jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
 1. In this Regulation, “child and family service authority” means a First Nations, Inuit or Métis child and family service authority designated under section 70 of the Act; (“fournisseur de services aux familles et aux enfants”) “Child Protection Fast Track Information System” means the database containing information extracted from the records kept by societies respecting children and families with whom the societies have had contact in connection with their function under clause 35 (1) (a) of the Act; (“Système Info express pour la protection de l’enfance”) “Child Protection Standards” means the Ministry publication titled “Ontario Child Protection Standards (2016)” and available on a website of the Government of Ontario; (“Normes de protection de l’enfance”) “child welfare service” means, (a) residential care, (b) a service provided under Part V (Child Protection) of the Act, or (c) a service provided under Part VIII (Adoption and Adoption Licencing) of the Act. (“service de bien-être de l’enfance”)
Interpretation, identity characteristics
 2. In this Regulation, a reference to a child’s identity characteristics means a reference to the child’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. Providing Services to Children, Young Persons and Families
Providing Services to Children, Young Persons and Families
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Service provider to take into account matters
 3. (1) A service provider shall, in making a decision about a child that materially affects or is likely to materially affect the child’s interests, take into account the child’s identity characteristics and regional differences. (2) In addition to complying with subsection (1), when providing services to First Nations, Inuit or Métis children and their families, a service provider shall take into account the child’s cultures, heritages, traditions, connection to community and the concept of the extended family. (3) The service provider shall document how it took into account the matters mentioned in subsections (1) and (2).
Resource person
 5. (1) A child who is offered an opportunity as described in clause 4 (5) (e) or an individual who is offered an opportunity as described in subclause 4 (5) (f) (iv) may name an individual as a resource person whose role, on a voluntary basis, is, (a) to assist the service provider in taking into account one or more identity characteristics of the child or regional differences when making a decision that will materially affect or may materially affect the child’s interests; and (b) in the case of a First Nations, Inuk or Métis child, to assist the service provider in taking into account the child’s cultures, heritages, traditions, connection to community and the concept of the extended family in relation to any aspect of providing services to the child and the child’s family. (2) Subject to subsection (3), if an individual is named as a resource person, the service provider shall do the following: 1. As soon as practicable, contact the resource person for the purposes of, i. informing the resource person of the types of decisions, if any, that the service provider reasonably anticipates needing to make with respect to the child that would or would be likely to materially affect the child’s interests, and ii. receiving any information the resource person wishes to provide to the service provider for the purposes described in subsection (1). 2. Subject to subsection (4), make reasonable efforts to be available to the resource person when the resource person contacts the service provider. 3. Contact the resource person at any time when the service provider is making a decision that would or would be likely to materially affect the child’s interests and receive any information the resource person wishes to provide for the purposes described in subsection (1). (3) If the child or individual who named the resource person subsequently indicates to the service provider that they no longer wish for that resource person to be contacted, or if a person named as a resource person declines to act or to continue acting in that role, the service provider shall cease contacting the resource person and shall ask the child or individual who named that resource person whether they wish to name another resource person. (4) The service provider may, as the service provider considers to be appropriate, determine the times, places and methods of communicating with a resource person. (5) The service provider shall document the steps it took to comply with this section, including the information it provided and received and how it took into account information under this section.
First Nations, Inuk or Métis child — complementary services
 6. (1) A service provider who is providing a service to a First Nations, Inuk or Métis child shall make reasonable efforts to determine whether there are services, programs or activities that may complement the service and support the objectives of the service or that would further the additional purpose set out in paragraph 6 of subsection 1 (2) of the Act with respect to the child that are offered or recommended by, (a) any of the child’s bands or First Nations, Inuit or Métis communities; or (b) if the child does not have a band or First Nations, Inuit or Métis community, an organization that is closely linked to the child’s cultures, heritages and traditions. (2) If the service provider determines that such a service, program or activity is available, the service provider shall, (a) ask the child if the child wishes to receive the service or participate in the program or activity; and (b) if so, make reasonable efforts to facilitate the child 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 took to comply with this section.
