jswizzle3737/ontario_laws_and_regs huggingface dataset:
Interpretation, First Nations, Inuk or Métis child
 1. A child is a First Nations, Inuk or Métis child for the purposes of the Act if,  (a) the child identifies themself as a First Nations, Inuk or Métis child or a parent of the child identifies the child as a First Nations, Inuk or Métis child; (b) the child is a member of or identifies with, as determined under section 21 of Ontario Regulation 156/18 (General Matters Under the Authority of the Minister) made under the Act, one or more bands or First Nations, Inuit or Métis communities; or (c) it cannot be determined under clause (a) or (b) whether the child is a First Nations, Inuk or Métis child but there is information that demonstrates that, (i) a relative or sibling of the child identifies as a First Nations, Inuk or Métis person, or (ii) there is a connection between the child and a band or a First Nations, Inuit or Métis community.
Powers of Director
 2. Where an approval is required by a Director, where something is to be done as required by a Director or where a determination is to be made by a Director under any regulation made under the Act, the approval, requirement or determination is prescribed to be a power of a Director.
Methods of alternative dispute resolution
 3. (1) A method of alternative dispute resolution that satisfies the following criteria is a prescribed method of alternative dispute resolution for the purposes of the Act: 1. The alternative dispute resolution must be undertaken with the consent of all participants. 2. The alternative dispute resolution must be one that can be terminated at any time by any of the participants. 3. The alternative dispute resolution must be conducted by an impartial facilitator who has no decision-making power. 4. The alternative dispute resolution must not be an arbitration. 5. The alternative dispute resolution is subject to the following rules respecting the confidentiality of and access to records and information: i. Neither the participants nor the facilitator conducting the alternative dispute resolution nor any other person providing alternative dispute resolution services is compellable to give testimony or to produce documents in a civil proceeding with respect to matters relating to or prepared or exchanged during the alternative dispute resolution. ii. Representations, statements or admissions made in the course of the alternative dispute resolution and documents prepared or exchanged during the alternative dispute resolution cannot be used in evidence or produced in a civil proceeding, subject to the following exceptions: A. Statements, admissions or documents may be disclosed if they give rise to the duty to report that a child may be in need of protection under section 125 of the Act. B. Statements, admissions or documents may be disclosed if there are reasonable grounds to believe that the disclosure is necessary to address a real or perceived threat to any person’s life or physical safety. C. Personal information contained in statements, admissions or documents may be disclosed if the individual to whom the personal information relates consents to the disclosure. D. The terms of an agreement, memorandum of understanding or plan arising from the alternative dispute resolution may be disclosed to a court and all counsel for the participants in the alternative dispute resolution, including counsel for the child where applicable. iii. The alternative dispute resolution facilitator may use or disclose non-identifying information relating to the alternative dispute resolution for research or educational purposes, but the facilitator must provide written notice of this intended use or disclosure to all participants in the alternative dispute resolution before the alternative dispute resolution begins. (2) Nothing in subsection (1) abrogates or derogates from the rights of the participants in an alternative dispute resolution to discuss the content of the alternative dispute resolution with their counsel. (3) Nothing in subsection (1) limits the powers of a program supervisor under subsection 53 (2) or section 59 of the Act. (4) In this section, “non-identifying information” means information which, when used or disclosed either alone or in combination with other information, does not reveal the identity of the person to whom it relates. Rights of Children and Young Persons
Rights of Children and Young Persons
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Service provider to inform
 4. (1) This section applies to a service provider who provides a service to a child or young person in a circumstance in which the child or young person is not entitled to be informed under section 9 of the Act. O. Reg. 155/18, s. 4 (1). (2) The service provider shall inform the child or young person of the matters set out in subsection (5), as required by subsection (6). O. Reg. 155/18, s. 4 (2). (3) Subject to subsection (4), the service provider shall inform the following individuals of the matters set out in subsection (5), as required by subsection (6): 1. In the case of a child who is not in the care of a society, a parent of the child. 2. In the case of a child who is in the care of a society, except for extended society care, a person who was the child’s parent immediately before the child was placed in the care of the society. 3. In the case of a child who is being cared for under customary care, the person who, immediately before the child was placed in customary care, was the child’s parent. O. Reg. 155/18, s. 4 (3). (4) The requirements in this section apply in respect of an individual described in paragraph 1, 2 or 3 of subsection (3) only if, (a) to the knowledge of the service provider, the individual is aware that the child is receiving the service provided by the service provider; and (b) the service provider is able to contact the individual after making reasonable efforts to do so. O. Reg. 155/18, s. 4 (4). (5) For the purposes of subsections (2) and (3), the service provider shall inform the child, young person or individual described in paragraph 1, 2 or 3 of subsection (3) of, (a) the child or young person’s rights under Part II of the Act; and (b) the service provider’s complaints procedures. (c)  Revoked: O. Reg. 79/19, s. 1. O. Reg. 155/18, s. 4 (5); O. Reg. 79/19, s. 1. (6) The service provider shall inform the child, young person or individual described in paragraph 1, 2 or 3 of subsection (3) of the matters set out in subsection (5), (a) as part of the process of the service provider beginning to provide a service to the child or young person; (b) at any other times as is considered to be necessary, in the opinion of the service provider, to ensure that the child, young person or individual understands the information; and (c) as soon as practicable after information comes to the attention of the service provider that the child or young person’s rights under Part II of the Act may have been violated by another service provider. O. Reg. 155/18, s. 4 (6).
