jswizzle3737/ontario_laws_and_regs huggingface dataset:
48.4
 48.4 (1) If a child who is a member of or who, as determined under section 21, identifies with a band or First Nations, Inuit or Métis community is admitted into the care of a society, the society shall make reasonable efforts to obtain from the child’s parent or person having charge of the child immediately before the child’s admission into care, within 30 days after the child’s admission into care, membership documents issued by the bands and First Nations, Inuit or Métis communities of which the child is a member or with which the child identifies. O. Reg. 350/22, s. 1. (2) If a child is admitted into the care of a society, in addition to any requirement to make reasonable efforts to obtain membership documents that may be applicable under subsection (1), the society shall make reasonable efforts to obtain from the child’s parent or person having charge of the child immediately before the child’s admission into care, within 30 days after the child’s admission into care, a Secure Certificate of Indian Status for the child if, (a) the child identifies themselves as a First Nations child; (b) the child’s parent, relative or sibling identifies them as a First Nations child; or (c) there is information that, (i) demonstrates that a relative or sibling of the child identifies as a First Nations person, or (ii) there is a connection between the child and a band. O. Reg. 350/22, s. 1. (3) If a society is unable to obtain membership documents or a Secure Certificate of Indian Status after making reasonable efforts under subsection (1) or (2), the society shall, within 90 days after the child’s admission into the society’s care, (a) initiate a process for determining, in consultation with the child’s parent or person having charge of the child immediately before the child’s admission into care, as well as the child’s bands and First Nations, Inuit or Métis communities, if any, the documents for which the child may be eligible; and (b) initiate the process of applying for any such documents for which the child has been determined to be eligible. O. Reg. 350/22, s. 1. (4) A society that becomes aware that a child admitted into its care may be eligible for membership documents issued by a band or a First Nations, Inuit or Métis community or for a Secure Certificate of Indian Status shall, within 90 days after becoming aware of this possibility, complete the steps outlined in clauses (3) (a) and (b). O. Reg. 350/22, s. 1. (5) Until the society has obtained all of the documents in respect of which it has initiated an application process, the society shall, at least once every 90 days after initiating the application process, document its efforts to obtain them. O. Reg. 350/22, s. 1.
48.5
 48.5 (1) After a child who is not a Canadian citizen is admitted into its care, a society shall, within 90 days following the child’s admission into care, commence inquiries into whether to, (a) obtain documents, in addition to any obtained under section 48.3, respecting the child’s place of birth and immigration or citizenship status in Canada; and (b) take any steps with respect to the child’s immigration or citizenship status in Canada. O. Reg. 350/22, s. 1. (2) In deciding whether to obtain documents respecting the child’s place of birth and immigration or citizenship status in Canada or to take any steps with respect to the child’s immigration or citizenship status, the society shall consider whether doing so is in the child’s best interests. O. Reg. 350/22, s. 1. (3) The society shall, at least once every 90 days following the child’s admission into care and until the earliest of the events described in subsection (4), (a) document any decisions made to obtain documents respecting the child’s place of birth and immigration or citizenship status in Canada or to take any steps with respect to the child’s immigration or citizenship status; and (b) consider whether previous decisions made continue to reflect a course of action that is in the best interests of the child and document any revised or rescinded decisions. O. Reg. 350/22, s. 1. (4) The events mentioned in subsection (3) are, (a) the child becoming a Canadian citizen; (b) the child becoming a permanent resident, if it is determined not to be in the child’s best interests to become a Canadian citizen; and (c) the discharge of the child from the care of the society. O. Reg. 350/22, s. 1.
48.6
 48.6 (1) If a child admitted into the care of a society was not entitled to become an insured person under the Health Insurance Act at the time of the child’s admission into care and the child subsequently becomes entitled to become an insured person under that Act, the society shall, on behalf of the child, apply for the child to become an insured person under that Act within 30 days following the day on which the child becomes entitled to be an insured person. O. Reg. 350/22, s. 1. (2) Until the society receives a health card issued under the Health Insurance Act for the child, the society shall, at least once every 90 days following the date of the application under subsection (1), document its efforts to obtain the health card. O. Reg. 350/22, s. 1. (3) If a child admitted into the care of a society is neither entitled to become an insured person under the Health Insurance Act nor eligible for coverage under the statutory health insurance plan of another province or territory, the society shall, within 90 days following the child’s admission into care, determine whether the child is entitled to health insurance coverage through a federally funded program and, if so, apply for the child to be covered under the program. O. Reg. 350/22, s. 1. (4) A society that has applied for the child to be covered under a program referred to in subsection (3) shall, until the society receives a document confirming the child’s coverage under the program, document its efforts to obtain such a document at least once every 90 days following the day on which the society applied to the program. O. Reg. 350/22, s. 1.