Training
 7. (1) A service provider shall, no later than January 1, 2019, ensure that the following persons are provided with training with respect to the matters set out in subsection (2): 1. Any person who, in the course of their employment with the service provider or otherwise on behalf of the service provider, makes decisions that may materially affect a child’s interests. 2. Any person who, in the course of their employment with the service provider or otherwise on behalf of the service provider is involved in providing services to a First Nations, Inuk or Métis child. (2) The matters referred to in subsection (1) are identity characteristics, regional differences, and First Nations, Inuit and Métis cultures, heritages, traditions, connection to community and the concept of the extended family. (3) A service provider shall ensure that any person mentioned in paragraphs 1 and 2 of subsection (1) who has not previously received training with respect to the matters set out in subsection (2) receives the training within eight months after beginning to make decisions as described in paragraph 1 of subsection (1) or being involved in providing services as described in paragraph 2 of subsection (1).
Procedures
 8. A service provider shall, no later than January 1, 2019, maintain written procedures reflecting the requirements set out in sections 3 to 7 and shall make them available to any person mentioned in paragraphs 1 and 2 of subsection 7 (1). Financial Records of Societies
Financial Records of Societies
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Books of account
 9. (1) A society shall keep books of account that set out, (a) the revenue and expenditures of the society, itemized according to each service provided by the society; and (b) money received by the society from sources other than under the Act. (2) Each book of account shall be kept for at least eight years from the date of the last entry in the book for a particular year.
Audit of books of account
 10. (1) A society shall ensure that the books of account mentioned in section 9 are audited annually by a public accountant who is licensed or holds a certificate of authorization under the Public Accounting Act, 2004 who is not a member of the Board or an employee of the society or an employee of a corporation with which the society may have a non-arm’s length relationship. (2) A society shall ensure that the public accountant who is licensed or holds a certificate of authorization under the Public Accounting Act, 2004 prepares a report in respect of the audit in accordance with Canadian generally accepted auditing standards as set out in the CPA Canada Handbook published by the Chartered Professional Accountants (CPA) Canada, as amended from time to time. (3) In subsection (1), “non-arm’s length relationship” means a relationship between two parties such that one party has the ability to exercise, directly or indirectly, control or significant influence over the operating and financial decisions of the other party.
Information to be provided to Minister
 11. (1) A society shall provide to the Minister, on or before the last day of the fourth month following the end of its fiscal year, (a) the report mentioned in subsection 10 (2); (b) the annual financial statement of the society; and (c) a reconciliation report, prepared in the manner specified by the Minister, including a calculation of the financial assistance payable by Ontario, the actual payments made by Ontario with respect to the fiscal year and a calculation made of the balance that may be owing by or repayable to Ontario. (2) A society shall provide to the Minister, on a monthly or quarterly basis as specified by the Minister, a financial report prepared in the manner specified by the Minister that includes statistics on the services provided by the society. (3) A society shall provide to the Minister an annual report, prepared in the manner specified by the Minister, on expenditures and revenues of each children’s residence licensed under Part IX of the Act that is operated by the society. Budgets and Accountability Agreements
Budgets and Accountability Agreements
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Budget allocation and spending plan
 12. (1) The Minister shall determine an approved budget allocation for each society in accordance with a funding model developed by the Minister and provide the approved budget allocation to each society on a date fixed by the Minister. (2) After receiving its approved budget allocation, each society shall submit to the Minister, on or before a date specified by the Minister, a plan for spending the budget allocation, prepared in the manner specified by the Minister. (3) A society’s plan for spending the budget allocation shall provide for spending that does not exceed its approved budget allocation.
Payments, adjustments
 13. (1) An amount paid to a society under subsection 40 (1) of the Act shall not exceed the amount of its approved budget allocation. (2) Before the budget allocation of a society has been approved for its fiscal year, amounts may be paid to it under subsection 40 (1) of the Act for that fiscal year based on the approved budget allocation for the preceding year. (3) An amount paid under subsection 40 (1) of the Act may be adjusted by the Minister upon receipt of the annual financial statement and the reconciliation report of the society. (4) The amount of an adjustment to an approved budget allocation, (a) shall be refunded by the society to Ontario when Ontario so requests; or (b) shall be taken into account in determining the approved budget allocation for the subsequent fiscal year.
Expenditure limit
 14. A society shall expend its approved budget allocation solely in performing its functions under subsection 35 (1) of the Act.
