Foster Homes Licensing Regulation

Foster Homes Licensing Regulation, M.R. 18/99 The Child and Family Services Act , C.C.S.M. c. C80 Regulation 18/99 Registered February 19, 1999 bilingual version (HTML) Table of Contents Section PART 1 DEFINITIONS AND APPLICATION 1 Definitions 2 Application PART 2 LICENSING APPLICATION FOR LICENCE 3 Licence application TERMS AND CONDITIONS 4 Terms and conditions 5 Exemptions 6 One licence per residence 6.1 Consent required to place children in home 7 Number of children 8 Mixed facilities for children and adults 9 Use of foster home 10 Licence not transferable 11 Notifying licensing agency re changes 12 Change of location RENEWAL OF LICENCE 13 Renewal of licence TRANSFER TO ANOTHER LICENSING AGENCY 13.1 Transfer to another licensing agency TEMPORARY EXTENSION OF LICENCE 13.2 Temporary extension of licence VARIATION, SUSPENSION AND CANCELLATION OF LICENCE 14 Variation of licence 15 Suspension or cancellation of licence FOSTER HOME CEASES OPERATIONS 16 Foster home ceases operations 17 Transfer of records PART 3 REQUIREMENTS AND STANDARDS 18 Criteria for persons who work with foster children RECORDS OF FOSTER CHILDREN 19 Records of foster children DISCIPLINE AND BEHAVIOURAL MANAGEMENT 20 Unacceptable disciplinary practices COMPLAINTS 21 Grievance policy for complaints INCIDENTS 22 Incidents EMERGENCY PROCEDURES 23 Emergency procedures SPACE AND ACCOMMODATION 24 Maintenance of foster home 25 Bedroom space 26 Storage space 27 Bathing and toilet facilities EQUIPMENT AND SUPPLIES 28 Equipment and supplies 29 Clothing and personal supplies MEALS 30 Meals HEALTH AND SAFETY 31 Health care 32 Medications 33 Medication errors or reactions 34 Safety and health practices 35 Firearms and hunting devices VISITORS 36 Visitors 37 Access to foster child by parent or guardian MONEY AND POSSESSIONS 38 Money and possessions 39 Personal allowance funds 40 Restitution or compensation 41 Return of money and possessions PART 4 REVIEW AND COMING INTO FORCE 42 Review 43 Coming into force PART 1 DEFINITIONS AND APPLICATION Definitions 1 In this regulation, "Act" means The Child and Family Services Act ; («  Loi  ») "child abuse registry check" means a record about a person from the child abuse registry obtained under the Act; (« relevé des mauvais traitements ») "child and family services authority" means a child and family services authority established under The Child and Family Services Authorities Act ; (« régie de services à l'enfant et à la famille ») "criminal record check" means a record obtained from a law enforcement agency about a person stating whether or not the person has any conviction or has any outstanding charge awaiting court disposition under any federal or provincial enactment; (« relevé des antécédents judiciaires ») "fire authority" means the authority having jurisdiction in the area where the foster home is located to enforce applicable legislation, regulations and by-laws respecting fire prevention and safety standards; (« service de protection contre l'incendie ») "foster child" means a child placed by an agency in a foster home for residential care and supervision; (« enfant en foyer nourricier ») "health authority" means the authority authorized to enforce The Public Health Act or the regulations under it or another health statute, regulation or municipal by-law; (« autorité sanitaire ») "infant" means a child less than two years of age; (« nourrisson ») "licensing agency" , in relation to a foster home, means an agency that licenses foster homes; (« office de délivrance des permis ») "mandating authority" means the child and family services authority that, under Part I of the Act, has mandated, or is deemed to have mandated, the licensing agency; (« régie d'autorisation ») "placing agency" in relation to a foster child, means the agency that places the child in a foster home for residential care and supervision; (« office de placement ») "prior contact check" means a record about a person referred to in clauses 3(2)⁠(b) and 18(1)⁠(f). (« relevé des contacts antérieurs ») M.R. 206/2001 ; 181/2003 Application 2 This regulation applies to (a) a foster home where residential care and supervision of children is provided on a continuous basis by one or two persons who are not the parents or guardians of the children, in the home where those persons ordinarily reside; and (b) a respite foster home where residential care and supervision of children is provided by one or two persons who are not the parents or guardians of the children, in the home where those persons ordinarily reside, (i) for four or more days a month on a regular monthly basis, or (ii) for 15 or more consecutive days in any year. PART 2 LICENSING APPLICATION FOR LICENCE Licence application 3(1) A person may, in the form approved by the director, apply to the licensing agency for a licence to operate a foster home. If enough foster homes 3(1.1) A licensing agency may decline to accept