jswizzle3737/ontario_laws_and_regs huggingface dataset:
102. (1) Where, (a) a resident dies; (b) a resident is seriously injured; (c) a resident is injured by a staff person or by the licensee; (d) a resident is abused or mistreated; (d.1) a resident is physically restrained by a staff person or by the licensee; (e) a complaint is made by or about a resident that is considered by the licensee to be of a serious nature; (f) a resident resides in a residence operated by the licensee in which a fire or other disaster occurs; or (g) in addition to the matters set out in clauses (a) to (f), any other serious occurrence takes place concerning a resident, the licensee shall within twenty-four hours of the occurrence report the occurrence to, (h) a parent of the resident; (i) where applicable, the person who placed the resident and who has been involved in the plan of care for the resident; (j) where applicable, the society that placed the resident; and (k) a Director.  R.R.O. 1990, Reg. 70, s. 102 (1); O. Reg. 77/02, s. 5. (2) Where, (a) a resident is absent from a residence operated by the licensee without permission for twenty-four hours or more; or (b) a resident is absent from a residence operated by the licensee without permission for a period of less than twenty-four hours and the absence is considered by the licensee to be a serious matter, the licensee shall forthwith report the absence to, (c) a parent of the resident; (d) where applicable, the person who placed the resident and who has been involved in the plan of care for the resident; (e) where applicable, the society that placed the resident; and (f) the local police having jurisdiction in the area where the residence is located.  R.R.O. 1990, Reg. 70, s. 102 (2). Emergency Procedures
103. Every licensee shall ensure that each staff person employed in a residence operated by the licensee is instructed in all the emergency procedures of the residence at the time of commencing work in the residence and at least annually thereafter.  R.R.O. 1990, Reg. 70, s. 103. Staffing
104. (1) Every licensee shall employ a sufficient number of program staff persons in each residence operated by the licensee to ensure a minimum ratio of one program staff person to every eight residents in the residence averaged over a twenty-four-hour period.  R.R.O. 1990, Reg. 70, s. 104 (1). (2) Every licensee who operates a parent model residence without auxiliary staff persons shall ensure that the total number of children in the residence does not exceed eight.  R.R.O. 1990, Reg. 70, s. 104 (2). (3) Every licensee who operates a staff model residence where more than one program staff person is on duty per shift shall ensure that one program staff person is designated to be in charge of the shift.  R.R.O. 1990, Reg. 70, s. 104 (3). (4) Every licensee shall ensure that where a child is on the premises of a residence, the licensee has made reasonable provision in the circumstances for the supervision, care and safety of the child and that an additional adult is on call when children are on the premises and only one adult is on the premises.  R.R.O. 1990, Reg. 70, s. 104 (4). Licensing Documentation
105. (1) Every person who applies for a licence to establish, operate and maintain a residence shall prepare and keep on file and provide to a Director when required by the Director, (a) a written proposal that outlines the program goals of the residence, the types of residents to be served in the residence and the services to be provided in the residence; (b) documentation of the need for the residence and a description of the needs of the client population to be served by the residence; (c) documentation of the community and neighbourhood facilities and services that are available and the ways in which these are appropriate and available to the residents to be served by the residence; (d) written evidence of consultation with community facilities and services where services for the residents will be required; (e) information concerning facilities that are similar to the residence or that offer similar services to the residence within the neighbourhood and their proximity to the proposed site of the residence; (f) a description of the neighbourhood in which the applicant proposes to establish the residence and of the ways in which the neighbourhood will be suitable for the residence; (g) evidence that the municipalities and school boards in the area where the residence is to be located have been notified in writing of the intent to establish a residence; (h) a plan for securing neighbourhood acceptance of the residence; and (i) a plan for securing funds to establish, equip and operate the residence.  R.R.O. 1990, Reg. 70, s. 105 (1). (2) Every applicant for a licence or renewal of a licence to establish, operate or maintain a residence shall provide to a Director a copy of the site plan of the residence and a drawing to scale that sets out the floor plan of the residence, showing windows, doors, exits and stairways and the proposed uses of each room in the residence.  R.R.O. 1990, Reg. 70, s. 105 (2). Accommodation
