Child Care Facilities (Other than Foster Homes) Licensing Regulation

Child Care Facilities (Other than Foster Homes) Licensing Regulation, M.R. 17/99 The Child and Family Services Act , C.C.S.M. c. C80 Regulation 17/99 Registered February 19, 1999 bilingual version (HTML) Table of Contents Section PART 1 INTERPRETATION AND APPLICATION 1 Definitions 2 Application 3 Residential units within facilities PART 2 LICENSING ISSUANCE OF LICENCE 4 Licence 5 Mixed facilities 5.1 Temporary extension — residential care for adults 6 Form of licence 7 Licence to be displayed 8 Licence not transferable 9 Change of location RENEWAL OF LICENCE 10 Renewal of licence 10.1 Temporary extension of licence REAPPLICATION FOR LICENCE 11 Reapplication for a licence VARIATION OF LICENCE 12 Variation of licence COMPLIANCE ORDERS 13 Orders respecting requirements LICENCE SUSPENSION AND CANCELLATION 14 Suspension or cancellation of licence REASONS AND NOTICE OF RIGHT TO APPEAL 14.1 Reasons given and notice of right to appeal CHILD CARE FACILITY CEASES OPERATIONS 15 Facility ceases operations 16 Facility ceases operations where licence cancelled, etc. PART 3 REQUIREMENTS AND STANDARDS FACILITY MANAGEMENT 17 Licensee responsible for child care facility STAFFING 18 Staffing 19 Criteria for employees and volunteers 20 References and records 21 Requiring further checks INSURANCE 22 Insurance coverage FACILITY RECORDS 23 Admission and discharge records 24 Personnel records 25 Financial records RESIDENTS' RECORDS 26 Resident's record 27 Information kept by licensee POLICIES AND PROCEDURES 28 Policies and procedures established DISCIPLINE AND BEHAVIOURAL MANAGEMENT 29 Unacceptable disciplinary practices 30 Behavioural management policies and procedures developed 31 Director's approval for an isolation room 32 Isolation COMPLAINTS 33 Grievance policy for complaints INCIDENTS 34 Incidents EMERGENCY PROCEDURES 35 Emergency procedures SPACE AND ACCOMMODATION 36 Use of facility 37 Renovation to facility 38 Maintenance of facility 39 Adequate space for daily living activities 40 Bedroom space 41 Storage space 42 Bathing and toilet facilities 43 Dining area 44 Kitchen 45 Storage areas for housekeeping supplies 46 Laundry facilities RECREATION 47 Recreation 48 Recreational camps EQUIPMENT AND SUPPLIES 49 Equipment and supplies 50 Clothing and personal supplies FOOD SERVICES 51 Food 52 Menus HEALTH AND SAFETY 53 Health care 54 Medications 55 Medication errors or reactions 56 Safety and health practices 57 Firearms VISITORS 58 Visitors 59 Access to resident by parent or guardian MONEY AND POSSESSIONS 60 Money and possessions 61 Personal allowance funds 62 Restitution or compensation 63 Return of money and possessions PART 4 REVIEW AND COMING INTO FORCE 64 Review 65 Coming into force PART 1 INTERPRETATION 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 ») "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 ») "employee" means a person engaged by a licensee of a child care facility to perform work or services that entitle the person to remuneration; (« employé ») "fire authority" means the authority having jurisdiction in the area where the child care facility is located to enforce applicable legislation, regulations and by-laws respecting fire prevention and safety standards; (« service de protection contre l'incendie ») "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 ») "incident" has the meaning set out in subsection 34(1); (« incident ») "maternity home" means a child care facility where pre-natal and post-natal residential care and services are provided to mothers who are minors and their infants; (« foyer de maternité ») "placing agency" in relation to a child means the agency that places the child in a child care facility for residential care and supervision; (« office de placement ») "prior contact check" means a record about a person referred to in clause 4(2)⁠(e); (« relevé des contacts antérieurs ») "resident" means a person who resides in a child care facility and receives residential care and supervision; (« résident ») "temporary shelter" means a facility where residential care and supervision, support programs and referral services are provided to children on a short-term basis. (« refuge de courte durée ») M.R. 200/2001 Application 2 This regulation applies to the following child care facilities: (a) group homes; (b) treatment centres; (c) the following places designated as child care facilities: (i) maternity homes, (ii) temporary shelters, (iii) specialized treatment units and similar facilities operated by agencies where (A) ordinarily fewer than five children are placed by an agency for residential care and supervision, and (B) the care and supervision is provided by persons employed by the agency, (iv) facilities providing residential care and supervision for children who are attending school which facilities are not operated by school boards, private schools or other educational or training facilities or institutions. Residential units within facilities 3 If a facility consists of a group of buildings, or separate floors or areas in a building, and each such building, floor or area operates as a separate residential unit within the facility with respect to residential care and supervision for children, programs and staffing, each such residential unit is deemed to be a child care facility and must be licensed under this regulation. PART 2 LICENSING ISSUANCE OF LICENCE Licence application 4(1) A person may, on a form provided by the director, apply for a licence to operate a child care facility. Initial information included with application 4(2) The application for a licence must be accompanied by