Accountability agreements
 15. For the purposes of subsection 41 (4) of the Act, an accountability agreement entered into between a society and the Minister may include terms, (a) requiring the society to report to the Minister, in the manner specified by the Minister, such information as the Minister may request within the time period specified by the Minister; (b) requiring the society to meet performance goals, objectives and obligations set out in the agreement; (c) requiring the society to meet performance standards, targets and measures set out in the agreement; (d) requiring the society to comply with a performance management process for the society, as described in the agreement; and (e) requiring the society to comply with such other terms related to service quality, good governance, fiscal responsibility and achieving value for money through efficient and effective service delivery, as determined to be necessary by the Minister.
Summary of compliance order against society
 16. (1) For the purposes of clause 43 (4) (b) of the Act, the summary of an order shall include the following information:  1. The name of the society against whom the order was made. 2. The date the order was made. 3. The nature of the non-compliance resulting in the order. (2) The summary of an order shall be posted on the Ministry’s website no later than 60 days after the order is made and shall remain on the website for a period of at least 12 months after the day on which it is posted. Society Staff Qualifications
Society Staff Qualifications
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17.
 17. (1) A local director shall be an individual who meets one of the following sets of criteria: 1. The individual meets both of the following criteria: i. The individual has, A. a
professional degree in social work from a school of social work in Canada that is accredited by the Canadian Association for Social Work Education — Association Canadienne pour la formation en travail social, or B. an educational degree, which in the opinion of the Ontario College of Social Workers and Social Service Workers is equivalent to a degree described in sub-subparagraph A. ii. The individual is a member of the Ontario College of Social Workers and Social Service Workers who holds a general certificate of registration for social work and has at least three years of professional experience working in a child welfare service. 2. The individual has educational qualifications and professional experience that are, in the opinion of the Minister, suitable for the position. 3.  Revoked: O. Reg. 156/18, s. 143 (1). O. Reg. 156/18, ss. 17 (1), 143 (1). (2) An individual who is qualified under paragraph 1 of subsection (1) to be a local director must, at all times during the appointment as local director, hold a general certificate of registration for social work issued by the Ontario College of Social Workers and Social Service Workers. O. Reg. 156/18, s. 17 (2). (3), (4) Revoked: O. Reg. 156/18, s. 143 (2).
18.
 18. (1) A society child welfare service supervisor shall be an individual who, (a) has a professional degree in social work from a school of social work in Canada that is accredited by the Canadian Association for Social Work Education - Association Canadienne pour la formation en travail social, or a diploma in social service work; or (b) has educational qualifications and experience that are, in the opinion of the local director, suitable for the position of supervising child protection workers and other persons employed by the society in providing a child welfare service. (2) For the purposes of the definition of “child protection worker” in subsection 74 (1) of the Act, the prescribed requirement is that the person must be an employee of a society. Service Providers and Lead Agencies
Service Providers and Lead Agencies
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19.
 19. (1) A service provider or a lead agency may apply to the Minister, in the manner specified by the Minister, for funding for the establishment, management, operation, location, construction, alteration or renovation of buildings in which services are provided. (2) The Minister shall assess the application, taking into consideration such factors as the Minister considers to be appropriate, which may include whether the proposed funding would align with current government policy, ministry priorities for programs and services funded under the Act and whether the proposed funding would achieve value for money. (3) The Minister shall, as the Minister considers to be appropriate, (a) approve the application, which approval may be subject to such conditions and amendments to the amount of funding as the Minister considers to be appropriate; or (b) refuse to approve the application.
20.
 20. (1) For the purposes of clause 33 (4) (b) of the Act, the summary of an order shall include the following information:  1. The name of the service provider or lead agency against whom the order was made. 2. The date the order was made. 3. The nature of the non-compliance resulting in the order. (2) The summary of an order shall be posted on the Ministry’s website no later than 60 days after the order is made and shall remain on the website for a period of at least 12 months after the day on which it is posted. Determination of Bands or First Nations, Inuit or Métis Communities with which a Child Identifies
Determination of Bands or First Nations, Inuit or Métis Communities with which a Child Identifies
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21.
 21. The bands or First Nations, Inuit or Métis communities with which a First Nations, Inuk or Métis child identifies, if any, are determined in accordance with the following rules:  1. If the views of the child can be ascertained, the bands or First Nations, Inuit or Métis communities with which the child identifies are any bands or First Nations, Inuit or Métis communities with which the child indicates that they identify. 2. If the views of the child cannot be ascertained, the bands or First Nations, Inuit or Métis communities with which the child identifies are any bands or First Nations, Inuit or Métis communities that a parent of the child indicates are bands or communities with which the child identifies.