106. Every licensee shall ensure that each residence operated by the licensee meets the following requirements: 1. No room without a window is used as a bedroom. 2. No basement area or room is used for sleeping accommodation unless such use is approved by a Director. 3. Each bedroom has a minimum area of five square metres of floor space for each resident over the age of eighteen months and under the age of sixteen years. 4. Each bedroom has a minimum of seven square metres of floor space for each resident sixteen years of age or over. 5. A residence that accommodates residents under the age of eighteen months has a minimum area of 3.25 square metres of floor space for each resident and at least 7.5 square metres of floor space in every bedroom where residents under the age of eighteen months are accommodated. 6. Each resident is provided with his or her own bed and clean mattress suitable for the resident’s age and size, together with bedding that is appropriate according to the weather and climate. 7. No resident over six years of age shares a bedroom with another resident of the opposite sex unless the sharing is approved by a Director. 8. The residence has a minimum of one wash basin with hot and cold water and one flush toilet for every five residents or fewer and one bath or shower with hot and cold water for every eight residents or fewer and, where there is more than one toilet in any one room, each toilet has a separate compartment. 9. The water temperature in a washroom or bathroom in a residence does not exceed 49 degrees Celsius. 10. The residence has an outdoor play space that is equivalent in area to at least nine square metres for each resident based on the maximum number of children permitted in the licence except where an alternative arrangement is approved by the Director. 11. The outdoor play space is maintained in a safe and sanitary condition. 12. The temperature of the residence is maintained at not less than 17 degrees Celsius.  R.R.O. 1990, Reg. 70, s. 106.
107. Every licensee shall ensure that in each residence operated by the licensee, (a) drugs and records are kept in locked containers and that only persons authorized by the licensee have access to the drugs and records; (b) each fuel-fired appliance in the residence is serviced at least once a year by a person who is the holder of a certificate issued under section 14 of the Energy Act; and (c) the chimneys in the residence are cleaned as often as is necessary to keep them in a safe operating condition and a record is kept of the servicing and cleaning.  R.R.O. 1990, Reg. 70, s. 107. Fire Safety and Health
108. Every licensee shall ensure that each residence operated by the licensee has, (a) at least one acceptable exit from the first storey of the residence; (b) at least one acceptable exit or two means of egress from the third storey of the residence where the third storey provides sleeping accommodation; (c) one or more single station smoke alarms listed by Underwriters’ Laboratories of Canada located in each bedroom or sleeping area and in each storey at interior stairways; (d) a fire-resistant partition between any fuel-fired central heating appliance and the remainder of the building where there is a bedroom on the same floor as the central heating fuel-fired appliance; and (e) a 2A 10B.C.-rated fire extinguisher for the kitchen that is listed by Underwriters’ Laboratories of Canada.  R.R.O. 1990, Reg. 70, s. 108.
109. (1) Every licensee shall ensure that in each residence operated by the licensee, (a) all staff persons and residents are instructed in a manner suitable for their understanding in the procedures to be followed when a fire alarm is activated; (b) the procedures referred to in clause (a) are, (i) posted in conspicuous places in the residence, and (ii) practised at least once a month and a record is kept of each practice; (c) the fire alarm is used to initiate fire drills; (d) flammable liquids and paint supplies that are kept in the residence are stored in lockable containers; (e) sprinkler heads and fire detector heads in the residence are not painted; (f) all staff persons are trained in the proper use of fire extinguishing equipment and a record is kept of each training session using such equipment; (g) inspection of the premises of the residence, including equipment in the kitchen and laundry is made each night to ensure that there is no danger of fire and that all doors to stairwells, fire doors and smoke barrier doors are closed; and (h) a record of each inspection referred to in clause (g) is kept in the daily log of the residence.  R.R.O. 1990, Reg. 70, s. 109 (1). (2) Every licensee shall ensure that in each residence operated by the licensee, (a) all poisonous and hazardous substances are kept in lockable containers; (b) harmful substances and objects not essential to the operation of the residence are not allowed in the residence; (c) firearms are not allowed on the premises of the residence; and (d) a supply of drinking water is provided that is, in the opinion of the local medical officer of health, sanitary and adequate for the requirements of residents.  R.R.O. 1990, Reg. 70, s. 109 (2). Physical Restraint
109.2 Every licensee operating a residence shall ensure that when a resident of the residence is physically restrained, debriefing is conducted in accordance with the following rules: 1. One debriefing process must be conducted among the members of the residence’s staff who were involved in the physical restraint and, if the licensee is an individual who was involved in the physical restraint, the licensee. 2. Another debriefing process must be conducted among the persons mentioned in paragraph 1 and the resident who was physically restrained, and this process must be structured to accommodate the resident’s psychological and emotional needs and cognitive capacity. 3. Subject to paragraph 4, the debriefing processes referred to in paragraphs 1 and 2 must be conducted within 48 hours after the physical restraint was carried out. 4. If circumstances do not permit a debriefing process referred to in paragraph 1 or 2 to be conducted within 48 hours after the physical restraint was carried out, the debriefing process must be conducted as soon as possible after the 48-hour period and a record must be kept of the circumstances which prevented the debriefing process from being conducted within the 48-hour period.  O. Reg. 77/02, s. 6.
