Proposed Regulatory Provisions on the Use of Physical Restraint under the Child, Youth and Family Services Act, 2017
Regulation - LGIC
Bill or Act:
Child, Youth and Family Services Act, 2017
Summary of Decision:
Regulation in force on April 30, 2018.
Analysis of Regulatory Impact:
As part of its obligations under the Reducing Regulatory Cost for Business Act, 2017 (RRCBA), the ministry has conducted the Regulatory Impact Analysis (RIA) to identify incremental direct compliance costs, including administrative costs, to for-profit child and youth service providers (businesses). Under the RRCBA, the ministry is required to report on total incremental administrative costs to businesses. The majority of child and youth service providers subject to the CYFSA are not-for-profit service providers and are not included in this analysis.
The proposed regulatory provisions identified in this posting fall under the General Consolidated LGIC regulation (O. Reg. 155/18). Total annual incremental administrative costs to businesses associated with the General Consolidated LGIC regulation as a whole are estimated to be $480,000.
December 11, 2017
Summary of Proposal:
The purpose of this document is to seek feedback on new and proposed changes to regulatory requirements related to physical restraint under the Child, Youth and Family Services Act, 2017 (CYFSA).
It is critically important that children and youth who receive ministry-funded, operated, or licensed services are safe and that restraints and other intrusive interventions are only used when absolutely necessary. That is why the ministry has included prohibitions on the use of these interventions in the CYFSA, and is proposing detailed parameters in regulation for situations where they must be used, including secure de-escalation rooms, mechanical restraints, and physical restraint.
This work supports the ministry's implementation of Safe and Caring Places for Children and Youth: Ontario's Blueprint for Building a New System of Licensed Residential Services, which was released in July 2017. The Blueprint is a multi-year plan to build a new child-and youth-centered residential service system in Ontario. Working collaboratively across child- and youth-serving sectors, the ministry is making fundamental changes so services are more responsive to the unique needs of children and youth in residential settings, to improve the quality of their everyday experience and to better support their health, safety, and well-being. The Blueprint includes the commitment to pursue the goal of minimizing the use of physical restraint and setting narrow requirements for the use of physical restraint for all service providers. The proposed changes outlined in this document will support this goal.
On June 1, 2017 the CYFSA received Royal Assent. When proclaimed, it will replace the Child and Family Services Act (CFSA). Section 6 of the CYFSA states no service provider or foster parent shall use or permit the use of physical restraint on a child or young person for whom the service provider or foster parent is providing services, except as the regulations authorize. The regulatory provisions proposed outline the requirements being considered respecting the use of physical restraint.
There are current regulatory provisions related to the use of physical restraint in Regulation 70 under the CFSA that apply only to residential licensees that operate a children's residence (i.e., group home). Overall, the ministry is proposing that the regulatory provisions related to physical restraint under the CYFSA also apply to all service providers and foster parents, where appropriate. In addition, the ministry is proposing regulatory changes related to physical restraint in the following key areas:
A. Rules for the Use of Physical Restraint
B. Written Policies
Many of these proposed changes have been informed by feedback that the government heard from youth with lived experience in licensed residential settings and stakeholders from sectors that deliver residential services.
These proposed changes would come into effect on a date to be determined.
Ministry of Children and Youth Services
56 Wellesley St West, 15th Floor
Toronto, ON M5S 2S3
April 30, 2018