22.
 22. The Minister shall not list a community as a First Nations, Inuit or Métis community for the purposes of the Act unless the following requirements are met:  1. The community must be a community of either First Nations, Inuit or Métis peoples with shared culture, heritage and traditions. 2. The community must have established a representative governing body. 3. The community’s representative governing body must have requested that the Minister list the community in the regulation. Consultation with Bands and First Nations, Inuit or Métis Communities
Consultation with Bands and First Nations, Inuit or Métis Communities
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23.
 23. (1) A society shall provide a written invitation described in subsection (2) to each band and each First Nations, Inuit or Métis community that is wholly or partially located within the territorial jurisdiction of the society. (2) The invitation shall include an offer by the society to discuss with the band or First Nations, Inuit or Métis community the establishment of a written agreement between the society and the band or community setting out how consultations under sections 72 and 73 of the Act will be carried out. (3) The society may provide the invitation by any method of delivery as long as the society obtains a record confirming delivery and keeps the record. (4) The society shall provide the invitation to each band and First Nations, Inuit or Métis community at least every six months, except if a written agreement described in subsection (2) is in effect between the society and the band or community. (5) If any band or First Nations, Inuit or Métis community requests that the society discuss with the band or community the establishment of or an amendment to a written agreement described in subsection (2), the society shall engage in the discussions.
24.
 24. A society shall take reasonable steps to keep an updated record of the contact information that each band or First Nations, Inuit or Métis community wishes the society to use for providing notice of a matter in respect of which the society is required to consult with the band or community under section 72 or 73 of the Act.
25.
 25. (1) For the purpose of consulting as required under section 73 of the Act with a representative chosen by each of a child’s bands and First Nations, Inuit or Métis communities, a society shall provide notice to each representative regarding the prescribed service or power in respect of which the consultation is required. (2) The notice shall include the following information: 1. A description of the service proposed to be provided or the power proposed to be exercised in relation to the child. 2. The society’s estimated timeline for providing the service or exercising the power, based on information available to the society. 3. An invitation to consult with respect to the service proposed to be provided or the power proposed to be exercised.
26.
 26. (1) Subject to subsection (2), a notice under section 25 shall be given verbally or in writing. (2) If the band or First Nations, Inuit or Métis community has entered into an agreement with the society regarding the manner of giving notice, the notice shall be given in the manner agreed upon. (3) If a notice is provided verbally, the society shall record the date and time of the notice and the name and role of the person to whom the notice was given and shall keep the record. (4) If a notice is provided in writing, the society shall obtain a record confirming delivery and keep the record. (5) The following rules apply in respect of a notice under section 25: 1. Subject to paragraph 2, the society shall give the notice before providing the service or exercising the power in respect of which the consultation is required. 2. If it is impracticable in the circumstances to give the notice as required in paragraph 1, the notice shall be given in accordance with the following rules: i. If the band or First Nations, Inuit or Métis community is wholly or partially located within the territorial jurisdiction of the society, the notice shall be given no later than one business day following the day on which the service is provided or the power is exercised. ii. If the band or First Nations, Inuit or Métis community is not wholly or partially located within the territorial jurisdiction of the society, the notice shall be given no later than two business days following the day on which the service is provided or the power is exercised. 3. If, in the opinion of the society, it would be expedient to do so, a single notice may be given in respect of the provision of multiple services and the exercise of multiple powers, if the services are expected to be provided and the powers are expected to be exercised within the same 14-day period and if no agreement entered into between the band or First Nations, Inuit or Métis community and the society provides otherwise.
27.
 27. If a band or First Nations, Inuit or Métis community responds to a notice and indicates that it wishes to engage in consultation on the matter referred to in the notice, the society shall engage in the consultation within the next two business days following the society’s receipt of the response, unless the band or community agrees to the consultation occurring on a later date.
28.
 28. A society shall document how the society complied with each of sections 23 to 27 or, if the society did not comply with any of those sections, the reasons for not complying.
29.