Manner of providing information
 5. (1) Subject to subsection (2), in providing information under section 9 of the Act or under section 4 of this Regulation, a service provider shall provide the information verbally and in a written format. (2) If the information provided verbally and in a written format would not be accessible for the person being informed, the service provider shall provide the information in a format that is accessible for the person. (3) In providing information to a child or young person under section 9 of the Act or to a person under section 4 of this Regulation, a service provider shall do the following: 1. Consider such information as may be available to the service provider about the child or young person to identify what supports, if any, may assist the child or young person in understanding the information to be provided. 2. In the case of providing information to a child or young person, ask the child or young person to identify what, if any, supports may assist the child or young person in understanding the information to be provided. 3. In the case of providing information to an individual described in paragraph 1, 2 or 3 of subsection 4 (3), ask the individual to identify what, if any, supports may assist the individual or the child or young person in understanding the information to be provided. 4. Consider any supports identified under paragraphs 1, 2 and 3 and make reasonable efforts to provide supports that the service provider considers to be necessary. (4) After providing information under section 9 of the Act or section 4 of this Regulation, the service provider shall make reasonable efforts to confirm that the person has understood the information provided, including that the child or young person understands how to exercise and receive the benefit of their rights under Part II of the Act in connection with the service being provided. (5) The service provider shall record the following in the file of the child or young person: 1. A description of how the service provider complied with this section. 2. A record of any supports identified under paragraphs 1, 2 and 3 of subsection (3). 3. If the service provider did not provide supports identified under subsection (3), the reasons for that decision.
Service provider to make reasonable efforts to assist
 6. (1) A service provider shall make reasonable efforts to assist a child or young person for whom it provides a service to exercise or receive the benefit of their rights under Part II of the Act, including by doing the following: 1. Considering such information as may be available to the service provider about the child or young person to identify what supports, if any, may assist the child or young person in exercising or receiving the benefit of the rights. 2. Asking the child or young person to identify what, if any, supports may assist in enabling the child to exercise or receive the benefit of the rights. 3. If the service provider is required under section 4 to inform an individual described in paragraph 1, 2 or 3 of subsection 4 (3), making reasonable efforts to ask the individual to identify what, if any, supports may assist the child or young person in exercising or receiving the benefit of the rights. 4. Considering the supports identified under paragraphs 1, 2 and 3 and making reasonable efforts to provide supports that the service provider considers to be necessary. (2) The service provider shall record the following in the file of the child or young person: 1. A description of any assistance the service provider provided in accordance with this section. 2. A record of any supports identified under subsection (1). 3. If the service provider did not provide supports identified under subsection (1), the reasons for that decision.
Service provider to document child, young person’s participation
 7. A service provider shall document the following in the file of a child or young person for whom it provides a service:  1. How and when the service provider gave the child or young person an opportunity to participate in decision-making about the services provided to or to be provided to them or decisions affecting them. 2. Whether the child or young person participated in the decision and, if they did participate, a description of how they participated and any views they expressed.
Service provider to take steps re services, programs, activities
 8. (1) A service provider shall comply with subsection (2) if it has received information respecting,  (a) the child or young person’s race, ancestry, place of origin, colour, ethnic origin, citizenship, family diversity, disability, creed, sex, sexual orientation, gender identity, gender expression or cultural or linguistic needs; or (b) regional differences that may affect the child or young person, such as the fact that a child or young person is from a region that is different from the region in which the services are provided to the child or young person. (2) A service provider shall make reasonable efforts to, (a) determine whether there are services, programs or activities that may complement the service being provided by the service provider and support the objectives of the service and that relate to the information described in subsection (1); and (b) if the service provider determines that such a service, program or activity is available and would assist the child or young person, (i) ask the child or young person if they wish to receive the service or participate in the program or activity, and (ii) if so, facilitate the child or young person receiving the service or participating in the program or activity in addition to continuing to receive the service from the service provider. (3) The service provider shall document the steps it has taken to comply with the requirements of this section.
