O. Reg. 523/06: PROCEDURES, PRACTICES AND STANDARDS OF SERVICE FOR CHILD PROTECTION CASES

 

ontario regulation 523/06

made under the

Child and Family Services Act

Made: November 23, 2006
 Filed: November 24, 2006
Published on e-Laws: November 24, 2006
Printed in The Ontario Gazette: December 9, 2006

Amending O. Reg. 206/00

(Procedures, Practices and Standards of Service for Child Protection Cases)

1. (1) Subsection 7 (2) of Ontario Regulation 206/00 is revoked and the following substituted:

(2) In an evaluation under subsection (1), the society shall use its best efforts to ensure that all of the following procedures are completed:

1. A child protection worker or person designated by the society 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 person designated by the society shall meet with the proposed primary caregiver and conduct an interview of the caregiver.

3. A child protection worker or person designated by the society 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 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 record 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 person designated by the society shall obtain the consent of the proposed primary caregiver to a criminal record check.

7. A child protection worker or a person designated by the society 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) Paragraphs 1, 2 and 4 of subsection 7 (4) of the Regulation are revoked and the following substituted:

1. Within seven days of being apprised that the placement has occurred, a child protection worker or a person designated by the society shall,

i. conduct a home visit to the home in which the child was placed,

ii. conduct an interview with the primary caregiver,

iii. meet in private with the child and conduct an interview appropriate to the child’s age and developmental capacity, and

iv. contact every other person who is 18 years of age or older and resides in the home in order to obtain the person’s consent to a criminal record check and to the disclosure of information by any children’s aid society or any child protection authority in a jurisdiction outside Ontario.

2. As soon as practicable but no later than seven days after the society obtains the consent requested of a person under subparagraph 1 iv, the society shall,

i. make a request to the appropriate authority in any jurisdiction in which the person has resided for the results of the person’s criminal record check, and

ii. if the person has resided in the past in an area outside of the society’s jurisdiction, make a request to any children’s aid society in Ontario or any child protection authority outside Ontario for any information or records they may have relating to the person.

. . . . .

4. Within 30 days of being apprised that the placement has occurred, a child protection worker or person designated by the society shall,

i. conduct a second home visit to the home in which the child was placed,

ii. shall meet in private with the child and conduct an interview appropriate to the child’s age and developmental capacity,

iii. conduct an interview with the primary caregiver, and

iv. ensure that the placement plan relating to the child is reviewed by a children’s aid society’s supervisor.

2. (1) Clause 8 (2) (b) of the Regulation is revoked and the following substituted:

(b) a child protection worker or a person designated by the society shall contact every other person who is 18 years of age or older and resides in the home in order to obtain the person’s consent to a criminal record check and to the disclosure of information by any children’s aid society or any child protection authority in a jurisdiction outside Ontario.

(2) Clause 8 (4) (a) of the Regulation is revoked and the following substituted:

(a) make a request to the appropriate authority in any jurisdiction in which the person has resided for the results of the person’s criminal record check; and

(3) Subsection 8 (6) of the Regulation is amended by striking “a child protection worker” and substituting “the society”.

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

Part III
Place of safety after Placement

12. (1) Within seven days after a society has placed a child in a person’s home that is a place of safety under subsection 37 (5) of the Act, a child protection worker or a person designated by the society shall,

(a) conduct a home visit to the home where the child is placed;

(b) conduct an interview with the primary caregiver;

(c) meet in private with the child and conduct an interview appropriate to the child’s age and developmental capacity; and

(d) contact every other person who is 18 years of age or older and resides in the home to obtain the person’s consent to a criminal record check and to the disclosure of information by any society or any child protection authority in a jurisdiction outside of Ontario.

(2) Between the 25th day and the 30th day after a society has placed a child in a person’s home that is a place of safety under subsection 37 (5) of the Act, a child protection worker or a person designated by the society shall repeat the steps taken under clauses (1) (a), (b) and (c).

(3) The steps taken under subsections (1) and (2) are the minimum steps a society shall take in visiting a person’s home that is a place of safety where a child has been placed and nothing in them prevents or limits the ability of the society to visit such a home.

(4) As soon as practicable but no later than seven days after the society obtains the person’s consent to a criminal record check and to the disclosure of information by any society or any child protection authority outside of Ontario under clause (1) (d), the society shall,

(a) make a request to the appropriate authority in any jurisdiction in which the person has resided for the results of the person’s criminal record check; and

(b) make a request to any society in Ontario or any child protection authority outside of Ontario for any information or records they may have relating to the person, if the person has resided in the past in an area outside of the society’s jurisdiction.

(5) As soon as practicable but no later than seven days after receiving the results of a criminal record check or a child welfare check under subsection (4), the society shall review the information and document any decisions or actions it proposes to take with respect to the information.

(6) Within seven days after receiving a request from another society under subsection (4), a society shall respond to the request and the response shall indicate whether or not any information relating to the person specified in the request exists in the society’s files or records and, if so, the nature of the information.

Part IV
Extended Care

13. (1) A society may provide care and maintenance under subsection 71.1 (1) of the Act to a person only if the person and the society have entered into an agreement related to the care and maintenance.

(2) A society or agency may provide care and maintenance under subsection 71.1 (2) of the Act to a person who is an Indian or native person who is 18 years of age or more only if the person and the society or agency have entered into an agreement related to the care and maintenance.

(3) A society or agency shall cease to provide care and maintenance under subsection 71.1 (1) or (2) of the Act if the care and maintenance agreement between the person and the society or agency is more than a year old and the parties have not reviewed the agreement.

(4) A society or agency shall not provide care and maintenance under subsection 71.1 (1) or (2) of the Act if the person to whom care and maintenance is to be provided is 21 years of age or older.

(5) A society or agency shall not provide care and maintenance under subsection 71.1 (1) or (2) of the Act that is financial support if the person to whom care and maintenance is to be provided is receiving basic financial assistance under the Ontario Works Act, 1997 or income support under the Ontario Disability Support Program Act, 1997 but a society may provide care and maintenance under subsection 71.1 (1) or (2) of the Act to such a person if the care and maintenance is not financial support.

4. This Regulation comes into force on November 30, 2006.

Made by:

Mary Anne V. Chambers

Minister of Children and Youth Services

Date made: November 23, 2006.