jswizzle3737/ontario_laws_and_regs huggingface dataset:
49.1 (1) For the purposes of Part VII of the Act, a person, other than a foster parent, who satisfies one of the following criteria is a birth parent: 1. A parent of the child under sections 6 to 13 of the Children’s Law Reform Act. 2. An individual who has been found or recognized by a court of competent jurisdiction outside Ontario to be a parent of the child. 3. An individual who, during the 12 months before the child is placed for adoption under Part VII of the Act, has demonstrated a settled intention to treat the child as a child of his or her family, or has acknowledged parentage of the child and provided for the child’s support. 4. An individual who, under a written agreement or a court order, is required to provide for the child, has custody of the child or has a right of access to the child. 5. An individual who acknowledged parentage of the child by filing a statutory declaration under section 12 of the Children’s Law Reform Act as it read before the day subsection 1 (1) of the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016 came into force. 6. Any person, other than those referred to in paragraphs 1 to 5, who was required to give consent to the child’s adoption under clause 137 (2) (a) of the Act. O. Reg. 486/16, s. 1. (2) For the purposes of openness orders under Part VII of the Act and openness agreements under section 153.6 of the Act, “openness” includes written, verbal or face to face contact or communication, where the communication may be direct or indirect and may permit the disclosure of identifying or non-identifying information and the frequency of contact or communication may vary from episodic to ongoing.  O. Reg. 493/06, s. 5. (3) For the purposes of the definition of openness, “non-identifying information” means information whose disclosure, alone or in combination with other information, does not reveal the identity of the person to whom it relates.  O. Reg. 493/06, s. 5. Consent to Adoption
50. (1) Every adoption agency shall, with respect to the placement of children, (a) ensure that counselling is made available to each person who is a parent within the meaning of subsection 137 (1) of the Act (parent defined) who is considering relinquishing a child for adoption; (b) recruit prospective adoptive parents for children who are awaiting adoption; (c) ensure that an assessment is conducted on each prospective adoptive parent; (d) ensure that each adoption placement is supervised; (e) ensure that assistance is provided to complete the adoption of children who have been placed by the adoption agency; (f) ensure that post adoption services are provided to a child who is an adopted person, the adoptive family and any other person who is directly affected by the adoption where a request is made for such services; (g) ensure that services related to the disclosure of information that relates to an adoption are provided in accordance with Part VII of the Act; and (h) ensure that each child awaiting placement for adoption receives residential care where required.  R.R.O. 1990, Reg. 70, s. 50 (1). (2) Every adoption agency shall provide consulting and interviewing space that ensures privacy for all persons involved in the adoption.  R.R.O. 1990, Reg. 70, s. 50 (2). (3) Every adoption agency shall ensure that it has access to the services of, (a) two members of the College of Physicians and Surgeons of Ontario, one of whom is recognized by the College as a member with a specialty in psychiatry; (b) a social worker approved by a Director, or by a local director in the case of a society; (c) a member of the College of Psychologists of Ontario; and (d) a person licensed to practise law under the Law Society Act.  O. Reg. 274/08, s. 3 (1). (3.1) Revoked:  O. Reg. 274/08, s. 3 (2). (4) Where a child to be placed by a licensee referred to in Part VII of the Act is an Indian or a native person, the licensee shall give the child’s band or native community thirty days written notice of the licensee’s intention to place the child for adoption.  R.R.O. 1990, Reg. 70, s. 50 (4).
52. (1) Every licensee referred to in Part VII of the Act that receives an application from a person who wishes to receive a child for adoption or to board a child intended to be placed for adoption shall upon receiving the application, (a) record a description of the home of the applicant; and (b) assess the home environment of the applicant including the applicant’s competence and suitability as a foster parent or adoptive parent, as the case may be, and make a record of the assessment.  R.R.O. 1990, Reg. 70, s. 52 (1). (2) Where a child is placed in a foster home and an assessment of the home is made under clause (1) (b), the licensee shall reassess the foster home at least once a year during the placement.  R.R.O. 1990, Reg. 70, s. 52 (2). (3) Where six months or more expire from the time that an assessment referred to in clause (1) (b) is made and a child is not yet placed or boarded with the applicant, a reassessment of the home environment of the applicant shall be made by the licensee before a child is placed or boarded with the applicant.  R.R.O. 1990, Reg. 70, s. 52 (3).
53. (1) A notice of a proposed placement under subsection 141 (3) of the Act shall be in a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 8; O. Reg. 172/17, s. 1. (2) A notice of a Director’s decision under subsection 142 (2) of the Act to approve a proposed placement for adoption or to refuse approval of a placement for adoption shall be in a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 8; O. Reg. 172/17, s. 1.
