Acts and Regulations

2024-6 - Child and Youth Social Services

Table of contents
Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2024-6
under the
Child and Youth Well-Being Act
(O.C. 2024-9)
Filed January 26, 2024
Under section 153 of the Child and Youth Well-Being Act, the Lieutenant‑Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Child and Youth Social Services Regulation – Child and Youth Well-Being Act.
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DEFINITIONS
Definitions for the purposes of the Act and this Regulation
2The following definitions apply in the Act and this Regulation.
“community-based care resource” means a child and youth care resource in which the operator and staff members provide social services in a structured setting to a child or youth who resides in the child and youth care resource on a temporary basis.(centre de ressources communautaires)
“family-based care resource” means a child and youth care resource in which a care provider provides social services in a family setting to a child or youth who resides in the family-based care resource, excluding a foster home and a home in which kinship services are provided.(centre de ressources en milieu familial)
“foster home” means a child and youth care resource in which a foster parent provides social services in a family setting to a child or youth who resides in the foster home.(foyer d’accueil)
“siblings” means (frères ou sœurs)
(a) two or more children who have the same parent or parents, or
(b) two or more children with a significant relationship with each other who live or have lived together.
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Definitions for the purposes of this Regulation
3The following definitions apply in this Regulation.
“Act” means the Child and Youth Well-Being Act.(Loi)
“care plan for the child or youth” means a plan that outlines the supports and supervision that a person providing care to a child or youth provides to the child or youth, as agreed to by the Minister and the person providing care.(plan de soins pour l’enfant ou le jeune)
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STRATEGIC INTERVENTION AND
SUPPORT SERVICES
Stabilization services
4(1)For the purposes of this section, “stabilization services” means short-term social services that are provided to no more than four children or youth per child and youth care resource or location to address complex matters or resolve a crisis on the recommendation of an Integrated Clinical Team or as the result of multidisciplinary planning and include, but are not limited to,
(a) conflict resolution services, trauma-informed care and community treatment planning, and
(b) the facilitation of mental health services and neurodevelopmental services.
4(2)If the Minister provides stabilization services to a child or youth, the child or youth shall receive direct care 24 hours per day.
4(3)For the purposes of subsection 28(1) of the Act, the Minister may provide stabilization services to a child or youth who
(a) is between 12 and 18 years of age, inclusive, and
(b) requires a period of stabilization to address complex matters or resolve a crisis.
4(4)The following locations are prescribed for the purposes of subsection 28(2) of the Act:
(a) the site of a social service agency; and
(b) the site of a government department or agency.
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Youth engagement services
5For the purposes of section 30 of the Act, the Minister may provide youth engagement services to a youth who meets the following criteria:
(a) the youth is not a child or youth under the Minister’s care; and
(b) the youth
(i) cannot live safely with their parent as determined by an assessment of the Minister, or
(ii) has a dependant.
Services for young adults
6For the purposes of section 31 of the Act, the Minister may continue to provide services to a young adult if the person is enrolled in an educational program or participating in skills development initiatives, life skills initiatives or other educational or developmental initiatives, or demonstrates need or interest in these areas.
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Protective support
7(1)The Minister may provide protective support to the family of a child or youth if the care in the home results in or may result in a danger to the well-being of the child or youth.
7(2)The support under subsection (1) is for the purpose of promoting family engagement to maintain the well-being of the child or youth, improve family functioning and assist during the establishment and implementation of a plan for the child or youth.
Support after foster parent agreement
8The Minister may provide social services, including support, to a person who was previously receiving care under a foster parent agreement and who remains in the home of the foster parent after the termination of the agreement.
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PROTECTION SERVICES
Plan for the child or youth
Required information
9For the purposes of subsection 40(2) of the Act, the plan for the child or youth and the alternate plan for the child or youth shall include information with respect to
(a) the views and preferences of the child or youth,
(b) the gender expression of the child or youth,
(c) the culture, ethnicity, heritage, traditions and spiritual beliefs of the child or youth,
(d) the connections of the child or youth to kin and culture, ethnicity, heritage and traditions,
(e) services that would enhance the strengths of the child or youth and mitigate risks to their well-being,
(f) services that would assist in the development of the child or youth and foster their resilience, and
(g) goals to achieve positive outcomes for the child or youth and the time within which these goals may be attained.