48.7
 48.7 If a child who is admitted into the care of a society is entitled to health benefits under an insurance plan of the child’s parent or the person who had charge of the child immediately before the child’s admission into care, the society shall, within 30 days after the child’s admission into care, make reasonable efforts to obtain a card or other document confirming the child’s entitlement to the benefits from the parent or the person who had charge of the child. O. Reg. 350/22, s. 1.
48.8
 48.8 (1) If a child admitted into the care of a society was not entitled to be assigned a Social Insurance Number at the time of the child’s admission into care and the child subsequently becomes entitled to be assigned a Social Insurance Number, the society shall, on behalf of the child, apply for the child to be assigned a Social Insurance Number within 30 days following the day on which the child becomes entitled to be assigned a Social Insurance Number. O. Reg. 350/22, s. 1. (2) Until the society receives a card or letter from Service Canada containing the child’s name and Social Insurance Number, the society shall, at least once every 90 days following the date of the application under subsection (1), document its efforts to obtain the card or letter from Service Canada. O. Reg. 350/22, s. 1.
48.9
 48.9 (1) A society shall apply for a Canadian passport on behalf of a child who has been ordered to be placed in extended society care if, (a) the child is a Canadian citizen when placed in extended society care and the child does not have a valid Canadian passport at that time; (b) the child is not a Canadian citizen when placed in extended society care but subsequently becomes a Canadian citizen; or (c) the child’s passport expires while in extended society care. O. Reg. 350/22, s. 1. (2) Despite subsection (1), if the child does not wish to obtain a Canadian passport, the society is not required to apply for the passport on behalf of the child but shall instead, at least once every 90 days, (a) determine whether the child still does not wish to obtain a passport; and (b) document the child’s wishes with respect to obtaining the passport. O. Reg. 350/22, s. 1. (3) The application for a Canadian passport under subsection (1) must be made, (a) within 30 days after the court orders that the child be placed in extended society care, in the case of a child who is a Canadian citizen when placed in extended society care; (b) within 90 days after the child becomes a Canadian citizen, in the case of a child who becomes a Canadian citizen after being placed in extended society care; or (c) at any time before the passport expires, in the case of a child whose passport expires while in extended society care. O. Reg. 350/22, s. 1. (4) Until the passport is obtained, the society shall document the status of the passport application at least once every 90 days following the date on which the application is made.
48.10
 48.10 (1) If, on the day section 1 of Ontario Regulation 350/22 comes into force, a society does not have, for a child in its care who is a Canadian citizen or a permanent resident, all the documents referred to in subsections 48.2 (1) and (2), the society shall comply with section 48.2 with respect to the documents that it does not have as if the child had been admitted into its care on that day. O. Reg. 350/22, s. 1. (2) A society shall comply with section 48.3 in respect of each child who is in its care on the day section 1 of Ontario Regulation 350/22 comes into force and who is neither a Canadian citizen nor a permanent resident as if the child had been admitted into its care on that day. O. Reg. 350/22, s. 1. (3) If, on the day section 1 of Ontario Regulation 350/22 comes into force, a society does not have, for a child in its care who is a child described in subsection 48.4 (1), all the documents referred to in that subsection, the society shall comply with subsections 48.4 (1), (3) and (5) as if the child had been admitted into its care on that day. O. Reg. 350/22, s. 1. (4) If, on the day section 1 of Ontario Regulation 350/22 comes into force, a society does not have, for a child in its care who is a child described in subsection 48.4 (2), a Secure Certificate of Indian Status, the society shall comply with subsections 48.4 (2), (3) and (5) as if the child had been admitted into its care on that day. O. Reg. 350/22, s. 1. (5) A society shall comply with section 48.5 in respect of each child who is in its care on the day section 1 of Ontario Regulation 350/22 comes into force and who is not a Canadian citizen as if the child had been admitted into its care on that day. O. Reg. 350/22, s. 1. (6) A society shall comply with section 48.9 in respect of each child who is in extended society care on the day section 1 of Ontario Regulation 350/22 comes into force as if the child had been ordered to be placed in extended society care on that day. O. Reg. 350/22, s. 1.
48.12
 48.12 (1) A society shall, within 30 days after a child is admitted into its care, initiate a social history for the child and update it at least once in every 12 months following the child’s admission into care. O. Reg. 350/22, s. 1. (2) A social history must contain the following information respecting the child: 1. Identifying information, including name and age. 2. Identity characteristics. 3. Family history. 4. Birth history. 5. Developmental history. 6. Health history. 7. Educational and academic history. 8. History of court involvement. 9. Experiences of separation. 10. History of trauma, if any. 11. Aptitudes and abilities. O. Reg. 350/22, s. 1.