55. (1) Every adoption agency shall, before placing a child for the purpose of adoption, arrange for the preparation of a report of a homestudy of the prospective adoptive parents.  R.R.O. 1990, Reg. 70, s. 55 (1). (2) A licensee that is not exempted under subsection 141 (5) of the Act shall ensure that the homestudy referred to in subsection 142 (1) of the Act is prepared for the licensee by a person approved by a Director or local director and forwarded to the Director before the Director’s approval or refusal is given under subsection 142 (2) of the Act.  R.R.O. 1990, Reg. 70, s. 55 (2).
56. (1) Every adoption agency shall ensure that the home of the prospective adoptive parents is visited by a social worker approved by the Director or approved by a local director in the case of a society as soon as is practicable and no later than one month after the child is placed by the adoption agency in the home for adoption.  R.R.O. 1990, Reg. 70, s. 56 (1). (2) The adoption agency shall ensure that after the initial visit a social worker visits the home at least two times before the adoption order is made.  R.R.O. 1990, Reg. 70, s. 56 (2). Decision to Refuse to Place Child or to Remove Child after Placement
56.1 (1) An application for a review under subsection 144 (3) of the Act shall be made in a form approved by the Minister.  O. Reg. 493/06, s. 6; O. Reg. 121/11, s. 16. (2) For the purposes of subsection 144 (7) of the Act, the following additional practices and procedures are prescribed: 1. Within seven days of receipt of an application for a review under subsection 144 (3) of the Act, the Board shall give the applicant written notice of whether the applicant is eligible for a review under section 144 of the Act. 2. If the Board determines that the applicant is eligible for a review, the notice referred to in paragraph 1 shall set out the date and time of the hearing and shall be sent to all parties. 3. The application for review shall be heard by the Board within 20 days of the day the applicant received notice of eligibility under paragraph 1. 4. A decision and reasons under subsection 144 (11) of the Act shall be sent to the parties no later than 10 days after the end of a hearing.  O. Reg. 493/06, s. 6; O. Reg. 274/08, s. 6. (3) Notice under subsection (2) may be given by regular mail or by fax.  O. Reg. 493/06, s. 6. (4) If notice is sent by regular mail, it shall be sent to the most recent address known to the society or licensee and is deemed to be received by the applicant on the fifth day after it is mailed.  O. Reg. 493/06, s. 6. (5) If 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. 6. (6) Revoked:  O. Reg. 160/13, s. 5.
56.2 (1) In conducting a review under subsection 145 (3) of the Act, a Director may make such inquiries as the Director considers appropriate and may require the society or licensee that gave notice under subsection 145 (1) or (2) of the Act to provide such information or documentation as the Director may specify within a specified time period.  O. Reg. 493/06, s. 6. (2) The society or licensee that receives a request for information or documentation under subsection (1) shall comply with the request within the specified time period.  O. Reg. 493/06, s. 6. (3) Upon completing his or her review, a Director may, (a) make recommendations to the society or licensee that gave notice under subsection 145 (1) or (2) of the Act respecting the plan for placement of the child named in the notice; and (b) direct the society or licensee to report back to the Director in such form or within such time period as the Director may specify and to include in the report such information as the Director may specify.  O. Reg. 493/06, s. 6.
57.-57.3 Revoked:  O. Reg. 466/07, s. 1. Expenses
58. Expenses incurred by a licensee referred to in Part VII of the Act, (a) to prepare a social and medical history of a child who is adopted or who is intended to be adopted and to prepare a social and medical history of a person who is a parent of the child; (b) to conduct and prepare a homestudy of prospective adoptive parents; (c) to provide residential care for a child awaiting adoption placement; (d) to provide counselling services for a person who is a parent of a child, within the meaning referred to in subsection 137 (1) of the Act, regarding the parent’s decision to relinquish the child for adoption; (e) to provide transportation relating to the placement of a child for adoption; (f) to provide supervision of an adoption placement; (g) with respect to the administration of an adoption; (h) to provide post-adoption services that are considered by a Director as being necessary to ensure the success of an adoption; and (i) in addition to the matters referred to in clauses (a) to (h), any other services that in the opinion of the Director are necessary to ensure the success of an adoption; (j)  Revoked:  O. Reg. 274/08, s. 7. are expenses that may be charged by a licensee to an adoptive parent or a prospective adoptive parent.  R.R.O. 1990, Reg. 70, s. 58; O. Reg. 274/08, s. 7. Registration of Placements
59. (1) For the purpose of subsection 141 (6) of the Act (registration of placement), the placement of a child for adoption shall be registered by filing a notice with the Director in a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 10; O. Reg. 172/17, s. 1. (2) For the purpose of subsection 141 (7) of the Act (registration of placement), the Director shall register the placement of a child for adoption by recording the information concerning the placement in a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 10; O. Reg. 172/17, s. 1. (3) Every person that has a child placed with him or her for adoption shall within 30 days of the date of the placement complete and file with the adoption agency that arranged the placement an acknowledgment of adoption placement in a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 10; O. Reg. 172/17, s. 1. (4) Every licensee referred to in Part VII of the Act shall forthwith upon receiving an acknowledgment of adoption placement file a copy of the acknowledgment with a Director.  R.R.O. 1990, Reg. 70, s. 59 (4). Trust Accounts
60. (1) Every licensee referred to in Part VII of the Act shall deposit funds received by the licensee from prospective adoptive parents in 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, 1994. O. Reg. 575/17, s. 1. (2) The money paid into a trust account as required under subsection (1) shall only be withdrawn from the account with the consent of the prospective adoptive parent for whom the money is held and only for expenses incurred for services provided by the licensee with respect to the adoption of a child by the prospective adoptive parents.  R.R.O. 1990, Reg. 70, s. 60 (2). (3) Money remaining in a trust account after expenses are paid shall be returned to the person who paid the money to the licensee.  R.R.O. 1990, Reg. 70, s. 60 (3). (4) Every 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.  R.R.O. 1990, Reg. 70, s. 60 (4).