Right to be informed, prescribed intervals
 9. For the purposes of section 9 of the Act, the prescribed intervals are,  (a) 30 days after the child in care’s placement in residential care; (b) 90 days after the child in care’s placement in residential care; and (c) 180 days after the child in care’s placement in residential care and every 180 days after that. O. Reg. 72/22, s. 1. Use of Physical Restraint – Section 6 of the Act
Use of Physical Restraint – Section 6 of the Act
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Restrictions
 10. (1) Subject to subsection 11 (3), a service provider is authorized to use or permit the use of physical restraint on a child or young person for whom it provides a service only if the following are satisfied:  1. There is imminent risk that, i. the child or young person will physically injure or further physically injure themselves or others, or ii in the case of a young person, the young person will escape from a place of open custody, of secure custody or of temporary detention or will cause significant damage to property where there is also an imminent risk that the property damage will cause personal harm to a person, including the young person. 2. The physical restraint will be used to prevent, reduce or eliminate a risk referred to in paragraph 1. 3. It has been determined that a less intrusive intervention is or would be ineffective in preventing, reducing or eliminating a risk referred to in paragraph 1. 4. The person who will use the physical restraint has successfully completed the training required under section 16 or 17, as the case may be, including training in the particular holding technique that will be used. 5. The person who will use the physical restraint has completed the education required under section 16 or 17, as the case may be. 6. In each circumstance in which the person was required to complete education requirements as described in paragraph 5, the person has been assessed as required under section 20 with respect to the education requirements and has received a satisfactory assessment in the most recent assessment. (2) For greater certainty, physical restraint shall not be used on a child or young person under subsection (1) for the purpose of punishing the child or young person or for the convenience of the service provider or a person the service provider has permitted to use a physical restraint. (3) For greater certainty, a service provider that holds a licence to provide residential care in the circumstances described in paragraph 2 of section 244 of the Act may, if providing foster care under the authority of that licence, permit a foster parent to use physical restraint under this section. (4) The physical restraint shall be used in the following manner: 1. The least amount of force that is necessary in the circumstances shall be used. 2. The child or young person’s condition shall be continually monitored and assessed by a responsible person designated by the service provider while the child or young person is restrained. 3. The type of physical restraint used must be the least intrusive that is necessary in the circumstances, having regard to the risk referred to in paragraph 1 of subsection (1). 4. The use of the physical restraint shall be stopped immediately upon the earliest of the following: i. When there is a risk that the use of the physical restraint itself will endanger the health or safety of the child or young person. ii. When the risk referred to in paragraph 1 of subsection (1) is no longer present. iii. When the physical restraint is determined to be ineffective in reducing or eliminating the risk referred to in paragraph 1 of subsection (1).
Policy
 11. (1) A service provider that uses or permits the use of physical restraint shall maintain a written policy on the use of physical restraint that includes the following information: 0.1 Protocols, applicable when a child or young person begins receiving a service, for explaining the following to the child or young person, in language suitable to their understanding and in accordance with their age and maturity, and to the child or young person’s parent or the person who placed the child: i. What constitutes a physical restraint under the Act. ii. The rules governing the use of physical restraints under the Act, including the circumstances in which the child or young person may be physically restrained and the procedures that must be followed after any such use of physical restraint. 1. Alternative interventions to physical restraint that must be considered or used to reduce or eliminate a risk referred to in paragraph 1 of subsection 10 (1). 2. The titles or positions of persons who are authorized to use physical restraint on a child or young person and the training that those persons must complete. 3. The measures that must be taken to prevent and minimize the use of physical restraint on a child or young person. 4. Protocols that must be followed in monitoring and assessing a child or young person’s condition while they are being physically restrained. 5. Protocols that must be followed during the debriefing process under section 12. O. Reg. 155/18, s. 11 (1); O. Reg. 72/22, s. 2. (2) A service provider that decides that it will not use or permit the use of physical restraint shall develop and maintain a written policy that, (a) provides that the service provider will not use or permit the use of physical restraint; and (b) sets out the rationale for the service provider’s decision not to use or permit the use of physical restraint. O. Reg. 155/18, s. 11 (2). (3) A service provider described in subsection (2) is not authorized to use or permit the use of physical restraint. O. Reg. 155/18, s. 11 (3).
