O. Reg. 265/24: GENERAL MATTERS UNDER THE AUTHORITY OF THE MINISTER

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ontario regulation 265/24

made under the

Child, Youth and Family Services Act, 2017

Made: June 20, 2024
Filed: June 25, 2024
Published on e-Laws: June 25, 2024
Published in The Ontario Gazette: July 13, 2024

Amending O. Reg. 156/18

(GENERAL MATTERS UNDER THE AUTHORITY OF THE MINISTER)

1. Ontario Regulation 156/18 is amended by adding the following sections:

Adoption placements

Requirement for safety plan

50.1.1 (1) A society shall, as required by this section, conduct a safety assessment in respect of any child in extended society care who is to be placed or has been placed for adoption in order to determine whether a safety plan is required for those children.

(2) For the purposes of this section, conducting a safety assessment in respect of a child in extended society care who is to be placed or has been placed for adoption consists of,

(a) assessing the home environment of the adoption placement and the physical aspects of the setting as they relate to the safety of the child; and

(b) making reasonable efforts to determine whether the child engages in behaviours that may pose a risk to the safety of the child or others or whether there are other risks to the child’s safety, on the basis of all information known to the society, including information about the child’s needs and behaviours contained in,

(i) any documents or information prepared by or provided to the society, including any serious occurrence reports or other reports concerning the child, and

(ii) any plan of care developed for the child.

(3) The society shall document any safety assessment conducted under this section and ensure that the documentation is maintained in the child’s file.

(4) A safety plan is required for a child under this section if, after conducting a safety assessment, the society determines that the child engages in behaviours that may pose a risk to the safety of the child or others or there are other risks to the safety of the child.

(5) Unless a safety plan has been previously developed for a child who already resides in the home environment in which the child is to be placed or has been placed for adoption, a safety assessment must be conducted by the society,

(a) in the case of a child who is to be placed for adoption, before the child’s placement; or

(b) in the case of a child who has been placed for adoption,

(i) during the development or review of a child’s adoption placement plan of care under section 50.1.7, and

(ii) immediately following any situation during which the child engages in any behaviours which may pose a risk to the safety of the child or others or during which the child’s safety is otherwise put at risk.

(6) If a safety plan is required for a child, the society shall ensure that a safety plan is developed in accordance with the requirements of section 50.1.2 as soon as possible and, in the case of a child who is to be placed for adoption, before the child’s placement.

(7) Within 60 days after the day on which section 1 of Ontario Regulation 265/24 made under the Act comes into force, a society shall, in respect of every child in extended society care who, before that day, has been placed for adoption,

(a) conduct a safety assessment in respect of the child; and

(b) if a safety plan is required, develop a safety plan as soon as possible in accordance with the requirements of section 50.1.2.

Development of safety plan

50.1.2 (1) In addition to any other information that the society developing the safety plan considers appropriate, a safety plan required under section 50.1.1 shall set out,

(a) the child’s behaviours that may pose a risk to the safety of the child or others and any other reasons for which the safety of the child is at risk;

(b) safety measures, including the amount of any supervision required, to prevent the child from engaging in behaviours that may pose a risk to the safety of the child or others or to otherwise protect the child;

(c) procedures to be followed by the prospective adoptive parents and any persons supporting the prospective adoptive parents by providing direct care to the child on behalf of the society while the child is placed for adoption in circumstances in which the child engages in behaviours referred to in clause (a) or in which the safety of the child is otherwise at risk;

(d) any recommendations, to which the society has access, from persons that provided or are providing specialized consultation services, specialized treatment or other clinical supports to address the child’s behaviours referred to in clause (a);

(e) any clinical or other supports to be provided to the child to address the behaviours referred to in clause (a); and

(f) the names, contact information and, if applicable, job titles of any persons consulted on and involved in the development of the safety plan, including the date or dates on which they were consulted.

(2) In developing a child’s safety plan under this section, the society shall consider any other safety plans previously developed for the child, if any.

(3) Subject to subsection (4), the society shall consult with the following persons and involve them in the development of the safety plan:

1. The prospective adoptive parents.

2. The child, to the extent possible given their age and maturity.

3. If a safety plan is being developed before the child’s placement, any person providing residential care for the child, including a foster parent.

4. In the case of a First Nations, Inuk or Métis child, a representative chosen by each of the child’s bands or First Nation, Inuit or Métis communities.