Multidisciplinary planning
Factors
10When the Minister considers the use of multidisciplinary planning under subsection 42(1) of the Act, the Minister may consider whether the child or youth
(a) is subject to a personalized learning plan at school,
(b) is subject to a behavioural intervention plan,
(c) is not attending school on a full-time basis,
(d) has been charged with an offence or is subject to interventions under the New Brunswick Youth Diversion Model,
(e) was the subject of police intervention during their placement at a community-based care resource where social services were provided to the child or youth,
(f) requires mental health or addiction treatment beyond primary care, or
(g) has significant medical needs.
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Participation
11For the purposes of paragraph 42(2)(f) of the Act, the following persons and entities are prescribed:
(a) a peace officer;
(b) a private health care provider; and
(c) a medical practitioner practising outside the Province.
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Communication of information
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11.1(1)Information relating to multidisciplinary planning may be communicated to a parent of a child or youth provided that it is in the best interests of the child or youth.
11.1(2)The information shall be communicated in accordance with the information practices established by the Department of Social Development under section 48.1 of the Right to Information and Protection of Privacy Act.
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Foster homes, kinship services
and family-based care resources
Application
12(1)An individual who is 19 years of age or older may make an application to the Minister for approval of a foster home or family-based care resource on a form provided by the Minister.
12(2)On receiving a completed application for approval, the Minister shall issue an approval to the applicant if
(a) the applicant meets the applicable criteria and standards,
(b) the social services to be provided by the applicant meet the applicable criteria and standards, as determined by a home study evaluation, and
(c) in the case of a foster home in which the applicant is not kin of the child or youth or in the case of a family-based care resource, the applicant
(i) provides at least three references by persons not related to the applicant, and
(ii) has completed the child and youth placement development training or will complete the training as soon as the circumstances permit.
12(3)In the case of an application for approval of a foster home by a foster parent who is kin of a child or youth, the Minister may place the child or youth with the applicant before issuing an approval if the Minister completes at least one home visit and prescribes the date on which the applicant and the social services provided by the applicant shall meet the criteria and standards for approval.
Kinship services
13(1)In the case of the provision of kinship services by a kinship caregiver, the Minister may enter into an agreement as provided in section 43 of the Act if
(a) the kinship caregiver meets the applicable criteria and standards, and
(b) the social services to be provided by the kinship caregiver meet the applicable criteria and standards, as determined by a home study evaluation.
13(2)The Minister may place the child or youth with the kinship caregiver before the kinship caregiver and the services provided by the kinship caregiver meet the applicable criteria and standards if the Minister has completed at least one home visit and has prescribed the date on which the kinship caregiver and the services provided by the kinship caregiver shall meet the applicable criteria and standards.
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Standards
14(1)The following standards apply to each foster home, home of a kinship caregiver and family-based care resource:
(a) it shall be capable of meeting the basic and exceptional needs of the child or youth with any support that the applicant is eligible to receive from any source;
(b) it shall meet the standards of lighting, ventilation and other general health standards under the Public Health Act;
(c) it shall meet the standards under the Fire Prevention Act and be equipped with alarms, fire alarm systems and fire extinguishers as provided for under that Act;
(d) it shall contain a CSA Group certified Type 2 basic small first aid kit that is readily accessible and equipped with all of the contents;
(e) it shall be equipped with a space for the storage of toxic, chemical and cleaning products and medication that is inaccessible to the child or youth;
(f) if a firearm is stored in the home or resource, the firearm shall be stored and displayed in accordance with the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations (Canada);
(g) if it is equipped with a pool, the pool shall be installed in accordance with standards established by by-law or, in the absence of a by-law, the pool shall be surrounded by an enclosure having a height of at least 1.52 m with a door that shall be equipped with a self-latching device and all apparatus related to its operation shall be installed more than 1 m from the wall of the pool or the enclosure, as the case may be; and
(h) if an animal lives in the home or resource, the animal shall be maintained in accordance with the standards under the Society for the Prevention of Cruelty to Animals Act.
14(2)In the case of a foster home in which the applicant is not kin of the child or youth or in the case of a family-based care resource, the home or resource shall:
(a) be insured against the loss of or damage to property; and
(b) contain a bedroom for the child or youth that
(i) is completely enclosed by walls that extend from floor to ceiling,
(ii) is equipped with a door and windows in accordance with the Building Code Administration Act, and
(iii) if the child or youth shares a bedroom, contains a bed for each child or youth.
14(3)A child or youth receiving social services in a foster home, the home of a kinship caregiver or a family-based care resource shall not share a bedroom if the care plan for the child or youth specifies that the child or youth shall not share a bedroom.
14(4)The Minister shall determine whether the foster home, home of the kinship caregiver or family-based care resource meets the standards under this section after completing at least one home visit.