61. Revoked:  O. Reg. 274/08, s. 8. PART VIII   STATEMENT
62. A statement by a physician under subsection 183 (2) of the Act shall be in a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 11; O. Reg. 172/17, s. 1. PART IX   LICENSING
63. For the purposes of subsection 65 (11), the following Regions are designated: 1. The Northern Region, being the territorial districts of Algoma, Cochrane, Kenora, Manitoulin, Nipissing, Parry Sound, Rainy River, Sudbury, Thunder Bay, Timiskaming, The Regional Municipality of Sudbury and The District Municipality of Muskoka. 2. The Central Region, being the counties of Dufferin and Simcoe, the City of Toronto and the regional municipalities of Halton, York and Peel. 3. The Southwestern Region, being the counties of Brant, Bruce, Elgin, Essex, Grey, Huron, Kent, Lambton, Middlesex, Oxford, Perth and Wellington and the regional municipalities of Haldimand-Norfolk, Niagara, Hamilton-Wentworth and Waterloo. 4. The Southeastern Region, being the counties of Frontenac, Hastings, Lanark, Lennox and Addington, Northumberland, Peterborough, Prince Edward Renfrew and Victoria, the County of Haliburton, the united counties of Leeds and Grenville, Stormont, Dundas and Glengarry and Prescott and Russell and the regional municipalities of Durham and Ottawa-Carleton.  R.R.O. 1990, Reg. 70, s. 63; O. Reg. 77/02, s. 3. Licences
64. Every person applying for a licence under clause 193 (1) (a) of the Act to establish, operate or maintain a residence shall file with a Director evidence that the premises used or to be used as a residence comply with, (a) the laws respecting the health of inhabitants of the area in which the premises are located; (b) any rule, regulation, direction or order of the local board of health and any direction or order of the local medical officer of health; (c) any by-law of the municipality in which the premises are located or other law for the protection of persons from fire hazards; (d) any restricted area, standard of housing or building by-law passed by the municipality in which the premises are located pursuant to Part V of the Planning Act or any predecessor thereof; (e) the applicable requirements of the Building Code made under the Building Code Act, 1992; and (f) the applicable requirements of the Fire Code made under the Fire Protection and Prevention Act, 1997.  R.R.O. 1990, Reg. 70, s. 64; O. Reg. 400/93, s. 1; O. Reg. 77/02, s. 4; O. Reg. 160/13, s. 6.
66. (1) Upon application for a licence or renewal of a licence to establish, operate or maintain a residence or to provide residential care, a Director may inspect or cause to be inspected the residence or any premises where residential care is to be provided by the applicant for the purpose of determining the eligibility of the applicant for the licence or renewal.  R.R.O. 1990, Reg. 70, s. 66 (1). (2) The Director shall, at the time of issuing a licence or renewal of a licence to operate a residence, include in the licence the maximum number of children or young persons for whom care may be provided by the licensee.  R.R.O. 1990, Reg. 70, s. 66 (2); O. Reg. 122/09, s. 9 (1). (3) A licensee shall not admit to a residence more children and young persons than the maximum number of children and young persons permitted in the licence unless the admission is approved by a Director for a specified period of time.  O. Reg. 122/09, s. 9 (2). (4) A licensee that is a corporation shall notify a Director in writing within fifteen days of any change in the officers or directors of the corporation.  R.R.O. 1990, Reg. 70, s. 66 (4). Board
67. (1) The Child and Family Services Review Board continued under section 207 of the Act shall consist of not more than 34 members.  O. Reg. 303/01, s. 2. (2) Revoked:  O. Reg. 465/07, s. 4. (3) One member of the Board constitutes a quorum. O. Reg. 160/13, s. 7. (4) A Vice-Chair designated by the Chair has the jurisdiction and shall exercise the power of the Chair, (a) in the absence of the Chair; or (b) if the Chair is unable to act or the office of the Chair is vacant.  R.R.O. 1990, Reg. 70, s. 67 (4). (5) The Chair shall from time to time assign various members of the Board to its various hearings.  R.R.O. 1990, Reg. 70, s. 67 (5). Hearings
68. (1) A notice under subsection 197 (1) of the Act (notice of proposal) in respect of an application for a licence or a renewal of a licence referred to in subsection 193 (1) of the Act (licence required) shall be in a form provided by the Minister and shall be accompanied by two blank copies of a request for a hearing in a form provided by the Minister, with both forms being available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 13; O. Reg. 172/17, s. 1. (2) A notice under subsection 142 (2) of the Act (Director’s approval) or under subsection 197 (1) of the Act (notice of proposal) in respect of an application for a licence or a renewal of a licence referred to in subsection 193 (2) of the Act (licence required) shall be in a form provided by the Minister and shall be accompanied by two blank copies of a request for a hearing in a form provided by the Minister, with both forms being available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 13; O. Reg. 172/17, s. 1. (3) An application to the Board under subsection 36 (1) of the Act (Review by Board) shall be in a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 13; O. Reg. 172/17, s. 1.
