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ontario regulation 493/06

made under the

Child and Family Services Act

Made: October 18, 2006
Filed: October 20, 2006
Published on e-Laws: October 23, 2006
Printed in The Ontario Gazette: November 4, 2006

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

(General)

1. Subsection 1 (1) of Regulation 70 of the Revised Regulations of Ontario, 1990 is amended by adding the following definition:

“registered nurse in the extended class” means a member of the College of Nurses of Ontario who holds an extended certificate of registration as a registered nurse;

2. Part III of the Regulation is amended by adding the following sections immediately before the heading “Crown Wards”:

Place of Safety Prior to Placement

33.1 A society is exempted from the licensing requirements under Part IX of the Act in respect of a person’s home for up to 60 days after a child has been placed in the person’s home, if the society is satisfied that the person is willing and able to provide a place of safety for purposes of subsection 37 (5) of the Act. 

33.2 (1) In conducting an assessment of a person’s home as a place of safety pursuant to clause 37 (5) (b) of the Act, the following procedures shall be followed:

1. A child protection worker or a family service worker employed by an Indian or native child and family service authority shall obtain information,

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

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

2. A child protection worker or a family service worker employed by an Indian or native child and family service authority shall meet with the proposed primary caregiver and conduct an interview of the caregiver.

3. A child protection worker or a family service worker employed by an Indian or native child and family service authority shall meet in private with the child who will be placed and conduct an interview appropriate to the child’s age and developmental capacity.

4. A child protection worker or a family service worker employed by an Indian or native child and family service authority or a person designated by the society shall conduct an assessment of the home environment, including an assessment of the physical aspects of the home.

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

6. A child protection worker or a family service worker employed by an Indian or native child and family service authority shall obtain the consent of the proposed primary caregiver to a criminal record check.

7. A child protection worker or a family service worker employed by an Indian or native child and family service authority shall obtain the consent of the proposed primary caregiver to the disclosure of information related to themself by any society in Ontario or any child protection authority outside of Ontario.

(2) If an assessment under subsection (1) is being conducted by a designated Indian or native child and family service authority that is not a society, the authority shall advise the society that may be placing the child of the name of any person who is 18 years of age or older and resides in the home in which the child will be placed.

(3) A society that is advised under subsection (2) of the name of a person who is 18 years of age or older and resides in the home where it is proposed that a child will be placed,

(a) shall conduct a review of the society’s records and files for information relating to the person; and

(b) shall forthwith respond to the Indian or native child and family service authority indicating,

(i) whether or not information relating to the person exists in the society’s files or records, and

(ii) whether the society has reasonable grounds to suspect that a child may be at risk if placed in the home.

(4) A society that receives a request from an Indian or native child and family service authority for information about a person who is 18 years of age or older and resides in the home in which a child may be placed and a consent from that person to the disclosure of information shall forthwith respond to the authority indicating the nature of the information in the society’s files or records.

(5) As soon as practicable but not later than 30 days after conducting an assessment under this section, a child protection worker or, where applicable, a family services worker employed by an Indian or native child and family service authority shall document the assessment of the person’s home.

33.3 A child shall not be placed in a person’s home as a place of safety unless the home has been assessed in accordance with section 33.2 within 30 days before the placement.

3. Section 34 of the Regulation is revoked.

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

36.0.1 (1) An application for a review under subsection 61 (7.1) of the Act shall be made in a form approved by the Minister.

(2) For the purposes of subsection 61 (8.2) of the Act the following additional practices and procedures are prescribed:

1. Within seven days of receipt of an application for a review under subsection 61 (7.1) of the Act, the Board shall give the applicant written notice of whether the applicant is eligible for a review under section 61.

2. If the Board determines that the applicant is eligible for a review, the notice referred to in paragraph 1 shall set out the date and time of the hearing and shall be sent to all parties.

3. The application for review shall be heard by the Board within 20 days of the day the applicant received notice of eligibility under paragraph 1.

4. A decision and reasons under subsection 61 (8.6) of the Act shall be sent to all parties no later than 10 days after the end of a hearing.

(3) Notice under subsection (2) may be given by regular mail or by fax.

(4) If notice is sent by regular mail, it shall be sent to the most recent address known to the society and is deemed to be received by the applicant on the fifth day after it is mailed.

(5) If notice is sent by fax, it is deemed to be received on the day after it is sent, unless that day is a holiday, in which case the copy is deemed to be received on the next day that is not a holiday.

(6) For the purposes of a hearing under section 61 of the Act, the members of the Board shall meet the following qualifications and experience set out in paragraph 1 or shall have the following experience set out in paragraph 2:

1. A degree, diploma or certificate granted by a university or other post-secondary institution authorized to grant such credentials in Ontario or equivalent qualifications, as determined by the chair of the Board, and at least one year’s experience working in or volunteering in children’s services or social services.

