94.1
 94.1 (1) Before beginning the process of developing or reviewing a plan of care, a licensee who operates a children’s residence or a person designated by the licensee shall meet with the resident and explain the following, to the extent possible given the resident’s age and maturity: 1. The purpose for which a plan of care is being developed or reviewed, as the case may be. 2. The type of information that will be discussed during the development or review of the plan of care and the type of information that will be included in the plan of care. 3. The role of the resident in the development or review. O. Reg. 350/22, s. 14. (2) The licensee shall document the meeting held under subsection (1). O. Reg. 350/22, s. 14. (3) When developing or reviewing a resident’s plan of care, the licensee shall use the information in the resident’s case record, notably, (a) any documents developed during the pre-admission assessment referred to in section 86.1; (b) any information referred to in subsection 86.1 (6) that was not collected for the purposes of the assessment under section 86.1; (c) any safety plan developed for the resident; (d) any reports respecting the resident prepared by the licensee or persons providing direct care to the resident on behalf of the licensee, including serious occurrence reports, and that relate to incidents involving the resident and contain information that is reasonably necessary for the development or review of the plan of care; and (e) any personal, family and social history or assessment respecting the resident that has been prepared by or provided to the licensee and that contains information that is reasonably necessary for the provision of residential care to the resident. O. Reg. 350/22, s. 14. (4) When developing or reviewing a resident’s plan of care, the licensee shall, (a) assess whether the needs of the resident can be met in the children’s residence on the basis of the information referred to in subsection (3); and (b) document the assessment in the resident’s plan of care. O. Reg. 350/22, s. 14. (5) The licensee shall ensure that, if possible in the circumstances, the following people are consulted on and involved in the development or review of a plan of care: 1. The placing agency, if the placing agency is not the licensee. 2. The resident’s parents, if appropriate. 3. The resident, to the extent possible given their age and maturity. 4. In the case of a resident who is a First Nations, Inuk or Métis child, a representative chosen by each of the resident’s bands or First Nation, Inuit or Métis communities. O. Reg. 350/22, s. 14. (6) The consultations conducted under subsection (5) shall include at least one meeting during which are present the licensee and all of the persons that the licensee is able to consult on and involve in the development or review, as the case may be, of the plan of care. O. Reg. 350/22, s. 14. (7) The licensee shall ensure that, (a) reasonable notice of the meeting referred to in subsection (6) is provided; (b) the meeting is scheduled at a time that is convenient for the resident; and (c) the meeting is conducted in a manner that encourages the resident’s participation. O. Reg. 350/22, s. 14. (8) The licensee shall consult with any of the persons listed in subsection (9) on the development or review, as the case may be, of a resident’s plan of care if the licensee is of the opinion that the person would have information relevant to supporting the development or review of the resident’s plan of care or if a person listed in subsection (5) recommends that the licensee do so. O. Reg. 350/22, s. 14. (9) The following are the persons mentioned in subsection (8): 1. The resident’s probation officer, if any. 2. Any medical professionals or clinicians providing services, treatment or support to the resident. 3. Any individual named as a resource person for the resident under section 5. 4. A representative from the resident’s school. 5. Any person who is assigned as the resident’s primary worker in the residence. 6. In the case of a review, the adult identified in the resident’s plan of care as being a positive influence in the resident’s life, if any such adult is identified in the plan of care. O. Reg. 350/22, s. 14. (10) The licensee shall ensure that a plan of care includes, (a) the names and, if applicable, job titles, of the persons consulted on and involved in the development or review of the plan of care; and (b) the dates of any meetings held to discuss the development or review of the plan of care and the names of the persons who participated in the meetings. O. Reg. 350/22, s. 14. (11) The licensee shall make reasonable efforts to have a plan of care signed and dated by the persons referred to in subsection (5) who have been consulted on and involved in its development or review, in such a way as to indicate their agreement with the information set out in the plan of care. O. Reg. 350/22, s. 14. (12) Despite subsection (11), if the resident is not able to understand the plan of care given their age and maturity or does not wish to sign the plan of care, the licensee is not required to have the plan of care signed and dated by the resident. O. Reg. 350/22, s. 14. (13) If the resident is able to understand the plan of care given their age and maturity and wishes to sign the plan of care, the licensee shall ensure that the resident does not sign the plan of care until, (a) the resident is given an explanation of the plan of care in language suitable to their age and maturity; and (b) the resident is asked if they would like to receive a copy of the plan of care and, if the resident indicates that they would, they are also asked whether they would like to receive the plan of care in a written or electronic format. O. Reg. 350/22, s. 14. (14) If the resident indicates that they would like to receive a copy of the plan of care, the licensee shall provide the resident a copy, in the format chosen by the resident, within seven days after it is developed or reviewed, as the case may be. O. Reg. 350/22, s. 14. (15) If a person referred to in subsection (5) refuses to sign the resident’s plan of care, the licensee shall, within the resident’s plan of care, indicate that the person refused to sign it and set out the reasons for the refusal. O. Reg. 350/22, s. 14. (16) If a person referred to in subsection (5) was not consulted on and involved in the development or review of a resident’s plan of care, the licensee shall, (a) make reasonable efforts to consult with and involve them after the development or review of the plan of care and record those efforts in the resident’s plan of care; and (b) amend the plan of care, if necessary, to reflect their input. O. Reg. 350/22, s. 14.