14(4.1)The Minister may provide support to assist a kinship caregiver in taking measures to ensure that the home meets the standards provided in this section.
14(5)A foster parent, kinship caregiver or care provider shall
(a) communicate to the child or youth emergency telephone numbers and the emergency evacuation procedure,
(b) provide privacy and access to a telephone or computer to enable the child or youth to communicate with
(i) persons who are important to the child or youth in accordance with the plan for the child or youth, and
(ii) the assigned social worker, the Youth in Care Network, the Child, Youth and Senior Advocate and any other individuals or organizations that would be in the best interests of the child or youth to communicate with, and
(c) notify the Minister of
(i) a proposed relocation as soon as the foster parent, kinship caregiver or care provider has knowledge of the proposed relocation, and
(ii) a change in the composition of the household as soon as the circumstances permit.
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Sleeping practices
15A foster parent, kinship caregiver or care provider shall follow Department of Health guidelines pertaining to safe sleep practices with respect to a child who is 12 months of age or under.
Nutrition
16A foster parent, kinship caregiver or care provider shall
(a) ensure that snacks and meals are provided daily for the child or youth, and
(b) take into account the allergies and special dietary needs of the child or youth.
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Internet access
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16.1A foster parent, kinship caregiver or care provider shall ensure access to the Internet and necessary technology to support the education of the child or youth.
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Dangerous animal prohibited
17A foster parent, kinship caregiver or care provider shall not keep in the foster home, home of the kinship caregiver or family-based care resource an animal that constitutes a safety risk to the child or youth.
Medication
18(1)A foster parent, kinship caregiver or care provider shall provide to a child or youth, after notifying the child or youth of the possible side effects, all required medication.
18(2)Subject to the law respecting consent to medical treatment referred to in the Medical Consent of Minors Act, a person who provides medication to a child or youth under subsection (1) shall administer the medication to the child or youth in accordance with the directions or as explained by a medical practitioner, nurse practitioner or pharmacist.
18(3)Despite subsection (2), the child or youth may self-administer the medication
(a) when the child or youth is capable of consent to medical treatment under the Medical Consent of Minors Act, or
(b) in any other case, if it is reasonable in the circumstances and the foster parent, kinship caregiver or care provider has notified the child or youth of the possible side effects of the medication.
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Automobile insurance
19A foster parent who is not kin of the child or youth or a care provider shall purchase and maintain automobile insurance of at least $1,000,000, that includes third party liability, for each motorized vehicle used by the members of the foster home or family-based care resource to transport the child or youth.
Communication of information
20(1)A foster parent, kinship caregiver or care provider shall notify the Minister as soon as the circumstances permit of the following matters related to the child or youth:
(a) an accident or illness requiring medical treatment or hospitalization;
(b) behaviour that is high-risk or self-harming;
(c) behaviour that indicates suicidal intent, a threat of suicide or a suicide attempt;
(d) an intervention by a police or law enforcement officer;
(e) the administration of medication that results in serious adverse effects on the child or youth or whether a serious error was made in the provision or administration;
(f) an allegation that the child or youth was harmed as a result of mistreatment or negligence or that the child or youth caused harm as a result of mistreatment or negligence;
(g) the fact that the child or youth observed, was involved in or was exposed to a situation of elevated risk or a disaster that may cause emotional trauma or post-traumatic stress;
(h) a suspension of the child or youth from the school or day program;
(i) a change in circumstances that may necessitate an amendment to the plan for the child or youth;
(j) the removal of the child or youth from the foster home, home of the kinship caregiver or family-based care resource contrary to an approval;
(k) the absence of the child or youth from the foster home, home of the kinship caregiver or family-based care resource without permission when it is considered by the foster parent, kinship caregiver or care provider to be a serious matter;
(l) any other circumstances that may endanger the well-being of the child or youth; and
(m) the death of the child or youth.
20(2)A foster parent, kinship caregiver or care provider shall provide monthly feedback to the Minister with respect to the following matters related to the child or youth:
(a) strengths, growth and development, interests and passions, education, extracurricular accomplishments and future goals;
(b) interactions between the child or youth and the parent and observations with respect to the child or youth before and after contact with the parent; and
(c) the need for supports to ensure the success of
(i) the foster home, home of the kinship caregiver or family-based care resource, and
(ii) the child or youth.
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Records
Repealed: 2024-71
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21Repealed: 2024-71
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Record of care for the child or youth
22(1)A foster parent, kinship caregiver or care provider shall maintain a record of care for the child or youth that includes the following information:
(a) up-to-date health and dental information;
(b) up-to-date information with respect to education and report cards;
(c) awards, accomplishments and photos; and
(d) strengths, areas of growth and development, interests and passions and future goals.