 29. (1) The following services provided by a society and powers exercised by a society are prescribed for the purposes of section 73 of the Act: 1. The service of developing a safety plan as described in the Child Protection Standards. 2. The service of developing a service plan as described in the Child Protection Standards. 3. The power to determine that the disposition of an investigation as described in the Child Protection Standards is to transfer a case to ongoing services. 4. The service of conducting a case review and evaluation as described in the Child Protection Standards. 5. Subject to subsection (2), the power to choose a residential placement for a child. 6. Subject to subsection (3), the power to remove a child from a foster home or other residential placement. 7. The power to continue a child’s placement following removal of the child as described in paragraph 6, if the child’s placement changed before notice was provided or before any consultation could occur. 8. The power to decide to recommend that a case be transferred to another society. 9. Subject to subsection (4), the service of developing a plan to transition a child from being in a society’s care to living independently. 10. The power to decide to terminate child protection services as described in the Child Protection Standards. (2) The power described in paragraph 5 of subsection (1) is not prescribed if, (a) section 39 applies; or (b) the placement is under Part VIII of the Act. (3) The power described in paragraph 6 of subsection (1) is not prescribed if, (a) subsection 109 (7) of the Act applies; (b) the child is to be placed by a society under Part VIII of the Act; or (c) clause 192 (2) (c) of the Act applies. (4) The service described in paragraph 9 of subsection (1) is prescribed only if the child who is the subject of the plan consents to the consultation under section 73 of the Act. Child Protection Service Requirements for Referrals, Investigations and Ongoing Service
Child Protection Service Requirements for Referrals, Investigations and Ongoing Service
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30.
 30. Within 24 hours after receiving information that a child is or may be in need of protection, a society shall, (a) record the information it received; (b) assess the information it received in accordance with the Child Protection Standards; (c) record the assessment made under clause (b); (d) search the Child Protection Fast Track Information System for information that may be relevant in determining whether or not there are reasonable and probable grounds to believe that the child or any other child in the same family is in need of protection; (e) record the information found under clause (d) that may be relevant; (f) decide, in accordance with the Child Protection Standards, whether or not a child protection investigation should be initiated with respect to the child or any other child in the same family; (g) record the decision made under clause (f); (h) if the decision made under clause (f) is that a child protection investigation should be initiated, (i) determine, in accordance with the Child Protection Standards, the time within which a child protection worker should first meet with the child and family who are the subject of the investigation, and (ii) develop, in accordance with the Child Protection Standards, a plan for carrying out the investigation; and (i) record the determination made under subclause (h) (i).
31.
 31. When conducting a child protection investigation, a society shall ensure that the following procedures are carried out in accordance with the Child Protection Standards: 1. The child protection worker conducts a thorough review of all current and historical information known about the child and family. 2. The child protection worker carries out the investigative steps. 3. The child protection worker records the investigative steps. 4. When the child protection worker first meets with the child and family who are the subject of the investigation, the worker conducts a safety assessment and takes the actions that are immediately necessary to protect the child. 5. As soon as possible and no later than five days after the first meeting referred to in paragraph 4, the child protection worker records the safety assessment conducted under paragraph 4 and the safety plan, if any, the worker has implemented under paragraph 4 to protect the child. 6. The child protection worker carries out a risk assessment before the completion of the investigation.
32.
 32. (1) After completing a child protection investigation, a society shall, (a) record the findings of the investigation; (b) determine, in accordance with the Child Protection Standards, whether or not the child who was the subject of the investigation is in need of protection; and (c) record the determination made under clause (b) and the reasons for it. (2) If the determination made by the society under clause (1) (b) is that the child who was the subject of the investigation is in need of protection, the society shall, (a) carry out, in accordance with the Child Protection Standards, a family and child strengths and needs assessment; (b) develop and carry out, in accordance with the Child Protection Standards, a plan for reducing the risk of future harm to the child who is believed to be in need of protection; and (c) record the assessment carried out under clause (a), the plan developed under clause (b) and the steps taken to carry out the plan. (3) The society shall carry out and record a reassessment of risk and repeat the tasks it is required to perform under clauses (2) (a), (b) and (c) at least every six months until it determines, in accordance with the Child Protection Standards, that the child is no longer eligible for child protection services as described in the Child Protection Standards. (4) When the society determines that the child is no longer eligible for child protection services as described in the Child Protection Standards, the society shall, (a) review its most recent assessment under clause (2) (a) and its most recent plan under clause (2) (b); and (b) record the review in accordance with the Child Protection Standards. Child Abuse Register
Child Abuse Register
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33.
