Foster Care

110. Sections 111 to 121 apply to the provision of
residential care under clause 193 (1) (b) of the Act in foster homes
where parent-model foster care is provided but do not apply to the
provision of residential care by adoption agencies under clause 50 (1)
(h) of this Regulation. R.R.O. 1990, Reg. 70, s. 110.

111. (1)
Every licensee shall ensure that before a child is accepted by the
licensee to receive foster care in a home that provides foster care for
or on behalf of the licensee that,
(a) a preliminary assessment is made of the child that sets out,
(i) the immediate needs of the child,
(ii) where it can be ascertained, whether the child is likely to be returned to his or her home,
(iii) available identifying information concerning the child,
(iv) the child’s legal status, and
(v) any other information that is, in the opinion of the licensee, relevant to the immediate care of the child; and
(b)
the immediate objectives of the provision of foster care for the child
have been determined, taking into account the developmental, emotional,
social, medical and educational needs of the child. R.R.O. 1990, Reg.
70, s. 111 (1).
(2) Every placing agency shall complete an
assessment of each child that it places in foster care within thirty
days of the child being placed in a foster home. R.R.O. 1990, Reg. 70,
s. 111 (2); O. Reg. 493/06, s. 17 (1).
(3) An assessment referred to in subsection (2) shall set out,
(a) the special needs of the child;
(b) the child’s legal status;
(c) available identifying information concerning the child;
(d) the child’s family history; and
(e) the circumstances necessitating out of home care for the child. R.R.O. 1990, Reg. 70, s. 111 (3).
(4) The licensee, within 30 days after placement of a child in a foster home, shall,
(a) review the assessment prepared under subsection (2); and
(b) participate in the development and finalization of a foster plan of care with,
(i) the placing agency, where the placing agency is not the licensee,
(ii) the foster parents,
(iii) the child, where the child is 12 years of age or over, and
(iv) the child’s parents, where appropriate. O. Reg. 493/06, s. 17 (2).
(5) The licensee shall ensure that the foster plan of care,
(a)
takes into account all available information on the child as set out in
any existing reports related to specialized consultation, specialized
treatment and supports;
(b) identifies desired outcomes based on each child’s specific strengths and needs; and
(c)
includes a plan to secure, within specified timeframes, the specialized
consultation, specialized treatment and supports, or any one or
combination of them, identified to promote the desired outcomes for the
child. O. Reg. 493/06, s. 17 (3).
(6) For the purposes of clause (5)
(a), where the placing agency is not the licensee, the placing agency
and the licensee shall ensure that any reports respecting the child are
shared between them upon receipt or as soon as practicable. O. Reg.
493/06, s. 17 (3).
(7) Every placing agency shall initiate a social
history of each child that it places in foster care within 60 days
after the child is placed and shall update it annually thereafter. O.
Reg. 493/06, s. 17 (4).
(8) The social history of a child shall include,
(a) identifying information;
(b) admission information;
(c) family history;
(d) birth history;
(e) developmental history;
(f) health history;
(g) academic history;
(h) history of court involvement;
(i) experiences of separation;
(j) personality and behaviour; and
(k) aptitudes and abilities. O. Reg. 493/06, s. 17 (4).
(9)
If the placing agency is not the licensee, the placing agency shall
share the social history that it has prepared with the licensee. O.
Reg. 493/06, s. 17 (4).
(10) A licensee shall use the social history
of a child as a resource in adapting the foster plan of care for the
child. O. Reg. 493/06, s. 17 (4).

112. No licensee shall select a placement for a child in a foster home or place a child in a foster home unless the licensee,
(a) completes an assessment of the family and approves the family to provide foster care;
(b)
discloses to the foster parents in accordance with section 180, 181 or
182 of the Act, all information known to the licensee about the child
that is relevant to the care of the child; and
(c) obtains the agreement of,
(i) the foster parents, on the basis of the information provided in clause (b), and
(ii) the placing agency where the placing agency is not the licensee,
to the placement. R.R.O. 1990, Reg. 70, s. 112.

113. Every licensee that places or intends to place a child in foster care shall ensure that a written record of,
(a) any needs of the child that cannot be met by placement in the foster home;
(b) how the needs of the child will be met; and
(c) any reservations or concerns expressed by the foster parents about the placement of the child in the foster home,
is included in the child’s file. R.R.O. 1990, Reg. 70, s. 113.