22(2)As soon as a foster parent, kinship caregiver or care provider is no longer providing social services to a child or youth, they shall submit the record of care under subsection (1) to the Minister.
Health services card
23The Minister shall provide a health services card to a child or youth receiving social services in a foster home, the home of a kinship caregiver, a family-based care resource or the home of a person providing care to a child or youth in accordance with an order of the Court to enable the child or youth to receive services under the Health Services Act.
Smoking prohibited
24(1)A foster parent or care provider shall prohibit smoking, as defined in the Smoke-free Places Act, in the foster home or family-based care resource, including in the outdoor recreational area, during excursions and while transporting a child or youth receiving social services in the home or resource.
24(2)Subsection (1) does not apply to a foster parent who is kin of the child or youth.
24(3)A foster parent, kinship caregiver or care provider shall not purchase for or provide to the child or youth tobacco, smoking supplies or electronic cigarettes as those terms are defined in the Tobacco and Electronic Cigarette Sales Act.
24(4)Harm reduction practices may be included in the care plan for the child or youth and may include medically prescribed replacement therapy.
Personal property
25As soon as a child or youth is no longer receiving social services from a foster parent, kinship caregiver or care provider, the foster parent, kinship caregiver or care provider shall return to the child or youth their personal property.
Community-based care resources
and places of safe and supportive care
Application
26(1)A company incorporated under the Companies Act or a corporation as defined in the Business Corporations Act may make an application to the Minister for approval to operate a community-based care resource or place of safe and supportive care on a form provided by the Minister.
26(2)An application for approval to operate a community-based care resource or place of safe and supportive care shall include the following documents and information:
(a) in the case of a company incorporated under the Companies Act, a copy of the charter, letters patent or other documents evidencing the incorporation of the company;
(b) the address of the premises of the company or corporation;
(c) a copy of certificates of insurance as proof of the insurance required under section 30 or a declaration by the insurer of its intention to issue the certificates of insurance;
(d) a statement of compliance of a medical officer of health appointed under the Public Health Act stating that the resource or place meets general health standards, including lighting and ventilation standards, under the Public Health Act;
(e) a statement of compliance of a fire marshal, a deputy fire marshal or a fire prevention officer appointed under the Fire Prevention Act stating that the resource or place meets the standards under the Fire Prevention Act;
(f) a strategic plan, including the mission, values, goals and target population;
(g) the names of the members of the board of directors and letters of reference evidencing their work experience and educational background, when applicable;
(h) an operational plan, including a description of the required facilities;
(i) an organizational chart, including a description of job positions and the expected education and experience of staff members;
(j) a financial plan, including an evaluation of sources of income and a business case for at least one year;
(k) a description of
(i) the social services to be offered,
(ii) the models of care to be employed,
(iii) the programming and procedures to be undertaken, and
(iv) how the care to be provided will be linked to other support services in the community; and
(l) an evacuation plan in the event of an emergency or a health hazard.
26(3)On receiving a completed application for approval, the Minister shall issue an approval to the applicant if
(a) the applicant meets the applicable criteria and standards, and
(b) the social services to be provided by the applicant meet the applicable criteria and standards.
26(4)If the applicant meets the criteria and standards referred to in paragraphs (2)(c), (d), (e) and (l), the Minister may permit the applicant to operate a community-based care resource or a place of safe and supportive care before issuing an approval if the Minister sets the date on which the applicant shall meet all other criteria and standards for approval.
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Board of directors
27The board of directors of a community-based care resource or place of safe and supportive care shall consist of members elected at an annual meeting.
