Regulation - LGIC
Amendments to Regulatory Requirements for Child Protection, Adoption and Licensed Children's Residential Services in Response to COVID-19
Regulation Number(s):
Ontario Regulation 155/18
Instrument Type:
Regulation - LGIC
Bill or Act:
Child, Youth and Family Services Act, 2017
Summary of Decision:
To protect the safety and well-being of children and families during the COVID-19 outbreak, while following public health recommendations and supporting placement stability for children in the care of a society, amendments to O. Reg. 155/18 have been made to allow for specified departures from the following requirements:
• Section 31 has been amended to extend the period of time (currently 60 days) that a child may remain in the "place of safety" before that home must comply with residential licencing requirements, where the 60-day period expires during the emergency. The amendment permits the home to remain exempt from residential licensing requirements until 60 days after the end of the emergency.
• Section 99 has been amended to allow adoption agencies to depart from requirements for home visits, after a child has been placed for adoption. Departures may be considered if it is not feasible to conduct a visit using physical distancing and adequate assessment of risk to safety and well-being of a child through alternate means can be conducted. Departures must be documented and in-person home visits must be conducted as soon as reasonably possible.
To support licensed children's residential services provision, while protecting the safety and well-being of children and young persons during the outbreak, amendments to O. Reg. 155/18 have be made to the following requirement:
• Section 114.1 removes the obligation for residential licensees to pay the fee associated with a licence renewal, as well as the application for a licence, during the emergency.
• Section 31 has been amended to extend the period of time (currently 60 days) that a child may remain in the "place of safety" before that home must comply with residential licencing requirements, where the 60-day period expires during the emergency. The amendment permits the home to remain exempt from residential licensing requirements until 60 days after the end of the emergency.
• Section 99 has been amended to allow adoption agencies to depart from requirements for home visits, after a child has been placed for adoption. Departures may be considered if it is not feasible to conduct a visit using physical distancing and adequate assessment of risk to safety and well-being of a child through alternate means can be conducted. Departures must be documented and in-person home visits must be conducted as soon as reasonably possible.
To support licensed children's residential services provision, while protecting the safety and well-being of children and young persons during the outbreak, amendments to O. Reg. 155/18 have be made to the following requirement:
• Section 114.1 removes the obligation for residential licensees to pay the fee associated with a licence renewal, as well as the application for a licence, during the emergency.
Analysis of Regulatory Impact:
N/A
Further Information:
Ontario Regulation 155/18
Proposal Number:
20-MCCSS002
Posting Date:
Summary of Proposal:
The Ministry of Children, Community and Social Services has amended Ontario Regulation 155/18 under the Child, Youth and Family Services Act, 2017 to support the delivery of child protection, adoption and licensed children's residential services during the COVID-19 outbreak, while continuing to protect the safety and well-being of children and young persons.
Contact Address:
101 Bloor Street West, 2nd Floor, Toronto, ON, M5S 3L7
Effective Date:
May 8, 2020
Decision:
Approved