applications to operate foster homes if it has already licensed enough foster homes for its needs. Information included with application 3(2) The application for a licence must include (a) a criminal record check and a child abuse registry check for the applicant and any other adult residing with the applicant with each such check dated within three months of the date of the application; (b) consent for a prior contact check to be obtained for the applicant and any other adult residing with the applicant, in accordance with subsection (2.1); (c) information as to the applicant's physical and mental health being a medical reference from a medical practitioner or another health care provider or information obtained through a process approved by the mandating authority; (d) references from four persons or a recommendation from the local child care committee of an agency concerning the applicant's ability to protect, nurture and care for a child; and (e) such other information or additional documentation that the licensing agency considers necessary. Prior contact checks 3(2.1) The licensing agency shall make reasonable efforts to obtain prior contact checks as follows: (a) for the applicant and any other adult residing with the applicant, from each agency and from each entity outside the province that performs substantially the same functions as an agency, for each area where the person has resided for the last five years, or for such longer period as the licensing agency considers reasonably necessary, in order to determine if the person has been the subject of a child protection investigation; (b) for the applicant, from each licensing authority and from each entity outside the province that licenses facilities similar to foster homes, for each area where the applicant has resided for the last five years, or for such longer period as the licensing agency considers appropriate, in order to determine if the applicant had previously applied for a licence to operate a foster home. Orientation 3(3) The licensing agency shall ensure that an orientation is provided to an applicant except where the foster child is personally known to the applicant. Licensing considerations 3(4) When making a decision respecting the granting of a licence under this section, the licensing agency shall (a) consider the information provided under this section and be satisfied that (i) the applicant and any other adult residing with the applicant do not pose a risk to children, and (ii) the applicant is able to discharge his or her responsibilities; (b) ensure that a personal assessment of the applicant is conducted and be satisfied as to his or her ability (i) to protect, nurture and care for the number of children proposed to be placed in the foster home, (ii) to provide a culturally appropriate environment for the children placed in the home, (iii) to meet the children's needs, and (iv) to comply with the requirements of this regulation; (c) ensure that an assessment as to the suitability of the applicant's home environment is conducted which includes interviews with members of the applicant's household; (d) when references are provided under clause (2)⁠(d), ensure that at least one of the references is interviewed and be satisfied as to the applicant's ability to protect, nurture and care for the number of children proposed to be placed in the home and to meet their needs; and (e) ensure that an inspection of the proposed foster home is conducted and be satisfied that the home complies with this regulation and all applicable standards in legislation, regulations and by-laws governing building construction and use, fire prevention and safety and public health. Term of licence 3(5) A licence issued under this section is valid for a one-year period except that if the licensee transfers to another licensing agency under section 13.1 before the one-year period expires, the licence is valid only until the date the transfer is approved. Form of licence 3(6) A licence to operate a foster home shall be in a form approved by the director and shall (a) state the residential address of the foster home; (b) state the date on which it expires; (c) designate the number and gender of the children who may be placed in the foster home; and (d) state any other terms and conditions under which the licence is issued including details of any exemption under section 5. M.R. 206/2001 ; 181/2003 TERMS AND CONDITIONS Terms and conditions 4 A licence may contain terms and conditions consistent with this regulation as specified on the licence by the licensing agency. M.R. 181/2003 Exemption re legislative requirement 5(1) The licensing agency may grant an exemption to a licensee from complying with a requirement in legislation, a regulation or a by-law governing building construction or use or fire prevention or safety only with the approval of the authority enforcing the applicable legislation, regulation or by-law. Exemption re