O. Reg. 77/02: GENERAL

 

ONTARIO regulation 77/02

made under the

child and family services act

Made: March 11, 2002
Filed: March 11, 2002
Printed in The Ontario Gazette: March 30, 2002

Amending Reg. 70 of R.R.O. 1990

(General)

1. (1) The definition of “acceptable exit” in section 1 of Regulation 70 of the Revised Regulations of Ontario, 1990 is amended by,

(a) striking out “Regulation 61 of the Revised Regulations of Ontario, 1990 (Building Code)” in the portion before paragraph 1 and substituting “Ontario Regulation 403/97 under the Building Code Act, 1992”; and

(b) striking out paragraph 4 and substituting the following:

4. A fire escape that meets the specifications of Ontario Regulation 403/97 under the Building Code Act, 1992.

(2) The definition of “fuel-fired appliance” in section 1 of the Regulation is amended by striking out “Regulation 61 of the Revised Regulations of Ontario, 1990 (Building Code)” at the end and substituting “Ontario Regulation 403/97 under the Building Code Act, 1992”.

(3) Section 1 of the Regulation is amended by adding the following definition:

“physical restraint”, in relation to a resident of a residence, means using a holding technique to restrict the resident’s ability to move freely, and “physically restrain” has a corresponding meaning;

(4) Clause (a) of the definition of “social work assistant” in section 1 of the Regulation is amended by striking out “has successfully completed Grade 13 in Ontario” and substituting “has attained an Ontario secondary school diploma”.

(5) Section 1 of the Regulation is amended by adding the following subsection:

(2) For greater certainty, “physical restraint”, as defined in subsection (1), does not include,

(a) restriction of movement, physical redirection or physical prompting, if the restriction of movement, physical redirection or physical prompting is brief, gentle and part of a behaviour teaching program; or

(b) the use of helmets, protective mitts or other equipment to prevent a resident from physically injuring or further physically injuring himself or herself.

2. Subclause 2 (2) (e) (v) of the Regulation is revoked and the following substituted:

(v) the requirements of Ontario Regulation 403/97 under the Building Code Act, 1992.

3. Paragraph 2 of section 63 of the Regulation is amended by striking out “The Municipality of Metropolitan Toronto” and substituting “the City of Toronto”.

4. Clauses 64 (e) and (f) of the Regulation are revoked and the following substituted:

(e) the requirements of Ontario Regulation 403/97 under the Building Code Act, 1992, where applicable; and

(f) the requirements of Ontario Regulation 388/97 under the Fire Protection and Prevention Act, 1997, where applicable.

5. Clauses 102 (1) (a) to (d) of the Regulation are revoked and the following substituted:

(a) a resident dies;

(b) a resident is seriously injured;

(c) a resident is injured by a staff person or by the licensee;

(d) a resident is abused or mistreated;

(d.1) a resident is physically restrained by a staff person or by the licensee;

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

Physical Restraint

109.1 (1) In this section,

“young offender” means a resident of a residence who is in one of the following programs in the residence:

1. A secure or an open temporary detention program established in a place of temporary detention under subsection 89 (2) of the Act.

2. A maximum or medium security custody program established in a place of secure custody under subsection 89 (3) of the Act.

3. An open custody program established in a place of open custody under subsection 89 (4) of the Act.

(2) Every licensee operating a residence shall ensure that physical restraint of residents of the residence is not carried out except in accordance with the following rules:

1. Physical restraint of a resident may be carried out only,

i. for the purpose of preventing the resident from physically injuring or further physically injuring himself or herself or others, or

ii. if the resident is a young offender, for the purpose of preventing the resident from escaping from the residence or causing significant property damage.

2. Physical restraint of a resident may never be carried out for the purpose of punishing the resident.

3. Physical restraint of a resident may be carried out only if there is a clear and imminent risk that,

i. the resident will physically injure or further physically injure himself or herself or others, or

ii. if the resident is a young offender, the resident will escape from the residence or cause significant property damage.

4. Physical restraint of a resident may be carried out only after it is determined that less intrusive interventions are or would be ineffective in,

i. preventing the resident from physically injuring or further physically injuring himself or herself or others, or

ii. if the resident is a young offender, preventing the resident from escaping from the residence or causing significant property damage.