50.
 50. (1) No society that admits a child into care shall place the child in a foster home or other home unless the child has previously visited the home at least 10 days before the placement.  (2) Subsection (1) does not apply where it is not practicable in the circumstances to have the child visit the home at least 10 days before the placement. Unlicensed settings
51.1
 51.1 (1) Where a licensee is developing or reviewing a plan of care, as required by this Regulation, for a child admitted into society care, the society shall, unless it is also the licensee, assist the licensee by, (a) providing to the licensee information that the society has collected about the child and the child’s family that is required to be included in the plan of care; (b) ensuring the participation of a child protection worker or person designated by the society in meetings respecting the development and review of the plan of care; and (c) making recommendations about services, supports and treatment to be provided to the child. O. Reg. 350/22, s. 5. (2) The society shall, (a) document the information and recommendations provided under subsection (1); and (b) request a copy of the plan of care that is developed or any updated plan of care following a review and keep it in the child’s file. O. Reg. 350/22, s. 5. (3) If a plan of care for a child admitted into society care identifies a service, support or treatment that is to be provided to the child but does not identify the licensee as being responsible for ensuring that it is provided, the society shall take steps to secure the provision of the service, support or treatment within the timeframe specified in the plan of care. O. Reg. 350/22, s. 5. (4) If a service, support or treatment identified in a plan of care and referred to in subsection (3) is not provided within the timeframe specified in the plan of care, the society shall, (a) document the reasons for the delay in providing the service, support or treatment; and (b) until the service, support or treatment is provided, document, at intervals of 90 days following the day on which the service, support or treatment should have been provided, the efforts made by the society to secure the provision of the service, support or treatment. O. Reg. 350/22, s. 5.
51.2
 51.2 (1) A society shall transfer the belongings of a child in its care who is being transferred between settings in a respectful manner that promotes the dignity of the child. O. Reg. 350/22, s. 5. (2) If a child in society care is transferred from one setting to another, the society shall, within seven days following the transfer, provide the licensee, person or agency responsible for the new setting with information and documentation about the child’s needs and individual circumstances, including, (a) the child’s most recent plan of care and, if applicable, safety plan; (b) copies of the child’s identity documents, including those identity documents referred to in subsections 48.2 (1) and (2) and section 48.11, that are in the possession of the society; and (c) copies of any health insurance documentation obtained by the society under section 48.7. O. Reg. 350/22, s. 5. (3) A society shall inform a child in its care who is to be transferred between settings of, (a) the information that will be shared about them with the licensee, person or agency responsible for the new setting; and (b) the child’s right of access to records of personal information about them under section 312 of the Act and the child’s right to request a correction to records to which access has been granted in accordance with section 315 of the Act. O. Reg. 350/22, s. 5.
51.3
 51.3 (1) A society that places a child in any setting shall, (a) determine whether it is feasible and in the child’s best interests for the child to continue to, (i) attend the same school or other educational program, the same before-school and after-school programs and the same tutoring program as the child did before the placement, (ii) receive health care services from the same health care providers as before the placement, (iii) attend the same cultural, spiritual, social, extracurricular and recreational services and programs as before the placement, and (iv) maintain regular contact with individuals who the child identifies as important to them; and (b) take reasonable steps to ensure that the child continues to do any of the things identified in clause (a) if doing so is determined by the society to be feasible and in the child’s best interests. O. Reg. 350/22, s. 5. (2) The society shall document its determination under subsection (1), including by preparing a written explanation as to why it was not feasible or in the child’s best interests that the child continue to do any of the things identified in clause (1) (a). O. Reg. 350/22, s. 5.
51.4
 51.4 (1) If a child admitted into society care is unable to continue to attend a given school or other educational program, including because of the child’s admission into society care or the child’s placement in a new residential placement or other setting, and the child is eligible to be enrolled in an elementary school or secondary school under the Education Act, the society shall ensure that, (a) the child is registered in a new school or other educational program as soon as possible in the circumstances; and (b) to the extent possible in the circumstances, the child remains at the child’s current school or other educational program until the child is able to start at the new school or program. O. Reg. 350/22, s. 5. (2) In the event that more than 30 days elapse following the event requiring the child to change schools or other educational programs without the child having been registered in a new school or other educational program as required by subsection (1), the society shall, at least once every 30 days following the event and until the child is registered, document the reason for the delay and the society’s ongoing efforts to ensure that the child is registered as soon as possible in the circumstances. O. Reg. 350/22, s. 5. (3) If a child admitted to society care is required to attend school under section 21 of the Education Act but did not attend school or another educational program through which the child received satisfactory instruction before their admission to care, the society shall register the child in school or another educational program as soon as possible in the circumstances. O. Reg. 350/22, s. 5. (4) In the event that more than 30 days elapse following the child’s admission to society care without the child having been registered in a school or another educational program as required by subsection (3), the society shall, at least once every 30 days following the child’s admission and until the child is registered, document the reasons for the delay and the society’s ongoing efforts to ensure that the child is registered as soon as possible in the circumstances. O. Reg. 350/22, s. 5. (5) A society shall ensure that a child admitted into its care who is required to attend school under section 21 of the Education Act does not attend an educational program instead of school unless the child receives satisfactory instruction through the program. O. Reg. 350/22, s. 5. (6) In this section, “satisfactory instruction” means instruction that constitutes satisfactory instruction for the purposes of clause 21 (2) (a) of the Education Act. O. Reg. 350/22, s. 5.