69. (1) The Board shall serve on the parties to the hearing within 15 days after receiving the notice of the request for the hearing notice of a hearing in a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 14; O. Reg. 172/17, s. 1. (2) The Board shall serve the notice under subsection (1) to each party to the hearing by sending the notice by registered mail to the party at the party’s address last known to the Board.  R.R.O. 1990, Reg. 70, s. 69 (2).
69.1 Revoked:  O. Reg. 537/07, s. 1. Miscellaneous
70. (1) A local medical officer of health having jurisdiction in the area where a residence is located or any person designated by the local medical officer of health may at all reasonable times, upon producing proper identification, enter the residence and may, with respect to the health, safety or nutrition of the residents, inspect the facilities, the services provided, the books of account and the records relating to the services and make copies of those books and records or remove them from the premises to copy them as may be reasonably required.  R.R.O. 1990, Reg. 70, s. 70 (1). (2) No person shall hinder, obstruct or attempt to hinder or obstruct a local medical officer of health or a person designated by the local medical officer of health in the performance of the duties or knowingly give false information about the premises or services to a local medical officer of health or a person designated by the local medical officer of health.  R.R.O. 1990, Reg. 70, s. 70 (2). (3) No licensee or person in charge of a residence shall refuse to give a local medical officer of health or a person designated by the local medical officer of health access to the books and records referred to in subsection (1) or refuse to give a local medical officer of health or a person designated by the local medical officer of health information about the premises or services that the local medical officer of health or a person designated by the local medical officer of health reasonably requires.  R.R.O. 1990, Reg. 70, s. 70 (3). (4) The licensee shall carry out any recommendation made by the local medical officer of health or a person designated by the local medical officer of health concerning the health, safety or nutrition of any child or young person in the residence.  R.R.O. 1990, Reg. 70, s. 70 (4); O. Reg. 122/09, s. 10.
71. (1) Where a resident dies, the licensee who operates the residence in which the resident resides shall notify a coroner, other than a coroner who is a physician referred to in subsection 91 (2), of the death of the resident.  R.R.O. 1990, Reg. 70, s. 71 (1). (2) Where a child dies while in receipt of foster care in a foster home, the licensee who directly or indirectly operates the foster home shall, after consulting with the placing agency where the placing agency is not the licensee, notify a coroner.  R.R.O. 1990, Reg. 70, s. 71 (2). Management Practices
72. (1) Every licensee who provides residential care is responsible for the operation and management of the residences operated by the licensee, including the program, financial and personnel administration of the residences.  R.R.O. 1990, Reg. 70, s. 72 (1). (2) A licensee may appoint a person who shall be responsible to the licensee for the day to day operation and management of the residences.  R.R.O. 1990, Reg. 70, s. 72 (2). (3) Where a licensee or a person appointed under subsection (2) is absent, the powers and duties of the licensee or the person appointed under subsection (2) shall be exercised and performed by such person as the licensee designates.  R.R.O. 1990, Reg. 70, s. 72 (3).
73. (1) Every licensee shall maintain an up to date written statement of policies and procedures with respect to each residence operated by the licensee that sets out, (a) the purpose of the residence; (b) the program provided in the residence; (c) procedures relating to the admission and discharge of residents; (d) the planning, monitoring and evaluation of care provided to residents; (e) procedures for the maintenance of case records; (f) methods of maintaining discipline; (g) the health program provided for residents; (h) the methods of maintaining security of the residence; (i) the methods for involving a resident’s parent with the program of the residence; (j) the administrative structure of the residence; (k) staff and supervisory practices to be followed by staff persons in the residence; (l) the conduct and discipline of persons employed in the residence; (m) procedures to be followed in emergencies; (n) the financial administration of the residence; (o) the methods employed to encourage residents to participate in community activities; (p) articles prohibited by the licensee for the purposes of subsection 103 (3) of the Act; (q) procedures governing the expression of concerns or complaints by residents; and (r) procedures governing punishment and isolation methods that may be used in the residence.  R.R.O. 1990, Reg. 70, s. 73 (1). (2) A copy of the policies and procedures referred to in subsection (1) shall be kept in each residence and shall be accessible to each person employed in the residence.  R.R.O. 1990, Reg. 70, s. 73 (2). (3) Clause (1) (l) does not apply where the policies and procedures concerning conduct and discipline are included in a collective agreement between the licensee and employees of the licensee.  R.R.O. 1990, Reg. 70, s. 73 (3).