2. At least five years’ experience working in or volunteering in children’s services or social services.

5. Part VII of the Regulation is amended by adding the following section before the heading “Placement of Children”:

Interpretation

49.1 (1) For the purposes of Part VII of the Act, a person who satisfies one of the following criteria is a birth parent:

1. The biological mother or father.

2. An individual described in one of paragraphs 1 to 6 of subsection 8 (1) of the Children’s Law Reform Act, unless it is proved on the balance of probabilities that he is not the child’s natural father.

3. An individual who, during the twelve months before the child is placed for adoption under Part VII of the Act, has demonstrated a settled intention to treat the child as a child of his or her family or has acknowledged parentage of the child and provided for the child’s support.

4. An individual who, under a written agreement or a court order, is required to provide for the child or has a right of access to the child.

5. An individual who has acknowledged parentage of the child in writing under section 12 of the Children’s Law Reform Act.

(2) For the purposes of openness orders under Part VII of the Act and openness agreements under section 153.6 of the Act,

“openness” includes written, verbal or face to face contact or communication, where the communication may be direct or indirect and may permit the disclosure of identifying or non-identifying information and the frequency of contact or communication may vary from episodic to ongoing.

(3) For the purposes of the definition of openness,

“non-identifying information” means information whose disclosure, alone or in combination with other information, does not reveal the identity of the person to whom it relates.

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

Decision to Refuse to Place Child or to Remove Child after Placement

56.1 (1) An application for a review under subsection 144 (3) of the Act shall be made in a form approved by the Minister.

(2) For the purposes of subsection 144 (7) of the Act, the following additional practices and procedures are prescribed:

1. Within seven days of receipt of an application for a review under subsection 144 (3) of the Act, the Board shall give the applicant written notice of whether the applicant is eligible for a review under section 144.

2. If the Board determines that the applicant is eligible for a review, the notice referred to in paragraph 1 shall set out the date and time of the hearing and shall be sent to all parties.

3. The application for review shall be heard by the Board within 20 days of the day the applicant received notice of eligibility under paragraph 1.

4. A decision and reasons under subsection 144 (11) of the Act shall be sent to the parties no later than 10 days after the end of a hearing.

(3) Notice under subsection (2) may be given by regular mail or by fax.

(4) If notice is sent by regular mail, it shall be sent to the most recent address known to the society or licensee and is deemed to be received by the applicant on the fifth day after it is mailed.

(5) If notice is sent by fax, it is deemed to be received on the day after it is sent, unless that day is a holiday, in which case the copy is deemed to be received on the next day that is not a holiday.

(6) For the purposes of a hearing under section 144 of the Act, the members of the Board shall meet the following qualifications and experience set out in paragraph 1 or shall have the following experience set out in paragraph 2:

1. A degree, diploma or certificate granted by a university or other post-secondary institution authorized to grant such credentials in Ontario or equivalent qualifications, as determined by the chair of the Board, and at least one year’s experience working in or volunteering in children’s services or social services.

2. At least five years’ experience working in or volunteering in children’s services or social services.

56.2 (1) In conducting a review under subsection 145 (3) of the Act, a Director may make such inquiries as the Director considers appropriate and may require the society or licensee that gave notice under subsection 145 (1) or (2) of the Act to provide such information or documentation as the Director may specify within a specified time period.

(2) The society or licensee that receives a request for information or documentation under subsection (1) shall comply with the request within the specified time period.

(3) Upon completing his or her review, a Director may,

(a) make recommendations to the society or licensee that gave notice under subsection 145 (1) or (2) of the Act respecting the plan for placement of the child named in the notice; and

(b) direct the society or licensee to report back to the Director in such form or within such time period as the Director may specify and to include in the report such information as the Director may specify.

7. Section 81 of the Regulation is amended by adding the following subsection:

(9.1) Clause (7) (d) does not apply where in the opinion of a registered nurse in the extended class the child is unable to sign the agreement because of a physical handicap.

8. Subsection 84 (1) of the Regulation is amended by striking out “by a physician” and substituting “by a physician or registered nurse in the extended class”.

9. Clauses 86 (2) (b) and (c) of the Regulation are revoked and the following substituted:

(b) identification of desired outcomes, based on each resident’s specific strengths and needs;

(c) a plan to secure, within specified timeframes, specialized consultation, specialized treatment and supports, or any one or combination of them, identified to promote the desired outcomes for the resident;

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

86.1 Where a plan of care developed under section 86 includes a recommendation to obtain specialized consultation, specialized treatment and supports, or any one or combination of them, identified to promote the desired outcomes for the resident and any one of them has not been obtained within the specified timeframe, the reasons shall be noted by the licensee in the resident’s written case record.

11. Clause 88 (b) of the Regulation is revoked and the following substituted:

(b) where special foods are recommended by a resident’s physician or registered nurse in the extended class, they are provided to the resident.