51.4.1
 51.4.1 (1) In this section, “transition planning” means planning for the transition out of society care and into adulthood. O. Reg. 35/23, s. 1. (2) A society shall, with respect to each child who is placed in extended society care and who is 13 or older, engage in transition planning with the child and document any activities with respect to transition planning that are undertaken. O. Reg. 35/23, s. 1. (3) The transition planning must include planning with respect to the following areas of the child’s life: 1. Health. 2. Education. 3. Identity. 4. Family and social relationships. 5. Emotional and behavioural development. 6. Self-care skills. O. Reg. 35/23, s. 1. (4) A society shall, with respect to each child who is placed in extended society care and who is 15 or older, offer the child an opportunity to participate in a conference or other forum to discuss transition planning and related supports, the child’s long-term goals and any barriers to achieving those goals that have been identified. O. Reg. 35/23, s. 1. (5) The society shall offer the opportunity to participate in a conference or other forum within 9 months after the child turns 15 or, if the child is 15 or older when placed in extended society care, within 9 months after the court ordered that the child be placed in extended society care. O. Reg. 35/23, s. 1. (6) The society shall document the following: 1. The occasions on which an opportunity to participate in a conference or other forum was offered to the child. 2. If the child does not wish to participate in a conference or other forum, the reasons for the child’s decision, to the extent that they can be ascertained. O. Reg. 35/23, s. 1. (7) No later than 90 days before a child who is in extended society care turns 18, the society shall provide the child with an information package that consists of information about financial literacy as well as accessing resources and supports that will be available to the child upon turning 18. O. Reg. 35/23, s. 1. (8) The society shall document the fact that the information package has been provided to the child and the specific documents that were provided as part of the package. O. Reg. 35/23, s. 1.
52.
 52. A society that receives an application to adopt or board a child that is in the care of the society shall, within 30 days after receiving the application, begin an assessment of the applicant and the home of the applicant. 52.1-52.5 Revoked: O. Reg. 350/22, s. 6. Continued Care and Support
Continued Care and Support
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53.
 53. For the purposes of section 124 of the Act, the support to a person may include one or both of financial and non-financial support.
55.
 55. (1) The Ministry program described in the Table titled “Renewed Youth Supports” in the document entitled “Addendum to Ontario Permanency Funding Policy Guidelines”, dated November 15, 2017 and effective January 1, 2018, available on a website of the Government of Ontario, is prescribed as a support service for the purposes of paragraph 3 of section 124 of the Act. O. Reg. 156/18, s. 55. (2) Services provided to a child by a society because the child is in interim society care are prescribed as support services for the purposes of paragraph 3 of section 124 of the Act. O. Reg. 87/20, s. 2 (1). (3) A person who received the support services prescribed under subsection (2) is only eligible for care and support under section 124 of the Act if the person was in interim society care immediately before turning 18 and, between March 26, 2020 and March 31, 2023, either turned 18 or entered into an agreement under section 124 on the basis of having received the support services prescribed under subsection (2). O. Reg. 35/23, s. 3. Complaints and Reviews
Complaints and Reviews
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56.
 56. A complaint to a society under subsection 119 (1) of the Act must be made in the form entitled “Formal Complaint to a Society’s Internal Complaints Review Panel (ICRP)” and dated 2020/11, available on a website of the Government of Ontario. O. Reg. 156/18, s. 56; O. Reg. 78/19, s. 1; O. Reg. 700/20, s. 1.
57.
 57. Within seven days after receiving a complaint under subsection 119 (1) of the Act, the society shall determine whether the complaint is eligible for review.
58.
 58. If the complaint is not eligible for review, the society shall notify the complainant of its decision and the reasons for it in writing.
59.
 59. (1) If the complaint is eligible for review, the society shall notify the complainant in writing and shall establish an Internal Complaints Review Panel. (2) The notice shall provide the complainant with a date and time for meeting with the Internal Complaints Review Panel.