74. (1) Every licensee shall ensure that a daily log is maintained in each residence operated by the licensee.  R.R.O. 1990, Reg. 70, s. 74 (1). (2) Each incident that affects or that in the opinion of the licensee may affect the health, safety or well-being of a staff person in the residence or a resident shall be included in the daily log.  R.R.O. 1990, Reg. 70, s. 74 (2).
75. Every licensee shall ensure that each person employed in a residence operated by the licensee receives such immunization as is recommended by the local medical officer of health and a health assessment before the person commences employment.  R.R.O. 1990, Reg. 70, s. 75.
76. Every licensee shall ensure that each person employed to work in a residence operated by the licensee shall receive an orientation with respect to the policies and procedures of the residence within thirty days of commencement of employment in the residence.  R.R.O. 1990, Reg. 70, s. 76.
77. (1) Every licensee shall prepare and maintain an annual budget with respect to each residence operated by the licensee that sets out, (a) anticipated revenue of the residence; and (b) projected basic care expenditures and special care expenditures for the residents in the residence.  R.R.O. 1990, Reg. 70, s. 77 (1). (2) Where a licensee operates two or more residences, a separate budget shall be prepared for each residence and each budget shall show the individual costs for each residence and the costs that are shared between the residences.  R.R.O. 1990, Reg. 70, s. 77 (2).
78. (1) Every licensee shall, in respect of each residence maintained and operated by the licensee, (a) keep a complete record of revenues and expenditures made in connection with the operation of each residence; and (b) prepare and submit financial reports to a Director when required by a Director including reports by a public accountant licensed under the Public Accounting Act, 2004.  R.R.O. 1990, Reg. 70, s. 78 (1); O. Reg. 121/11, s. 15. (2) Subsection (1) applies with necessary modifications to a licensee placing children for adoption.  R.R.O. 1990, Reg. 70, s. 78 (2).
79. (1) Every licensee shall ensure that a policy of insurance with respect to each residence operated by the licensee is obtained and maintained in full force and effect.  R.R.O. 1990, Reg. 70, s. 79 (1). (2) A policy of insurance with respect to a residence shall include, (a) fire and extended coverage including coverage for the theft of the physical assets of the residence and the property of the residents; (b) comprehensive general liability coverage and personal injury coverage, including coverage for the employees of the residence and volunteers in the residence and in the case of a parent model residence, the persons who provide care for the residents; (c) a clause concerning liability arising out of any contract or agreement; and (d) motor vehicle coverage for all vehicles owned or used by employees of the residence and volunteers in the residence and in the case of a parent model residence, all vehicles owned or used by persons who provide care for residents.  R.R.O. 1990, Reg. 70, s. 79 (2). Admission
80. (1) Every licensee shall ensure that each person that applies for admission of a child to a residence operated by the licensee is notified in writing within twenty-one days of the date of the application for admission of the licensee’s decision with respect to admission of the child to the residence.  R.R.O. 1990, Reg. 70, s. 80 (1). (2) Where the licensee intends to admit the child, the licensee shall notify the applicant of the anticipated date of admission of the child.  R.R.O. 1990, Reg. 70, s. 80 (2). (3) Where the licensee is unable to notify the applicant of the decision with respect to admission within the twenty-one-day period referred to in subsection (1), the licensee shall, (a) advise the applicant in writing of the reasons for the delay; and (b) notify the applicant of the licensee’s decision with respect to admission as soon as possible in the circumstances.  R.R.O. 1990, Reg. 70, s. 80 (3).
82. Where an agreement for the provision of service to a child is not entered into under section 81, the licensee shall ensure that before a child is admitted to a residence operated by the licensee a consent for admission of the child in accordance with section 27 of the Act and a consent and authorization for the licensee to secure all necessary emergency medical treatment for the child is obtained.  R.R.O. 1990, Reg. 70, s. 82.
82.1 Sections 80 to 82 do not apply with respect to young persons.  O. Reg. 122/09, s. 11.
83. Every licensee shall ensure that, upon admission of a child or young person to a residence operated by the licensee, the child or young person receives an orientation to the residence and the program provided in the residence and that the child or young person is informed of the procedures that exist for a resident to express concerns or complaints while a resident.  O. Reg. 122/09, s. 12.