109.3 (1) Every licensee operating a residence shall ensure that the following training is successfully completed by all of the residence’s program staff persons and, if the licensee is an individual who provides direct care to residents of the residence, by the licensee: 1. A training program that includes training in the use of physical restraint and that is approved by the Minister. 2. All refresher courses required under the program.  O. Reg. 77/02, s. 6. (2) Every licensee operating a residence shall ensure that education respecting the following subject-matter is obtained by all of the residence’s program staff persons and, if the licensee is an individual who provides direct care to residents of the residence, by the licensee: 1. The provisions of this Regulation concerning physical restraint of residents of a residence. 2. The policies established by the Ministry of Community and Social Services concerning physical restraint of residents of a residence. 3. The residence’s policies concerning physical restraint of its residents.  O. Reg. 77/02, s. 6. (3) Every licensee operating a residence shall ensure that, (a) the education of a current program staff person and, if the licensee is an individual who provides direct care to residents of the residence, of the licensee, (i) in the subject-matter described in paragraph 1 of subsection (2) is completed within 30 days after each new regulatory provision concerning physical restraint of residents of a residence comes into force, (ii) in the subject-matter described in paragraph 2 of subsection (2) is completed within 30 days after each new ministry policy concerning physical restraint of residents of a residence is received by the licensee, and (iii) in the subject-matter described in paragraph 3 of subsection (2) is completed within 30 days after each new residence policy concerning physical restraint of its residents is established; (b) if a new program staff person commences employment in the residence, the person’s education in the subject-matter described in subsection (2) is completed within 30 days after the person commences employment in the residence; and (c) if a licensee who is an individual has not provided, but subsequently begins to provide, direct care to residents of the residence, the licensee’s education in the subject-matter described in subsection (2) is completed within 30 days after the licensee begins to provide direct care to residents of the residence.  O. Reg. 77/02, s. 6. (4) Every licensee operating a residence shall ensure that a performance review is conducted annually for each program staff person and that, during the performance review, the program staff person’s understanding and application of the subject-matter described in subsection (2) is assessed and recorded.  O. Reg. 77/02, s. 6. Foster Care
110. Sections 111 to 121 apply to the provision of residential care under clause 193 (1) (b) of the Act in foster homes where parent-model foster care is provided but do not apply to the provision of residential care by adoption agencies under clause 50 (1) (h) of this Regulation.  R.R.O. 1990, Reg. 70, s. 110.
112. No licensee shall select a placement for a child in a foster home or place a child in a foster home unless the licensee, (a) completes an assessment of the family and approves the family to provide foster care; (b) discloses to the foster parents all information known to the licensee about the child that is relevant to the care of the child; and (c) obtains the agreement of, (i) the foster parents, on the basis of the information provided in clause (b), and (ii) the placing agency where the placing agency is not the licensee, to the placement.  R.R.O. 1990, Reg. 70, s. 112; O. Reg. 160/13, s. 8.
113. Every licensee that places or intends to place a child in foster care shall ensure that a written record of, (a) any needs of the child that cannot be met by placement in the foster home; (b) how the needs of the child will be met; and (c) any reservations or concerns expressed by the foster parents about the placement of the child in the foster home, is included in the child’s file.  R.R.O. 1990, Reg. 70, s. 113.