60.
 60. (1) The members of the Internal Complaints Review Panel shall be selected by the executive director of the society and shall include a senior manager from the society, other society staff as required and at least one person who is external to the society. (2) A person selected to be a member of the Internal Complaints Review Panel who is external to the society may be a member of the society’s board of directors. (3) No person selected as a member of the Internal Complaints Review Panel shall have had any direct involvement with the complaint being reviewed.
61.
 61. (1) The meeting between the complainant and the Internal Complaints Review Panel shall be scheduled at a time that is mutually convenient for the complainant and the members of the panel and shall be held within 14 days after the date the written notice is sent to the complainant or at such later time as may be requested by the complainant. (2) The Internal Complaints Review Panel shall make reasonable efforts to accommodate a request by a complainant to schedule the meeting at a later time. (3) The meeting between the complainant and the Internal Complaints Review Panel shall take place in person.
62.
 62. (1) Subject to subsection (2), the Internal Complaints Review Panel may determine who may attend the meeting. (2) The complainant, a representative chosen by each of the complainant’s bands and First Nations, Inuit or Métis communities, where appropriate, and one other person of the complainant’s choosing may attend the meeting.
63.
 63. Within 14 days after the meeting, the Internal Complaints Review Panel shall send a written summary of the results of the meeting, including any agreed upon next steps, to the complainant and the executive director of the society to which the complaint was made.
64.
 64. If at any point during a society’s complaint review procedure the complaint is resolved to the satisfaction of the complainant, the society shall confirm the resolution in writing to the complainant. Extraordinary Measures
Extraordinary Measures
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65.
 65. (1)-(6)
Revoked: O. Reg. 20/22, s. 1. (7) An application to a Director for approval of a locked room for use for the de-escalation of situations and behaviour involving children or young persons under subsection 173 (1) of the Act shall be in the form entitled “Application for Approval of a Secure De-escalation Room” and dated 2018/03, available on a website of the Government of Ontario. (8) An application in the form referred to in subsection (7) shall be accompanied by the applicant’s written policies and procedures with respect to the use of a secure de-escalation room together with such other information concerning the service provider’s program, the room and the proposed use of the room as a Director considers necessary to determine whether the room should be approved for use for the de-escalation of situations and behaviour involving children or young persons. (9) An approval or renewal of an approval of a locked room for use for the de-escalation of situations and behaviour involving children or young persons shall be in the form entitled “Approval or Renewal of Approval of a Secure De-escalation Room” and dated 2018/03, available on a website of the Government of Ontario. (10) A refusal or withdrawal of an approval of a locked room for use for the de-escalation of situations and behaviour involving children or young persons shall be in the form entitled “Refusal or Withdrawal of an Approval of a Secure De-escalation Room” and dated 2018/03, available on a website of the Government of Ontario. Adoption and Adoption Licensing
Adoption and Adoption Licensing
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66.
 66. In sections 67 to 77,  “licensee” means a person acting under the authority of a licence issued by a Director under section 229 of the Act.
67.
 67. For the purpose of subsection 183 (7) of the Act, the placement of a child for adoption shall be registered by providing to the Director the completed form entitled “Registration of Placement of a Child for Adoption” and dated 2018/03, available on a website of the Government of Ontario.
68.
 68. For the purpose of subsection 183 (8) of the Act, the Director shall register the placement of a child for adoption by recording the information concerning the placement in the form entitled “Director’s Registration of Placement of Child for Adoption” and dated 2018/03, available on a website of the Government of Ontario.
69.
 69. A person with whom a child has been placed for adoption shall, no later than 30 days after the date of the placement, complete and file with the licensee or society that arranged the placement an acknowledgement of adoption placement in the form entitled “Acknowledgement of Adoption Placement” and dated 2018/03, available on a website of the Government of Ontario.
70.
 70. A notice of a proposed placement by a licensee under subsection 188 (1) of the Act shall be in the form entitled “Notice to a Director of Proposed Placement” and dated 2018/03, available on a website of the Government of Ontario.
71.
 71. A request by a licensee that a Director review a proposed placement under subsection 190 (1) of the Act shall be in the form entitled “Request to Director for Review of Proposed Placement” and dated 2018/03, available on a website of the Government of Ontario.
72.
