Regulation - LGIC
Proposed Regulatory Provisions Governing Secure De-escalation Rooms under the Child, Youth and Family Services Act, 2017 (CYFSA)
Regulation Number(s):
Instrument Type:
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.
Under the Reducing Regulatory Cost for Business Act, 2017 (RRCBA), a Regulatory Impact Analysis (RIA) is not required for Minister's regulations.
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.
Under the Reducing Regulatory Cost for Business Act, 2017 (RRCBA), a Regulatory Impact Analysis (RIA) is not required for Minister's regulations.
Further Information:
Child, Youth and Family Services Act, 2017
LGIC Statement of Policy
Proposal Number:
17-CYS017
Posting Date:
December 11, 2017
Summary of Proposal:
The proposed regulatory provisions governing secure de-escalation rooms apply to all premises where the use of a secure de-escalation room has been approved by the ministry.
The ministry is proposing to include provisions in the regulations made under the CYFSA that are similar to existing O.Reg. 70 provisions under the CFSA, but with the following modifications:
• add the following requirements to the room criteria:
- be adequately ventilated and be maintained at not less than 20 degrees Celsius; and
- be maintained in a sanitary condition.
• change the requirement that a Director "may inspect the premises and the room to be approved for the purposes of determining whether the room can be approved" to "shall inspect the premises and the room to be approved for the purposes of determining whether the room can be approved";
• change the requirement that "the person in charge of the premises in which the room is located shall review the continued need … at least every two hours thereafter" to "the person in charge of the premises in which the room is located shall review the continued need … at least every one hour thereafter";
• improve documentation, record-keeping and reporting to the ministry, including:
- additional requirements for what the written record of each instance of the use of a secure de-escalation room must include; and
- new requirement that service providers maintain a monthly summary of the placements and that this summary be provided to the Director.
• make changes to reflect new terminology and for clarity, including but not limited to:
- replace "secure isolation room" with "secure de-escalation room";
- replace "for use for the secure isolation of" with "to de-escalate situations and behaviour involving"; and,
- change "the use of secure isolation" to "the use of a secure de-escalation room".
• remove provisions previously found in O. Reg. 70 paragraph 48.1 as they are in subsection 174(9) of the Act.
The ministry is proposing that existing ministry Director approvals for secure isolation rooms will be continued (transitional matters).
The ministry is proposing to include provisions in the regulations made under the CYFSA that are similar to existing O.Reg. 70 provisions under the CFSA, but with the following modifications:
• add the following requirements to the room criteria:
- be adequately ventilated and be maintained at not less than 20 degrees Celsius; and
- be maintained in a sanitary condition.
• change the requirement that a Director "may inspect the premises and the room to be approved for the purposes of determining whether the room can be approved" to "shall inspect the premises and the room to be approved for the purposes of determining whether the room can be approved";
• change the requirement that "the person in charge of the premises in which the room is located shall review the continued need … at least every two hours thereafter" to "the person in charge of the premises in which the room is located shall review the continued need … at least every one hour thereafter";
• improve documentation, record-keeping and reporting to the ministry, including:
- additional requirements for what the written record of each instance of the use of a secure de-escalation room must include; and
- new requirement that service providers maintain a monthly summary of the placements and that this summary be provided to the Director.
• make changes to reflect new terminology and for clarity, including but not limited to:
- replace "secure isolation room" with "secure de-escalation room";
- replace "for use for the secure isolation of" with "to de-escalate situations and behaviour involving"; and,
- change "the use of secure isolation" to "the use of a secure de-escalation room".
• remove provisions previously found in O. Reg. 70 paragraph 48.1 as they are in subsection 174(9) of the Act.
The ministry is proposing that existing ministry Director approvals for secure isolation rooms will be continued (transitional matters).
Contact Address:
Ministry of Children and Youth Services
56 Wellesley St West, 15th Floor
Toronto, ON M5S 2S3
56 Wellesley St West, 15th Floor
Toronto, ON M5S 2S3
Effective Date:
April 30, 2018
Decision:
Approved