the following initial information: (a) a written proposal outlining the program and goals of the child care facility, the residents to be served and the services to be provided in the child care facility; (b) documentation on the need for the child care facility and a description of the needs of the client population to be served by the child care facility; (c) documentation as to the qualifications and training of the applicant; (d) a criminal record check and a child abuse registry check for the applicant, with each such check dated within three months of the date of the application; (e) a consent to the release of information about the applicant from a prior contact check obtained in accordance with subsection (2.1). Prior contact check 4(2.1) The director shall make reasonable efforts to obtain a prior contact check for an 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 applicant has resided for the last five years, or for such longer period as the director considers reasonably necessary, in order to determine if the applicant has been the subject of a child protection investigation. M.R. 200/2001 Preliminary approval of application 4(3) The director may give preliminary approval to the applicant to proceed with the application where the director is of the opinion, based on the information provided by the applicant under subsection (2), that (a) there is a need for the facility and the program proposed to be provided at the child care facility; and (b) the applicant is suitable to provide residential care and supervision in an environment that is conducive to the health, safety and well-being of the residents. Further information with application 4(4) An applicant who receives preliminary approval under subsection (3) must submit the following further information: (a) a floor plan showing room dimensions, location of rooms to be occupied by residents and the number of residents to be cared for in each room; (b) if the applicant is a corporation, a copy of the constitution and by-laws of the corporation and a copy of the latest annual return filed under The Corporations Act ; (c) evidence of compliance with standards in legislation, regulations and by-laws as to building construction and use from the appropriate authority in the area where the child care facility is located; (d) a report from the fire authority regarding compliance by the child care facility with standards as to fire prevention and safety in legislation, regulations and by-laws; (e) a report from the health authority for the area in which the child care facility is located regarding compliance with standards for sanitation, natural and artificial lighting, heating, plumbing, ventilation, water supply, sewage disposal and food handling; (f) where any change or improvement is recommended or required in a report under clause (d) or (e), written confirmation from the fire authority or health authority that the recommendation or requirement has been met; (g) documentation on community facilities and services that are available and the ways in which these are appropriate and available to the residents to be served by the child care facility; (h) written evidence of consultation with the operators of community facilities and services where access to these facilities and services may be required by the residents; (i) a description of the neighbourhood in which the applicant proposes to establish the child care facility and the ways in which the neighbourhood is suitable for the residents; (j) evidence of consultation with persons in the neighbourhood in which the applicant proposes to establish the child care facility; (k) information concerning other residential care facilities for children or adults in the neighbourhood and their proximity to the proposed site of the child care facility; (l) evidence that the municipality and the school board in the area where the child care facility is to be located have been notified in writing of the intent to establish a child care facility; (m) a plan for securing funds to establish, equip and operate the child care facility; (n) a written statement of proposed policies and procedures required under subsection 28(1); (o) such other information or additional documentation that the director considers necessary. Licensing considerations 4(5) When making a decision respecting the granting of a licence under this section, the director shall consider the information provided under this section and be satisfied that (a) the applicant and persons associated with the operation of the proposed child care facility are suitable to provide residential care and supervision in an environment that is conducive to the health, safety and well-being of the residents; (b) the premises in which the applicant proposes to operate the child care facility complies with the requirements and standards of this regulation; and (c) there is a need for the child care facility and the program proposed to be provided at the facility. Terms and conditions 4(6) A licence issued under this section may contain terms and conditions consistent with this regulation as specified on the licence by the director. Term of licence 4(7) A licence under this section is valid for a one-year period. M.R. 200/2001 Mixed facilities 5(1) Subject to subsection (2), the director shall not issue a licence to a child care facility that proposes to also be licensed under The Social Services Administration Act to provide residential care and supervision for adults unless the director is satisfied that placing children and adults together in the facility will not be detrimental to the children. Child in facility attains age of majority 