Debriefing
 12. (1) A service provider that has used or permitted the use of physical restraint on a child or young person for whom it provides a service shall ensure that a debriefing is conducted in accordance with the following rules: 1. A debriefing process must be conducted among the persons who were involved in the use of the physical restraint, in the absence of any children or young persons. 2. A second debriefing process must be conducted among the persons mentioned in paragraph 1 and the child or young person on whom the physical restraint was used. 3. A third debriefing process must be offered to be conducted among any children or young persons who witnessed the use of the physical restraint and must be conducted if any such children or young persons wish to participate in the debriefing process. 4. The debriefing processes referred to in paragraphs 2 and 3 must be structured to accommodate any child or young person’s psychological and emotional needs and cognitive capacity. 4.1 During the debriefing process referred to in paragraph 2, the service provider shall ensure that, i. the reasons for which the physical restraint was used on the child or young person are explained to them, ii. the child or young person understands those reasons, and iii. the child or young person is asked whether they may require any services or supports because of the use of the physical restraint. 5. Subject to paragraph 6, the debriefing processes referred to in paragraphs 1 to 3 must be conducted within 48 hours after the use of the physical restraint. 6. If the circumstances do not permit a debriefing process to take place within 48 hours after the physical restraint is used, the debriefing process must be conducted as soon as possible after the 48-hour period referred to in paragraph 5, and a record must be kept of the circumstances which prevented the debriefing process from being conducted within the 48-hour period. 7. The service provider must record the following: i. The date and time of each debriefing, the names and, if applicable, titles of the persons involved in each debriefing and the duration of each debriefing. ii. The name of each child or young person for whom a debriefing was offered in accordance with paragraph 3 and who indicated that they did not wish to participate in the debriefing process. iii. A description of the efforts made to conduct the debriefing processes required by this section that includes the names of the persons who made those efforts. O. Reg. 155/18, s. 12; O. Reg. 72/22, s. 3 (1). (2) The service provider shall ensure that, (a) a written record is prepared setting out any information reported by the child or young person during the second debriefing process, including any information about services and supports the child or young person may require; and (b) the record is kept in the child or young person’s file. O. Reg. 72/22, s. 3 (2).
Service provider to notify parent
 13. (1) A service provider that has used or permitted the use of physical restraint on a child or young person for whom it provides a service shall notify the child or young person’s parent and, in the case of a child in care, the placing agency or person who has placed the child.  (2) Subsection (1) does not apply to a society or a licensee who holds a licence issued under Part VIII of the Act who uses or permits the use of physical restraint on a child that the society or licensee has placed for adoption.
Record re use of physical restraint
 14. (1) A service provider shall ensure that a record is created of each instance of the use of physical restraint on a child or young person, and the record shall include the following: 1. The name and age of the child or young person on whom the physical restraint was used. 2. The dates and times when physical restraint was used and the name and title of the person or persons who used it. 3. A description of the risk referred to in paragraph 1 of subsection 10 (1) that existed before the physical restraint was used. 4. A description of the alternatives to the use of physical restraint that were considered and why those alternatives were not used. 5. The type or types of physical restraint used. 6. The time period during which the physical restraint was used. 7. All documentation related to assessment and monitoring of the child or young person while they were physically restrained, including assessments of the child’s or young person’s medical condition while being physically restrained. 8. The date and time when the child or young person ceased being physically restrained. 9. Documentation relating to notification and attempted notification under section 13 of the child or young person’s parent and, in the case of a child in care, the placing agency or person who has placed the child. (2) The service provider shall keep the record in the file of the child or young person.
Monthly, annual records
 15. (1) A service provider that uses or permits the use of physical restraint shall maintain the records required by this section.  (2) The service provider shall, for every month, maintain a written record that summarizes every instance of the use of physical restraint on a child or young person for whom it provides a service, including the following for each instance: 1. The name and age of each child or young person who was physically restrained. 2. The dates and time periods during which the physical restraint was used in respect of each child or young person. 3. A description of the risk referred to in paragraph 1 of subsection 10 (1) that existed before the physical restraint was used. (3) The service provider shall make the record available to, (a) in the case of a child who is not a young person, a Director, upon request; or (b) in the case of a young person, a provincial director, upon request. (4) The service provider shall, for every month, prepare a written analysis of every instance of the use of physical restraint in order to ensure that the physical restraint was used in accordance with this Regulation. (5) The service provider shall make an analysis available to, (a) in the case of a child who is not a young person, a Director, upon request; or (b) in the case of a young person, a provincial director, upon request. (6) The service provider shall, at least once every calendar year, ensure that a written evaluation is conducted respecting, (a) the effectiveness of the policy required by subsection 11 (1); and (b) whether changes or improvements to the policies are required, particularly with respect to whether changes are required to minimize the use of physical restraint.
