75 (1) A person who is temporarily unable to care adequately for a child in the person’s custody, and the society having jurisdiction where the person resides, may make a written agreement for the society’s care and custody of the child. Older child to be party to agreement (2) No temporary care agreement shall be made in respect of a child who is 12 or older unless the child is a party to the agreement. Exception: developmental disability (3) Subsection (2) does not apply where it has been determined on the basis of an assessment not more than one year before the agreement is made, that the child does not have capacity to participate in the agreement because of a developmental disability. Duty of society (4) A society shall not make a temporary care agreement unless the society, (a) has determined that an appropriate residential placement that is likely to benefit the child is available; and (b) is satisfied that no course of action less disruptive to the child, such as care in the child’s own home, is able to adequately protect the child. Term of agreement limited (5) No temporary care agreement shall be made for a term exceeding six months, but the parties to a temporary care agreement may, with a Director’s written approval, agree to extend it for a further period or periods if the total term of the agreement, as extended, does not exceed 12 months. Time limit (6) No temporary care agreement shall be made or extended so as to result in a child being in a society’s care and custody, for a period exceeding, (a) 12 months, if the child is younger than 6 on the day the agreement is entered into or extended; or (b) 24 months, if the child is 6 or older on the day the agreement is entered into or extended. Calculating time in care (7) The time during which a child has been in a society’s care and custody pursuant to the following shall be counted in calculating the period referred to in subsection (6): 1. An interim society care order made under paragraph 2 of subsection 101 (1). 2. A temporary care agreement under subsection (1) of this section. 3. A temporary order made under clause 94 (2) (d). Previous periods to be counted (8) The period referred to in subsection (6) shall include any previous periods that the child was in a society’s care and custody as described in subsection (7) other than periods that precede a continuous period of five or more years that the child was not in a society’s care and custody. Authority to consent to medical treatment may be transferred (9) A temporary care agreement may provide that, where the child is found incapable of consenting to treatment under the Health Care Consent Act, 1996, the society is entitled to act in the place of a parent in providing consent to treatment on the child’s behalf. Contents of temporary care agreement (10) A temporary care agreement shall include the following: 1. A statement by all the parties to the agreement that the child’s care and custody are transferred to the society. 2. A statement by all the parties to the agreement that the child’s placement is voluntary. 3. A statement, by the person referred to in subsection (1), that the person is temporarily unable to care for the child adequately and has discussed with the society alternatives to residential placement of the child. 4. An undertaking by the person referred to in subsection (1) to maintain contact with the child and be involved in the child’s care. 5. If it is not possible for the person referred to in subsection (1) to maintain contact with the child and be involved in the child’s care, the person’s designation of another person who is willing to do so. 6. The name of the individual who is the primary contact between the society and the person referred to in subsection (1). 7. Such other provisions as are prescribed. Designation by advisory committee (11) Where the person referred to in subsection (1) does not give an undertaking under paragraph 4 of subsection (10) or designate another person under paragraph 5 of subsection (10), a residential placement advisory committee established under subsection 63 (1) that has jurisdiction may, in consultation with the society, name a suitable person who is willing to maintain contact with the child and be involved in the child’s care. Variation of agreement (12) The parties to a temporary care agreement may vary the agreement from time to time in a manner that is consistent with this Part and the regulations made under it. Agreement expires at 18 (13) No temporary care agreement shall continue beyond the 18th birthday of the person who is its subject.