5(2) When a child in a child care facility attains the age of majority, the director may authorize the licensee to continue to provide residential care and supervision for the resident until he or she attains the age of 21 years if the resident has special needs or otherwise requires residential care and supervision after attaining the age of majority. Temporary extension — residential care for adults 5.1(1) Despite subsection 5(2), a licensee is authorized to continue to provide residential care and supervision for a resident who has attained the age of majority for as long as the director or an agency continues to provide care and maintenance for the resident under the Act. Application 5.1(2) Subsection (1) applies during the period starting on September 22, 2020, and ending on March 23, 2021. M.R. 84/2020 Form of licence 6 A licence to operate a child care facility shall be in a form approved by the director and shall (a) state the date on which it expires; (b) designate the number, ages and sex of the children who may be placed in the facility; and (c) state any other terms and conditions under which the licence is issued. Licence to be displayed 7 A person who has been issued a licence to operate a child care facility shall display the licence in a conspicuous place in the child care facility. Licence not transferable to another person 8 A licence is not transferable by the person named on the licence to any other person. Change of location 9(1) Where a licensee intends to move the child care facility to a new location (a) the licensee shall notify the director in writing not less than 60 days before the date of the move; and (b) the licensee shall provide the director with any of the documentation referred to in section 4 that the director considers necessary. New licence issued 9(2) If the director is satisfied that the child care facility at the new location meets the requirements and standards set out in this regulation, the director shall issue a new licence for a one-year period. RENEWAL OF LICENCE Renewal of licence 10(1) A person who wishes to renew a licence must apply to renew the licence in the form provided by the director, at least 60 days before the expiry date of the licence. Review by director 10(2) Where a person has applied for a renewal of a licence the director shall, prior to the expiry of the licence, conduct a review of the operation of the child care facility. Considerations re renewal 10(3) When making a decision respecting the renewal of a licence under this section, the director shall consider (a) whether the licensee and child care facility are in compliance with the Act, this regulation and any terms and conditions imposed by the director; and (b) the grounds under subsection 14(1) that apply to the suspension or cancellation of a licence. Terms and conditions on renewal 10(4) A licence renewed under this section may contain terms and conditions, consistent with this regulation, as specified on the licence by the director. Term of renewal 10(5) A licence renewed under this section is valid for a one-year period from the date of expiry of the previous licence. TEMPORARY EXTENSION OF LICENCE Temporary extension of licence 10.1(1) Despite subsections 4(7) and 10(5), if a licence expires on or after September 21, 2020, the director 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 10.1(2) The licence may be extended until March 23, 2021, or for a shorter period. Further extensions 10.1(3) A term of a licence may be extended more than once under this section. Licence extended under Order 10.1(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. 84/2020 REAPPLICATION FOR LICENCE Reapplication for a licence after two renewals 11(1) A person whose licence has been renewed twice under section 10, and who wishes to continue to operate the child care facility beyond the expiry date of the second renewal, must apply for a new licence, on a form provided by the director, at least 60 days before the expiry date of the licence. Documentation required 11(2) The application must be accompanied by the following: (a) a report from the fire authority regarding compliance by the child care facility with standards as to fire prevention and safety in legislation, regulations and by-laws; (b) a report from the health authority for the area in which the child care facility is located regarding compliance with standards for sanitation, natural and artificial lighting, heating, plumbing, ventilation, water supply, sewage disposal and food handling; (c) where any change or improvement is recommended or required in a report under clause (a) or (b), written confirmation from the fire authority or health authority that the recommendation or requirement has been met; (d) a statement confirming that the information and documentation provided at the time of the application for the licence under section 4 has not changed or, if there has been any change in that information or documentation, a statement setting out the change or a copy of the documentation; (e) any other information or additional documentation that the director considers necessary. Application of subsections 10(3) to (5) 11(3) Subsections 10(3) to (5) apply to the issuance of a licence on a reapplication under this section, with necessary modifications. VARIATION OF LICENCE Variation of licence 12 The director may vary a licence to (a) change the designated number, ages or sexes of the children who may be placed in the child care facility; or (b) alter any other term or condition of the licence; provided that the director is satisfied that the facility continues to meet the other requirements of this regulation. COMPLIANCE