12. (1) Clause 91 (1) (b) of the Regulation is revoked and the following substituted:

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

(b.1) arrangements for a dentist to advise the licensee on an ongoing basis about dental care required by the residents;

(2) Subsection 91 (2) of the Regulation is amended by striking out “the services of a physician” and substituting “the services of a physician or a registered nurse in the extended class”.

13. (1) Clause 92 (1) (a) of the Regulation is amended by striking out “by a physician” and substituting “by a physician or registered nurse in the extended class”.

(2) Subsection 92 (2) of the Regulation is amended by striking out “the prescribing physician” and substituting “the prescribing physician or registered nurse in the extended class”.

(3) Subsection 92 (5) of the Regulation is revoked and the following substituted:

(5) Where, in the opinion of the physician or the registered nurse in the extended class, a resident is capable of administering the resident’s own medication, the physician or registered nurse in the extended class shall provide a copy of  the written self-medication plan for that resident to be kept in the resident’s record.

14. Section 93 of the Regulation is amended by striking out “by a physician” and substituting “by a physician or registered nurse in the extended class”.

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

94. Every licensee shall ensure that each residence operated by the licensee is equipped with a first aid kit and a first aid manual, both of which shall be kept in a location that is known and accessible to staff of the residence.

16. (1) Subsection 99 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(1) Every licensee shall maintain a written case record for each resident in a residence operated by the licensee that is regularly updated as information changes or becomes available and that includes,

. . . . .

(2) Subsection 99 (1) of the Regulation is amended by striking out “and” at the end of clause (l) and by revoking clause (m) and substituting the following:

(m) information on the resident’s personality and behaviour;

(n) information on the resident’s experience or involvement with court;

(o) information of the resident’s experiences of separation from individuals who are or have been significant in the resident’s life;

(p) information on the resident’s aptitudes and abilities; and

(q) such other information or documents with respect to the resident in addition to those referred to in clauses (a) to (p) as are considered appropriate by the licensee. 

(3) Section 99 of the Regulation is amended by adding the following subsection:

(1.1) The licensee shall use the written case record referred to in subsection (1) as a resource to develop a plan of care for each resident under section 86.

17. (1) Subsection 111 (2) of the Regulation is amended by striking out “twenty-one days” and substituting “thirty days”.

(2) Subsection 111 (4) of the Regulation is revoked and the following substituted:

(4) The licensee, within 30 days after placement of a child in a foster home, shall,

(a) review the assessment prepared under subsection (2); and

(b) participate in the development and finalization of a foster plan of care with,

(i) the placing agency, where the placing agency is not the licensee,

(ii) the foster parents,

(iii) the child, where the child is 12 years of age or over, and

(iv) the child’s parents, where appropriate.

(3) Subsection 111 (5) of the Regulation is revoked and the following substituted:

(5) The licensee shall ensure that the foster plan of care,

(a) takes into account all available information on the child as set out in any existing reports related to specialized consultation, specialized treatment and supports;

(b) identifies desired outcomes based on each child’s specific strengths and needs; and

(c) includes a plan to secure, within specified timeframes, the specialized consultation, specialized treatment and supports, or any one or combination of them, identified to promote the desired outcomes for the child.

(6) For the purposes of clause (5) (a), where the placing agency is not the licensee, the placing agency and the licensee shall ensure that any reports respecting the child are shared between them upon receipt or as soon as practicable. 

(4) Section 111 of the Regulation is amended by adding the following subsections:

(7) Every placing agency shall initiate a social history of each child that it places in foster care within 60 days after the child is placed and shall update it annually thereafter.

(8) The social history of a child shall include,

(a) identifying information;

(b) admission information;

(c) family history;

(d) birth history;

(e) developmental history;

(f) health history;

(g) academic history;

(h) history of court involvement;

(i) experiences of separation;

(j) personality and behaviour; and

(k) aptitudes and abilities.

(9) If the placing agency is not the licensee, the placing agency shall share the social history that it has prepared with the licensee.

(10) A licensee shall use the social history of a child as a resource in adapting the foster plan of care for the child.

18. (1) Subsection 115 (1) of the Regulation is amended by striking out “foster care plan” and substituting “foster plan of care”.

(2) Subsection 115 (2) of the Regulation is revoked and the following substituted:

(2) The review referred to in subsection (1) shall be carried out with the involvement of the licensee, the placing agency where the placing agency is not the licensee, the child where the child is 12 years of age or over, the foster parents and, where appropriate, the child’s parents,

(a) three months after placement, six months after placement and at least every six months thereafter; or

(b) earlier than the timeframes referenced in clause (a) if,

(i) there is a material change in circumstances which necessitates a review of the plan; or

(ii) there is a change in the child’s placement.