community standards 5(2) Where the requirement is not a requirement in legislation, a regulation or a by-law referred to in subsection (1), and in the opinion of the licensing agency (a) the requirement respecting the operation of the foster home is not reasonably applicable in a community due to the prevailing community standards; and (b) the foster home is not hazardous to the health, safety or well-being of any foster child likely to be placed in the home; the licensing agency may grant an exemption. M.R. 181/2003 One licence per residence 6(1) A licensing agency shall only issue one licence for one residential address. Only one agency can licence a residence 6(2) When a licensing agency issues a person a licence to operate a foster home at a specific residential address, no other licensing agency may issue a licence to operate a foster home at the same address during the same time period. M.R. 181/2003 Consent required to place children in home 6.1 A child must not be placed in a foster home without the written consent of the home's licensing agency. M.R. 181/2003 Number of children for which licensed 7(1) Subject to this section, a foster home may be licensed by a licensing agency to provide care and supervision for not more than four children. Child placed by other agency 7(2) A child who is placed in a foster home for residential care and supervision by the licensing agency or another agency or by another jurisdiction or organization is included in determining the number of children for which a foster home may be licensed. Siblings 7(3) A licensing agency may licence a foster home to provide residential care and supervision for more than four foster children where all the foster children in the foster home are siblings. Limit re number of dependent residents 7(4) A licensee shall not provide care and supervision in the foster home for more than a total of seven persons from the following classes of persons, unless the mandating authority approves otherwise: (a) children, including foster children; (b) adults requiring residential care and supervision. Condition re children 7(5) Of the children referred to in clause (4)⁠(a), no more than two can be infants and no more than three can be under five years of age, unless the mandating authority approves otherwise. M.R. 181/2003 Mixed facilities for children and adults 8 A licensing agency shall not issue a licence to a foster home that proposes to also be licensed under The Social Services Administration Act to provide residential care and supervision for adults unless (a) approval is obtained from the mandating authority which must be satisfied that placing children and adults together in the foster home will not be detrimental to the children; and (b) the combined total number of adults and children placed in the home is not more than four. M.R. 181/2003 Use of foster home 9 No licensee shall, without the consent of the licensing agency, provide day care, school or day treatment programs for adults or children. Licence not transferable 10 A licence is not transferable by the person named on the licence to any other person. Notifying licensing agency re changes 11 A licensee shall notify the licensing agency of the following: (a) any change to the foster home that may alter the living space or affect the structure, safety or sanitary condition of the foster home; (b) any change in the composition of the residents of the licensee's home; (c) any circumstance that arises that might compromise the ability of the licensee to continue to protect, nurture or care for children or to meet their needs. Change of location 12(1) Where a licensee intends to move the foster home to a new location (a) the licensee shall notify the licensing agency as soon as possible; and (b) the licensing agency shall ensure that an inspection of the proposed new foster home is conducted and must be satisfied that the home complies with this regulation and all applicable standards in legislation, regulations and by-laws governing building construction and use, fire prevention and safety and public health. Licence issued for balance of term 12(2) If the licensing agency is satisfied that the foster home at the new location meets the requirements and standards set out in this regulation, the agency shall issue a licence for the balance of the remaining term of the previous licence. Existing licence 12(3) A foster home licence issued prior to the date of the change in location is valid for a maximum period of 30 days after the date of the change in location provided that the licensee, prior to the date of the change in location, notified the licensing agency. RENEWAL OF LICENCE Renewal of licence 13(1) The licensing agency shall ensure that, prior to the expiry of the licence, a review is conducted of the operation of the foster home to determine if the licence should be renewed. Considerations re renewal 13(2) When making a decision respecting the renewal