114. (1) Every licensee or placing agency that places a child in foster care shall, (a) arrange for a person known to the child to accompany the child to the foster home on the date of the actual placement; and (b) ensure that the foster parents receive the health, medical and dental data necessary for the care of the child, including specification of any medical disorders, handicaps, allergies or limitations on activity.  R.R.O. 1990, Reg. 70, s. 114 (1). (2) Clause (1) (a) does not apply where the licensee, placing agency or a person designated by the licensee or placing agency approves an adult other than one known to the child to accompany the child.  R.R.O. 1990, Reg. 70, s. 114 (2). (3) The licensee or placing agency shall ensure that the data referred to in clause (1) (b) is given in writing at the time of the actual placement of the child in the foster home.  R.R.O. 1990, Reg. 70, s. 114 (3); O. Reg. 160/13, s. 9.
115. (1) Every licensee shall review and if necessary amend the foster plan of care for each child it places in foster care.  R.R.O. 1990, Reg. 70, s. 115 (1); O. Reg. 493/06, s. 18 (1). (2) The review referred to in subsection (1) shall be carried out with the involvement of the licensee, the placing agency where the placing agency is not the licensee, the child where the child is 12 years of age or over, the foster parents and, where appropriate, the child’s parents, (a) three months after placement, six months after placement and at least every six months thereafter; or (b) earlier than the timeframes referenced in clause (a) if, (i) there is a material change in circumstances which necessitates a review of the plan; or (ii) there is a change in the child’s placement.  O. Reg. 493/06, s. 18 (2). (3) The date of each review and any changes made in the foster plan of care shall be documented by the licensee in the child’s file.  O. Reg. 493/06, s. 18 (3). (4) A supervisor shall examine the child’s file at the time of each review to ensure that the required recording and documentation have been carried out and shall sign and date the record.  R.R.O. 1990, Reg. 70, s. 115 (4). (5) Where a foster care plan is reviewed without the involvement of one of the persons referred to in subsection (2), the reason shall be noted in the child’s file.  R.R.O. 1990, Reg. 70, s. 115 (5). (6) For the purposes of subsection (1), where the placing agency is not the licensee the placing agency and the licensee shall ensure that any reports respecting the child are shared between them upon receipt or as soon as practicable.  O. Reg. 493/06, s. 18 (4). (7) If a foster plan of care includes a recommendation to obtain specialized consultation, specialized treatment and supports for the child, or any one or combination of them, and any one of them has not been obtained within the specified timeframe, the reasons shall be noted in the child’s file by the licensee.  O. Reg. 493/06, s. 18 (4).
116. (1) Every licensee shall develop procedures for the selection, development and management of the foster homes used by the licensee.  R.R.O. 1990, Reg. 70, s. 116 (1). (2) Every licensee shall develop and maintain, (a) a system for classifying and utilizing foster homes; (b) procedures for the recruitment, screening and selection of foster parents; (c) an up to date list of foster homes that are approved by the licensee; (d) a system for supervising foster homes; and (e) a system for evaluating foster homes annually according to the objectives set for the type and level of care to be provided in each home.  R.R.O. 1990, Reg. 70, s. 116 (2).
117. (1) Every licensee shall ensure that it places no more than four foster children and no more than two foster children under two years of age in each foster home.  R.R.O. 1990, Reg. 70, s. 117 (1). (2) Subsection (1) does not apply where all the foster children are of common parentage or related to the foster parents and the placement is approved in writing by a Director.  R.R.O. 1990, Reg. 70, s. 117 (2). (3) Where a Director approves a placement referred to in subsection (2), the licensee shall ensure that the Director’s written approval is available for inspection by a program supervisor.  R.R.O. 1990, Reg. 70, s. 117 (3).