(3) Subsection 115 (3) of the Regulation is revoked and the following substituted:

(3) The date of each review and any changes made in the foster plan of care shall be documented by the licensee in the child’s file.

(4) Section 115 of the Regulation is amended by adding the following subsections:

(6) For the purposes of subsection (1), where the placing agency is not the licensee the placing agency and the licensee shall ensure that any reports respecting the child are shared between them upon receipt or as soon as practicable.

(7) If a foster plan of care includes a recommendation to obtain specialized consultation, specialized treatment and supports for the child, or any one or combination of them, and any one of them has not been obtained within the specified timeframe, the reasons shall be noted in the child’s file by the licensee.

19. (1) Clause 118 (1) (d) the Regulation is revoked and the following substituted:

(d) receives from a single applicant the names of at least three persons in the community to provide references and receives from joint applicants the names of at least five persons in the community to provide references; 

(2) Clause 118 (1) (f) of the Regulation is revoked and the following substituted:

(f) obtains a written statement from a physician, an individual approved by the local medical officer of health or a registered nurse in the extended class regarding the general health and specific illnesses or disabilities of the foster parent applicant and family members and whether or not they might interfere with the provision of foster care; and

(3) Subsection 118 (2) of the Regulation is revoked and the following substituted:

(2) A person who visits the applicant’s home to determine whether or not it is suitable as a foster home shall,

(a) conduct an assessment of,

(i) the common living areas of the applicant’s home,

(ii) the proposed sleeping area for a foster child,

(iii) the grounds surrounding the home, and

(iv) the play space used by the children in the home; and

(b) take note of the recreational areas within walking distance of the foster home.

20. Subsections 121 (2) and (3) of the Regulation are revoked and the following substituted:

(2) Where the licensee is not the placing agency, the staff person referred to in subsection (1) shall visit the foster family home where the child is placed and consult with at least one foster parent within seven days after the placement and within 30 days after the placement.

(3) Where the licensee is the placing agency, the staff person referred to in subsection (1) shall consult with at least one foster parent within seven days after the placement and visit the foster family home within 30 days after the placement.

(4) Where a licensee approves a foster family and there is one or more children placed in the home, the staff person referred to in subsection (1) shall provide routine supportive foster home visits at least every three months.

(5) Where a licensee approves a foster family but no child is placed with the family, the staff person referred to in subsection (1) shall maintain contact with the foster family at least every three months.

(6) Every licensee shall have policies and procedures setting out expectations and timeframes for the licensee’s responses to foster parent inquiries and in no case shall the response time exceed three business days.

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

PArt X
Indian and Native Child and Family Services

Prescribed Powers and Procedures

123. The following are prescribed powers for the purposes of section 213.1 of the Act:

1. The completion by a society of a full child protection investigation, if after the investigation there is a determination that a child is in need of protection under Ontario Regulation 206/00 (Procedures, Practices and Standards of Service for Child Protection Cases) made under the Act and the society makes a determination that the case requires a plan for ongoing protection services.

2. The apprehension of a child by a child protection worker under section 40, 41 or 43 of the Act.

3. The placement of a child, by a society, in a children’s residence as defined in section 192 of the Act or in a foster home as defined under subsection 3 (1) of the Act.

124. (1) When exercising a power prescribed by section 123 the society shall,

(a) provide notice to a representative chosen by the child’s band or native community by the end of the next day after exercising the prescribed power to request that a case consultation occur as soon as practicable, but no later than five days after receipt of the notice, if the child is a member of a band or native community that is within the territorial jurisdiction of the society; or

(b) provide written notice to a representative chosen by the child’s band or native community within five days after exercising the prescribed power to request that a case consultation occur as soon as practicable, but no later than 30 days after receipt of the notice, if the child is a member of a band or native community that is not within the territorial jurisdiction of the society.

(2) Notice under clause (1) (a) may be verbal but, if there are existing arrangements between the society and the band or native community, the notice shall be given in a manner that is consistent with those arrangements.

(3) If notice under clause (1) (a) is verbal, the society shall record the date and time of the notice and the name of the person to whom notice was given.

(4) Notice under clause (1) (b) may be given by regular mail or by fax.

(5) If notice is sent by regular mail, it shall be sent to the most recent address of the representative of the band or native community known to the society and is deemed to be received on the fifth day after it is mailed.

(6) If the notice is sent by fax, it is deemed to be received on the day after it is sent, unless that day is a holiday, in which case the copy is deemed to be received on the next day that is not a holiday.

(7) If a representative of the band or native community that acts in good faith does not, through absence, accident, illness or other cause beyond the representative’s control, receive the notice until a later date than the deemed date of receipt, subsection (5) or (6), as the case may be, does not apply.

22. This Regulation comes into force on the later of the day section 19 of the Child and Family Services Statute Law Amendment Act, 2006 comes into force and the day this Regulation is filed.