of a licence under this section, the licensing agency shall consider (a) whether the licensee and the foster home are in compliance with the Act, this regulation and any terms and conditions imposed by the licensing agency; (b) whether the licensee can protect, nurture and care for children placed in the home and to meet their needs; and (c) the grounds under subsection 15(1) that apply to the suspension or cancellation of a licence. Terms and conditions on renewal 13(3) A licence renewed under this section may contain terms and conditions, consistent with this regulation, as specified on the licence by the licensing agency. Term of renewal 13(4) A licence renewed under this section is valid for a one-year period from the date of expiry of the previous licence. TRANSFER TO ANOTHER LICENSING AGENCY Transfer to another licensing agency 13.1(1) A licensee ("transfer applicant") may choose to apply to transfer the licensing of his or her foster home from the current licensing agency ("current licensing agency") to another licensing agency ("proposed licensing agency"). The application must be made to the proposed licensing agency in a form approved by the director. If agency has enough foster homes 13.1(2) A proposed licensing agency may decline to accept applications to transfer licensing if it has already licensed enough foster homes for its needs. Time for applying 13.1(3) An application to transfer licensing must be made at least three months before the expiry date of the current licence, unless the current licensing agency and the proposed licensing agency agree to the application being made within a shorter time period before the expiry date of the licence. Notice of application 13.1(4) When the proposed licensing agency receives the application, it must notify the current licensing agency. Information from current licensing agency 13.1(5) On the written request of the proposed licensing agency, the current licensing agency must, with the consent of the transfer applicant, provide the proposed licensing agency with the following: (a) a copy of the transfer applicant's application for his or her current licence, and copies of all records and other information that was included with that application or obtained by the current licensing agency under subsection 3(2) or (2.1); (b) copies of the records and other information considered by the current licensing agency under subsection 3(4) in deciding to issue the applicant's current licence; (c) a copy of the most recent annual review of the operation of the foster home conducted under subsection 13(1) by the current licensing agency; (d) details about any terms or conditions placed on the licence by the current licensing agency; (e) details about any exemptions granted to the applicant under section 5; (f) details about any variation of the licence made by the current licensing agency under section 14 and any suspension or cancellation of the licence ordered by that agency under section 15. Additional information 13.1(6) The proposed licensing agency may request that the transfer applicant provide additional information or documentation that it considers necessary. Licensing considerations on a transfer application 13.1(7) In deciding whether to approve the application to transfer licensing, the proposed licensing agency must consider the information received under this section. Approval may be granted if the agency is satisfied that (a) the transfer applicant is able to (i) protect, nurture and care for the children placed in the foster home, (ii) provide a culturally appropriate environment for the children placed in the home, (iii) meet the children's needs, and (iv) comply with the requirements of this regulation; (b) the applicant's home environment is suitable; (c) the foster home complies with this regulation; and (d) no other circumstance exists that, in the opinion of the agency, is a cause for concern respecting the operation of the foster home. Time for making decision 13.1(8) Within 60 days after the date of the transfer application, the proposed licensing agency must advise the transfer applicant and the current licensing agency of its decision about approving the transfer. New licence issued if transfer approved 13.1(9) If the transfer is approved, the proposed licensing agency must issue a new licence, in a form approved by the director, which contains the information required by subsection 3(6). Term of new licence 13.1(10) The new licence is effective for one year commencing on the date the transfer is approved. Effect of transferring to another licensing agency 13.1(11) If the transfer is approved, as of the date of approval, (a) the current licensing agency is no longer the licensing agency of the foster home and the licence issued by that agency ceases to be valid; and (b) the proposed licensing agency is the new licensing agency of the foster home and has all the duties and powers of a licensing agency under