Proposed Regulatory Provisions Authorizing Select Uses of Mechanical Restraints under the Child, Youth and Family Services Act, 2017
Regulation - LGIC
Bill or Act:
Child, Youth and Family Services Act, 2017
Summary of Decision:
Provision regulating select mechanical restraints use for all service providers 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 Child, Youth and Family Services Act, 2017 (CYFSA) adds a new restriction that prohibits service providers and foster parents from using mechanical restraints on children and young persons except as Part VI (Youth Justice), Part VII (Extraordinary Measures), and the regulations authorize.
The CYFSA also adds a new definition of mechanical restraints: "mechanical restraints means a device, material or equipment that reduces the ability of a person to move freely, and includes handcuffs, flex cuffs, leg irons, restraining belts, belly chains and linking chains".
The current Child and Family Services Act, 1990 does not define mechanical restraints or impose restrictions on mechanical restraint use.
The proposed regulations outlined in this document will authorize select uses of mechanical restraints for all service providers and foster parents. The ministry is also proposing regulatory provisions specific to the use of mechanical restraints in secure treatment programs, and places of secure custody or places of secure temporary detention, which are posted separately.
The regulations proposed in this document are intended to authorize uses of mechanical restraints that promote and/or protect a child or young person's health.
The ministry is seeking public input on the proposed regulations that would authorize select uses of mechanical restraints under the CYFSA. The proposed regulations have been informed by input that the ministry has received from partners, service providers and other stakeholders.
The ministry also encourages anyone interested to review and provide feedback on regulatory provisions being proposed under Part VI (Youth Justice) and VII (Extraordinary Measures) of the CYFSA that are specific to mechanical restraint use in secure treatment programs, and places of secure custody or places of secure temporary detention.
Ministry of Children and Youth Services
56 Wellesley St West, 15th Floor
Toronto, ON M5S 2S3
April 30, 2018