Regulations relating to requirements for the assessment of a person's home as a place of safety and family and community placements (kinship service)
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.
December 12, 2017
Summary of Proposal:
Regulations which currently establish minimum requirements for the assessment of a person's home as a place of safety, and the assessment of proposed plans for children to reside in family and community placements (kinship service), are proposed to continue under the CYFSA. Changes are proposed to further support the safety of children and youth, encourage culturally appropriate service for Indigenous children and families, and create alignment with Ministry policy. Changes are also proposed to align terminology and numbering with the CYFSA.
The proposed regulation would make clearer that First Nations, Inuit or Métis child and family service authorities may assist with some of the procedures for assessing place of safety and kinship service homes. Certain procedures such as conducting searches of databases only available to societies would be reserved for societies given confidentiality requirements. The proposed changes would support timely assessments in remote areas and on First Nations reserves, and engagement with First Nations, Inuit and Métis authorities when societies assess potential placement options for Indigenous children and youth.
The proposed regulation would include requirements to obtain consents for, and conduct searches of the FastTrack Information System (FTIS) for the names of primary caregivers and other adults over 18 in a place of safety or proposed family and community placement (kinship service home) as part of the assessment process. FTIS is a database application containing the names of children and families who are receiving or have received child protection services from an Ontario children's aid society, or who are the subjects of records extracted from a society's online case management system. Societies would additionally be required to conduct searches of FTIS within seven days of obtaining the appropriate consents. These changes would further support child safety and timeliness of assessments.
The proposed regulation would also make clear that the procedures for the assessment of a proposed family or community placement (kinship service home) will apply when a 16 or 17 year old is in need of protection and a placement is proposed by the youth or their family.
A proposed companion LGIC Regulation would further define the term "police record check." This term would apply to the requirements for obtaining consent and requesting police record checks as part of the process for assessing places of safety and kinship service caregivers and other adults over 18 in a home. This definition would be modelled after the approach under O. Reg. 24/10 of the Children's Law Reform Act, 1990 relating to background checks for non-parent custody applicants, which includes a comprehensive list of police information which must be provided to the courts when considering non-parent custody applicants. This would promote greater clarity and consistency of society practice across the province for requesting police record checks and further support the safety of children and youth by ensuring that comprehensive information is sought from police record check providers when potential placements are being assessed.
• Regulation 70 under the CFSA
• O. Reg 206/00 under the CFSA
Ministry of Children and Youth Services
56 Wellesley St West, 15th Floor
Toronto, ON M5S 2S3
April 30, 2018