Training and education, licensee of a children’s residence
 16. (1) Subject to subsection (2), this section applies in respect of a licensee that operates a children’s residence or a licensee to which section 117 of Ontario Regulation 156/18 (General Matters Under the Authority of the Minister) made under the Act applies, including a licensee that does not use or permit the use of physical restraint. O. Reg. 155/18, s. 16 (1); O. Reg. 72/22, s. 4 (1). (2) This section only applies in respect of a licensee who is an individual if that individual provides direct care to a child or young person in the course of the licensee’s provision of a service to a child or young person. O. Reg. 155/18, s. 16 (2). (3) The licensee shall ensure that all persons who provide direct care to a child or young person in the course of the licensee’s provision of a service to the child or young person complete the following training on the use of physical restraint: 1. A training program that includes training in the use of physical restraint that is approved by the Minister, including training in a particular holding technique that may be used. 2. All refresher courses required by the program referred to in paragraph 1. 3. Training on the use of less intrusive intervention measures. O. Reg. 155/18, s. 16 (3). (4) The licensee shall ensure that all persons who provide direct care to a child or young person in the course of the licensee’s provision of a service to the child or young person complete education in respect of a matter described in Column 1 of the following Table within the time period set out opposite the matter in Column 2 of the Table. TABLE Item   Column 1   Matter in respect of which education is required   Column 2   Time period for completion 

  1.   The provisions of the Act and this Regulation concerning the use of physical restraint   Within 30 days after the day this section comes into force and within 30 days after any amendment to the Act or this Regulation concerning the use of physical restraint comes into force. 

  2.   The policies established by the Ministry concerning the use of physical restraint   Within 30 days after each new or revised policy established by the Ministry concerning the use of physical restraint is received by the service provider.  

  3.   The service provider’s policy concerning the use of physical restraint required under section 11   Within 30 days after each new or revised policy of the service provider required under section 11 is established or amended. O. Reg. 155/18, s. 16 (4). (5) A licensee to which section 117 of Ontario Regulation 156/18 (General Matters Under the Authority of the Minister) made under the Act applies shall ensure that all persons who provide direct care to a child in the course of the licensee’s provision of a service to the child complete education in respect of the provisions of the Act and this Regulation concerning the use of physical restraint within 30 days after the day subsection 4 (2) of Ontario Regulation 72/22 comes into force. O. Reg. 72/22, s. 4 (2).
Training and education, other service provider
 17. (1) Subject to subsection (2), this section applies in respect of a service provider that is not a licensee in respect of which section 16 applies. O. Reg. 155/18, s. 17 (1); O. Reg. 72/22, s. 5 (1). (2) This section only applies in respect of a service provider who is an individual if that individual provides direct care to a child or young person in the course of the service provider’s provision of a service to the child or young person. O. Reg. 155/18, s. 17 (2). (3) Except in the case of a service provider that does not use or permit the use of physical restraint, the service provider shall ensure that all persons who provide direct care to a child or young person in the course of the service provider’s provision of a service to the child or young person, including foster parents, complete the following training: 1. A training program that includes training in the use of physical restraint that is approved by the Minister, including training in a particular holding technique that may be used. 2. All refresher courses, if any, that are required by the training referred to in paragraph 1. 3. Training on the use of less intrusive intervention measures. O. Reg. 155/18, s. 17 (3); O. Reg. 72/22, s. 5 (2). (4) The service provider shall ensure that all persons who provide direct care to a child or young person in the course of the service provider’s provision of a service to the child or young person, including foster parents, complete education in respect of each matter described in Column 1 of the Table to subsection 16 (4) within the time period set out opposite the matter in Column 2 of the Table. O. Reg. 155/18, s. 17 (4).
Person who commences providing direct care
 18. Despite the requirements set out in sections 16 and 17 with respect to education, if a person commences providing direct care to a child or young person in the context of a service provider’s provision of a service to that child or young person, the service provider shall ensure that the person completes education required by the applicable section within 30 days after the person commences providing direct care.
Records re training and education
 19. (1) The service provider shall maintain a written record of the training and education provided to each person in accordance with section 16, 17 or 18, the date the training and education was provided and the details of the training and education.  (2) The service provider shall make the record available to a Director upon request.