Standards
28(1)The following standards apply to each community-based care resource and place of safe and supportive care:
(a) it shall be capable of meeting the basic and exceptional needs of each child or youth by providing trauma-informed care with any support that the applicant is eligible to receive from any source;
(b) it meets the standards under the Public Health Act;
(c) it meets the standards under the Fire Prevention Act;
(d) in the case of a place of safe and supportive care, the place is equipped with fire alarms and sprinkler systems in accordance with the current standards of the National Building Code of Canada;
(e) it complies with relevant municipal by-laws;
(f) it shall contain a CSA Group certified Type 2 basic small first aid kit that is readily accessible and equipped with all of the contents;
(g) it shall contain a fully equipped kitchen that has available for use
(i) a separate space for meal preparation,
(ii) a space for food storage, and
(iii) a locked storage space for sharp objects;
(h) it shall contain a dining area with a sufficient number of seats to create a home-like environment;
(i) it shall contain one or more bedrooms, and each bedroom shall
(i) be completely enclosed by walls that extend from floor to ceiling,
(ii) be equipped with a bed for each child or youth,
(iii) have a floor area of at least 7.4 m2 if the bedroom is occupied by one child or youth,
(iv) have a floor area of at least 11.1 m2 if the bedroom is occupied by two children or youth, with a space between the two beds of at least 1 m,
(v) have ready access to an exit,
(vi) be equipped with a non-toxic mattress, pillows, pillowcases, bedsheets and linens, and
(vii) have adequate storage space for the clothing and personal effects of each child or youth;
(j) it shall contain at least one bathroom that is equipped with hot and cold running water;
(k) it shall contain a laundry facility that has adequate laundry materials;
(l) it shall contain a designated recreational area for the child or youth;
(m) it shall contain or have access to an outdoor recreational area for the child or youth; and
(n) it shall be equipped with a separate locked space for the storage of toxic, chemical and cleaning products and medications that is inaccessible to the child or youth.
28(2)A child or youth shall not share a bedroom in a community-based care resource unless the children or youth are siblings and the care plan for the child or youth specifies that the child or youth may share a bedroom.
28(3)The Minister shall determine whether the community-based care resource or place of safe and supportive care meets the standards under subsection (1) after completing at least one on-site visit.
28(4)An operator of a community-based care resource or place of safe and supportive care shall obtain approval from the Minister before significantly altering the living space used to provide direct care to a child or youth.
28(5)An operator shall
(a) communicate and clearly display in the community-based care resource or place of safe and supportive care
(i) emergency telephone numbers,
(ii) the telephone number of the zone office of the Department of Social Development,
(iii) the telephone number of the Child, Youth and Senior Advocate,
(iii.1) the telephone number of the New Brunswick Youth in Care Network,
(iv) the telephone number of Tele-Care,
(v) the telephone numbers of community mental health centres,
(vi) the telephone numbers of after-hours and walk-in clinics, and
(vii) the emergency evacuation procedure,
(b) provide privacy and access to a telephone or computer to enable the child or youth to communicate with
(i) persons who are important to the child or youth in accordance with the plan for the child or youth or the plan for safe and supportive care, and
(ii) the assigned social worker, the Youth in Care Network, the Child, Youth and Senior Advocate and any other individuals or organizations that would be in the best interests of the child or youth to communicate with,
(c) notify the Minister of a proposed relocation at least 60 days before the relocation, and
(d) ensure that the interior and exterior of the community-based care resource or place of safe and supportive care are safe, clean, functional and maintained daily.
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Certificates
29A staff member of a community-based care resource or place of safe and supportive care who provides social services directly to a child or youth shall hold the following valid certificates, or shall have successfully completed training or shall hold certificates that in the opinion of the Minister are equivalent to the following certificates:
(a) a first aid and cardiopulmonary resuscitation certificate;
(b) a certificate in non-violent crisis intervention;
(c) a certificate in suicide awareness and prevention;
(d) a certificate with respect to trauma-informed care;
(e) a certificate with respect to the transition of a child or youth to and from care; and
(f) any other certificate that is appropriate, in the opinion of the Minister.
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Insurance
30The operator of a community-based care resource or place of safe and supportive care shall purchase and maintain
(a) insurance against the loss of or damage to property,
(b) automobile insurance that includes third party liability for each motor vehicle used by the staff members to transport a child or youth receiving social services in the resource or place, and
(c) general liability insurance of at least $2,000,000 that provides coverage to the company or corporation, the members of the board of directors and the staff members.
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Transportation of child or youth
31The operator of a community-based care resource or place of safe and supportive care that transports a child or youth or provides for the transportation of a child or youth shall ensure that the driver of the motor vehicle complies with the Motor Vehicle Act and the regulations under that Act.
Section 320.14 of the Criminal Code
32An operator of a community-based care resource or place of safe and supportive care may employ, or engage in any other manner as a staff member, a person who has been convicted of a violation of subsection 320.14(1) or (4) of the Criminal Code (Canada), but that person shall not transport a child or youth in a motor vehicle while acting in the course of the employment of the person for five years after the date of the conviction of the person.
Inspection
33(1)An operator of a community-based care resource or place of safe and supportive care shall ensure that the resource or place complies with
(a) the standards of lighting and ventilation and other general health standards under the Public Health Act, and
(b) the standards under the Fire Prevention Act.
