Complaints procedure re residential care, placements
 22. (1) A service provider who provides residential care to children or young persons or who places children or young persons in residential placements shall ensure that their written complaints procedure under subsection 18 (1) of the Act meets the requirements of this section. O. Reg. 155/18, s. 22 (1). (2) The written procedure shall set out, (a) how a child in care may make a complaint, either verbally or in writing, with respect to alleged violations of the rights of the child in care under Part II of the Act to, (i) a staff member or a foster parent, either in private or in the presence of other children or young persons, and (ii) the service provider or a person designated by the service provider; (b) how the parent of a child in care or other person representing the child in care may make a complaint, either verbally or in writing, with respect to alleged violations of the rights of the child in care under Part II of the Act to, (i) a staff member or a foster parent, and (ii) the service provider or a person designated by the service provider; (c) how an individual affected by conditions or limitations on visitors imposed under subsection 11 (1) of the Act may make a complaint, either verbally or in writing, respecting those conditions or limitations to, (i) a staff member, and (ii) the service provider or a person designated by the service provider; and (d) how an individual affected by the suspension of visits to a facility under subsection 11 (2) of the Act may make a complaint, either verbally or in writing, respecting the suspension to, (i) a staff member, and (ii) the service provider or a person designated by the service provider. O. Reg. 155/18, s. 22 (2). (3) In addition to the requirements set out in the Act, the written procedure shall, (a) require a staff member, a foster parent or the service provider to make a record of any complaint described in clause (2) (a), (b) or (c) that is made verbally; (b) set out timelines for responding to a complaint, including a requirement that the service provider or a person designated by the service provider must provide an acknowledgement of a complaint within 24 hours of receiving it; (c) require the service provider to, within 24 hours of receiving a complaint, determine what, if any, immediate action can be taken to respond to the complaint and what, if any, supports the child in care or the person making the complaint may require in order to participate in the complaints review process; (d) require the service provider, until the results of a complaints review have been provided under subsection 18 (4) of the Act to the person who made the complaint, to provide an update to the person on the status of the review, (i) if requested by the person, and (ii) at such other times as necessary to ensure that the person receives an update on the review no later than 15 days after the service provider receives the complaint and subsequently at intervals of no more than 15 days; (e) set out a process for complaints received to be considered and responded to by a person other than a person in respect of whom the complaint is made; (f) require the service provider to document the details of the complaint and the steps taken in response to the complaint in the file of the child or young person in respect of whose rights the complaint is made; (g) require the service provider to make reasonable efforts to ensure that any person who is informed of the results of the complaints review understands those results; and (h) if it is determined during the review that there has been a violation of the rights of a child in care under Part II of the Act, require the service provider to determine whether there are any measures that could be implemented to prevent the same violation from recurring and implement any such measures. O. Reg. 155/18, s. 22 (3); O. Reg. 72/22, s. 8 (1, 2). (4) The requirements in clauses (3) (b), (c) and (d) do not apply in respect of the person who made the complaint if the complaint was made anonymously. O. Reg. 72/22, s. 8 (3). (5) A service provider referred to in subsection (1) shall ensure that, (a) a version of the written procedure is prepared that sets out the aspects of the written procedure relevant to making a particular type of complaint referred to in subsection (2) in language suitable to the understanding of the individuals who are entitled to make that type of complaint; and (b) that version is made available to the public. O. Reg. 72/22, s. 8 (3). (6) After preparing a document under clause (3) (f) in relation to a complaint about the violation of a child’s rights, a service provider referred to in subsection (1) shall provide the document to, (a) if the complaint relates to an alleged violation of the child’s rights by a service provider providing residential care to the child, the child’s placing agency or person who placed the child, unless the service provider that prepared the document is the placing agency; or (b) if the complaint relates to an alleged violation of the child’s rights by a placing agency, the service provider providing residential care to the child, unless the service provider that prepared the document is the service provider providing residential care to the child. O. Reg. 72/22, s. 8 (3).