this regulation. Terms and conditions on transfer 13.1(12) When licensing is transferred, the new licence may contain terms and conditions consistent with this regulation, as specified on the licence by the new licensing agency. Renewal process required if transfer not approved 13.1(13) If the proposed licensing agency does not approve the application to transfer licensing, the current licensing agency must conduct a review of the operation of the foster home before the expiry date of the current licence to determine if the licence should be renewed by it. Section 13 applies to the renewal process. M.R. 181/2003 TEMPORARY EXTENSION OF LICENCE Temporary extension of licence 13.2(1) Despite subsections 3(5), 13(4) and 13.1(10), if a licence that a licensing agency has issued or renewed expires on or after September 21, 2020, the licensing agency may extend the licence for the purpose of ensuring that residential care and supervision are available during the pandemic in Manitoba caused by the communicable disease known as COVID-19. Extension period 13.2(2) The licence may be extended until March 23, 2021, or for a shorter period. Further extensions 13.2(3) A licence may be extended more than once under this section. Licence extended under Order 13.2(4) For certainty, a licence that was extended under the Order re Temporary Suspension of Social Services and Child Care Provisions , made by the Lieutenant Governor in Council under The Emergency Measures Act on May 6, 2020, may be extended under this section. M.R. 85/2020 VARIATION, SUSPENSION AND CANCELLATION OF LICENCE Variation of licence 14 The licensing agency may vary a licence to (a) change the designated number or gender of the children who may be placed in the foster home; or (b) alter any other term or condition of the licence; provided that the agency is satisfied that the licensee and the foster home continue to meet the needs of the children and the requirements of this regulation. M.R. 181/2003 Suspension or cancellation of licence 15(1) The licensing agency may, by written order, suspend or cancel a licence issued in respect of a foster home where in the agency's opinion (a) the licensee is not operating the foster home in accordance with the requirements of the Act, the regulations and the terms and the conditions of the licence; (b) the licensee has made a material false statement in an application for a licence; (c) the foster home is not being operated in a manner that is in the best interests of the foster children; (d) a change has occurred in the residents in the foster home that would, if the licensee was applying for the licence afford grounds for refusing to issue a licence; or (e) any other circumstance exists that, in the opinion of the agency, is a cause for concern respecting the operation of the foster home. Reasons given 15(2) An agency that suspends or cancels a licence shall (a) state in writing the reasons for the suspension or cancellation; and (b) advise the licensee in writing of the right to appeal the suspension or cancellation to the mandating authority. Terms and conditions after suspension 15(3) If an agency suspends a licence, the agency may provide that the licence be reinstated after the period of suspension subject to such terms and conditions as may be specified by the agency. M.R. 181/2003 FOSTER HOME CEASES OPERATIONS Foster home ceases operations 16 The licensee of a foster home that intends to cease operations shall notify the licensing agency as soon as possible before the proposed date for ceasing operation. Transfer of records 17 If (a) the licensee of a foster home ceases operations; or (b) the licensing agency does not renew a licence under section 13 or suspends or cancels a licence under section 15; the licensee shall immediately transfer the records of foster children referred to in section 19 to the respective placing agencies of the foster children. PART 3 REQUIREMENTS AND STANDARDS Criteria for persons who work with foster children 18(1) The licensing agency shall ensure that any person who, on behalf of an agency or a licensee, works directly with foster children for 10 or more hours per week and who may have unsupervised access to foster children (a) is an adult; (b) is medically, physically and emotionally able to do the required work; (c) provides character references; (d) provides a criminal record check dated within three months prior to commencing work with the agency or licensee; (e) provides a child abuse registry check dated within three months prior to commencing work with the agency or licensee; (f) consents to the release of information about himself or herself from a prior contact check, obtained in accordance with subsection (1.1); and (g) consents to the release of information about his or her previous employment and volunteer work. Prior contact check 18(1.1) The licensing agency shall make reasonable efforts to obtain a prior contact check for a person