 33. A society that receives a report under section 125 of the Act that a child is or may be suffering or may have suffered abuse within the meaning of subsection 127 (2) of the Act shall contact the Director within the meaning of subsection 133 (1) of the Act, within three days after receiving the information, to inquire about and determine whether any person referred to in the information has been previously identified in the register. Note: On the day section 7 of Schedule 3 to the Supporting Children, Youth and Families Act, 2017 comes into force, section 33 of this Regulation is revoked. (See: O. Reg. 156/18, s. 143 (3))
34.
 34. (1) Subject to subsection 33 (5) of Ontario Regulation 155/18 (General Matters under the Authority of the Lieutenant Governor in Council) made under the Act, information required to be reported by a society under subsection 133 (3) of the Act shall be reported within 14 days after the information is verified by the society. (2) The report referred to in subsection (1) shall be in the form entitled “Form 1: Report to Child Abuse Register” and dated 2018/03, available on a website of the Government of Ontario. (3) If a society has reported verified information under subsection 133 (3) of the Act and the case relating to the report is not closed by the society, the society shall, until such time as the case is closed by the society, make a further report to the Director within the meaning of subsection 133 (1) of the Act, (a) within four months after making the original report; and (b) on each anniversary of making the original report. (4) Each report required under subsection (3) shall be in the form entitled “Form 2: Follow-up Report to Child Abuse Register” and dated 2018/03, available on a website of the Government of Ontario. Note: On the day section 7 of Schedule 3 to the Supporting Children, Youth and Families Act, 2017 comes into force, section 34 of this Regulation is revoked. (See: O. Reg. 156/18, s. 143 (3)) Warrants, Telewarrants, Information
Warrants, Telewarrants, Information
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35.
 35. (1) A warrant under section 131 of the Act for access to a record or a specified part of a record shall be in the form entitled “Warrant for Access to Record(s)” and dated 2018/03, available on a website of the Government of Ontario.  (2) An information in support of a warrant under section 131 of the Act for access to a record or a specified part of a record shall be in the form entitled “Information in Support of a Warrant for Access to a Record” and dated 2018/03, available on a website of the Government of Ontario.
36.
 36. (1) A warrant under section 132 of the Act for access to a record or a specified part of a record shall be in the form entitled “Warrant (Telewarrant) for Access to Record(s)” and dated 2018/03, available on a website of the Government of Ontario.  (2) An information in support of a warrant under section 132 of the Act for access to a record or a specified part of a record shall be in the form entitled “Information in Support of a Warrant (Telewarrant) for Access to a Record” and dated 2018/03, available on a website of the Government of Ontario.
37.
 37. (1) A warrant under subsection 83 (1) of the Act shall be in the form entitled “Warrant to Bring to a Place of Safety and Return a Child in Care” and dated 2018/03, available on a website of the Government of Ontario. (2) An information in support of the warrant referred in subsection (1) shall be in the form entitled “Information in Support of a Warrant to Bring to a Place of Safety and Return a Child in Care” and dated 2018/03, available on a website of the Government of Ontario. (3) A warrant under subsection 85 (1) of the Act shall be in the form entitled “Warrant to Apprehend and Return a Child who has withdrawn from a Parent’s Control” and dated 2018/03, available on a website of the Government of Ontario. (4) An information in support of the warrant referred in subsection (3) shall be in the form entitled “Information in Support of a Warrant to Bring to a Place of Safety and Return a Child Who has Withdrawn From a Person’s Care and Control” and dated 2018/03, available on a website of the Government of Ontario. Family and Community Placement
Family and Community Placement
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38.
 38. Sections 39 to 44 apply in circumstances where all of the following criteria are met: 1. A society has determined that a child is in need of protection and cannot be adequately protected if the child remains with the person having charge of the child. 2. Any of the following circumstances applies in respect of the child: i. The child has received services from the society but has not been placed in the society’s care by an agreement under subsection 75 (1) of the Act or by an order made under clause 94 (2) (d), paragraph 2, 3 or 4 of subsection 101 (1), section 114 or clause 116 (1) (c) of the Act. ii. The child has been placed in the society’s care and the agreement or order described in subparagraph i will be terminated. iii. The child has received services under an agreement made under subsection 77 (1) of the Act and the agreement will be terminated. 3. The society proposes or is apprised of a plan to place the child in the care of a person who is a relative of the child or a member of the child’s extended family or community in any of the following situations: i. In the context of a court proceeding for a supervision order under clause 94 (2) (c), paragraph 1 or 4 of subsection 101 (1), section 114 or clause 116 (1) (a) of the Act. ii. In the context of a court proceeding for an order relating to the custody of the child. iii. Where the person having charge of the child agrees to the placement. iv. In the case of a child who is 16 or 17, the child agrees to the placement.