33(2)An operator shall permit a medical officer of health and a fire marshal, a deputy fire marshal or a fire prevention officer to inspect the community-based care resource or place of safe and supportive care at least once each year to ensure compliance with the standards under subsection (1).
Internet access
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33.1 The operator of a community-based care resource or a place of safe and supportive care shall ensure access to the Internet and necessary technology to support the education of the child or youth.
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Nutrition
34(1)An operator of a community-based care resource or place of safe and supportive care shall ensure that snacks and meals are provided daily for the child or youth.
34(2)An operator shall take into account the allergies and special dietary needs of the child or youth and display information concerning the allergies and special dietary needs in the food preparation area.
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Communication of information
35(1)An operator of a community-based care resource or place of safe and supportive care shall notify the Minister, as soon as the circumstances permit, of the following matters related to a child or youth:
(a) an accident or illness requiring medical treatment or hospitalization;
(b) an overdose of drugs, medication or alcohol;
(c) behaviour that is high-risk or self-harming;
(d) behaviour that indicates suicidal intent, a threat of suicide or a suicide attempt;
(e) a police intervention or the possibility of a criminal charge;
(f) a situation involving the use of any form of intervention by a staff member, including the use of physical restraint, that
(i) is used to secure the safety of a child or youth or another person in the vicinity, or
(ii) is prohibited;
(g) the administration of medication that results in serious adverse effects on the child or youth or whether a serious error was made in the provision or administration;
(h) an allegation that the child or youth was harmed as a result of mistreatment or negligence or that the child or youth caused harm as a result of mistreatment of negligence;
(i) damage, loss or injury caused by the child or youth;
(j) the fact that the child or youth observed, was involved in or was exposed to a situation of elevated risk or a disaster that may cause emotional trauma or post-traumatic stress;
(k) the absence of the child or youth from the community-based care resource without permission when it is considered by the operator to be a serious matter;
(l) the absence of the child or youth from the place of safe and supportive care without permission if the child or youth is at an unknown location; and
(m) the death of the child or youth.
35(2)An operator shall provide monthly feedback to the Minister with respect to the following matters related to the child or youth:
(a) strengths, growth and development, interests and passions, education, extracurricular accomplishments and future goals;
(b) interactions between the child or youth and the parent, kin, foster parent or care provider and observations with respect to the child or youth before and after contact with these persons; and
(c) the need for supports to ensure the success of
(i) the community-based care resource or place of safe and supportive care, and
(ii) the child or youth.
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Orientation session
36An operator of a community-based care resource or place of safe and supportive care shall ensure that an orientation session is offered to each child or youth that includes
(a) a physical visit to the resource or place, if appropriate,
(b) an introduction to the staff members providing direct care to the child or youth as soon as the circumstances permit after the child or youth is placed at the resource or place,
(c) a discussion of the rules, policies, protocols, cultural support and recreational activities at the resource or place, and
(d) an explanation that enables the child or youth to understand the role and the powers of the Child, Youth and Senior Advocate.
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Staff manual
37(1)An operator of a community-based care resource or place of safe and supportive care shall deliver to each staff member a manual that includes the following information:
(a) a policy in relation to preventing the spread of notifiable diseases as defined in the Public Health Act, including exclusion criteria;
(b) a policy in relation to poisoning or medical emergencies;
(c) a policy in relation to safety awareness and accident prevention;
(d) a policy in relation to safety interventions by staff, including the use of physical restraint;
(e) a policy in relation to assaults;
(f) a policy in relation to suicide prevention;
(g) a policy in relation to absences without permission;
(h) a policy in relation to a child or youth’s conflict with the law;
(i) a policy in relation to staff ethics and healthy boundaries;
(j) a policy prohibiting smoking;
(k) a policy prohibiting illegal use or possession of cannabis and drugs;
(l) a policy in relation to providing social services to a child or youth in the language of their choice;
(m) a policy in relation to inclusiveness and cultural safety;
(n) an emergency evacuation plan;
(o) a protocol with respect to a child or youth being the victim of abuse or negligence;
(p) a policy in relation to the administration of prescription and non-prescription medication;
(q) a food safety policy; and
(r) information with respect to
(i) the guiding principles and philosophy of the Act and the programs offered by the Minister,
(ii) trauma-informed care, child development and loss,
(iii) the role of the Child, Youth and Senior Advocate and the connection to a child or youth under the Minister’s care,
(iv) the purpose of the Youth in Care Network and the connection to a child or youth under the Minister’s care,
(v) the impact of being a child or youth under the Minister’s care and the importance of equitable care, services and resources,
(vi) the resources that are available in the community,
(vii) rights and obligations under the Official Languages Act,
(viii) rights and obligations under An Act respecting First Nations, Inuit and Métis children, youth and families (Canada), and
(s) a policy in relation to the process to be followed in the event of non-compliance with the manual.