84. (1) Every licensee shall ensure that each child or young person admitted to a residence operated by the licensee has had a general medical examination by a physician or registered nurse in the extended class within thirty days prior to admission or has such an examination within seventy-two hours after admission.  R.R.O. 1990, Reg. 70, s. 84 (1); O. Reg. 493/06, s. 8; O. Reg. 122/09, s. 13 (1). (2) Where a resident has not had a general medical examination in accordance with subsection (1), the licensee shall note in the resident’s case record the circumstances that delayed the examination and arrange for an examination as soon as possible in the circumstances.  R.R.O. 1990, Reg. 70, s. 84 (2). (3) Where there are specific indications upon the admission of a child or young person that suggest that either a medical examination or treatment is urgently required for the child or young person, the licensee operating the residence where the child or young person is admitted shall arrange for the examination or treatment forthwith.  O. Reg. 122/09, s. 13 (2). (4) Where the medical examination or treatment referred to in subsection (3) cannot be arranged forthwith, the reason shall be noted in the resident’s case record and the licensee shall arrange for the examination or treatment, as the case may be, as soon as possible in the circumstances.  R.R.O. 1990, Reg. 70, s. 84 (4). (5) Every licensee shall ensure that each child or young person admitted to a residence operated by the licensee has had a dental examination by a dentist within six months prior to admission to the residence or has such an examination within ninety days after admission.  R.R.O. 1990, Reg. 70, s. 84 (5); O. Reg. 122/09, s. 13 (3). (6) Where a resident has not had a dental examination in accordance with subsection (5), the licensee shall note in the resident’s case record the circumstances that delayed the examination and arrange for an examination as soon as possible in the circumstances.  R.R.O. 1990, Reg. 70, s. 84 (6).
85. Every licensee shall ensure that, (a) upon admission of a child or young person to a residence operated by the licensee it is determined whether or not the child or young person being admitted is currently receiving medical treatment or medication or is suffering from any allergy or physical ailment; and (b) where applicable, the treatment or medication referred to in clause (a) is continued.  R.R.O. 1990, Reg. 70, s. 85; O. Reg. 122/09, s. 14. Programming
86.1 Where a plan of care developed under section 86 includes a recommendation to obtain specialized consultation, specialized treatment and supports, or any one or combination of them, identified to promote the desired outcomes for the resident and any one of them has not been obtained within the specified timeframe, the reasons shall be noted by the licensee in the resident’s written case record.  O. Reg. 493/06, s. 10.
87. (1) Every licensee shall consult at least annually with the school boards in the area in which each residence operated by the licensee is located for the purposes of identifying and utilizing the educational resources available for the residents.  R.R.O. 1990, Reg. 70, s. 87 (1). (2) Where, in the opinion of a licensee, the severity of the behavioural, physical or emotional problems of a resident in a residence operated by the licensee is such that the resident is unable to attend a school in the area in which the residence is located, the licensee shall document the need for an educational program for the resident and shall consult with the appropriate Director of Education with respect to the provision of a program for the resident in accordance with the requirements of the Education Act and the regulations thereunder.  R.R.O. 1990, Reg. 70, s. 87 (2).
88. Every licensee shall ensure that with respect to each residence operated by the licensee, (a) the residents receive well balanced meals that are nutritionally adequate for their physical growth and development; and (b) where special foods are recommended by a resident’s physician or registered nurse in the extended class, they are provided to the resident.  R.R.O. 1990, Reg. 70, s. 88; O. Reg. 493/06, s. 11.
89. (1) Every licensee shall ensure that each resident in a residence operated by the licensee has a supply of his or her own clothing of a suitable quality and size in relation to the resident’s age and activities and local weather conditions.  R.R.O. 1990, Reg. 70, s. 89 (1). (2) Where clothing for an individual resident is limited because of the resident’s need, the reason shall be noted in the resident’s case record.  R.R.O. 1990, Reg. 70, s. 89 (2).