Assessment re education
 20. (1) This section applies to a service provider each time a person, including the service provider, who provides direct care to a child or young person in the course of the service provider’s provision of a service to a child or young person, is required to complete education requirements under section 16, 17 or 18. (2) The service provider shall ensure that each time the person is required to complete an education requirement under section 16, 17 or 18, and at least on an annual basis, the person is immediately assessed after their completion of the education requirement to determine their understanding of and ability to apply the education. (3) If the assessment identifies a deficiency in a person’s understanding of and ability to apply the matters in respect of which education is required, the service provider shall ensure that the person completes additional education until their understanding of and ability to apply the education is satisfactory. (4) The service provider shall ensure that a written record is prepared of the date on which each assessment took place and the results of the assessment, including whether or not the person’s understanding of and ability to apply the education is satisfactory for the purposes of paragraph 6 of subsection 10 (1). (5) The service provider shall make the record available to a Director upon request. Use of Mechanical Restraint – Section 7 of the Act
Use of Mechanical Restraint – Section 7 of the Act
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Provision of information re use of mechanical restraints
 21.2 (1) A service provider shall, in accordance with this section, provide a child or young person to whom it provides a service, or their parent, the information set out in subsection (3) or (4), as the case may be, about the service provider’s use of mechanical restraints. O. Reg. 72/22, s. 7. (2) A service provider shall provide the information at the following times: 1. Upon the child or young person beginning to receive the service, 30 days after that date, 90 days after that date, 180 days after that date and subsequently at intervals of 180 days. 2. In between the intervals referred to in paragraph 1, if the child or young person requests a review of the information or the service provider is of the opinion that the child or young person would benefit from such a review. O. Reg. 72/22, s. 7. (3) In the case of a service provider that uses or permits the use of mechanical restraints in accordance with section 21, the service provider shall provide a description of the following to the child or young person or their parent: 1. The circumstances in which a mechanical restraint may be used on the child or young person under this Regulation. 2. Any steps that may be taken by the service provider when the mechanical restraint is being used. 3. A description of the type of mechanical restraint that may be used. 4. How the use of the mechanical restraint would comply with the child or young person’s plan of treatment or plan for the use of a PASD, as the case may be. O. Reg. 72/22, s. 7. (4) In the case of a service provider that does not use or permit the use of mechanical restraints, the service provider shall inform the child or young person, or their parent, of that fact. O. Reg. 72/22, s. 7. (5) A service provider that uses or permits the use of mechanical restraints in accordance with section 21 shall develop and maintain policies for providing information as required by this section, which must provide that, (a) the service provider consider the age and maturity of the child or young person to whom the information is to be provided; and (b) the information to be provided relate to the specific type of mechanical restraint that may be used. O. Reg. 72/22, s. 7. Complaints Procedure
Complaints Procedure
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Debriefing
 23.1 After a complaint has been reviewed according to the complaints procedure referred to in section 22 or 23, the service provider shall ensure that a debriefing is conducted in accordance with the following rules: 1. A debriefing process must be conducted with the persons to whom the complaint relates, in the absence of any children or young persons. 2. A second debriefing process must be conducted with the child or young person who made, or is the subject of, the complaint, in the absence of the persons to whom the complaint relates. If requested by the child or young person, the debriefing shall also include an adult identified by the child or young person as a support person. 3. A third debriefing process must be offered to be conducted with any children or young persons who witnessed any conduct that gave rise to the complaint and must be conducted if any such children or young persons wish to participate in the debriefing process. 4. The debriefing processes referred to in paragraphs 2 and 3 must, i. be structured to accommodate any child or young person’s psychological, communication and emotional needs and cognitive capacity, and ii. be focused on understanding the experiences of the child or young person that led to the complaint being made as well as what the service provider can do to better meet the needs of the child or young person. 5. Subject to paragraph 6, the debriefing processes referred to in paragraphs 1 to 3 must be conducted within seven days after the complaint has been reviewed. 6. If the circumstances do not permit a debriefing process to take place within seven days after the complaint has been reviewed, the debriefing process must be conducted as soon as possible after the seven-day period referred to in paragraph 5, and a record must be kept of the circumstances which prevented the debriefing process from being conducted within the seven-day period. 7. The service provider must record the following: i. The date and time of each debriefing, the names and, if applicable, titles of the persons involved in each debriefing and the duration of each debriefing. ii. The name of each child or young person for whom a debriefing was offered in accordance with paragraph 3 and who indicated that they did not wish to participate in the debriefing process. iii. A description of the efforts made to conduct the debriefing processes required by this section that includes the names of the persons who made those efforts. O. Reg. 72/22, s. 10.