114. (1) Every licensee or placing agency that places a child in foster care shall,
(a) arrange for a person known to the child to accompany the child to the foster home on the date of the actual placement; and
(b)
ensure that the foster parents receive the health, medical and dental
data necessary for the care of the child, including specification of
any medical disorders, handicaps, allergies or limitations on activity.
R.R.O. 1990, Reg. 70, s. 114 (1).
(2) Clause (1) (a) does not apply
where the licensee, placing agency or a person designated by the
licensee or placing agency approves an adult other than one known to
the child to accompany the child. R.R.O. 1990, Reg. 70, s. 114 (2).
(3)
The licensee or placing agency shall ensure that the data referred to
in clause (1) (b) is given in writing in accordance with sections 180,
181 and 182 of the Act at the time of the actual placement of the child
in the foster home. R.R.O. 1990, Reg. 70, s. 114 (3).

115. (1)
Every licensee shall review and if necessary amend the foster plan of
care for each child it places in foster care. R.R.O. 1990, Reg. 70, s.
115 (1); O. Reg. 493/06, s. 18 (1).
(2) The review referred to in
subsection (1) shall be carried out with the involvement of the
licensee, the placing agency where the placing agency is not the
licensee, the child where the child is 12 years of age or over, the
foster parents and, where appropriate, the child’s parents,
(a) three months after placement, six months after placement and at least every six months thereafter; or
(b) earlier than the timeframes referenced in clause (a) if,
(i) there is a material change in circumstances which necessitates a review of the plan; or
(ii) there is a change in the child’s placement. O. Reg. 493/06, s. 18 (2).
(3)
The date of each review and any changes made in the foster plan of care
shall be documented by the licensee in the child’s file. O. Reg.
493/06, s. 18 (3).
(4) A supervisor shall examine the child’s file
at the time of each review to ensure that the required recording and
documentation have been carried out and shall sign and date the record.
R.R.O. 1990, Reg. 70, s. 115 (4).
(5) Where a foster care plan is
reviewed without the involvement of one of the persons referred to in
subsection (2), the reason shall be noted in the child’s file. R.R.O.
1990, Reg. 70, s. 115 (5).
(6) For the purposes of subsection (1),
where the placing agency is not the licensee the placing agency and the
licensee shall ensure that any reports respecting the child are shared
between them upon receipt or as soon as practicable. O. Reg. 493/06, s.
18 (4).
(7) If a foster plan of care includes a recommendation to
obtain specialized consultation, specialized treatment and supports for
the child, or any one or combination of them, and any one of them has
not been obtained within the specified timeframe, the reasons shall be
noted in the child’s file by the licensee. O. Reg. 493/06, s. 18 (4).

116. (1) Every licensee shall develop procedures for the selection,
development and management of the foster homes used by the licensee.
R.R.O. 1990, Reg. 70, s. 116 (1).
(2) Every licensee shall develop and maintain,
(a) a system for classifying and utilizing foster homes;
(b) procedures for the recruitment, screening and selection of foster parents;
(c) an up to date list of foster homes that are approved by the licensee;
(d) a system for supervising foster homes; and
(e)
a system for evaluating foster homes annually according to the
objectives set for the type and level of care to be provided in each
home. R.R.O. 1990, Reg. 70, s. 116 (2).

117. (1) Every licensee
shall ensure that it places no more than four foster children and no
more than two foster children under two years of age in each foster
home. R.R.O. 1990, Reg. 70, s. 117 (1).
(2) Subsection (1) does not
apply where all the foster children are of common parentage or related
to the foster parents and the placement is approved in writing by a
Director. R.R.O. 1990, Reg. 70, s. 117 (2).
(3) Where a Director
approves a placement referred to in subsection (2), the licensee shall
ensure that the Director’s written approval is available for inspection
by a program supervisor. R.R.O. 1990, Reg. 70, s. 117 (3).

118.
(1) No licensee shall approve a foster home to receive a child for
foster care until the licensee or a person designated by the licensee,
(a) conducts at least one planned interview with a foster parent applicant in the applicant’s home;
(b)
where more than one adult who lives in the home will be providing
foster care in the home, conducts an interview individually and
together with each adult;
(c) in addition to the adults referred to
in clause (b), meets with other family members of the applicant that
live with the applicant and all other persons living in the home;
(d)
receives from a single applicant the names of at least three persons in
the community to provide references and receives from joint applicants
the names of at least five persons in the community to provide
references;
(e) contacts the references referred to in clause (d) by
letter, telephone or in person and makes a record of their comments
regarding the suitability of the applicant to provide foster care;
(f)
obtains a written statement from a physician, an individual approved by
the local medical officer of health or a registered nurse in the
extended class regarding the general health and specific illnesses or
disabilities of the foster parent applicant and family members and
whether or not they might interfere with the provision of foster care;
and
(g) visits the applicant’s home to determine whether or not it
is suitable for placement of a foster child. R.R.O. 1990, Reg. 70, s.
118 (1); O. Reg. 493/06, s. 19 (1, 2).
(2) A person who visits the applicant’s home to determine whether or not it is suitable as a foster home shall,
(a) conduct an assessment of,
(i) the common living areas of the applicant’s home,
(ii) the proposed sleeping area for a foster child,
(iii) the grounds surrounding the home, and
(iv) the play space used by the children in the home; and
(b) take note of the recreational areas within walking distance of the foster home. O. Reg. 493/06, s. 19 (3).
(3) A visit referred to in subsection (2) shall be recorded in the applicant’s file. R.R.O. 1990, Reg. 70, s. 118 (3).