90. (1) Every licensee shall ensure that prior to the transfer or discharge of a resident from a residence operated by the licensee, the resident is made aware of and understands, as far as possible, the reasons for the transfer or discharge.  R.R.O. 1990, Reg. 70, s. 90 (1). (2) Where a resident is transferred to another residence or discharged from a residence, the licensee shall, as soon as possible thereafter, but within thirty days of the transfer or discharge, forward a summary of the resident’s progress while in the residence including a summary of the plan of care and an assessment of the resident’s needs at the time of transfer to the licensee of the residence to which the resident is transferred or to the person or agency to whom the resident is discharged.  R.R.O. 1990, Reg. 70, s. 90 (2). (3) A copy of the summary referred to in subsection (2) shall be included in the resident’s case record in the residence from which the resident was transferred or discharged.  R.R.O. 1990, Reg. 70, s. 90 (3). Medical and Dental Care
91. (1) Every licensee shall ensure that the written policies and procedures in each residence operated by the licensee with respect to the health program referred to in clause 73 (1) (g) provide for, (a) resident access to community health programs; (b) arrangements for a physician or registered nurse in the extended class to advise the licensee on an ongoing basis about medical care required by the residents; (b.1) arrangements for a dentist to advise the licensee on an ongoing basis about dental care required by the residents; (c) at least an annual assessment of the health, vision, dental and hearing condition of the residents; (d) health education for the residents; and (e) the carrying out of procedures recommended by a physician for the prevention and control of disease.  R.R.O. 1990, Reg. 70, s. 91 (1); O. Reg. 493/06, s. 12 (1). (2) Every licensee shall ensure that the services of a physician or a registered nurse in the extended class are provided for each resident in each residence operated by the licensee at regular intervals and as often as is needed by the resident.  R.R.O. 1990, Reg. 70, s. 91 (2); O. Reg. 493/06, s. 12 (2). (3) Every licensee shall ensure that, where it is proposed to administer a medical or dental treatment to a resident in a residence operated by the licensee, the proposed treatment is fully explained to the resident in language suitable to the resident’s age and understanding.  R.R.O. 1990, Reg. 70, s. 91 (3). (4) Every licensee shall, with respect to each resident in a residence operated by the licensee, maintain a cumulative record of each resident’s medical and dental examinations and treatment while the resident is in the residence.  R.R.O. 1990, Reg. 70, s. 91 (4). (5) The cumulative record referred to in subsection (4) shall be kept in the resident’s case record.  R.R.O. 1990, Reg. 70, s. 91 (5).
92. (1) Every licensee shall ensure that with respect to each resident in each residence operated by the licensee, (a) prescription medicines are administered to a resident only under the general supervision of the program staff of the residence and only when prescribed by a physician or registered nurse in the extended class; and (b) a record is kept of all medication given to each resident, including the type of medication, the period for which it is prescribed, when each dose is to be given and is given and by whom each dose is given.  R.R.O. 1990, Reg. 70, s. 92 (1); O. Reg. 493/06, s. 13 (1). (2) The record referred to in subsection (1) shall be available to the prescribing physician or registered nurse in the extended class upon request.  R.R.O. 1990, Reg. 70, s. 92 (2); O. Reg. 493/06, s. 13 (2). (3) Every licensee shall provide lockable storage facilities in each residence operated by the licensee that shall be used for the medication of residents who are sixteen years of age or over and, in the opinion of the licensee, are able to assume responsibility for self administration of medication and wish to assume that responsibility.  R.R.O. 1990, Reg. 70, s. 92 (3). (4) Subsection (1) does not apply where the medication is self administered in a situation described in subsection (3).  R.R.O. 1990, Reg. 70, s. 92 (4). (5) Where, in the opinion of the physician or the registered nurse in the extended class, a resident is capable of administering the resident’s own medication, the physician or registered nurse in the extended class shall provide a copy of  the written self-medication plan for that resident to be kept in the resident’s record.  O. Reg. 493/06, s. 13 (3).
93. Every licensee shall ensure that each person in a residence operated by the licensee who suffers from a communicable disease and for whom isolation is considered necessary by a physician or registered nurse in the extended class is isolated from other persons in the residence who have not been infected.  R.R.O. 1990, Reg. 70, s. 93; O. Reg. 493/06, s. 14.
94. Every licensee shall ensure that each residence operated by the licensee is equipped with a first aid kit and a first aid manual, both of which shall be kept in a location that is known and accessible to staff of the residence.  O. Reg. 493/06, s. 15. Discipline, Punishment and Isolation
95. (1) Every licensee shall ensure that the written policies and procedures in each residence operated by the licensee with respect to discipline, punishment and any isolation measures as referred to in clauses 73 (1) (f) and (r) set out the practices that may be used by staff persons of the licensee and the practices that shall not be used by staff persons of the licensee.  R.R.O. 1990, Reg. 70, s. 95 (1). (2) The policies and procedures with respect to discipline, punishment and isolation measures shall be reviewed with each staff person of each residence when the staff person first receives orientation to the residence and at least annually thereafter.  R.R.O. 1990, Reg. 70, s. 95 (2). (3) The licensee shall ensure that the staff persons and residents in each residence operated by the licensee are informed of the type of behaviour of a resident that will result in the use of disciplinary measures.  R.R.O. 1990, Reg. 70, s. 95 (3). (4) The licensee shall ensure that no staff person in a residence operated by the licensee carries out any disciplinary procedure with respect to a resident unless the staff person has completed a training program with respect to the methods of discipline approved by the licensee.  R.R.O. 1990, Reg. 70, s. 95 (4). (5) The licensee shall ensure that where a punishment is administered to a resident or other intervention that is intended to reduce or eliminate a behaviour of a resident is used with a resident the fact is recorded in the resident’s case record by the person employing the punishment or intervention and that the licensee or a person designated by the licensee is informed of the application of the punishment or intervention.  R.R.O. 1990, Reg. 70, s. 95 (5).
