Application and definitions
15. (1) This Part applies to service agencies when they are providing any of the following types of services and supports: 1. Supported group living residences. 2. Intensive support residences. 3. Community participation services and supports. 4. Activities of daily living services and supports. 5. Caregiver respite services and supports. O. Reg. 299/10, s. 15 (1). (2) In this Part, “behaviour support plan” means a document that is based on a written functional assessment of the person that considers historical and current, biological and medical, psychological, social and environmental factors (a bio-psycho-social model) of the person with a developmental disability that outlines intervention strategies designed to focus on the development of positive behaviour, communication and adaptive skills; (“plan de soutien au comportement”) “challenging behaviour” means behaviour that is aggressive or injurious to self or to others or that causes property damage or both and that limits the ability of the person with a developmental disability to participate in daily life activities and in the community or to learn new skills or that is any combination of them; (“comportement problématique”) “crisis situation” means circumstances where, (a) a person with a developmental disability is displaying challenging behaviour that is new or more intense than that which was displayed in the past and the person lacks a behaviour support plan or the strategies outlined in the person’s behaviour support plan do not effectively address the challenging behaviour, (b) the challenging behaviour places the person at immediate risk of harming themself or others or causing property damage, and (c) attempts to de-escalate the situation have been ineffective; (“situation de crise”) “intrusive behaviour intervention” means a procedure or action taken on a person in order to address the person with a developmental disability’s challenging behaviour, when the person is at risk of harming themself or others or causing property damage; (“intervention comportementale perturbatrice”) “positive behaviour intervention” means the use of non-intrusive behaviour intervention strategies for the purpose of reinforcing positive behaviour and creating a supportive environment, with a goal of changing the behaviour of the person with a developmental disability. (“intervention comportementale positive”) O. Reg. 299/10, s. 15 (2). (3) For purposes of the definition of “behaviour support plan”, the behaviour support plan shall be in addition to the person’s individual support plan and shall do the following: 1. Outline positive behaviour intervention strategies and, where applicable, intrusive behaviour intervention strategies, including the least intrusive and most effective strategies possible, for a person with a developmental disability who has challenging behaviour. 2. Ensure that the strategies referred to in paragraph 1 are designed to focus on the development of positive behaviour, communication and adaptive skills to enable the person to reduce, change and overcome their challenging behaviour that limits their potential for inclusion in the community. O. Reg. 299/10, s. 15 (3). (4) For purposes of the definition of “intrusive behaviour intervention”, the following are examples of intrusive procedures or actions: 1. Physical restraint, including a holding technique to restrict the ability of the person with a developmental disability to move freely, but does not include the restriction of movement, physical redirection or physical prompting if the restriction of movement, physical redirection or physical prompting is brief, gentle and part of a behaviour teaching program. 2. Mechanical restraint, which is a means of controlling behaviour that involves the use of devices and equipment to restrict movement, but does not include any restraint or device, i. that is worn most of the time to prevent personal injury, such as a helmet to prevent head injury resulting from seizures or a device to safely transport a person in a motor vehicle, ii. that helps to position balance, such as straps to hold a person upright in a wheelchair, or iii. that is prescribed by a physician to aid in medical treatment, such as straps used to prevent a person from removing an intravenous tube. 3. Secure isolation or confinement time out in a designated, secure space that is used to separate or isolate the person from others and which the person is not voluntarily able to leave. 4. Prescribed medication to assist the person in calming themself, with a clearly defined protocol developed by a physician as to when to administer the medication and how it is to be monitored and reviewed. O. Reg. 299/10, s. 15 (4). (5) For purposes of the definition of “positive behaviour intervention”, the following are examples of non-intrusive behaviour intervention strategies: 1. Teaching or learning components, including teaching proactive skills and communication strategies to maximize the person’s abilities and to minimize challenging behaviour. 2. Reinforcement. 3. A review of the person’s living environment, including the physical space, and support and social networks, to identify possible causes of challenging behaviour and making changes to the living environment to reduce or eliminate those causes. O. Reg. 299/10, s. 15 (5).