119.
(1) No licensee shall approve a home as a foster home unless the
licensee is satisfied that the regular sleeping accommodation for the
foster child or children meets the following requirements:
1. No room without a window is used as a bedroom.
2. No bedroom is in a building detached from the foster home, an unfinished attic or unfinished basement or a stairway hall.
3.
Each foster child has a bed and clean mattress suitable for the age of
the foster child together with bedding that is appropriate according to
the weather and climate.
4. No foster child shares a bed or sleeping room with an adult couple or adult of the opposite sex.
5.
No foster child over six years of age shares a bedroom with another
child of the opposite sex. R.R.O. 1990, Reg. 70, s. 119 (1).
(2)
Paragraph 4 of subsection (1) does not apply where a child is ill or an
infant and the needs of the child require that the child be in the same
room as an adult. R.R.O. 1990, Reg. 70, s. 119 (2).
(3) Subsection
(1) does not apply where a Director approves an arrangement other than
an arrangement required under that subsection. R.R.O. 1990, Reg. 70, s.
119 (3).

120. (1) Every licensee that intends to place a child
in foster care shall enter into a written foster care service agreement
with the foster parents before placing a foster child with the foster
parents. R.R.O. 1990, Reg. 70, s. 120 (1).
(2) The foster care service agreement shall set out,
(a) the respective roles, responsibilities and obligations of the licensee and the foster parents;
(b)
support and training services to be provided by the licensee to the
foster parents during the placement of children, including,
(i) frequency and form of supervision,
(ii) relief services,
(iii) training opportunities, and
(iv) professional consultation for the foster child;
(c) financial arrangements for the care of a child, including,
(i) the basis for determining the amount of payment to the foster parents,
(ii) the method and frequency of payment to the foster parents, and
(iii) the basis for determining which expenditures that the foster parents incur that the licensee will reimburse;
(d) those things that are considered to be confidential between the foster parents and the licensee;
(e) the frequency of performance evaluation by the licensee; and
(f) the basis for termination of the agreement. R.R.O. 1990, Reg. 70, s. 120 (2).
(3)
The foster care service agreement shall be reviewed by the licensee at
least annually and at the request of a foster parent and updated by the
parties to the agreement from time to time as is necessary to give
proper effect to the agreement. R.R.O. 1990, Reg. 70, s. 120 (3).

121.
(1) Every licensee shall assign a staff person to supervise and support
every foster family approved for placement by the licensee and to
arrange for the support services provided for in the foster care
service agreement. R.R.O. 1990, Reg. 70, s. 121 (1).
(2) Where the
licensee is not the placing agency, the staff person referred to in
subsection (1) shall visit the foster family home where the child is
placed and consult with at least one foster parent within seven days
after the placement and within 30 days after the placement. O. Reg.
493/06, s. 20.
(3) Where the licensee is the placing agency, the
staff person referred to in subsection (1) shall consult with at least
one foster parent within seven days after the placement and visit the
foster family home within 30 days after the placement. O. Reg. 493/06,
s. 20.
(4) Where a licensee approves a foster family and there is
one or more children placed in the home, the staff person referred to
in subsection (1) shall provide routine supportive foster home visits
at least every three months. O. Reg. 493/06, s. 20.
(5) Where a
licensee approves a foster family but no child is placed with the
family, the staff person referred to in subsection (1) shall maintain
contact with the foster family at least every three months. O. Reg.
493/06, s. 20.
(6) Every licensee shall have policies and procedures
setting out expectations and timeframes for the licensee’s responses to
foster parent inquiries and in no case shall the response time exceed
three business days. O. Reg. 493/06, s. 20.

122. (1) The following approved services are exempt from the application of the Act up to and including March 31, 1995:
1. London Psychiatric Hospital Child and Adolescent Unit.
2. Whitby Psychiatric Hospital Child and Adolescent Unit. O. Reg. 509/94, s. 1.
(2)
The following approved agencies are exempt from the application of the
Act, except section 3 and Part I, up to and including March 31, 1995:
1. Royal Ottawa Hospital Regional Children’s Centre.
2. Sudbury Algoma Hospital Regional Children’s Centre. O. Reg. 509/94, s. 1.