37(2)An operator shall require each staff member to sign a declaration indicating that the staff member has read the manual and understood its content.
37(3)The operator shall require compliance with the manual by staff members and shall ensure the application of the policy referred to in paragraph (1)(s) in the event of non-compliance.
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Records
38(1)An operator of a community-based care resource or place of safe and supportive care shall maintain a record separate from the operational records in which the operator shall record the expenditures made to meet the basic and exceptional needs of each child or youth and shall provide the record to the Minister on request.
38(2)For the purposes of subsection (1), the operator shall retain a record relating to an expenditure for seven years after the expenditure was made.
Operational records
39(1)An operator of a community-based care resource or place of safe and supportive care shall maintain the books, records and accounts that are necessary for the proper recording of the financial operations and affairs of the resource or place.
39(2)If the Minister provides financial support on behalf of a child or youth, the operator shall deposit the sums in a separate account and provide a record to the Minister, on request, of expenditures made to fulfil the plan for the child or youth or plan for safe and supportive care.
39(3)The operator shall submit to the Minister quarterly an account of the expenditures of the community-based care resource or place of safe and supportive care and a report outlining the social services provided at the resource or place.
39(4)The accounts and the financial operations of the community-based care resource or place of safe and supportive care shall be audited annually for the previous fiscal year.
39(5)The operator shall file a copy of the audited financial statement with the Minister in the time period specified in their approval.
Annual budget
40(1)An operator of a community-based care resource or place of safe and supportive care shall prepare an annual budget and submit it to the Minister in the time period specified in their approval.
40(2)The annual budget under subsection (1) shall include the expenditures of the community-based care resource or place of safe and supportive care.
Record of care for the child or youth
41(1)An operator of a community-based care resource or place of safe and supportive care shall maintain in a locked or otherwise secured storage space a record of care for each child or youth that includes the following information:
(a) up-to-date health and dental information;
(b) up-to-date information with respect to education and report cards;
(c) awards, accomplishments and photos; and
(d) strengths, areas of growth and development, interests and passions and future goals.
41(2)As soon as an operator is no longer providing social services to a child or youth, the operator shall submit the record of care under subsection (1) to the Minister.
Staff records
42An operator of a community-based care resource or place of safe and supportive care shall maintain a record of each staff member that includes the following documents and information:
(a) the name, address and date of birth of the staff member and the qualifications of the staff member, including copies of the certificates under section 29;
(b) a description of the duties and responsibilities of the staff member;
(c) an attendance record;
(d) reports on checks with the Department of Social Development, criminal record checks and vulnerable sector checks;
(e) an individualized development plan and a record of training and coaching; and
(f) any concerns with respect to work performance of the staff member or interactions between the staff member and a child or youth.
Health services card
43The Minister shall provide a health services card to a child or youth receiving social services in a community-based care resource or place of safe and supportive care to enable the child or youth to receive services under the Health Services Act.
Contact and connection
44An operator of a community-based care resource or place of safe and supportive care shall provide regular opportunities to each child or youth to visit with persons important to the child or youth within and outside of the resource or place in accordance with the care plan for the child or youth or plan for safe and supportive care.
Surveillance cameras
45An operator of a community-based care resource or place of safe and supportive care may only use a surveillance camera inside the resource or place in exceptional safety circumstances specified in the care plan for the child or youth or plan for safe and supportive care, and the camera shall not have recording capacity.
Smoking prohibited
46(1)An operator of a community-based care resource or place of safe and supportive care shall prohibit smoking, as defined in the Smoke-free Places Act, in the resource or place, including in the outdoor recreational area, during excursions and while transporting a child or youth receiving social services in the resource or place.
46(2)The operator shall not purchase for or provide to the child or youth tobacco, smoking supplies or electronic cigarettes as those terms are defined in the Tobacco and Electronic Cigarette Sales Act.
46(3)Harm reduction practices may be included in the care plan for the child or youth and may include medically prescribed replacement therapy.
Weapons prohibited
47An operator of a community-based care resource or place of safe and supportive care shall ensure that firearms and any other weapons are not permitted on the premises of the community-based care resource or place of safe and supportive care.
