61 (1) This section applies where a child is made a society ward under paragraph 2 of subsection 57 (1) or a Crown ward under paragraph 3 of subsection 57 (1) or under subsection 65.2 (1).  2006, c. 5, s. 19 (1). 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 religious faith, if any, in which the child is being raised; (c) where possible, respects the child’s linguistic and cultural heritage; (d) where the child is an Indian or a native person, is with a member of the child’s extended family, a member of the child’s band or native community or another Indian or native family, if possible; and (e) takes into account the child’s wishes, if they can be reasonably ascertained, and the wishes of any parent who is entitled to access to the child.  R.S.O. 1990, c. C.11, s. 61 (2). Education (3) The society having care of a child shall ensure that the child receives an education that corresponds to his or her aptitudes and abilities.  R.S.O. 1990, c. C.11, s. 61 (3). 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.  R.S.O. 1990, c. C.11, s. 61 (4). 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 V (Rights of Children); and (b) the wishes of any parent who is entitled to access to the child and, where the child is a Crown ward, 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.  R.S.O. 1990, c. C.11, s. 61 (5). 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.  R.S.O. 1990, c. C.11, s. 61 (6). Notice of proposed removal (7) If a child is a Crown ward 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 (7.1); and (b) if the child is an Indian or native person, (i) give at least 10 days notice in writing of the proposed removal to a representative chosen by the child’s band or native community, and (ii) after the notice is given, consult with representatives chosen by the band or community relating to the plan for the care of the child.  2006, c. 5, s. 19 (2). Application for review (7.1) 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.  2006, c. 5, s. 19 (2). Board hearing (8) 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.  2006, c. 5, s. 19 (2). Where child is Indian or native person (8.1) Upon receipt of an application for review of a proposed removal of a child who is an Indian or native person, the Board shall give a representative chosen by the child’s band or native community notice of receipt of the application and of the date of the hearing.  2006, c. 5, s. 19 (2). Practices and procedures (8.2) 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.  2006, c. 5, s. 19 (2). Composition of Board (8.3) At a hearing under this section, the Board shall be composed of members with the prescribed qualifications and prescribed experience.  2006, c. 5, s. 19 (2). Parties (8.4) The following persons are parties to a hearing under this section: 1. The applicant. 2. The society. 3. If the child is an Indian or a native person, a representative chosen by the child’s band or native community. 4. Any person that the Board adds under subsection (8.5).  2006, c. 5, s. 19 (2). Additional parties (8.5) 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.  2006, c. 5, s. 19 (2). Board decision (8.6) 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.  2006, c. 5, s. 19 (2). No removal before decision (8.7) Subject to subsection (9), 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 (7.1) has expired and an application is not made; or (b) if an application for a review of the proposed removal is made under subsection (7.1), the Board has confirmed the proposed removal under subsection (8.6).  2006, c. 5, s. 19 (2). Where child at risk (9) A society may remove the child from the foster home before the expiry of the time for applying for a review under subsection (7.1) or at any time after the application for a review is made if, in the opinion of a local director, there would be a risk that the child is likely to suffer harm during the time necessary for a review by the Board.  2006, c. 5, s. 19 (3). Review of certain placements (10) Sections 34, 35 and 36 (review by Residential Placement Advisory Committee, further review by Children’s Services Review Board) of Part II (Voluntary Access to Services) apply to a residential placement made by a society.  R.S.O. 1990, c. C.11, s. 61 (10). Transitional (11) This section as it read on the day before this subsection came into force continues to apply in respect of proposed removals and requests for review under section 68 if the notice of the proposed removal of the child was given by the society on or before that day.  2006, c. 5, s. 19 (4). Section Amendments with date in force (d/m/y) 1999, c. 2, s. 17 - 31/03/2000 2006, c. 5, s. 19 (1-4) - 30/11/2006 Society wards – medical treatment and marriage