39.
 39. If a society proposes or is apprised of a placement plan in the circumstances described in paragraph 3 of section 38 and the plan relates to the placement of a First Nations, Inuk or Métis child, the society shall, (a) consult with each of the child’s bands and First Nations, Inuit or Métis communities respecting the placement of the child before beginning to follow the procedures set out in section 40 or 41, as the case may be; and (b) if the consultation does not occur before the applicable procedures begin, continue to use best efforts to carry out the consultation after the procedures begin.
42.
 42. If a child is to be placed with a relative of the child or a member of the child’s extended family or community and that person resides outside of the jurisdiction of the society involved with the child’s case,  (a) in the case of a relative or member of the child’s extended family or community who lives in another jurisdiction in Ontario, the society may refer the matter to the society in that jurisdiction so that it can carry out all or part of the procedures set out in sections 38 to 44; and (b) in the case of a relative or member of the child’s extended family or community who lives outside Ontario, the society may request the assistance of a child welfare authority in the jurisdiction in which the person lives. O. Reg. 156/18, s. 42; O. Reg. 140/21, s. 1.
43.
 43. If all of the procedures set out in sections 38 to 44 have not been followed with respect to a particular matter, a society shall document, (a) the circumstances and reasons why specified procedures were not followed; and (b) any additional steps that were taken with respect to the matter. O. Reg. 156/18, s. 43; O. Reg. 140/21, s. 2.
44.
 44. (1) No later than seven days after it receives a request for information from another society under subparagraph 3 ii of subsection 40 (5) or subparagraph 2 ii of subsection 41 (4), a society shall respond to the request, indicating whether or not any information relating to the person specified in the request exists in the society’s records and, if so, the nature of the information in the society’s records. (2) Subject to subsection (3), if a society receives a request from a child and family service authority for information about a person who is 18 or older and resides in the home in which a child may be placed, the society shall respond to the request as soon as possible, indicating whether or not any information relating to the person specified in the request exists in the society’s records, and if so, the nature of the information in the society’s records. (3) The society shall not respond under subsection (2) unless it receives a consent to the disclosure of information from the person about whom the request for information was made. Place of Safety
Place of Safety
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46.
 46. (1) No later than seven days after a society has placed a child in a person’s home that is a place of safety under subsection 74 (4) of the Act, a child protection worker, a person designated by the society or an employee of a child and family service authority shall, (a) conduct a home visit to the home where the child is placed; (b) conduct an interview with the primary caregiver; (c) meet in private with the child and conduct an interview appropriate to the child’s age and maturity; and (d) contact every person other than the primary caregiver who is 18 or older and resides in the home in order to obtain the person’s consent to, (i) a police record check, and (ii) the disclosure of information related to the person by any society, including any information from the Child Protection Fast Track Information System, and any child welfare authority outside Ontario. (2) As soon as practicable but no later than seven days after the society or child and family service authority obtains the consent requested of a person under subclause (1) (d) (ii), the society shall conduct a search of the person’s name in the Child Protection Fast Track Information System. (3) As soon as practicable but no later than seven days after the society or child and family service authority obtains the consent requested of a person under subclauses (1) (d) (i) and (ii)  the society shall, (a) make a request to the appropriate authority in any jurisdiction in which the person has resided for the results of the person’s police record check; and (b) if the person has resided in the past in an area outside of the society’s jurisdiction, make a request to any society or any child welfare authority outside Ontario for any information or records they may have relating to the person. (4) As soon as practicable but no later than seven days after the information requested under clauses (3) (a) and (b) is received, the society shall review the information and document any decisions and actions it proposes to take with respect to the information. (5) Between the 25th day and the 30th day after a society has placed a child in a person’s home that is a place of safety under subsection 74 (4) of the Act, a child protection worker, a person designated by the society or an employee of a child and family service authority shall repeat the steps taken under clauses (1) (a), (b) and (c). (6) The steps taken under subsections (1) and (2) are the minimum steps a society or child and family service authority shall take in visiting a person’s home that is a place of safety where a child has been placed and nothing in them prevents or limits the ability of the society or child and family service authority to visit such a home.
