O. Reg. 122/09: GENERAL

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ontario regulation 122/09

made under the

Child and Family Services Act

Made: March 25, 2009
Filed: March 27, 2009
Published on e-Laws: March 31, 2009
Printed in The Ontario Gazette: April 11, 2009

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

(General)

1. (1) Subsection 38 (1) of Regulation 70 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

(1) In addition to the duties of the Board prescribed in section 97 of the Act, the Board shall review the placement of probationers who are ordered by the youth justice court under paragraph 55 (2) (g) of the federal Act to reside at a place specified by a provincial director where the place is a place of open custody.

(2) Subsection 38 (2) of the Regulation is amended by striking out “clause (1) (b)” and substituting “subsection (1)”.

2. Section 41 of the Regulation is revoked and the following substituted:

41. For the purposes of subsection 109 (1) of the Act, the written procedure shall set out,

(a) the methods by which a child in care may express concerns with respect to alleged violations of the child’s or young person’s rights under Part V of the Act,

(i) in the presence of other children or young persons and to a program staff person,

(ii) in private to a program staff person, and

(iii) in private to the service provider or a person designated by the service provider; and

(b) the method by which a parent of a child in care or other person representing a child in care may express concerns with respect to alleged violations of the child’s or young person’s rights under Part V of the Act,

(i) in private to a program staff person, and

(ii) in private to the service provider.

3. Section 44 of the Regulation is revoked and the following substituted:

44. (1) A secure isolation room shall,

(a) not be used as a bedroom for a child or young person who is in secure isolation;

(b) contain a window that is unbreakable or some other means of observing the child or young person;

(c) contain lighting that is adequate to ensure compliance with subsection 127 (5) of the Act and paragraph 1 of section 48.1 of this Regulation; and

(d) contain no objects that could be used by the child or young person as instruments of injury or damage.

(2) Despite subsection (1), a secure isolation room may be used as a bedroom where a young person is held in a facility that is a place of secure temporary detention or a place of secure custody.

4. Subsection 45 (1) of the Regulation is amended by striking out “to place children” and substituting “to place children or young persons”.

5. Section 46 of the Regulation is revoked and the following substituted:

46. Every service provider shall maintain a written record of each instance of the use of a secure isolation room that shall include the name and age of each child or young person placed in secure isolation and the dates and the duration of each use for each child or young person.

6. Section 47 of the Regulation is revoked and the following substituted:

47. (1) Subject to subsection (2), where a child or young person is kept in a secure isolation room for more than one hour, the person in charge of the premises in which the secure isolation room is located shall review the continued need for secure isolation of the child or young person at least every 30 minutes.

(2) Where a young person who is 16 years of age or older is kept in a secure isolation room in a place of secure custody or of secure temporary detention for more than one hour, the person in charge of the premises in which the secure isolation room is located shall review the continued need for secure isolation of the young person at least every two hours.

7. (1) Subsection 48 (1) of the Regulation is amended by striking out “secure isolation of children” and substituting “secure isolation of children or young persons”.

(2) Subsection 48 (2) of the Regulation is amended by striking out “secure isolation of children” and substituting “secure isolation of children or young persons”.

(3) Subsection 48 (4) of the Regulation is amended by striking out “secure isolation of children” and substituting “secure isolation of children or young persons”.

(4) Subsection 48 (5) of the Regulation is amended by striking out “secure isolation of children” and substituting “secure isolation of children or young persons”.

8. Part VI of the Regulation is amended by adding the following provision:

48.1 For the purposes of subsection 127 (9) of the Act, the following are the standards and procedures for holding a young person aged 16 or older in a secure isolation room in a place of secure custody or of secure temporary detention:

1. The service provider shall ensure that the young person is observed at regular intervals, as determined by the service provider taking into consideration the needs of the young person.

2. The service provider shall ensure that, at a minimum, the young person is observed every 15 minutes by a responsible person and that these observations are recorded in the young person’s case record.

3. The service provider may hold a young person in secure isolation for a continuous period of up to a maximum of 72 hours or for a cumulative period of up to a maximum of 72 hours in a seven-day period.

4. Despite paragraph 3, the service provider may extend a young person’s placement in secure isolation for a continuous period beyond 72 hours or for an aggregate of more than 72 hours in a seven-day period, if the provincial director approves the extension.

5. The provincial director may approve the extension of the placement of a young person in secure isolation beyond 72 hours if the provincial director has reasonable and probable grounds to believe that the young person’s continued placement in secure isolation is necessary for the safety of staff or young persons in the facility.

9. (1) Subsection 66 (2) of the Regulation is amended by striking out “children” and substituting “children and young persons”.

(2) Subsection 66 (3) of the Regulation is revoked and the following substituted:

(3) A licensee shall not admit to a residence more children and young persons than the maximum number of children and young persons permitted in the licence unless the admission is approved by a Director for a specified period of time.

10. Subsection 70 (4) of the Regulation is amended by striking out “child” and substituting “child or young person”.

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

82.1 Sections 80 to 82 do not apply with respect to young persons.

12. Section 83 of the Regulation is revoked and the following substituted:

83. Every licensee shall ensure that, upon admission of a child or young person to a residence operated by the licensee, the child or young person receives an orientation to the residence and the program provided in the residence and that the child or young person is informed of the procedures that exist for a resident to express concerns or complaints while a resident. 

13. (1) Subsection 84 (1) of the Regulation is amended by striking out “child” and substituting “child or young person”.

(2) Subsection 84 (3) of the Regulation is revoked and the following substituted:

(3) Where there are specific indications upon the admission of a child or young person that suggest that either a medical examination or treatment is urgently required for the child or young person, the licensee operating the residence where the child or young person is admitted shall arrange for the examination or treatment forthwith.

(3) Subsection 84 (5) of the Regulation is amended by striking out “child” and substituting “child or young person”.

14. Clause 85 (a) of the Regulation is revoked and the following substituted:

(a) upon admission of a child or young person to a residence operated by the licensee it is determined whether or not the child or young person being admitted is currently receiving medical treatment or medication or is suffering from any allergy or physical ailment; and

15. Clause 86 (4) (b) of the Regulation is amended by striking out “child” and substituting “resident”.

16. Section 98 of the Regulation is revoked and the following substituted:

Written Communications

98. Every licensee shall ensure that, where under subsection 103 (3) or (4) of the Act, a written communication is opened or an article removed from a written communication to or from a resident who is in a residence operated by the licensee, the reason for opening the written communication or removing the article is noted in the resident’s case record. 

17. (1) Subsection 109.1 (1) of the Regulation is revoked.

(2) Subsection 109.1 (2) of the Regulation is amended by striking out “young offender” in each of the following provisions and substituting in each case “young person”:

1. Subparagraph 1 ii.

2. Subparagraph 3 ii.

3. Subparagraph 4 ii.

4. Sub-subparagraph 9 i B.

(3) Clause 109.1 (3) (b) of the Regulation is amended by striking out “young offender” and substituting “young person”.

18. This Regulation comes into force on the later of the day subsection 12 (2) of the Child and Family Services Statute Law Amendment Act, 2009 comes into force and the day this Regulation is filed.

 

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