 72. (1) A licensee shall establish and maintain a trust account in a bank listed in Schedule I or II to the Bank Act (Canada), a trust corporation registered under the Loan and Trust Corporations Act or a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 2020. O. Reg. 156/18, s. 72 (1); O. Reg. 95/22, s. 1. (2) The licensee shall ensure that all funds received by the licensee from prospective adoptive parents are deposited in the trust account. (3) The licensee shall not withdraw money paid into the trust account unless, (a) the licensee obtains the consent of the prospective adoptive parents for whom the money is held; and (b) the money is withdrawn only for expenses incurred for services provided by the licensee with respect to the adoption of a child by the prospective adoptive parents. (4) The licensee shall return any money remaining in the trust account after expenses are paid to the person who paid the money to the licensee. (5) The licensee shall keep a separate book of accounts showing all deposits and withdrawals from the trust account, the name of the prospective adoptive parent for whom the deposit or withdrawal is made and the date of each deposit or withdrawal.
73.
 73. A licensee shall keep a record of all money received and expenditures made with respect to the placement of children for adoption.
74.
 74. (1) A Director may request that a licensee prepare and submit financial reports to the Director with respect to the licensee’s placement of children for adoption. (2) Without limiting the generality of subsection (1), the request may be for reports prepared by a public accountant who is licensed or holds a certificate of authorization under the Public Accounting Act, 2004. (3) The licensee shall comply with a request under this section.
75.
 75. (1) Each licensee and each society shall open and maintain a separate file with respect to, (a) each person who is a parent within the meaning of subsection 180 (1) of the Act who relinquishes a child to the licensee or society for adoption; (b) each prospective adoptive parent; (c) each child who is placed or who is intended to be placed for adoption by the licensee or society; and (d) each foster parent who provides services to the licensee or society in connection with an adoption. (2) The licensee or society shall review each file referred to in subsection (1) and update the file at least every six months until the file is closed. (3) For the purposes of clause 238 (b) of the Act, the licensee shall provide the records to the Minister within six months following the day on which the licence is revoked, renewal is refused or the licensee ceased to place children for adoption, as the case may be. (4) The licensee shall permanently retain the records contained in each file referred to in subsection (1) unless the records are delivered to the Minister as required under clause 238 (b) of the Act. (5) The society shall permanently retain the records contained in each file referred to in subsection (1).
76.
 76. (1) An application for a licence or a renewal of a licence to place children for adoption under subsection 229 (2) or (4) of the Act shall be made to a Director in the form entitled “Application for a Licence or Renewal of a Licence to Place Children for Adoption” and dated 2018/03, available on a website of the Government of Ontario. (2) The application shall be accompanied by such other information as a Director considers necessary to enable the Director to determine whether the applicant would, if licensed, be in compliance with the Act and the regulations.
77.
 77. A licensee that is a corporation shall, within 15 days after any change to the officers or directors of the corporation, notify a Director of the change and the role of the new director or officer. Residential Licensing — Interpretation
Residential Licensing — Interpretation
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78.
 78. (1) In this section and sections 79 to 141,  “appliance” has the same meaning as in the fire code; (“appareil”) “case record” means a case record maintained in accordance with section 93; (“dossier de cas”) “discipline” means teaching positive behaviour to a child or young person and reinforcing that behaviour; (“discipline”) “fire code” means the fire code established under Part IV of the Fire Protection and Prevention Act, 1997; (“code de prévention des incendies”) “foster care licensee” means a licensee who provides residential care, directly or indirectly, for three or more children not of common parentage in one or more homes in which parent model foster care is provided; (“titulaire de permis de famille d’accueil”) “physician” means a legally qualified medical practitioner; (“médecin”) “program staff person” means a person employed in a children’s residence whose primary responsibility is the day to day care and supervision of residents; (“employé du programme”) “registered nurse in the extended class” means a member of the College of Nurses of Ontario who holds an extended certificate of registration as a registered nurse; (“infirmière autorisée ou infirmier autorisé de la catégorie supérieure”) “resident” means, with respect to a children’s residence, a child or young person admitted to the children’s residence. (“pensionnaire”) (2) For the purposes of the definition of “foster care licensee” in subsection (1), parent model foster care is provided if the foster care is provided in a foster home by not more than two adults on a continuous basis. Residential Licensing — Applications
Residential Licensing — Applications
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79.
 79. Offences under the following provisions of the Criminal Code
(Canada) are prescribed as offences for the purposes of section 245 of the Act: 1. Section 151 (sexual interference). 2. Section 153 (sexual exploitation). 3. Section 163.1 (making child pornography). 4. Section 215 (duty of persons to provide necessaries). 5. Sections 229, 230, 231 or 235 (murder). 6. Section 233 (infanticide). 7. Section 239 (attempt to commit murder). 8. Section 273 (aggravated sexual assault). 9. Section 279.011 (trafficking of a person under the age of eighteen years). 10. Subsection 279.02 (2) (material benefit - trafficking).