47.
 47. (1) No later than seven days after it receives a request for information from another society under clause 46 (3) (b), a society shall respond to the request, indicating whether or not any information relating to the person specified in the request exists in the society’s records and, if so, the nature of the information in the society’s records. (2) Subject to subsection (3), if a society receives a request from a child and family service authority for information about a person who is 18 or older and resides in the home in which a child may be placed, the society shall respond to the request as soon as possible, indicating whether or not any information relating to the person specified in the request exists in the society’s records and, if so, the nature of the information in the society’s records. (3) The society shall not respond under subsection (2) unless it receives a consent to the disclosure of information from the person about whom the request for information was made. Services to be Provided by Society
Services to be Provided by Society
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48.
 48. (1) An agreement entered into under subsection 75 (1) of the Act for the temporary care and custody of a child shall be in a form entitled “Temporary Care Agreement” and dated 2018/03, available on a website of the Government of Ontario. (2) An agreement to extend a temporary care agreement under subsection 75 (5) of the Act or to vary a temporary care agreement under subsection 75 (12) of the Act shall be in a form entitled “Extension or Variation Agreement” and dated 2018/03, available on a website of the Government of Ontario.
48.1
 48.1 A society shall, within 30 days after a child is admitted into its care, (a) make reasonable efforts to ascertain the child’s place of birth, the child’s citizenship and, if applicable, the child’s immigration status in Canada through information or documents provided by the child, the child’s parent or the person having charge of the child immediately before the child’s admission into the care of the society; and (b) document the information that was ascertained and, if applicable, the information that could not be ascertained. O. Reg. 350/22, s. 1.
48.2
 48.2 (1) A society shall make reasonable efforts to obtain, within 30 days after a child who is a Canadian citizen or a permanent resident is admitted into its care, original versions or, if it is not possible to obtain original versions, copies of the following documents from the child’s parent or the person who had charge of the child immediately before the child was admitted to society care: 1. The child’s health card issued under the Health Insurance Act or documentation showing coverage under the statutory health insurance plan of another province or territory. 2. The child’s statement of live birth or other document used to register the child’s birth. 3. The child’s birth certificate or other document confirming that the child’s birth has been registered. 4. If the child is a Canadian citizen born outside of Canada, the child’s citizenship certificate or other document confirming the child’s Canadian citizenship. 5. If the child is a permanent resident, the child’s permanent resident card. O. Reg. 350/22, s. 1. (2) A society shall also make reasonable efforts to obtain, within 30 days after the child is admitted into its care, an original version or a copy of either the child’s social insurance number card or a letter from Service Canada confirming the child’s social insurance number from the child’s parent or the person who had charge of the child immediately before the child was admitted to society care. O. Reg. 350/22, s. 1. (3) A society shall, within 30 days after the child’s admission into society care, (a) review the documents referred to in subsections (1) and (2) that it was able to obtain in order to determine whether the child’s name and date of birth are consistently expressed within those documents and whether any of the documents are expired; and (b) apply for new documents to correct any errors respecting the child’s name and date of birth or to replace any expired documents, unless the authority responsible for issuing the document is located outside of Canada. O. Reg. 350/22, s. 1. (4) If a society is unable to obtain original versions of any of the documents listed in subsection (1) for which the child is eligible, the society shall, within 90 days after the child’s admission into care, apply for the document, unless the authority responsible for issuing the document is located outside of Canada. O. Reg. 350/22, s. 1. (5) If a society is unable to obtain a document referred to in subsection (2), the society shall, within 90 days after the child’s admission into care, apply for such a document. O. Reg. 350/22, s. 1. (6) If a society applies for a document under clause (3) (b) or subsection (4) or (5), the society shall, until the document is received, record the society’s efforts to obtain the document at least once every 90 days following the day on which the society made the application, unless the society is informed by the authority responsible for issuing the document that it will not be possible for the authority to issue it. O. Reg. 350/22, s. 1.
48.3
 48.3 A society shall, after a child who is neither a Canadian citizen nor a permanent resident is admitted into its care, make reasonable efforts to obtain from the child’s parent or person having charge of the child immediately before the child was admitted into society care, within 30 days of the child’s admission into society care, documents indicating the child’s place of birth, citizenship and immigration status in Canada. O. Reg. 350/22, s. 1.