referred to in subsection (1) from each agency and from each entity outside the province that performs substantially the same functions as an agency, for each area where the person has resided for the last five years, or for such longer period as the licensing agency considers reasonably necessary, in order to determine if the person has been the subject of a child protection investigation. Additional criteria 18(2) The licensing agency or the mandating authority may impose additional criteria to be met by persons who work directly with foster children who have special needs or otherwise require specialized care or supervision. Examination of records 18(3) The licensing agency shall ensure that the references, checks and information referred to in subsection (1) are examined (a) to determine if the person may be a risk to the foster children; and (b) to assess the person's ability to discharge his or her responsibilities. If licensing agency changes 18(3.1) When licensing is transferred to another licensing agency under section 13.1, any records or other information about a person who works with foster children that is obtained by the previous licensing agency under this section may, with the consent of the person, be given to the new licensing agency. Casual workers 18(4) A person who works directly with foster children on behalf of an agency or a licensee, for less than 10 hours per week shall be approved by the placing agency before commencing work. M.R. 206/2001 ; 181/2003 RECORDS OF FOSTER CHILDREN Records maintained by licensee 19(1) A licensee shall maintain a record for each foster child in his or her care, consisting of information relating to the foster child (a) provided to the licensee by the placing agency, the foster child's doctor or teacher, or another person or organization providing service to the child; or (b) recorded by the licensee. Confidentiality of foster child's record 19(2) A licensee shall ensure that a foster child's record referred to in subsection (1) (a) is stored in a secure place; and (b) is confidential and accessible only to persons employed, retained or consulted by the licensee or placing agency and only when access to the record is needed to carry out their responsibilities in relation to the foster child. Foster child's record given to placing agency 19(3) When a foster child is discharged from a foster home, the licensee shall ensure that the record referred to in subsection (1) is given to the foster child's placing agency. DISCIPLINE AND BEHAVIOURAL MANAGEMENT Unacceptable disciplinary practices 20 A licensee shall not (a) permit, practise or inflict any form of physical punishment, verbal degradation or emotional deprivation upon, or denial of any basic necessities to, a foster child; (b) physically restrain a foster child other than physical restraint for the purpose of protecting the person and property of a foster child or others, and only to the degree and duration necessary for such protection; (c) encourage or condone punishment of a foster child by other children; (d) force a foster child to take an uncomfortable or degrading position as a form of punishment; (e) establish a room for the purpose of isolating a foster child; (f) exclude a foster child from entry to the foster home; (g) use excessive or prolonged confinement; (h) permit or refuse home visits as a form of reward or punishment; or (i) practice any other disciplinary measure expressly prohibited by the licensing agency or the mandating authority. M.R. 181/2003 COMPLAINTS Grievance policy for complaints 21(1) A licensing agency shall establish a written grievance policy for complaints which (a) sets out the right of foster children to grieve the actions of the licensee or others involved with the foster home; and (b) explains the procedures available to foster children to grieve to the licensee, the licensing agency, the placing agency, the mandating authority and the Advocate for Children and Youth. Advising of grievance policy 21(2) The licensing agency shall ensure that (a) a licensee is advised of the grievance policy on an annual basis; and (b) a foster child is advised, at the time of admission and annually following admission, in a manner appropriate to the age and maturity of the foster child, of the right to grieve and the grievance procedures available. Assistance in making a complaint 21(3) The licensee shall, upon request, assist a foster child in making a complaint. M.R. 181/2003 ; 115/2025 INCIDENTS Incidents 22(1) In this section, "incident" means (a) a serious illness or change in a foster child's health; (b) a serious accident involving a foster child; (c) an error in administering a prescribed medication to a foster child or an adverse reaction by a foster child to medication; (d) abuse or the danger of abuse of a foster child; (e) the death of a foster child; or (f) in addition to the matters set out in clauses (a) to (e), any other serious occurrence