Requirements Common to All Licensees
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80.2
 80.2 If a child or young person is transferred or discharged from a children’s residence or other place where residential care is provided under the authority of a licence issued under Part IX (Residential Licensing) of the Act, the licensee who holds the licence shall, as soon as possible and no later than seven days after the transfer or discharge, provide the following information to the person or agency to whom the child or young person is transferred or discharged: 1. A copy of the most recent version of the child or young person’s plan of care. 2. A copy of the most recent version of the child’s safety plan, if one is required for the child. 3. Any other information that, in the opinion of the licensee, is relevant to the provision of residential care to the child or young person at the time of the transfer or discharge. O. Reg. 350/22, s. 7.
Operation of a Children’s Residence
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81.
 81. (1) A licensee who operates a children’s residence is responsible for its operation and management, including the operation and management of the program offered in the residence and the administration of the residence’s finances and personnel.
 (2) A licensee who operates a children’s residence may appoint a person to be responsible to the licensee for the day to day operation and management of the children’s residence. (3) The appointment shall be in writing and set out a specific timeframe for which it is valid.
83.
 83. (1) A licensee who operates a children’s residence shall ensure that each person employed to work in the children’s residence,  (a) receives training on the policies and procedures of the residence, including the policies and procedures respecting emergency situations, within 30 days after commencing their employment in the residence, (b) reviews the policies and procedures at least once every 12 months, and (c) reviews any changes to the policies and procedures before they take effect. O. Reg. 156/18, s. 83 (1); O. Reg. 350/22, s. 9 (1-3). (2) The licensee shall keep a record of any training provided to a person employed in the children’s residence in accordance with subsection (1) and the record shall include the signature of the person who received the training. O. Reg. 156/18, s. 83 (2); O. Reg. 350/22, s. 9 (4).
84.
 84. (1) A licensee who operates a children’s residence shall report to a person listed in subsection (3) any of the following occurrences concerning a resident within 24 hours of the occurrence: 1. A resident dies. 2. A resident is seriously injured. 3. The licensee or a member of the licensee’s staff injures a resident. 4. A resident is abused or mistreated. 5. The licensee or a member of the licensee’s staff uses a physical restraint on a resident. 6. The licensee or a member of the licensee’s staff uses a mechanical restraint in the circumstances described in subsection 156 (2) or section 160 of the Act. 7. A complaint is made by or about a resident that the licensee considers to be of a serious nature. 8. A resident resides in the children’s residence and a fire or other disaster occurs in the residence. 9. Any other serious occurrence concerning a resident takes place, other than an occurrence described in paragraphs 1 to 8. (2) A licensee who operates a children’s residence shall report to a person listed in subsection (3) any of the following occurrences concerning a resident immediately after the occurrence: 1. A resident is absent from the residence without permission for 24 hours or more. 2. A resident is absent from the residence without permission for a period of time that is less than 24 hours, and the licensee considers the absence to be a serious matter. (3) The following are the persons mentioned in subsections (1) and (2): 1. A parent of the resident. 2. If the resident was placed by a person and that person was also involved in the development of the resident’s plan of care, the person who placed the resident. 3. If the resident was placed by a society, the society that placed the resident. 4. A Director, except in the case of an occurrence described in paragraph 1 or 2 of subsection (2). 5. Only in the case of an occurrence described in paragraph 1 or 2 of subsection (2), the police force having jurisdiction in the area where the residence is located.
85.
 85. (1) If a licensee who operates a children’s residence receives an application for admission of a child to the children’s residence, the licensee shall ensure that the applicant is notified in writing as soon as possible in the circumstances of the licensee’s decision with respect to the application.  (2) If the licensee is unable to notify the applicant within 21 days after the day the application is received, the licensee shall advise the applicant in writing of the reasons for the delay. (3) If the licensee decides to admit the child, the licensee shall notify the applicant in writing of the anticipated date of admission of the child.
86.
 86. Sections 86.1 to 86.5 do not apply with respect to a young person, where the young person has been ordered into detention or custody by a youth justice court. O. Reg. 350/22, s. 10.
86.2
 86.2 (1) A placing agency shall not place a child in a children’s residence unless the placing agency has completed all of the applicable steps of the assessment described in section 86.1. O. Reg. 350/22, s. 10. (2) A placing agency that decides to place a child in a children’s residence shall, (a) notify the child of the decision as soon as reasonably possible after the decision has been made but before the child is admitted to the residence; (b) make a record of any measures that the licensee determines should be implemented prior to the child’s admission to ensure that the immediate needs of all residents of the children’s residence and any adults receiving residential care in the children’s residence are met, including details of any additional services and supports to be provided to the child or other residents or adults; and (c) before the child’s admission to the residence, provide the licensee that operates the residence with the reports prepared in accordance with subsection 86.1 (4) and the record prepared under clause (b). O. Reg. 350/22, s. 10. (3) A licensee who operates a children’s residence may not permit a child to be admitted to the residence unless, (a) all of the applicable steps of the assessment described in section 86.1 have been completed; and (b) if the child engages in behaviours that may pose a risk to the safety of the child or others or if there are other risks to the child’s safety that are known to the licensee, the licensee has conducted a safety assessment as required by section 86.3 and, if required, prepared a safety plan. O. Reg. 350/22, s. 10. (4) Where a child is admitted to a children’s residence, the licensee operating the residence shall ensure that, (a) any optional information for the assessment set out in subsection 86.1 (6) that was not previously collected is collected as soon as possible but no later than 30 days after the child’s admission to the residence; and (b) any documents that it has prepared or received under section 86.1 are maintained in the child’s case record. O. Reg. 350/22, s. 10.