Termination of social services by operator
48An operator of a community-based care resource or place of safe and supportive care may terminate the provision of social services on a proposed date if the operator advises the Minister at least 90 days before the proposed date or on a date mutually agreed on by the operator and the Minister.
Personal property
49As soon as a child or youth is no longer receiving social services from an operator of a community-based care resource or place of safe and supportive care, the operator shall return to the child or youth their personal property.
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PLACE OF SAFE AND SUPPORTIVE CARE
Application and placement
50(1)For the purposes of section 71 of the Act, a place of safe and supportive care shall be a locked place that protects a child or youth from self-harm, harming another person, sexual exploitation and human trafficking.
50(2)A child or youth who is placed at a place of safe and supportive care shall receive
(a) direct care 24 hours per day, and
(b) trauma-informed care that addresses the behavioural and emotional challenges of the child or youth.
50(3)Before the Minister applies to the Court under subsection 71(1) of the Act, the Minister
(a) shall appoint counsel or a responsible spokesperson to ensure that the views of the child or youth are properly represented,
(b) provide notice to
(i) the counsel or responsible spokesperson referred to in paragraph (a),
(ii) the parents of the child or youth, unless the child or youth is subject to a guardianship agreement or guardianship order,
(iii) any person providing care to the child or youth under the Act,
(iv) the Child, Youth and Senior Advocate, and
(v) in the case of an Indigenous child or youth, the Indigenous governing body acting on behalf of the Indigenous group, community or people to which the child or youth belongs in accordance with An Act respecting First Nations, Inuit and Métis children, youth and families (Canada).
50(4)The Minister shall not make an application to the Court under subsection 71(1) of the Act if the provision of another social service would address the concerns referred to in paragraphs 71(2)(a) and (b) of the Act.
50(5)An application to the Court shall be accompanied by a preliminary plan for safe and supportive care which shall
(a) identify safety risks, and
(b) set out the immediate needs of the child or youth.
50(6)A copy of the preliminary plan shall be provided to the Child, Youth and Senior Advocate.
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Comprehensive plan for safe and supportive care
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51(1)In the case of a child or youth who is placed in a place of safe and supportive care, the Minister shall establish, in addition to the preliminary plan provided in subsection 50(5), a comprehensive plan for safe and supportive care within 20 business days after the child or youth is placed, which shall include, but is not limited to, the following information:
(a) the assessed level of functioning and needs of the child or youth, including educational needs;
(b) the views and preferences of the child or youth;
(c) the culture, ethnicity, heritage, traditions and spiritual beliefs of the child or youth;
(d) the connections of the child or youth to kin and culture, ethnicity, heritage and traditions;
(e) the role of the parent or any person providing care to the child or youth under the Act;
(f) the persons who are permitted to visit the child or youth;
(g) services that would enhance the strengths of the child or youth and mitigate risks to their well-being;
(h) services that would assist in the development of the child or youth and foster their resilience;
(i) goals to achieve positive outcomes for the child or youth and the time within which these goals may be attained;
(j) a description of the activities to be carried out by persons providing care, staff members, persons providing services, mental health professionals and the social worker; and
(k) a plan to transition the child or youth back to their prior placement or into a new placement.
51(2)The plan under subsection (1) shall be reviewed by all participants within five business days after the date the plan is established and every five business days after that.
51(3)During a review under subsection (2), the Minister shall consider whether there is a continued need for the placement and, if not, the Minister shall amend the plan for safe and supportive care accordingly.
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Place of safe and supportive care
52(1)A place of safe and supportive care shall be designed to protect a child or youth with the use of physical barriers and security, including, but not limited to,
(a) restricting access to higher risk areas,
(b) equipping bedroom doors with locks,
(c) locking entrances, exits and bedroom doors at all times, and
(d) supervising communal areas.
52(2)A child or youth shall have access to keys or a keypad for their bedroom door only.
52(3)The operator of a place of safe and supportive care shall not provide social services to more than four children or youth at one time, and each bedroom shall be occupied by only one child or youth.
52(4)At least two staff members shall provide direct care to the children or youth at a place of safe and supportive care at all times.
52(5)If the child or youth was receiving social services at a child and youth care resource prior to the placement in a place of safe and supportive care, the child or youth shall return to the child and youth care resource once the placement at the place of safe and supportive care ends unless the Minister determines otherwise.
52(6)The Minister may provide support to a child and youth care resource during the period of time a child or youth is placed in a place of safe and supportive care if the child or youth will receive social services at the child and youth care resource once the placement at the place of safe and supportive care ends.
N.B. This Regulation is consolidated to August 16, 2024.