which takes place which may affect the health, safety or life of a foster child or another person. Report and review of incident 22(2) When an incident concerning a foster child occurs, the licensee shall (a) report the incident to the licensing agency and the placing agency of the foster child concerned in the manner and form required by the licensing agency; (b) follow the procedures established by the licensing agency; and (c) review the incident with the licensing agency and placing agency to ascertain the circumstances and factors surrounding the incident and to institute corrective measures as may be required to prevent a similar incident in the future. EMERGENCY PROCEDURES Emergency procedures 23 A licensee shall ensure that (a) emergency telephone numbers and procedures are posted in a prominent place in the foster home; (b) emergency evacuation procedures are made known to all residents in the foster home and to all persons caring for the foster children; (c) emergency evacuation procedures are practised at least once a month; (d) fire extinguishers, smoke alarms and other fire prevention equipment are installed and maintained as required by the fire authority; and (e) all adult residents in the foster home and all persons caring for the foster children are knowledgeable about the use of fire extinguishers, smoke alarms and other fire prevention equipment in the home. SPACE AND ACCOMMODATION Maintenance of foster home 24 A licensee shall ensure that the foster home and grounds are maintained at a standard consistent with public health standards and similar to that of surrounding dwellings. Bedroom space 25 A licensee shall ensure that (a) no basement area or room is used for sleeping accommodation unless such use is approved by the appropriate fire authority and health authority; (b) the bedroom for a foster child who is unable to walk, or respond mentally or physically to an emergency, is located close to the licensee's bedroom; (c) a foster child over two years of age does not share a bedroom with an adult; and (d) a foster child over five years of age does not share a bedroom with a person of the opposite sex. Storage space 26 A licensee shall provide each foster child with storage space for the storage of clothing and personal belongings. Bathing and toilet facilities 27 The licensee shall ensure that (a) each bathroom has a door that can be locked to ensure privacy but which can be opened from the outside in the event of an emergency; and (b) the water temperature in a bathroom meets the standards established by the mandating authority. M.R. 181/2003 EQUIPMENT AND SUPPLIES Equipment and supplies 28(1) A licensee shall ensure that the foster home (a) has a telephone in working order for use by foster children or that a telephone is accessible nearby; (b) has a first aid kit equipped as required by the mandating authority which is readily available but inaccessible to young children; and (c) has a bed and clean mattress for each foster child suitable for the foster child's age and size, together with an adequate supply of clean bedding that is in good repair and appropriate for the climate. Infant equipment 28(2) For foster children who are infants, a licensee shall provide and maintain equipment for eating, sleeping and playing that is (a) consistent with the developmental capabilities of the infants; and (b) in compliance with the requirements of the Hazardous Products Act (Canada) and other applicable safety legislation or standards as determined by the mandating authority. M.R. 181/2003 Clothing and personal supplies 29 A licensee shall ensure that each foster child in the foster home is provided with (a) adequate clothing for all seasons; (b) adequate supplies for washing and bathing maintained in a clean condition; and (c) age-appropriate essential toiletries. MEALS Meals 30 The licensee of a foster home shall at recognized meal time hours (a) provide a minimum of three meals daily which are (i) varied, attractive and nutritionally and calorically adequate for the dietary requirements of each foster child, and (ii) prepared in accordance with Canada's Food Guide to Healthy Eating issued by the Minister of Health (Canada); (b) provide special medical diets, if so recommended by the foster child's physician or a qualified dietitian; (c) provide alternative food items for those foster children who have allergies to the foods being served; and (d) give consideration to differences in diets for foster children according to religious beliefs, cultural, racial and personal preferences. HEALTH AND SAFETY Health care 31 A licensee shall arrange that foster children have medical and dental examinations annually, and vision examinations every 24 months. Medications 32(1) A licensee shall ensure that, subject to subsection (2), prescription medicines are administered to a foster child by an adult. Self-administration of medications 32(2) A foster child may assume