109 (1) This section applies where a child is in interim society care under an order made under paragraph 2 of subsection 101 (1) or extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c). Placement (2) The society having care of a child shall choose a residential placement for the child that, (a) represents the least restrictive alternative for the child; (b) where possible, respects the child’s race, ancestry, place of origin, colour, ethnic origin, citizenship, family diversity, creed, sex, sexual orientation, gender identity and gender expression; (c) where possible, respects the child’s cultural and linguistic heritage; (d) in the case of a First Nations, Inuk or Métis child, is with, if possible, a member of the child’s extended family or, if that is not possible, (i) in the case of a First Nations child, another First Nations family, (ii) in the case of an Inuk child, another Inuit family, or (iii) in the case of a Métis child, another Métis family; and (e) takes into account the child’s views and wishes, given due weight in accordance with the child’s age and maturity, and the views and wishes of any parent who is entitled to access to the child. Education (3) The society having care of a child shall ensure that the child receives an education that corresponds to the child’s aptitudes and abilities. Placement outside or removal from Ontario (4) The society having care of a child shall not place the child outside Ontario or permit a person to remove the child from Ontario permanently unless a Director is satisfied that extraordinary circumstances justify the placement or removal. Rights of child, parent and foster parent (5) The society having care of a child shall ensure that, (a) the child is afforded all the rights referred to in Part II (Children’s and Young Persons’ Rights); and (b) the wishes of any parent who is entitled to access to the child and, where the child is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c), of any foster parent with whom the child has lived continuously for two years are taken into account in the society’s major decisions concerning the child. Change of placement (6) The society having care of a child may remove the child from a foster home or other residential placement where, in the opinion of a Director or local director, it is in the child’s best interests to do so. Notice of proposed removal (7) If a child is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c) and has lived continuously with a foster parent for two years and a society proposes to remove the child from the foster parent under subsection (6), the society shall, (a) give the foster parent at least 10 days notice in writing of the proposed removal and of the foster parent’s right to apply for a review under subsection (8); and (b) in the case of a First Nations, Inuk or Métis child, give the notice required by clause (a), and (i) give at least 10 days notice in writing of the proposed removal to a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities, and (ii) after the notice is given under subclause (i), consult with representatives chosen by the bands and communities relating to the plan of care for the child. Application for review (8) A foster parent who receives a notice under clause (7) (a) may, within 10 days after receiving the notice, apply to the Board in accordance with the regulations for a review of the proposed removal. Board hearing (9) Upon receipt of an application by a foster parent for a review of a proposed removal, the Board shall hold a hearing under this section. First Nations, Inuk or Métis child (10) Upon receipt of an application for review of a proposed removal of a First Nations, Inuk or Métis child, the Board shall also give notice of receipt of the application and of the date of the hearing to a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities. Practices and procedures (11) The Statutory Powers Procedure Act applies to a hearing under this section and the Board shall comply with such additional practices and procedures as may be prescribed. Composition of Board (12) At a hearing under this section, the Board shall be composed of members with the prescribed qualifications and prescribed experience. Parties (13) The following persons are parties to a hearing under this section: 1. The applicant. 2. The society. 3. If the child is a First Nations, Inuk or Métis child, the persons described in paragraphs 1 and 2 and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities. 4. Any person that the Board adds under subsection (14). Additional parties (14) The Board may add a person as a party to a review if, in the Board’s opinion, it is necessary to do so in order to decide all the issues in the review. Board decision (15) The Board shall, in accordance with its determination of which action is in the best interests of the child, confirm the proposal to remove the child or direct the society not to carry out the proposed removal, and shall give written reasons for its decision. No removal before decision (16) Subject to subsection (17), the society shall not carry out the proposed removal of the child unless, (a) the time for applying for a review of the proposed removal under subsection (8) has expired and an application is not made; or (b) if an application for a review of the proposed removal is made under subsection (8), the Board has confirmed the proposed removal under subsection (15). Where child at risk (17) A society may remove the child from the foster home before the expiry of the time for applying for a review under subsection (8) or at any time after the application for a review is made if, in the opinion of a local director, there is a risk that the child is likely to suffer harm during the time necessary for a review by the Board. Review of certain placements (18) Sections 63, 64, 65 and 66 (review by residential placement advisory committee, further review by the Board) apply with necessary modifications to a residential placement made by a society under this section. Definition (19) In this section, “residential placement” has the same meaning as in section 62.