86.5
 86.5 (1) A licensee who operates a children’s residence shall review the safety plan of the residents, in accordance with this section. O. Reg. 350/22, s. 10. (2) A safety plan must be reviewed during the development of the resident’s written plan of care and during a review of the resident’s written plan of care. O. Reg. 350/22, s. 10. (3) A safety plan must also be reviewed immediately after any of the following occurs: 1. The resident engages in behaviour that poses a risk to the safety of the resident or others or a situation occurs in which the resident is put at risk. 2. An incident occurs during which the measures set out in the safety plan are shown to be ineffective in preventing the resident from engaging in behaviours that may pose a risk to the safety of the resident or others or from otherwise being put at risk. 3. New information comes to the attention of the licensee respecting the safety risks posed by the resident, or to which the resident is subject, or behaviours of the resident that has implications for the information contained in the resident’s safety plan. 4. The resident or a person consulted on and involved in developing the safety plan requests that the safety plan be reviewed. O. Reg. 350/22, s. 10. (4) When reviewing a safety plan under this section, the licensee shall ensure that, (a) it still adequately keeps the resident and others safe and, if it doesn’t, an amended safety plan is developed; (b) the same process and requirements for the development of a safety plan set out in section 86.4 are also followed and complied with in reviewing the safety plan and, if applicable, developing an amended safety plan; (c) any amendments to the safety plan are documented and dated in the safety plan; (d) all information known to the licensee about the resident’s behaviours that might be relevant to the resident’s safety plan is considered, including information collected from persons providing direct care to the resident on behalf of the licensee; and (e) any recommendations received by the licensee from any individual named as a resource person for the resident under section 5 or any person who is assigned as the resident’s primary worker in the residence are incorporated into the safety plan. O. Reg. 350/22, s. 10. (5) If a review is required because an incident referred to in paragraph 2 of subsection (3) occurs, the licensee shall ensure that measures to prevent the resident from engaging in behaviours that may pose a risk to the safety of the resident or others or to otherwise protect the resident that are different from any previously set out in the safety plan are developed and set out in the amended safety plan. O. Reg. 350/22, s. 10.
86.6
 86.6 (1) A licensee who operates a children’s residence shall ensure that a resident’s safety plan is reviewed by any person providing direct care to the resident and that the review takes place, (a) before the person begins providing direct care to the resident for the first time; (b) as soon as possible after a safety plan is developed, if the person has been providing direct care to the resident before the plan was developed; and (c) as soon as possible after a safety plan is amended. O. Reg. 350/22, s. 10. (2) The licensee shall ensure, each time the safety plan is reviewed by a person referred to in subsection (1), that the person confirms the review of the plan by signing the safety plan and indicating the date of the review. O. Reg. 350/22, s. 10.
86.7
 86.7 A licensee who operates a children’s residence shall ensure that, (a) a copy of any safety plan developed for a resident and any amended versions of the safety plan are kept in the resident’s case record; and (b) a copy of the most recent version of a resident’s safety plan is readily available at the children’s residence. O. Reg. 350/22, s. 10.
86.8
 86.8 A licensee who operates a children’s residence shall ensure that any person who provides direct care to a resident on behalf of the licensee does so in accordance with the safety plan for the resident, if any. O. Reg. 350/22, s. 10.
87.
 87. (1) Except in the case of an admission of a young person who has been ordered into detention or custody by a youth justice court, a licensee who operates a children’s residence shall, in respect of each child admitted to the residence, ensure that a written agreement respecting the provision of a service to the child that meets the requirements of section 88 is completed at the time of admission of the child to the children’s residence or as soon as possible after that. (2) If it is not possible in the circumstances to complete an agreement before the child begins receiving residential care in the residence, the licensee shall obtain the following before the child begins receiving residential care in the residence: 1. The consent for admission of the child required by section 22 of the Act. 2. A consent and authorization for the licensee to obtain emergency medical treatment for the child.