118. (1) No licensee shall approve a foster home to receive a child for foster care until the licensee or a person designated by the licensee, (a) conducts at least one planned interview with a foster parent applicant in the applicant’s home; (b) where more than one adult who lives in the home will be providing foster care in the home, conducts an interview individually and together with each adult; (c) in addition to the adults referred to in clause (b), meets with other family members of the applicant that live with the applicant and all other persons living in the home; (d) receives from a single applicant the names of at least three persons in the community to provide references and receives from joint applicants the names of at least five persons in the community to provide references; (e) contacts the references referred to in clause (d) by letter, telephone or in person and makes a record of their comments regarding the suitability of the applicant to provide foster care; (f) obtains a written statement from a physician, an individual approved by the local medical officer of health or a registered nurse in the extended class regarding the general health and specific illnesses or disabilities of the foster parent applicant and family members and whether or not they might interfere with the provision of foster care; and (g) visits the applicant’s home to determine whether or not it is suitable for placement of a foster child.  R.R.O. 1990, Reg. 70, s. 118 (1); O. Reg. 493/06, s. 19 (1, 2). (2) A person who visits the applicant’s home to determine whether or not it is suitable as a foster home shall, (a) conduct an assessment of, (i) the common living areas of the applicant’s home, (ii) the proposed sleeping area for a foster child, (iii) the grounds surrounding the home, and (iv) the play space used by the children in the home; and (b) take note of the recreational areas within walking distance of the foster home.  O. Reg. 493/06, s. 19 (3). (3) A visit referred to in subsection (2) shall be recorded in the applicant’s file.  R.R.O. 1990, Reg. 70, s. 118 (3).
119. (1) No licensee shall approve a home as a foster home unless the licensee is satisfied that the regular sleeping accommodation for the foster child or children meets the following requirements: 1. No room without a window is used as a bedroom. 2. No bedroom is in a building detached from the foster home, an unfinished attic or unfinished basement or a stairway hall. 3. Each foster child has a bed and clean mattress suitable for the age of the foster child together with bedding that is appropriate according to the weather and climate. 4. No foster child shares a bed or sleeping room with an adult couple or adult of the opposite sex. 5. No foster child over six years of age shares a bedroom with another child of the opposite sex.  R.R.O. 1990, Reg. 70, s. 119 (1). (2) Paragraph 4 of subsection (1) does not apply where a child is ill or an infant and the needs of the child require that the child be in the same room as an adult.  R.R.O. 1990, Reg. 70, s. 119 (2). (3) Subsection (1) does not apply where a Director approves an arrangement other than an arrangement required under that subsection.  R.R.O. 1990, Reg. 70, s. 119 (3).
120. (1) Every licensee that intends to place a child in foster care shall enter into a written foster care service agreement with the foster parents before placing a foster child with the foster parents.  R.R.O. 1990, Reg. 70, s. 120 (1). (2) The foster care service agreement shall set out, (a) the respective roles, responsibilities and obligations of the licensee and the foster parents; (b) support and training services to be provided by the licensee to the foster parents during the placement of children, including, (i) frequency and form of supervision, (ii) relief services, (iii) training opportunities, and (iv) professional consultation for the foster child; (c) financial arrangements for the care of a child, including, (i) the basis for determining the amount of payment to the foster parents, (ii) the method and frequency of payment to the foster parents, and (iii) the basis for determining which expenditures that the foster parents incur that the licensee will reimburse; (d) those things that are considered to be confidential between the foster parents and the licensee; (e) the frequency of performance evaluation by the licensee; and (f) the basis for termination of the agreement.  R.R.O. 1990, Reg. 70, s. 120 (2). (3) The foster care service agreement shall be reviewed by the licensee at least annually and at the request of a foster parent and updated by the parties to the agreement from time to time as is necessary to give proper effect to the agreement.  R.R.O. 1990, Reg. 70, s. 120 (3).
121. (1) Every licensee shall assign a staff person to supervise and support every foster family approved for placement by the licensee and to arrange for the support services provided for in the foster care service agreement.  R.R.O. 1990, Reg. 70, s. 121 (1). (2) Where the licensee is not the placing agency, the staff person referred to in subsection (1) shall visit the foster family home where the child is placed and consult with at least one foster parent within seven days after the placement and within 30 days after the placement.  O. Reg. 493/06, s. 20. (3) Where the licensee is the placing agency, the staff person referred to in subsection (1) shall consult with at least one foster parent within seven days after the placement and visit the foster family home within 30 days after the placement.  O. Reg. 493/06, s. 20. (4) Where a licensee approves a foster family and there is one or more children placed in the home, the staff person referred to in subsection (1) shall provide routine supportive foster home visits at least every three months.  O. Reg. 493/06, s. 20. (5) Where a licensee approves a foster family but no child is placed with the family, the staff person referred to in subsection (1) shall maintain contact with the foster family at least every three months.  O. Reg. 493/06, s. 20. (6) Every licensee shall have policies and procedures setting out expectations and timeframes for the licensee’s responses to foster parent inquiries and in no case shall the response time exceed three business days.  O. Reg. 493/06, s. 20.