5. The person supervising the placement of the child in the home of the prospective adoptive parents, if this person is different than the person who is developing the safety plan.

(4) If it is not possible in the circumstances for all of the persons listed in subsection (3) to be consulted on or involved in the development of the safety plan,

(a) the society may nonetheless complete the safety plan; and

(b) the society shall, on an ongoing basis, make reasonable efforts to ensure that the relevant persons are consulted on and involved in the development of the safety plan and shall amend the safety plan as necessary.

(5) The society shall note in the child’s file, if applicable,

(a) the reasons that a person listed under subsection (3) was not consulted on or involved in the development of the safety plan; and

(b) a description of any efforts made by the society pursuant to clause (4) (b).

(6) If the child is able to understand the plan given their age and maturity, the society shall ensure that,

(a) the child is given an explanation of the plan in language suitable to their age and maturity; and

(b) the child is asked whether they would like to receive a copy of the plan and whether they would like to receive the copy in a written or electronic format.

(7) The society shall ensure that the following persons receive a copy of the child’s safety plan:

1. The prospective adoptive parents.

2. Any other person providing direct care for the child in the adoption placement on behalf of the society.

3. In the case of a First Nations, Inuk or Métis child, a representative chosen by each of the child’s bands or First Nation, Inuit or Métis communities.

4. The person supervising the placement of the child in the home of the prospective adoptive parents, if this person is different than the person who developed the safety plan.

5. The child, if the child has indicated they would like to receive a copy under clause (6) (b).

(8) The persons listed in subsection (7) shall receive the copy at the following times:

1. In the case of a safety plan developed for a child who is to be placed for adoption, before the placement.

2. In the case of a safety plan developed for a child who has been placed for adoption, as soon as possible after it is developed.

Review of safety plan

50.1.3 (1) A society shall review the safety plan of a child in extended society care who is to be placed or has been placed for adoption, in accordance with this section.

(2) If there is an existing safety plan for a child who already resides in the home environment in which the child is to be placed for adoption, a society shall review and amend the plan accordingly, before the child is placed for adoption.

(3) A safety plan must be reviewed during the development of the child’s adoption placement plan of care and during the review of the child’s plan.

(4) A safety plan must also be reviewed immediately after any of the following occurs:

1. The child engages in behaviour that poses a risk to the safety of the child or others or a situation occurs in which the child 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 child from engaging in behaviours that may pose a risk to the safety of the child or others or from otherwise being put at risk.

3. New information comes to the attention of the society respecting the safety risks posed by the child, or to which the child is subject, or behaviours of the child that has implications for the information included in the child’s safety plan.

4. The child or a person consulted on and involved in the development of the safety plan requests that the safety plan be reviewed.

(5) When reviewing a safety plan under this section, the society shall ensure that,

(a) it still adequately keeps the child 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 50.1.2 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 society about the child’s behaviours that might be relevant to the child’s safety plan are considered, including information provided by the child’s prospective adoptive parents and any persons supporting the prospective adoptive parent by providing direct care to the child on behalf of the society; and

(e) any recommendations received by the society from any individual named as a resource person for the child under section 5 or any persons supporting the prospective adoptive parent by providing direct care to the child on behalf of the society are incorporated into the safety plan.

(6) If a review is required because an incident referred to in paragraph 2 of subsection (4) occurs, the society shall ensure that measures to prevent the child from engaging in behaviour that may pose a safety risk to the child or others or to otherwise protect the child that are different from any measures previously set out in the safety plan are developed and set out in the amended safety plan.

Review of safety plan by prospective adoptive parents, etc.

50.1.4 (1) A society shall ensure that the safety plan of every child in extended society care who is placed for adoption is reviewed by the following persons and that the reviews take place within the timeframes required by subsection (2):

1. The prospective adoptive parents.

2. Any persons supporting the prospective adoptive parent by providing direct care to the child on behalf of the society.

3. The person supervising the placement of the child in the home of the prospective adoptive parents, if this person is different than the person who developed the safety plan.

(2) The persons listed in paragraphs 1, 2 and 3 of subsection (1) shall review the safety plan,

(a) in the case of the persons listed in paragraph 1, before the child is placed for adoption;

(b) in the case of the persons listed in paragraph 2 or 3, before the person begins to provide direct care to the child or begins to supervise the placement;

(c) as soon as possible after a safety plan is developed in cases where a safety plan is required after a child has been placed for adoption; and

(d) as soon as possible after a safety plan is amended.