ORDERS Orders respecting requirements 13(1) Where the director is satisfied that a child care facility described in a licence is not being operated or maintained in compliance with the requirements or standards set out in this regulation, the director may, by written order, require the licensee to take measures to remedy the non-compliance as specified in the order and within the time limits as specified in the order. Copy of order to licensee 13(2) A copy of the director's order under subsection (1) shall be given to the licensee personally or by registered mail. LICENCE SUSPENSION AND CANCELLATION Suspension or cancellation of licence 14(1) The director may, by written order, suspend or cancel a licence issued in respect of a child care facility where in the director's opinion (a) the licensee is not operating the child care facility in accordance with the requirements of the Act, the regulations and the terms and the conditions of its licence; (b) the licensee has made a material false statement in an application or reapplication for a licence or a renewal of a licence; (c) the child care facility or the program carried on by the licensee is not being operated in a manner that is in the best interests of the residents; (d) the licensee has failed to comply with an order made under section 13; (e) a change has occurred in the officers or directors of the applicant or in the employees of the child care facility that would, if the licensee were applying for the licence afford grounds for refusing to issue a licence; or (f) any other circumstance exists that, in the opinion of the director, is a cause for concern respecting the operation of the child care facility. 14(2) [Repealed] M.R. 64/2018 Terms and conditions after suspension 14(3) If the director suspends a licence, the director may provide that the licence be reinstated after the period of suspension subject to such terms and conditions as may be specified by the director. M.R. 64/2018 REASONS AND NOTICE OF RIGHT TO APPEAL Reasons given and notice of right to appeal 14.1 Upon making a decision to refuse, suspend, cancel or not renew a licence to operate a child care facility, the director must state in writing the reasons for the decision and advise the person affected of the right under subsection 8(5) of the Act to appeal the matter to the Social Services Appeal Board. M.R. 64/2018 CHILD CARE FACILITY CEASES OPERATIONS Facility ceases operations 15 If the licensee of a child care facility intends to cease operations, the licensee shall (a) notify the director in writing at least 60 days before the proposed date for ceasing operation that it intends to cease operations; and (b) comply with the requirements of clauses 16(c) to (e). Facility ceases operations where licence cancelled, etc. 16 If the director (a) does not renew a licence under section 10 or issue a licence under section 11; or (b) suspends or cancels a licence under section 14; the licensee shall (c) immediately transfer the records of residents referred to in section 26 (i) to the respective placing agencies of the residents, or (ii) if there is no placing agency involved, to the organization or jurisdiction that placed the resident, or to the parent or guardian of the resident, or to the resident, as the director determines is appropriate; (d) advise the placing agency and the director of any situation respecting a resident which may require immediate attention; (e) immediately transfer the records referred to in section 27 to the director; and (f) return the licence to the director. PART 3 REQUIREMENTS AND STANDARDS FACILITY MANAGEMENT Licensee responsible for child care facility 17(1) Every licensee is responsible for the operation and management of the child care facility including program, financial and personnel administration of the child care facility. Day to day operations if licensee a corporation 17(2) A licensee that is a corporation shall appoint an individual who shall be responsible to the licensee for the day to day operation and management of the child care facility and present in the facility on a regular basis. Day to day operations if licensee an individual 17(3) A licensee who is an individual shall be present at the child care facility on a regular basis. Designate if temporary absence 17(4) If a licensee who is an individual, or the individual appointed under subsection (2), is absent, the powers and duties of that person shall be exercised and performed by another person as the licensee designates. STAFFING Staffing 18(1) A licensee shall (a) employ a sufficient number of competent persons for the full-time care and supervision of the residents and for the operation of the child care facility; (b) require that employees on duty during the night remain awake unless otherwise allowed by the director; (c) ensure that one employee is designated to be in charge of a shift where more than one person is on duty; and (d) ensure that all employees who work directly with the residents (i) prior to being employed in the child care facility or within a period of time approved by the director, complete a first aid course and CPR training relevant to the age of the group being cared for that are approved by the director, and (ii) complete recertification of the first aid course and CPR training as required by the director. Volunteers 18(2) A volunteer shall not be included when determining the number of persons required under clause (1)⁠(a). M.R. 84/2020 Criteria for employees and volunteers 19(1) A licensee shall ensure that any person who works directly with the residents or who may have unsupervised access to residents (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 and a child abuse registry check, each dated (i) within three months prior to commencing work at the child care facility, or (ii) at a time or within a period of time approved by the director, if the approval is or was given on or after March 20, 2020, and before March 24, 2021, 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; and (e) [repealed] M.R. 84/2020 ; (f) [repealed] M.R. 200/2001 ; (g) consents to the release of information about his or her previous employment and volunteer work. Additional criteria imposed by director 19(2) The director may impose additional criteria to be met by employees or volunteers who work directly with residents who have special needs or otherwise require specialized care or supervision. M.R. 200/2001 ; 84/2020 References and records 20 The licensee shall ensure that the references, checks and information referred to in subsection 19(1) are (a) examined by the licensee (i) to determine if the person may be a risk to the residents, and (ii) to assess the person's ability to discharge his or her responsibilities; and (b) maintained on the person's personnel record for as long as the person works at the child care facility. Requiring further checks 21(1) Where the licensee or the director receives information that causes it to believe that the person may pose a risk to children or be unable to discharge his or her responsibilities, the licensee or the director may request that the person consent to a subsequent child abuse registry check and a criminal record check. Further checks reviewed 21(2) Section 20 applies with necessary modifications when a further check is requested under subsection (1). M.R. 200/2001 INSURANCE Insurance coverage 22 A licensee shall maintain public liability and property damage insurance against claims for personal injury, death or damage to property of others, arising out of the operations of the licensee or as a result of any of the acts or omissions of the licensee or any of its officers, employees or agents. FACILITY RECORDS Admission and discharge records 23 A licensee shall record and report admissions, discharges and absences of residents as required by the director. Personnel records 24 A licensee shall maintain personnel records of all employees and volunteers as required by the director. Financial records 25 A licensee shall maintain complete and accurate financial records with respect to the operation of the child care facility in accordance with generally accepted accounting principles and shall make them available for inspection by the director on request. RESIDENTS' RECORDS Resident's record 26(1) A licensee shall maintain a record for each resident who resides at the child care facility which includes the following information for the period during which the resident resides at the facility: (a) the name, birth date and sex of the resident; (b) the date of and reason for admission and discharge; (c) the name, address and telephone number of the placing agency, organization, jurisdiction or parent or guardian that placed the resident in the facility; (d) names, addresses and telephone numbers of the child's parents or guardians; (e) a statement of the goals and treatment plan for the resident; (f) a record of all case conferences, including admission, planning, family and discharge conferences; (g) the resident's PHIN as defined in The Personal Health Information Act and Department of Families health services number, if any; (h) records of any medical, dental, optical, physical, developmental or emotional conditions relevant to the care of the child; (i) the child's immunization and health care history updated every three months with appointment dates, reasons for referral, names of physicians and follow-up required; (j) a record of medications and therapeutic diets prescribed by, and any special instructions given by a physician; (k) a record of all medications given to the child, recorded in the form and manner as required by the director; (l) a record of all the schools attended by the child, including the name of the principal and the child's teachers, with the child's report cards and attendance records; (m) daily observations and comments by employees about the resident; (n) a description of any incidents involving the resident and any action taken; (o) any other information with respect to the resident as considered appropriate by the licensee or required by or provided by the director or placing agency to be placed on the resident's record. Residents' records at other child care facilities 26(2) Where the child care facility is a place designated under clause 2(c), the director may allow the licensee to maintain residents' records which do not include all of the information set out in subsection (1). Record is confidential 26(3) A licensee shall ensure that a resident's record referred to in subsection (1) (a) is stored in a secure place; and (b) is confidential and accessible only as follows: (i) 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 resident, (ii) where the record is for a resident who was placed by an agency, to persons employed, retained or consulted by the agency, and to any other person or entity when authorized by the agency and section 76 of the Act applies to the record with necessary modifications, (iii) in any other case, to a parent or guardian of the resident, the director and any other person with a legal right of access to the record. Resident's record given to placing agency 26(4) When a resident is discharged from a child care facility, the licensee shall ensure that the resident's record referred to in subsection (1) is given (a) to