122. (1) The following approved services are exempt from the application of the Act up to and including March 31, 1995: 1. London Psychiatric Hospital Child and Adolescent Unit. 2. Whitby Psychiatric Hospital Child and Adolescent Unit.  O. Reg. 509/94, s. 1. (2) The following approved agencies are exempt from the application of the Act, except section 3 and Part I, up to and including March 31, 1995: 1. Royal Ottawa Hospital Regional Children’s Centre. 2. Sudbury Algoma Hospital Regional Children’s Centre.  O. Reg. 509/94, s. 1. PArt X   Indian and Native Child and Family Services Prescribed Powers and Procedures
123. The following are prescribed powers for the purposes of section 213.1 of the Act: 1. The completion by a society of a full child protection investigation, if after the investigation there is a determination that a child is in need of protection under Ontario Regulation 206/00 (Procedures, Practices and Standards of Service for Child Protection Cases) made under the Act and the society makes a determination that the case requires a plan for ongoing protection services. 2. The apprehension of a child by a child protection worker under section 40, 41 or 43 of the Act. 3. The placement of a child, by a society, in a children’s residence as defined in section 192 of the Act or in a foster home as defined under subsection 3 (1) of the Act.  O. Reg. 493/06, s. 21.
124. (1) When exercising a power prescribed by section 123 the society shall,  (a) provide notice to a representative chosen by the child’s band or native community by the end of the next day after exercising the prescribed power to request that a case consultation occur as soon as practicable, but no later than five days after receipt of the notice, if the child is a member of a band or native community that is within the territorial jurisdiction of the society; or (b) provide written notice to a representative chosen by the child’s band or native community within five days after exercising the prescribed power to request that a case consultation occur as soon as practicable, but no later than 30 days after receipt of the notice, if the child is a member of a band or native community that is not within the territorial jurisdiction of the society.  O. Reg. 493/06, s. 21. (2) Notice under clause (1) (a) may be verbal but, if there are existing arrangements between the society and the band or native community, the notice shall be given in a manner that is consistent with those arrangements.  O. Reg. 493/06, s. 21. (3) If notice under clause (1) (a) is verbal, the society shall record the date and time of the notice and the name of the person to whom notice was given.  O. Reg. 493/06, s. 21. (4) Notice under clause (1) (b) may be given by regular mail or by fax.  O. Reg. 493/06, s. 21. (5) If notice is sent by regular mail, it shall be sent to the most recent address of the representative of the band or native community known to the society and is deemed to be received on the fifth day after it is mailed.  O. Reg. 493/06, s. 21. (6) If the notice is sent by fax, it is deemed to be received on the day after it is sent, unless that day is a holiday, in which case the copy is deemed to be received on the next day that is not a holiday.  O. Reg. 493/06, s. 21. (7) If a representative of the band or native community that acts in good faith does not, through absence, accident, illness or other cause beyond the representative’s control, receive the notice until a later date than the deemed date of receipt, subsection (5) or (6), as the case may be, does not apply.  O. Reg. 493/06, s. 21. Note:  Despite the amendments set out in sections 1 to 7 of Ontario Regulation 483/97, sections 18 to 25 of this Regulation, as they read on December 31, 1997, apply for the purpose of determining the amount payable to societies under section 19 of the Act with respect to any of their fiscal years ending before January 1, 1998.  See O. Reg. 483/97, ss. 1 to 7, 8. Form 1 Revoked:  O. Reg. 199/99, s. 7. Forms 2-38 Revoked:  O. Reg. 121/11, s. 17. Form 39 Revoked:  O. Reg. 160/13, s. 10. Forms 40-45 Revoked:  O. Reg. 121/11, s. 17.  Français