(3) The society shall, each time the safety plan is reviewed by a person listed in subsection (1), ensure that the person confirms the review of the plan by signing the safety plan and indicating the date of the review.

Availability of safety plan

50.1.5 A society shall ensure that a copy of any safety plan developed for a child in extended society care who is placed for adoption is kept in the child’s file.

Requirements for adoption placement plan of care

50.1.6 (1) A society shall ensure that, for each child in extended society care who is placed for adoption,

(a) a written adoption placement plan of care is developed for the child within 30 days after the child has been placed for adoption; and

(b) a review of the child’s adoption placement plan of care is completed 90 days after the child’s placement, 180 days after the child’s placement and every 180 days after that.

(2) In the case of a child in extended society care who was placed for adoption before the day on which section 1 of Ontario Regulation 265/24 made under the Act comes into force, the following rules apply:

1. The society shall develop a written adoption placement plan of care within 60 days after the day on which Ontario Regulation 265/24 comes into force.

2. For the purposes of clause (1) (b), the child shall be deemed to have been placed for adoption 30 days after the day on which Ontario Regulation 265/24 comes into force.

(3) The society shall also ensure that a review of a child’s plan of care is completed as soon as possible after any of the following occurs:

1. There is a material change in the child’s circumstances that requires a review of the plan of care.

2. New information is received by the society about the child’s needs, behaviours or any diagnosis.

3. The child, the prospective adoptive parents, or the person supervising the placement if this person is different than the person who is responsible for reviewing the plan of care, request that the plan be reviewed.

(4) The purpose of a review is to,

(a) ensure that any information included in the plan of care is current; and

(b) document the services, treatment and supports referenced in the plan of care that have been provided to the child.

Development and review of adoption placement plan of care

50.1.7 (1) Before beginning the process of developing or reviewing an adoption placement plan of care, a society shall meet with the child and explain the following, to the extent possible given the child’s age and maturity:

1. The purpose for which an adoption placement plan of care is being developed or reviewed, as the case may be.

2. The type of information that will be discussed during the development or review of the adoption placement plan of care and the type of information that will be included in the plan.

3. The role of the child in the development or review.

(2) The society shall document the meeting held under subsection (1).

(3) When developing or reviewing a child’s adoption placement plan of care, the society shall use the information in the child’s file, notably,

(a) any safety assessment or safety plan developed for the child;

(b) any reports respecting the child prepared by or provided to a society, including serious occurrence reports, that relate to incidents involving the child and contain information that is reasonably necessary for the development or review of the adoption placement plan of care; and

(c) any personal, family and social history or assessment respecting the child that has been prepared by or provided to the society and that contains information that is reasonably necessary for the development or review of the adoption placement plan of care.

(4) The society shall ensure that, if possible in the circumstances, the following people are consulted on and involved in the development or review of an adoption placement plan of care:

1. Each prospective adoptive parent.

2. The child, to the extent possible given their age and maturity.

3. In the case of a First Nations, Inuk or Métis child, a representative chosen by each of the child’s bands or First Nation, Inuit or Métis communities.

4. The person supervising the placement of the child in the home of the prospective adoptive parents, if this person is different than the person who is developing or reviewing the plan of care.

(5) The consultations conducted under subsection (4) shall include at least one meeting during which are present the society and all of the persons that the society is able to consult on and involve in the development or review of the adoption placement plan of care.

(6) The society shall ensure that,

(a) reasonable notice of the meeting referred to in subsection (5) is provided;

(b) the meeting is scheduled at a time that is convenient for the child; and

(c) the meeting is conducted in a manner that encourages the child’s participation.

(7) The society shall consult with any of the persons listed in subsection (8) on the development or review of a child’s adoption placement plan of care if the society is of the opinion that the person could have information relevant to supporting the development or review of the child’s plan or if a person listed in subsection (4) recommends that the society do so.

(8) The persons mentioned in subsection (7) are the following:

1. The child’s probation officer, if any.

2. Any medical professionals or clinicians providing services, treatment or supports to the child.

3. Any individual named as a resource person for the child under section 5.

4. A representative from the child’s school.

5. Any persons supporting the prospective adoptive parents by providing direct care to the child on behalf of the society.

6. In the case of a review, any adult identified in the child’s most recent plan of care before the child was placed for adoption as being a positive influence in the child’s life, if any such adult was identified.