96. No licensee shall, (a) use or permit the use of deliberate harsh or degrading measures to humiliate a resident or undermine a resident’s self respect; or (b) deprive or permit a person to deprive a resident of basic needs including food, shelter, clothing or bedding.  R.R.O. 1990, Reg. 70, s. 96.
97. (1) Every licensee shall, with respect to each residence operated by the licensee, develop and maintain policies and procedures with respect to a contravention of the policies and procedures referred to in subsection 73 (1) or the requirements of section 96 of this Regulation or section 101 of the Act by a staff person of a residence.  R.R.O. 1990, Reg. 70, s. 97 (1). (2) The policies and procedures with respect to a contravention referred to in subsection (1) shall be reviewed with each staff person of each residence operated by the licensee when the staff person first receives orientation to the residence and at least annually thereafter.  R.R.O. 1990, Reg. 70, s. 97 (2). Written Communications
98. Every licensee shall ensure that, where under subsection 103 (3) or (4) of the Act, a written communication is opened or an article removed from a written communication to or from a resident who is in a residence operated by the licensee, the reason for opening the written communication or removing the article is noted in the resident’s case record.  O. Reg. 122/09, s. 16. Records and Reports
99. (1) Every licensee shall maintain a written case record for each resident in a residence operated by the licensee that is regularly updated as information changes or becomes available and that includes, (a) the resident’s full name, sex and birth date; (b) the name, address and telephone number of the resident’s parents or the society or other person placing the resident; (c) any personal, family and social history and assessment that has been prepared by the licensee or provided to the licensee; (d) the reason for admission of the resident; (e) reports of all medical examinations and treatment given to the resident upon admission and while in the residence; (f) where obtainable, any legal document that is concerned with the resident’s admission to and stay in the residence including any consent to admission, treatment and release of information; (g) a copy of the agreement for service with respect to the resident including any revisions to the agreement and particulars of any reviews of the agreement; (h) school records and reports concerning the resident, where applicable; (i) the plan of care developed for the resident and particulars of any review of the plan of care or of the resident’s status; (j) reports of any serious occurrence involving the resident; (k) where applicable, documentation of the circumstances of transfer or discharge of the resident, the name, address and relationship of the person to whom the resident is transferred or discharged and the summary report referred to in subsection 90 (2); (l) where an incident referred to in subsection 102 (1) occurs, the time of the occurrence, the name of the person reporting it and the person to whom the report was made; (m) information on the resident’s personality and behaviour; (n) information on the resident’s experience or involvement with court; (o) information of the resident’s experiences of separation from individuals who are or have been significant in the resident’s life; (p) information on the resident’s aptitudes and abilities; and (q) such other information or documents with respect to the resident in addition to those referred to in clauses (a) to (p) as are considered appropriate by the licensee.  R.R.O. 1990, Reg. 70, s. 99 (1); O. Reg. 493/06, s. 16 (1, 2). (1.1) The licensee shall use the written case record referred to in subsection (1) as a resource to develop a plan of care for each resident under section 86.  O. Reg. 493/06, s. 16 (3). (2) A written case record of a resident shall be retained by the licensee for at least twenty years after the last entry in the record with respect to the resident or, where the resident dies, for at least five years after the death of the resident.  R.R.O. 1990, Reg. 70, s. 99 (2).
100. Every licensee shall maintain a register of residents in each residence operated by the licensee that includes, (a) the name, sex, birth date and wardship status of each resident; (b) the name and address of the parents of each resident or other person placing the resident; (c) the date of admission of the resident; and (d) where the resident is discharged from the residence, the date of discharge of the resident and the name of the person or agency to whom the resident is discharged.  R.R.O. 1990, Reg. 70, s. 100.
101. (1) Every licensee referred to in Part VII of the Act shall open and maintain a separate file with respect to, (a) each person who is a parent within the meaning of subsection 137 (1) of the Act who relinquishes a child to the licensee 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; and (d) each foster parent who provides services to the licensee in connection with an adoption.  R.R.O. 1990, Reg. 70, s. 101 (1). (2) The licensee shall review each file referred to in subsection (1) and bring the file up to date at least every six months until the file is closed.  R.R.O. 1990, Reg. 70, s. 101 (2). (3) The licensee shall permanently retain a record of the contents of each file referred to in subsection (1) unless the file is delivered up to the Minister as required under subsection 203 (1) of the Act (where licence revoked or operation ceases).  R.R.O. 1990, Reg. 70, s. 101 (3). (4) Every licensee shall submit to a Director such statistical information as the Director may require with respect to the operation of a residence operated by the licensee.  R.R.O. 1990, Reg. 70, s. 101 (4).