Reviews respecting complaints and complaints procedures
 23.2 (1) A service provider shall ensure that, at least once every 12 months, a written evaluation is conducted of the service provider’s written complaints procedure under subsection 18 (1) of the Act or section 23 of this Regulation, as the case may be, in order to assess,   (a) the effectiveness of the written complaints procedure; and (b) the need for any changes to the procedures to improve their effectiveness. O. Reg. 72/22, s. 10. (2) The service provider shall, on or before the fifth day of every month, (a) prepare, for the previous month, a written analysis of every complaint received pursuant to the complaints procedure and the results of the review to determine whether any changes are required to the manner in which a service provider respects the rights of children and young persons when providing a service; and (b) provide the written analysis to, (i) in the case of a child who is not a young person, a Director, or (ii) in the case of a young person, a provincial director. O. Reg. 72/22, s. 10. Directives for Lead Agencies and Service Providers
Directives for Lead Agencies and Service Providers
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Minister’s directives
 23.3 The following matters are prescribed for the purposes of subsection 32 (2) of the Act: 1. Policies and procedures to protect the health of children and young persons receiving services. O. Reg. 72/22, s. 11. Lead Agencies – Child and Youth Mental Health
Lead Agencies – Child and Youth Mental Health
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Category established
 24. The category of Child and Youth Mental Health is established as a category of lead agencies for the purposes of subsection 30 (4) of the Act.
Functions
 25. The functions of a lead agency assigned by the Minister under subsection 30 (4) of the Act to the category of Child and Youth Mental Health are the following: 1. To support the Ministry and work closely with the Ministry and service providers in addressing issues relating to the delivery of services within the child and youth mental health system in the geographic area served by the lead agency. 2. To develop plans referred to in section 26 with respect to the geographic area served by the lead agency in accordance with section 26 and to provide leadership on the implementation of local priorities respecting child and youth mental health as set out in the plans. 3. To provide leadership, including through collaboration with service providers, community providers, youth and families, with respect to services funded by the Minister within the child and youth mental health system. 4. To inform the Ministry’s stewardship of the child and youth mental health system, including providing the Ministry with recommendations relating to the Ministry’s decisions regarding services funded by the Minister within the child and youth mental health system. 5. To advise on, participate in and contribute to effective performance of services funded by the Minister within the child and youth mental health system and to collaborate with partners to inform effective performance within the system. 6. To advise on, participate in and contribute to the development of strategies for continuous quality improvement within the services funded by the Minister within the child and youth mental health system and to collaborate with partners to inform the development of strategies for continuous quality improvement within the system. 7. To provide information to the Ministry to inform the establishment of provincial priorities respecting child and youth mental health. 8. To advise the Ministry on matters that affect children and youth with mental health issues across all services provided to children and youth.
Child and youth mental health plans
 26. (1) In order to inform the Ministry and service providers, community providers, youth and families with respect to the child and youth mental health system in the geographic area served by a lead agency, each lead agency shall develop child and youth mental health plans in respect of the geographic area served by the lead agency. (2) The plans shall address such matters as may be specified by the Ministry and shall be prepared in the manner specified by the Ministry. (3) The lead agency shall ensure that, (a) the plans include reference to the needs and perspectives of children, youth and families and diverse populations within the geographic area, including but not limited to the perspectives of Francophone communities and First Nations, Inuit and Métis peoples; and (b) the plans are developed through a collaborative process that considers the needs and perspectives of service providers and community providers, including all providers of services to children and youth, including health and education services. (4) In order to address identified gaps between services provided and identified priorities within the geographic area, the lead agency shall ensure that the plans include such recommendations as the lead agency considers to be appropriate to the Ministry with respect to the following: 1. Funding by the Minister of various services within the child and youth mental health system, including funding provided to service providers. 2. Adjustments to service targets and the number of services funded by the Minister within the child and youth mental health system.
