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O. Reg. 113/07: PROCEDURES, PRACTICES AND STANDARDS OF SERVICE FOR CHILD PROTECTION CASES

filed March 23, 2007 under Child and Family Services Act, R.S.O. 1990, c. C.11

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ontario regulation 113/07

made under the

Child and Family Services Act

Made: March 22, 2007
Filed: March 23, 2007
Published on e-Laws: March 26, 2007
Printed in The Ontario Gazette: April 7, 2007

Amending O. Reg. 206/00

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

1. (1) Section 1 of Ontario Regulation 206/00 is amended by adding the following definition:

“Child Protection Standards” means the Ministry of Children and Youth Services publication titled “Child Protection Standards in Ontario” and dated February 2007;

(2) The definition of “Risk Assessment Model” in section 1 of the Regulation is revoked.

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

2. Within 24 hours after receiving information that a child is or may be in need of protection, a society shall,

(a) record the information it received;

(b) assess the information it received in accordance with the Child Protection Standards;

(c) record the assessment made under clause (b);

(d) search the Child Protection Fast Track Information System for information that may be relevant in determining whether or not there are reasonable and probable grounds to believe that the child or any other child in the same family is in need of protection;

(e) record the information that may be relevant found under clause (d);

(f) decide, in accordance with the Child Protection Standards, whether or not a child protection investigation should be initiated with respect to the child or any other child in the same family;

(g) record the decision made under clause (f);

(h) if the decision made under clause (f) is that a child protection investigation should be initiated,

(i) determine, in accordance with the Child Protection Standards, the time within which a child protection worker should first meet with the child and family who are the subject of the investigation, and

(ii) develop, in accordance with the Child Protection Standards, a plan for carrying out the investigation; and

(i) record the determination made under subclause (h) (i) and the plan developed under subclause (h) (ii). 

3. Section 3 of the Regulation is revoked and the following substituted:

3. A society shall ensure that,

(a) when a child protection worker first meets with a child and family who are the subject of a child protection investigation, the worker conducts a safety assessment in accordance with the Child Protection Standards and takes the actions that are immediately necessary to protect the child;

(b) as soon as possible and no later than on the next working day after the first meeting referred to in clause (a), the worker records the safety assessment conducted under clause (a) and the safety plan, if any, the worker has implemented under clause (a) to protect the child; and

(c) the worker carry out a risk assessment in accordance with the Child Protection Standards before the completion of the investigation.

4. (1) Subsection 4 (1) of the Regulation is amended by striking out “full” in the portion before clause (a).

(2) Clause 4 (1) (b) of the Regulation is revoked and the following substituted:

(b) determine, in accordance with the Child Protection Standards, whether or not there are reasonable and probable grounds to believe that the child who was the subject of the investigation is in need of protection; and

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

(2) If the determination made by the society under clause (1) (b) is that there are reasonable and probable grounds to believe that the child who was the subject of the investigation is in need of protection, the society shall,

(a) carry out, in accordance with the Child Protection Standards, a family and child strengths and needs assessment;

(b) develop and carry out, in accordance with the Child Protection Standards, a plan for reducing the risk of future harm to the child who is believed to be in need of protection; and

(c) record the assessments carried out under clause (a), the plan developed under clause (b) and the steps taken to implement the plan.

(4) Subsection 4 (3) of the Regulation is revoked and the following substituted:

(3) The society shall carry out and record a reassessment of risk and repeat the tasks it is required to perform under clauses (2) (a), (b) and (c) at least every six months until it determines, in accordance with the Child Protection Standards, that the child is no longer eligible for child protection services. 

(5) Subsection 4 (4) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(4) When the society determines that the child is no longer eligible for child protection services, the society shall,

. . . . .

5. (1) Subclause 5 (1) (b) (i) of the Regulation  is amended by striking out “or subsection 65 (1)” and substituting “subsection 65 (1) or clause 65.2 (1) (c)”.

(2) Subclause 5 (1) (c) (i) of the Regulation is amended by striking out “or subsection 65 (1)” and substituting “subsection 65 (1) or clause 65.2 (1) (a)”.

6. This Regulation comes into force on the later of April 2, 2007 and the day this Regulation is filed. 

Made by:

Mary Anne V. Chambers

Minister of Children and Youth Services

Date made: March 22, 2007.