7. Any adult who was entitled to make an openness application with respect to the child under section 196 of the Act or whom the society considers as beneficial for the child to communicate or have a relationship with under an openness order or agreement under subsection 185 (2) of the Act.

(9) The society shall ensure that an adoption placement plan of care includes,

(a) the names and, if applicable, job titles of the persons consulted on and involved in the development or review of the plan; and

(b) the dates of any meetings held to discuss the development or review of the plan and the names of the persons who participated in the meetings.

(10) The society shall make reasonable efforts to have an adoption placement plan of care signed and dated by the persons referred to in subsection (4) who have been consulted on and involved in its development or review, in such a way as to indicate their agreement with the information set out in the plan.

(11) Despite subsection (10), if the child is not able to understand the adoption placement plan of care given their age and maturity or does not wish to sign it, the society is not required to have it signed and dated by the child.

(12) If the child is able to understand the adoption placement plan of care given their age and maturity and wishes to sign it, the society shall ensure that the child does not sign it until,

(a) the child is given an explanation of the plan in language suitable to their age and maturity; and

(b) the child is asked whether they would like to receive a copy of the plan and whether they would like to receive the copy in a written or electronic format.

(13) If the child indicates that they would like to receive a copy of the adoption placement plan of care, the society shall provide the child a copy, in the format chosen by the child, within seven days after it is developed or reviewed, as the case may be.

(14) If a person referred to in subsection (4) refuses to sign the child’s adoption placement plan of care, the society shall, within the child’s plan, indicate that the person refused to sign it and set out the reasons for the refusal.

(15) If a person referred to in subsection (4) was not consulted on and involved in the development or review of a child’s adoption placement plan of care, the society shall,

(a) make reasonable efforts to consult with and involve them after the development or review of the plan and record those efforts in the child’s plan; and

(b) amend the plan, if necessary, to reflect their input.

(16) If the plan is amended under clause 15 (b), the society shall provide a copy of the amended plan in accordance with subsection (13), with necessary modifications.

Content of adoption placement plan of care

50.1.8 (1) A society shall ensure that a child’s adoption placement plan of care includes information about the child’s needs, strengths and goals with respect to the following dimensions and how these needs, strengths and goals will be supported in the adoption placement:

1. Health.

2. Education.

3. Identity.

4. Family and social relationships.

5. Emotional and behavioural development.

6. Self-care skills.

(2) If an adoption placement plan of care is amended after its initial development, the society shall ensure that the plan is clearly labelled as being an amended adoption placement plan of care.

Availability of adoption placement plan of care and recordkeeping

50.1.9 (1) A society shall,

(a) take reasonable steps to ensure that the prospective adoptive parents and any persons supporting the prospective adoptive parents by providing direct care to the child on behalf of the society review the contents of the most recent version of a child’s adoption placement plan of care; and

(b) ensure that the prospective adoptive parents are provided with a copy of the child’s initial adoption placement plan of care and any amended adoption placement plan, following its development or review.

(2) The society shall ensure that the following is included in the child’s file:

1. The initial adoption placement plan of care developed for the child.

2. Any amended adoption placement plan of care.

3. An indication of whether the child was given the option of signing the adoption placement plan of care and whether the child was given the option of receiving a copy of the plan in accordance with subsection 50.1.7 (12).

4. An indication of whether the child was provided a copy of the adoption placement plan of care in written or electronic format under subsection 50.1.7 (13).

5. If applicable, an indication of whether the child was provided with a copy of the amended placement plan of care in written or electronic format under subsection 50.1.7 (16).

6. Documentation respecting the meeting held under subsection 50.1.7 (1).

2. Subsection 54 (7) of the Regulation is amended by striking out “entitled “Policy Directive: CW 003-23 Preparing Youth for Successful Transition from the Care of Children’s Aid Societies” and effective April 1, 2023” and substituting “entitled “Policy Directive: CW 001-24 Preparing Youth for Successful Transition from the Care of Children’s Aid Societies”, dated June 14, 2024 and effective July 1, 2024”.

Commencement

3. (1) Except as otherwise provided in this section, this Regulation comes into force on the later of July 1, 2024 and the day this Regulation is filed.

(2) Section 1 comes into force on the later of January 1, 2025 and the day this Regulation is filed.

Made by:
Pris par :

Le ministre des Services à l'enfance et des Services sociaux et communautaires,

Michael Parsa

Minister of Children, Community and Social Services

 

Date made: June 20, 2024
Pris le : 20 juin 2024

 

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