Minister’s directives
 27. For the purposes of subsection 32 (2) of the Act, the Minister may issue directives to lead agencies in the category of Child and Youth Mental Health with respect to the following: 1. Financial and administrative matters related to the functions set out in section 25. 2. The performance of the functions set out in section 25. Board Review of Placement
Board Review of Placement
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New community listed, Board review already commenced
 28. (1) This section applies in respect of any review conducted by the Board under section 66 of the Act if, (a) a new First Nations, Inuit or Métis community is listed in a regulation made under subsection 68 (1) of the Act after the Board begins to conduct its review but before it has made a determination in respect of the review; and (b) the new First Nations, Inuit or Métis community listed is one of the child’s communities. (2) Subject to subsection (3), if the Board is holding a hearing as part of the review and has completed the hearing on or before the day the new First Nations, Inuit or Métis community is listed but has not made a determination in respect of the review on or before that day, clause 66 (4) (c) of the Act does not apply in respect of the new community and the parties to the review are those who were parties immediately before the new community was listed. (3) Subsection (2) does not apply if the Board is satisfied that it would be in the best interests of the child for clause 66 (4) (c) of the Act to apply and makes an order to that effect. Child Protection – General
Child Protection – General
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Power of entry
 29. A person entering a premises under subsection 81 (11) or 86 (3) of the Act shall produce identification, including evidence of appointment or authorization, as the case may be, on request of the occupier.
Application for telewarrant for access to record
 30. (1) To apply for a warrant under section 132 of the Act, a Director or a person designated by a society may, instead of submitting to the justice an information on oath, submit to the justice by fax an information that is not on oath but that includes a written statement, signed by the Director or the person designated by the society, stating that all matters contained in the information are true to their knowledge and belief. (2) A written statement described in subsection (1) shall be deemed to be a statement made under oath. (3) A justice who receives by fax an information described in subsection (1) shall, as soon as practicable, cause the information, certified by the justice as to the place, time and date of its receipt, to be filed with the clerk of the court having jurisdiction in the area where the warrant is to be executed. (4) A justice who issues a warrant under subsection 132 (3) of the Act on the basis of an information submitted by fax under subsection (1) shall, (a) complete and sign the warrant, noting on its face the date on which, and the time and place at which, it was issued; (b) send the warrant by fax to the Director or person designated by a society who submitted the information; and (c) as soon as practicable after the warrant is issued, cause it to be filed with the clerk of the court having jurisdiction in the area where the warrant is to be executed.
Exemptions, licensing requirement re place of safety
 31. (1) Subject to subsection (3), a society is exempt from the requirement for a licence under section 244 of the Act in respect of the provision of residential care in a person’s home for up to 60 days after a child has been placed in the person’s home. O. Reg. 155/18, s. 31 (1). (2) Subject to subsection (3), a person is exempt from the requirement for a licence under section 244 of the Act in respect of the provision of residential care in the person’s home for up to 60 days after a child has been placed in the person’s home by a society. O. Reg. 155/18, s. 31 (2). (3) The exemption in subsection (1) or (2) applies only if the society is satisfied that the person whose home is being used for the provision of residential care is willing and able to provide a place of safety for the purposes of subsection 74 (4) of the Act. O. Reg. 155/18, s. 31 (3). (4) Despite subsections (1) and (2), if the 60-day period referred to in those subsections expires during the emergency, the exemption provided for in those subsections is extended until the end of the 60th day following the day on which the emergency is terminated. O. Reg. 207/20, s. 1. (5) In subsection (4), “emergency” means the emergency declared by the Lieutenant Governor in Council on March 17, 2020 under section 7.0.1 of the Emergency Management and Civil Protection Act
in the whole of the Province of Ontario as a result of the outbreak of the coronavirus (COVID-19). O. Reg. 207/20, s. 1.
Application for review of proposed removal of a child in extended society care
 32. (1) An application requesting a review of a proposed removal under subsection 109 (8) of the Act shall be submitted in writing to the Board. (2) For the purposes of subsection 109 (11) of the Act, the following additional practices and procedures are prescribed: 1. Within seven days of receipt of an application for a review under subsection 109 (8) of the Act, the Board shall give the applicant written notice of whether the applicant is eligible for a review under section 109 of the Act. 2. If the Board determines that the applicant is eligible for a review, the notice referred to in paragraph 1 shall set out the date and time of the hearing and shall be sent to all parties. 3. The application for review shall be heard by the Board within 20 days of the day the applicant received notice of eligibility under paragraph 1. 4. A decision and reasons under subsection 109 (15) of the Act shall be sent to all parties no later than 10 days after the end of a hearing. (3) Notice under subsection (2) may be given by regular mail or by fax. (4) If notice is sent by regular mail, it shall be sent to the most recent address known to the society and is deemed to be received by the applicant on the fifth day after it is mailed. (5) If notice is sent by fax, it is deemed to be received on the day after it is sent, unless that day is a holiday, in which case the copy is deemed to be received on the next day that is not a holiday.