, physical or sexual abuse or harm on the child or young person.

6. Make modifications, unless they are necessary to prevent immediate harm to the child or young person, to,

i. a door that is used for the bedroom of the child or young person in a children’s residence, or

ii. a physical or visual barrier, including a door, that is used for the bedroom of the child or young person a foster home.

7. Withhold or threaten to withhold visits from family members or extended family members of the child or young person;

8. Hinder, obstruct or interfere with the attendance of the child or young person at their place of employment; and

9. Threaten to discharge the child or young person from the children’s residence or place where residential care is provided under the authority of a licence.

(2) The licensee shall ensure that all persons providing residential care and all children or young persons receiving residential care under the authority of a licence are informed of the type of behaviour that may result in the administration of a method of discipline or intervention.

(3) The licensee shall ensure that,

(a) the licensee or a person designated by the licensee is informed of any method of discipline or other intervention administered on a child or young person receiving residential care under the authority of a licence;

(b) the method of discipline or intervention is recorded in the case record or file of the child or young person by the person who administered it; and

(c) the plan of care for the child or young person includes details of the immediate harm the licensee sought to prevent in cases where basic needs were deprived under paragraph 1 of subsection 80.4 (1), personal property was removed under paragraph 2 of subsection 80.4 (1), access to objects was removed under paragraph 4 of subsection 80.4 (1) or a modification was made under paragraph 6 of subsection 80.4 (1).

(4) For greater certainty, the methods of discipline or intervention referred to in clause (3) (b) do not include the use of physical restraint, mechanical restraint or secure de-escalation.

Reporting requirement

80.5 (1) If any of the following persons have reasonable grounds to suspect that a method of discipline or an intervention prohibited under section 80.4 has been administered to a child or young person in a children’s residence or place where residential care is provided under the authority of a licence, the person shall immediately report the suspicion and the information on which it is based to a Director:

1. A licensee.

2. Where the licensee is a corporation, an officer or director of the corporation.

3. Any person employed or otherwise engaged by the licensee to provide residential care to a child in care, including foster parents.

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

(a) a person with whom a child has been placed for adoption under Part VIII (Adoption and Licensing); and

(b) volunteers providing services in a children’s residence or place where residential care is provided under the authority of a licence.

(3) If a report is made to a Director under subsection (1), the Director shall have an inspector conduct an inspection or make inquiries to determine compliance with section 80.4.

(4) A person who has a duty to report under section 125 of the Act and this section shall discharge their duty under section 125 of the Act prior to making a report under this section.

(5) Nothing in this section abrogates any privilege that may exist between a lawyer and their client.

Compliance with program re application under subs. 254 (1) of the Act

80.6 A licensee who operates a children’s residence or place where residential care is provided under the authority of a licence shall ensure that persons providing residential care to a child or young person on behalf of the licensee, including foster parents, comply with and support the delivery of the program described in the application form submitted to a Director under subsection 254 (1) of the Act.

8. Clause 82 (1) (f) of the Regulation is amended by adding “, including the methods of discipline or intervention prohibited under section 80.4” at the end.

9. Section 88 of the Regulation is amended by adding the following subsections:

(2.1) If the licensee is not the placing agency, the licensee shall include the following information about the financial arrangements mentioned in paragraph 2 of subsection (2):

1. The per diem amount that will be charged by the licensee for the provision of residential care to the child and a description of how that amount will be used to provide services to the child.

2. Details of costs for additional individualized staffing supports, including additional one-to-one or two-to-one staffing supports, and for additional services to be provided to the child that are not included in the per diem amount described in paragraph 1.

3. Details of any other funding to be provided to the licensee by the placing agency or person placing the child for the provision of residential care to the child.

. . . . .

(8) A licensee shall provide a Director with a copy of the agreement upon request, including any revised version of the agreement.

10. Clause 90 (1) (a) of the Regulation is amended by removing “and” at the end of subclause (iii) and by adding the following subclause:

(v.1) the methods of discipline that may and may not be used in the residence, including the methods of discipline and intervention prohibited under section 80.4, and

11. Subsection 93 (1) of the Regulation is amended by adding the following clauses:

(n.1) details of any funding provided to or collected by the licensee from a person or entity, including a society, that provides a service funded under the Act for the provision of residential care to the resident and a description of how that funding has been used or will be used to provide services to the resident;

(n.2) details of any individualized staffing supports provided to the resident by the licensee, including any additional one-to-one or two-to-one staffing supports, including the following information:

(i) the names of the persons who provided the staffing supports and a description of their duties, and

(ii) the dates on which the persons provided the staffing supports to the resident and the hours worked.