5. Physical restraint of a resident may be carried out,

i. by a member of the residence’s staff, if he or she has obtained the training and education described in section 109.3, or

ii.  by the licensee, if the licensee is an individual who provides direct care to residents of the residence and has obtained the training and education described in section 109.3.

6. A particular holding technique may be used,

i. by a member of the residence’s staff, if he or she has received specific training in that technique in a training program approved by the Minister, or

ii.  by the licensee, if the licensee is an individual who provides direct care to residents of the residence and has received specific training in that technique in a training program approved by the Minister.

7. When physical restraint of a resident is carried out, it must be carried out using the least amount of force that is necessary to restrict the resident’s ability to move freely.

8. During physical restraint of a resident, the resident’s condition must be continually monitored and assessed.

9. Physical restraint of a resident must be stopped upon the earlier of the following:

i. When there is no longer a clear and imminent risk that,

A. the resident will physically injure or further physically injure himself or herself or others, or

B. if the resident is a young offender, the resident will escape from the residence or cause significant property damage.

ii. When there is a risk that the physical restraint itself will endanger the health or safety of the resident.

(3) Every licensee operating a residence shall establish,

(a) a written policy concerning the interventions that must be employed or considered for the purpose of preventing a resident from physically injuring or further physically injuring himself or herself or others, in order to avoid the need to physically restrain the resident;

(b) a written policy concerning the interventions that must be employed or considered for the purpose of preventing a resident who is a young offender from escaping from the residence or causing significant property damage, in order to avoid the need to physically restrain the resident; and

(c) a written policy concerning the protocols that must be followed in monitoring and assessing a resident’s condition during physical restraint.

109.2 Every licensee operating a residence shall ensure that when a resident of the residence is physically restrained, debriefing is conducted in accordance with the following rules:

1. One debriefing process must be conducted among the members of the residence’s staff who were involved in the physical restraint and, if the licensee is an individual who was involved in the physical restraint, the licensee.

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

3. Subject to paragraph 4, the debriefing processes referred to in paragraphs 1 and 2 must be conducted within 48 hours after the physical restraint was carried out.

4. If circumstances do not permit a debriefing process referred to in paragraph 1 or 2 to be conducted within 48 hours after the physical restraint was carried out, the debriefing process must be conducted as soon as possible after the 48-hour period and a record must be kept of the circumstances which prevented the debriefing process from being conducted within the 48-hour period.

109.3 (1) Every licensee operating a residence shall ensure that the following training is successfully completed by all of the residence’s program staff persons and, if the licensee is an individual who provides direct care to residents of the residence, by the licensee:

1. A training program that includes training in the use of physical restraint and that is approved by the Minister.

2. All refresher courses required under the program.

(2) Every licensee operating a residence shall ensure that education respecting the following subject-matter is obtained by all of the residence’s program staff persons and, if the licensee is an individual who provides direct care to residents of the residence, by the licensee:

1. The provisions of this Regulation concerning physical restraint of residents of a residence.

2. The policies established by the Ministry of Community and Social Services concerning physical restraint of residents of a residence.

3. The residence’s policies concerning physical restraint of its residents.

(3) Every licensee operating a residence shall ensure that,

(a) the education of a current program staff person and, if the licensee is an individual who provides direct care to residents of the residence, of the licensee,

(i) in the subject-matter described in paragraph 1 of subsection (2) is completed within 30 days after each new regulatory provision concerning physical restraint of residents of a residence comes into force,

(ii) in the subject-matter described in paragraph 2 of subsection (2) is completed within 30 days after each new ministry policy concerning physical restraint of residents of a residence is received by the licensee, and

(iii) in the subject-matter described in paragraph 3 of subsection (2) is completed within 30 days after each new residence policy concerning physical restraint of its residents is established;

(b) if a new program staff person commences employment in the residence, the person’s education in the subject-matter described in subsection (2) is completed within 30 days after the person commences employment in the residence; and

(c) if a licensee who is an individual has not provided, but subsequently begins to provide, direct care to residents of the residence, the licensee’s education in the subject-matter described in subsection (2) is completed within 30 days after the licensee begins to provide direct care to residents of the residence.

(4) Every licensee operating a residence shall ensure that a performance review is conducted annually for each program staff person and that, during the performance review, the program staff person’s understanding and application of the subject-matter described in subsection (2) is assessed and recorded.

7. This Regulation comes into force on April 1, 2003.

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