the resident's placing agency; or (b) if there is no placing agency for the resident, to the organization or jurisdiction that placed the resident, or to the parent or guardian of the resident, or to the resident, as the director determines is appropriate. M.R. 115/2025 Information kept by licensee 27 When a resident is discharged from a child care facility, the licensee shall keep a record that contains the following information about the resident for seven years after the date when the former resident reaches the age of majority: (a) the resident's name, birth date and sex; (b) the date of admission and discharge; (c) the name, address and telephone number of the placing agency, organization, jurisdiction or parent or guardian that placed the resident in the facility; (d) names, addresses and telephone numbers of the child's parents or guardians. POLICIES AND PROCEDURES Policies and procedures established 28(1) Every licensee shall establish and keep current a written statement of policies and procedures for the child care facility with respect to the following: (a) the goals and objectives of the program provided by the licensee; (b) the organizational structure; (c) program, financial and personnel administration; (d) management and supervision of employees and volunteers; (e) admission and discharge criteria; (f) planning, monitoring and evaluation of care provided to residents; (g) maintenance of records referred to in sections 26 and 27; (h) health services and education available to residents; (i) supervision of residents while being transported; (j) maintaining security; (k) encouraging residents to participate in community activities and, where appropriate, for involving parents in the program; (l) managing behaviour and maintaining discipline; (m) the use of isolation pursuant to section 32; (n) complaints by residents; (o) emergency procedures as required under section 35; (p) the handling of allegations of abuse by employees and volunteers. Policies accessible 28(2) A licensee shall keep a copy of the policies and procedures referred to in subsection (1) in the child care facility and shall make them accessible to employees and volunteers and, upon request, to placing agencies, or the organization or jurisdiction that placed the child and the parents and guardians of residents. Orientation re policies and procedures 28(3) The licensee shall ensure that each employee or volunteer receives an orientation with respect to (a) the policies and procedures of the child care facility; and (b) the confidentiality and access provisions of the Act; within two weeks of commencing work at the child care facility and on an annual basis thereafter. DISCIPLINE AND BEHAVIOURAL MANAGEMENT Unacceptable disciplinary practices 29 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 resident; (b) physically restrain a resident other than physical restraint for the purpose of protecting the person and property of a resident or others, and only to the degree and duration necessary for such protection; (c) encourage or condone punishment of one resident by other residents; (d) force a resident to take an uncomfortable or degrading position as a form of punishment; (e) exclude a resident from entry to the child care facility; (f) use excessive or prolonged confinement; (g) permit or refuse home visits as a form of reward or punishment; or (h) practice any other disciplinary measure expressly prohibited by the director. Behavioural management policies and procedures developed 30(1) A licensee shall develop written behavioural management policies and procedures with respect to discipline, punishment and isolation setting out (a) the practices that may be used and the practices that shall not used; and (b) the potential consequences for failing to comply with the policies and procedures. Director's approval of behavioural management policies 30(2) The policies and procedures under subsection (1) and any changes to them shall be approved by the director. Director's approval for an isolation room 31 A licensee shall not establish a room for the purpose of isolating residents to ensure the resident's safety or the safety of others without written approval from the director. Isolation 32(1) A licensee shall ensure that a resident (a) is isolated only to ensure the resident's safety or the safety of others; (b) is not kept in an isolation room without supervision by an adult who is able to see and hear the resident; and (c) remains in the isolation room for no longer than two hours. Procedures when isolation used 32(2) Each time a resident is confined to an isolation room, the licensee shall (a) notify the placing agency in writing of the date, time and duration of the confinement within five working days after the date of the confinement; and (b) make a record of the isolation in the resident's record under subsection 26(1). COMPLAINTS Grievance policy for complaints 33(1) A licensee shall establish a written grievance policy for complaints, approved by the director, which (a) sets out the right of residents to grieve the policies or procedures of the child care facility or the actions of the licensee or others involved with the child care facility; and (b) explains the procedures available to residents to grieve to the licensee, the placing agency or the organization or jurisdiction which placed the resident, the director and the Advocate for Children and Youth. Grievance policy posted 33(2) The licensee shall post the grievance policy in a conspicuous place in the child care facility. Residents advised of grievance policy 33(3) The licensee shall advise a resident at the time of admission and at least