12. (1) Paragraph 3 of section 97 of the Regulation is amended by adding “shall have doors that provide residents with reasonable privacy and” after “Each bedroom”.

(2) Section 97 of the Regulation is amended by adding the following paragraph:

3.1 Each bedroom door shall be kept clear of any obstruction or anything that is likely to interfere with its operation.

13. Section 108 of the Regulation is amended by adding the following subsection:

(2) If a recommendation a licensee is required to carry out under subsection (1) conflicts with a requirement applicable to the licensee under this Regulation, the recommendation prevails.

14. Section 109 of the Regulation is revoked.

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

(a.1) the program delivered by the foster care licensee;

(2) Clause 119 (2) (e) of the Regulation is amended by adding “, including the methods of discipline and intervention prohibited under section 80.4” at the end.

(3) The French version of subsection 119 (3) of the Regulation is revoked and the following substituted:

(3) Il est entendu que la mention de méthodes de discipline et la mention d’interventions à l’alinéa (2) e) ne comprennent pas l’utilisation de la contention physique, de la contention mécanique ou de la désescalade sous clé.

16. Subsection 121 (8) of the Regulation is amended by adding the following paragraphs:

3. Any room to be used as sleeping accommodation must have a physical or visual barrier that provides the foster child with reasonable privacy.

4. The physical or visual barrier shall be kept clear of any obstruction or anything that is likely to interfere with the operation of the barrier.

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

Agreement re residential care by foster care licensee

129.6 (1) A foster care licensee shall, for each child to be placed in a foster home used by the foster care licensee,

(a) enter into a written agreement with a placing agency or a person placing the child respecting the financial arrangements for the provision of residential care; and

(b) enter into the agreement before the child is placed with the foster care licensee or as soon as possible after that.

(2) Subsection (1) does not apply if the placing agency is the licensee.

(3) The agreement shall include the following information about the financial arrangements mentioned in subsection (1):

1. The per diem amount that will be charged by the licensee for the provision of residential care to the child and a description of how that amount will be used to provide services to the child.

2. Details of costs for additional individualized staffing supports, including any additional one-to-one or two-to-one staffing supports, and for additional services to be provided to the child that are not included in the per diem amount described in paragraph 1.

3. Details of any other funding to be provided to the licensee by the placing agency or person placing the child for the provision of residential care to the child.

(4) The foster care licensee shall provide a Director with a copy of the agreement upon request and shall keep the agreement in the foster child’s file, including a copy of any revised agreement.

(5) For the purposes of this section, “a placing agency or a person placing the child” means a person or entity that provides a service funded under the Act and that has placed a child in foster care, and includes a society.

18. Subsection 130.1 (1) of the Regulation is amended by striking out “and” at the end of clause (f) and by adding the following clause:

(f.1) methods of discipline that may and may not be used in the foster home, including the methods of discipline and intervention prohibited under section 80.4; and

19. Section 132 of the Regulation is amended by adding the following clauses:

(k.1) details of any funding provided to or collected by the licensee from a person or entity, including a society, that provides a service funded under the Act for the provision of residential care to the child and a description of how that funding has been used or will be used to provide services to the child;

(k.2) details of any individualized staffing supports provided to the child by the licensee, including any additional one-to-one or two-to-one staffing supports, including the following information:

(i) the names of the persons who provided the staffing supports and a description of their duties; and

(ii) the dates on which the persons provided the staffing supports to the child and the hours worked.

20. Section 138 of the Regulation is amended by adding the following subsection:

(2) When requesting financial reports, a Director may also require the licensee to prepare a report in a manner specified by the Director, that shall include,

(a) documentation of each payment received for the provision of residential care from a person or entity, including a society, that provides a service funded under the Act and that has placed a child in residential care; and

(b) documentation of each disbursement from the payments described in clause (a).

Commencement

21. This Regulation comes into force on the later of January 1, 2025 and the day this Regulation is filed.

Made by:
Pris par :

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

Michael Parsa

Minister of Children, Community and Social Services

Date made: March 26, 2024
Pris le : 26 mars 2024

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O. Reg. 166/24: GENERAL MATTERS UNDER THE AUTHORITY OF THE MINISTER

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