88.
 88. (1) Subject to subsection (5), a written agreement respecting the provision of residential care to a child shall be signed by, (a) the licensee; (b) the child, if the child has capacity, as defined in subsection 21 (1) of the Act and the child’s consent to the provision of residential care is required by section 22 of the Act; (c) if the child’s consent is required under section 22 of the Act and the child does not have capacity, as defined in subsection 21 (1) of the Act, the child’s nearest relative, as defined in that subsection; (d) the parent of the child, placing agency or other person who placed the child, except if the child is 16 or older and signs the agreement; and (e) in the case of a child in the care and custody of a society pursuant to a temporary care agreement under section 75 of the Act, the society and, if the child is a party to the agreement, the child. (2) The agreement shall include the following: 1. A consent and authorization for the licensee to, i. provide residential care to the child, ii. obtain emergency medical treatment for the child, and iii. if applicable, obtain and inspect records, reports and information concerning the child from persons named in the consent. 2. Financial arrangements with respect to the licensee’s provision of residential care to the child. 3. Provision for a review of the agreement at the request of the child, a parent of the child, the placing agency or other person who placed the child or the licensee. (3) Subject to subsection (5), the licensee shall consult with the following persons and involve them in the development of the agreement: 1. A society that is not the parent of the child but that provides services to the child. 2. The child’s probation officer, if any. 3. The parent of the child, placing agency or other person who placed the child. 4. The child, to the extent possible given their age and maturity. (4) Before the agreement is signed by the persons listed in subsection (1), the licensee shall, (a) ensure that the agreement is explained to the child to the extent possible and in language that is appropriate for the child given their age and maturity; and (b) obtain a signed acknowledgement from the child that the agreement has been explained, if possible. (5) If it is not possible in the circumstances for all the persons listed in subsection (1) to sign the agreement or for the licensee to consult with or involve all of the persons listed in subsection (3) in the development of the agreement, (a) the licensee may complete the agreement despite the fact that it does not comply with subsection (1) or (3) or both; and (b) the licensee shall, on an ongoing basis, make reasonable efforts to have the agreement signed by the persons listed in subsection (1) or consult with or involve a person listed in subsection (3) and amend the agreement as necessary, or both, as the case may be, until the agreement complies with subsections (1) and (3). (6) If it is not possible in the circumstances to obtain a signed acknowledgement from the child under clause (4) (b) before the agreement is signed, the licensee shall, until such an acknowledgement is obtained, make reasonable efforts to obtain one. (7) The licensee shall note in the child’s case record, if applicable, (a) the reasons that a person listed in subsection (1) did not sign the agreement; (b) the reasons that a person listed in subsection (3) was not consulted on or involved in the development of the agreement; (c) the reasons that the licensee did not obtain a signed acknowledgement from the child; and (d) a description of any efforts made by the licensee pursuant to subsections (5) and (6).