responsibility for self-administration of medication as follows: (a) if the foster child is of sufficient maturity to do so, and it shall be presumed that a foster child who is 16 years of age or over has sufficient maturity to do so; (b) if the licensee can ensure that no unauthorized person can have access to the medications. Medication errors or reactions 33 Where there is (a) an error or omission in administering prescribed medication to a foster child; or (b) an adverse reaction by a foster child to a medication; the licensee shall (c) immediately consult with the foster child's prescribing physician, a pharmacist or a person at a poison control centre; (d) report the matter to the licensing agency and placing agency in the manner and form required by the licensing agency; and (e) follow the procedures established by the licensing agency. Safety and health practices 34 A licensee shall ensure that (a) all poisonous or inflammable substances, prescription medicines and cleaning supplies are stored in a safe manner and are not readily accessible to foster children; (b) harmful substances and objects that are not essential to the operation of the foster home are not stored in or around the home; (c) animals kept in the foster home have had all vaccinations as required by the health authority and are kept in accordance with the requirements of the health authority and any additional requirements imposed by the licensing agency; and (d) infectious disease control measures consistent with guidelines issued by health authorities are followed. Firearms 35(1) A licensee shall comply with all applicable requirements in legislation or regulations and any additional requirements imposed by the licensing agency or placing agency respecting the storage, display and handling of firearms, ammunition and explosive substances. Hunting devices 35(2) A licensee shall (a) ensure that air rifles, bows or other hunting devices are (i) made inoperable when not in use, and (ii) made inaccessible to foster children at all times; and (b) comply with any additional requirements imposed by the licensing agency, the mandating authority or the placing agency. M.R. 181/2003 VISITORS Visitors 36(1) A licensee shall ensure that a foster child is allowed to have visitors (a) at any reasonable time; and (b) at other times under special circumstances; subject to any limitations regarding visitors imposed by a court or a placing agency. Exception 36(2) A foster child is not allowed to have visitors in accordance with subsection (1) if, in the opinion of the licensee or the placing agency, the visit would be detrimental to the well-being of the foster child or disruptive to the routine operation of the foster home. M.R. 181/2003 Access to foster child by parent or guardian 37 Where a parent or guardian is entitled to have access to a foster child, the licensee shall facilitate the access in accordance with a plan established with the placing agency. MONEY AND POSSESSIONS Money and possessions 38 A licensee shall ensure that (a) subject to section 39, the money and possessions of a foster child are held in safekeeping on his or her behalf; and (b) the money and possessions of a foster child are released to the foster child upon the request of the placing agency or the licensing agency. Personal allowance funds 39 A licensee shall ensure that personal allowance funds received on behalf of a foster child (a) are given to the foster child in a manner appropriate to the foster child's age and maturity; or (b) with the agreement of the placing agency, are given to the foster child in part with a portion held in safekeeping, to be given to the foster child at a later date. Restitution or compensation 40 If (a) a court orders that a foster child pay restitution; or (b) compensation for wilful or intentional damage by the foster child has been requested of the foster child; the licensee may, in consultation with the foster child and the placing agency, deduct an amount up to the amount of the foster child's personal allowance funds on hand for purposes of paying the restitution or compensation. Return of money and possessions 41 A licensee shall, under the direction of the placing agency or the licensing agency, give all clothing, personal possessions and money belonging to a foster child to (a) the foster child, the parent or guardian of the foster child or the placing agency upon the foster child's discharge from the foster home; or (b) the placing agency on the death of the foster child. PART 4 REVIEW AND COMING INTO FORCE Review 42 Not later than March 14, 2004 the minister shall (a) review the operation of this regulation including consulting with such persons affected by it as the minister considers appropriate; and (b) if the minister considers it advisable, recommend to the Lieutenant Governor in Council that the regulation be amended or repealed. Coming into force 43 This regulation comes into force on March 15, 1999.