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ontario regulation 35/23

made under the

Child, Youth and Family Services Act, 2017

Made: March 9, 2023
Filed: March 9, 2023
Published on e-Laws: March 9, 2023
Printed in The �������� Gazette: March 25, 2023

Amending O. Reg. 156/18

(GENERAL MATTERS UNDER THE AUTHORITY OF THE MINISTER)

1. �������� Regulation 156/18 is amended by adding the following section:

Transition planning

51.4.1 (1) In this section,

“transition planning” means planning for the transition out of society care and into adulthood.

(2) A society shall, with respect to each child who is placed in extended society care and who is 13 or older, engage in transition planning with the child and document any activities with respect to transition planning that are undertaken.

(3) The transition planning must include planning with respect to the following areas of the child’s life:

1. Health.

2. Education.

3. Identity.

4. Family and social relationships.

5. Emotional and behavioural development.

6. Self-care skills.

(4) A society shall, with respect to each child who is placed in extended society care and who is 15 or older, offer the child an opportunity to participate in a conference or other forum to discuss transition planning and related supports, the child’s long-term goals and any barriers to achieving those goals that have been identified.

(5) The society shall offer the opportunity to participate in a conference or other forum within 9 months after the child turns 15 or, if the child is 15 or older when placed in extended society care, within 9 months after the court ordered that the child be placed in extended society care.

(6) The society shall document the following:

1. The occasions on which an opportunity to participate in a conference or other forum was offered to the child.

2. If the child does not wish to participate in a conference or other forum, the reasons for the child’s decision, to the extent that they can be ascertained.

(7) No later than 90 days before a child who is in extended society care turns 18, the society shall provide the child with an information package that consists of information about financial literacy as well as accessing resources and supports that will be available to the child upon turning 18.

(8) The society shall document the fact that the information package has been provided to the child and the specific documents that were provided as part of the package.

2. (1) The definition of “Permanency Funding Policy Guidelines” in subsection 54 (1) of the Regulation is revoked and the following substituted:

“Permanency Funding Policy Guidelines” means the guidelines entitled “2023 �������� Permanency Funding Policy Guidelines”, effective April 1, 2023 and made available on a website of the Government of ��������.

(2) Subsection 54 (5) of the Regulation is amended by striking out “21 or older” at the end and substituting “23 or older”.

(3) Subsection 54 (6) of the Regulation is amended by adding the following paragraph:

5. During the 12-month period preceding the day on which the agreement under section 124 of the Act is entered into or renewed, the person to whom care and support is to be provided had a gross income equal to or greater than the amount that the person would have earned during that period by working 40 hours a week while making the minimum wage, as defined in subsection (6.1), in effect during that period, unless the person can demonstrate that their financial circumstances have changed such that their income will be less than that amount during the term of the agreement.

(4) Section 54 of the Regulation is amended by adding the following subsection:

(6.1) In paragraph 5 of subsection (6),

“minimum wage” means the amount payable under section 23.1 of the Employment Standards Act, 2000 for the class of employees set out in subparagraph 1 iv of subsection 23.1 (1) of that Act.

(5) Subsection 54 (7) of the Regulation is amended by striking out “Appendix B of the document entitled “Continued Care and Support for Youth Policy Directive (CCSY)” and dated March 20, 2018” and substituting “Appendix C of the document entitled “Policy Directive: CW 003-23 Preparing Youth for Successful Transition from the Care of Children’s Aid Societies” and effective April 1, 2023”.

(6) Subsection 54 (10) of the Regulation is amended by striking out “36 months” at the end and substituting “60 months”.

(7) Subsection 54 (11) of the Regulation is revoked and the following substituted:

(11) If a society or prescribed entity is providing care and support under section 124 of the Act to a person on March 31, 2023 and if the person is 23 or older on that day or will turn 23 before October 6, 2023, the society or prescribed entity shall, despite subsection (5), continue to provide such care and support to the person in accordance with this section until October 6, 2023.

(12) An agreement under section 124 of the Act may, despite subsection (10), be extended beyond 60 months for the purpose of permitting a society or prescribed entity to provide care and support to a person who is 23 or older as permitted by subsection (11).

3. Subsection 55 (3) of the Regulation is revoked and the following substituted:

(3) A person who received the support services prescribed under subsection (2) is only eligible for care and support under section 124 of the Act if the person was in interim society care immediately before turning 18 and, between March 26, 2020 and March 31, 2023, either turned 18 or entered into an agreement under section 124 on the basis of having received the support services prescribed under subsection (2).

O. Reg. 87/20

4. Subsection 2 (2) of �������� Regulation 87/20 is revoked.

Commencement

5. (1) Except as otherwise provided in this section, this Regulation comes into force on the day this Regulation is filed.

(2) Sections 1, 2 and 3 come into force on April 1, 2023.

Made by:
Pris par��:

La ministre des Services à l'enfance et des Services sociaux et communautaires,

Merrilee Fullerton

Minister of Children, Community and Social Services

Date made: March 9, 2023
Pris le��: 9 mars 2023

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