50.1
 50.1 (1) In this section, “unlicensed setting” means a place where none of the activities that require a licence under section 244 of the Act are conducted. O. Reg. 350/22, s. 3. (2) This section does not apply where a society places a child for adoption. O. Reg. 350/22, s. 3. (3) This section applies to a society if, (a) the society proposes to place or has placed a child in the care of the society in an unlicensed setting; or (b) a child in the care of the society is otherwise residing in an unlicensed setting. O. Reg. 350/22, s. 3; O. Reg. 34/23, s. 1. (4) Subject to subsection (5), a society to which this section applies shall comply with sections 127 to 129.5 and sections 131.1 to 131.5 with respect to the child who is placed or to be placed in the unlicensed setting or otherwise residing there, with the modifications set out in subsection (7) and any other necessary modifications, as if the society were a licensee providing residential care under the authority of a licence and the unlicensed setting were a foster home and, for greater certainty, the society shall also comply with the requirements of those provisions that apply to a placing agency. O. Reg. 350/22, s. 3. (5) A society to which this section applies is not required to comply with sections 127 and 128 where it comes to the attention of the society that a child in its care is residing in an unlicensed setting and the society had not placed the child in that unlicensed setting, provided that, (a) a society child welfare service supervisor approves the decision not to comply with sections 127 and 128; and (b) the society documents, (i) details of the unlicensed setting and the reasons why the society was not apprised of the fact that the child had begun residing in the unlicensed setting, and (ii) the steps taken by the society to ensure that the child’s immediate needs would be met. O. Reg. 350/22, s. 3. (6) If a society to which this section applies does not comply with sections 127 and 128, as permitted by subsection (5) of this section, the society is not required to comply with clause 129 (5) (a) but shall, (a) conduct a safety assessment upon learning of the child’s living arrangements; and (b) develop a safety plan, where required, in accordance with the requirements of section 129.1 as soon as possible but in any event no later than seven days after completing the safety assessment. O. Reg. 350/22, s. 3. (7) Without limiting any further modifications that may be necessary, for the purposes of subsection (4), (a) a reference in sections 127 to 129.5 and sections 131.1 to 131.5 to, (i) “foster home” shall be read as a reference to “unlicensed setting”, (ii) “foster care licensee” or “licensee” shall be read as a reference to “society”, (iii) “foster care” shall be read as a reference to “residential care”, (iv) “foster child” and “foster children” shall be read, respectively, as references to “child” and “children”, (v) “foster parent or parents” shall be read as a reference to “any person providing direct care to the child” or, if “foster parent or parents” is used in conjunction with “any person providing direct care to the child” or similar language, the relevant provision shall be read as if it did not include reference to “foster parent or parents”; (vi) “foster plan of care” shall be read as a reference to “plan of care”; (b) for the purposes of section 127, (i) the society shall use information in its possession for the purpose of conducting the assessment, and (ii) the written evaluation, referred to in clause 127 (3) (a), shall set out, instead of the information described in clause 127 (7) (b), (A) the names of the persons who will provide direct care to the child, (B) a description of their qualifications, (C) the details of any training they have completed, and (D) any supports that they will be able to access in order to meet the child’s needs; (c) for the purposes of section 128, (i) subsection 128 (3) shall be read without the reference to subsection 125 (1), (ii) subsection 128 (3) shall be read as if it did not include clause (c), and (iii) subsection 128 (4) shall be read as if it did not include clause (a); (d) for the purposes of subsection 129 (2), conducting a safety assessment shall also include an assessment of the home environment of the unlicensed setting and the physical aspects of the setting as they relate to the safety of the child; (e) for the purposes of section 129.3, the only persons required to review the safety plan are persons providing direct care to the child on behalf of the society and those persons shall review the safety plan in the applicable circumstances referred to in clauses 129.3 (2); and (f) sections 131.1 and 131.5 shall apply with respect to every child to whom a society provides residential care in an unlicensed setting. O. Reg. 350/22, s. 3.