every six months following admission, in a manner appropriate to the age and maturity of the resident, of the right to grieve and the grievance procedures available. M.R. 64/2018 INCIDENTS Incidents 34(1) In this section, "incident" means (a) a serious illness or change in a resident's health; (b) a serious accident involving a resident; (c) an error in administering a prescribed medication to a resident or an adverse reaction by a resident to medication; (d) abuse or the danger of abuse of a resident; (e) the death of a resident; 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 resident or another person. Report and review of incident 34(2) When an incident concerning a resident occurs, the licensee shall (a) report the incident to the director and the placing agency or the organization or jurisdiction which placed the resident, in the manner and form required by the director; (b) follow the procedures established by the director; and (c) review the incident 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 35 A licensee shall ensure that (a) emergency telephone numbers and procedures are posted in a prominent place in the child care facility; (b) emergency evacuation procedures are made known to all employees; (c) emergency evacuation procedures are practised at least once a month for all residents and written records are kept for a period of one year, indicating the date and time of each drill and the number of employees and residents evacuated; (d) fire extinguishers of a size and class and other fire prevention equipment required by the fire authority are installed and maintained; and (e) all employees in the child care facility are knowledgeable about the use of fire extinguishers and any other fire prevention equipment in the facility. SPACE AND ACCOMMODATION Use of facility 36 No licensee shall, without the consent of the director, provide day care, school or day treatment programs for children who are not residents or for adults. Renovation to facility 37 A licensee shall obtain the approval of the director before proceeding with any renovation or change to a child care facility that may alter the living space or affect the structure, safety or sanitary condition of the child care facility. Maintenance of facility 38 A licensee shall ensure that the facility and grounds are maintained at a standard consistent with public health standards and similar to that of surrounding dwellings. Adequate space for daily living activities 39 No licensee shall operate a facility which does not provide each resident with adequate space for activities of daily living including meals, rest and sleep, personal hygiene, storage of clothes and personal belongings, school work and play and recreation in accordance with (a) applicable health and safety legislation and regulations; and (b) standards established by the director. Bedroom space 40 A licensee shall ensure that (a) a minimum of seven square metres of bedroom space for single occupancy and 5.6 square metres for each resident for multiple occupancy; (b) no room without a window is used as a bedroom; and (c) no basement area or room is used for sleeping accommodation unless such use is approved by the appropriate health authority and fire authority. Storage space 41 A licensee shall provide each resident with (a) separate storage space for the storage of clothing; and (b) a separate, readily accessible storage area for the storage of personal belongings. Bathing and toilet facilities 42 The licensee shall ensure that (a) the facility has a minimum of (i) one wash basin with hot and cold water and one flush toilet for every five residents or fewer and, where there is more than one toilet in any one room, each toilet has a separate compartment, and (ii) one bath or shower with hot and cold water for every eight residents or fewer; and (b) the water temperature in a bathroom meets the standards established by the director. Dining area 43 A licensee shall ensure that each dining area in a child care facility is (a) separate from the sleeping area; (b) has adequate seating maintained in good repair for all residents and staff persons; and (c) has adequate and suitable crockery and eating utensils, clean and in good repair for all residents and staff persons. Kitchen 44 A licensee shall ensure that each kitchen in a child care facility is provided with (a) a refrigerator, stove and sink of adequate size and in good working condition; (b) suitable and adequate cooking utensils in good repair; and (c) suitable and adequate storage of all perishable and non-perishable foods. Storage areas for housekeeping supplies 45 A licensee shall ensure that the child care facility has suitable and adequate storage for all cleaning supplies and other housekeeping products. Laundry facilities 46 A licensee shall ensure that the child care facility has facilities for the washing of personal clothing by residents choosing to do so. RECREATION Recreation 47 A licensee shall (a) provide indoor living and recreational space with suitable games and equipment to enhance physical and emotional health; (b) allow residents free access to the living and recreational areas and reasonable use of the equipment throughout the day and evening; (c) allow and encourage residents to independently make use of community recreational resources and to constructively occupy their leisure time where appropriate; and (d) make available an appropriate number and type of recreational and leisure time activities for residents who do not adequately provide for their own leisure time needs. Recreational camps 48 Where a licensee is authorized by the director to operate an overnight recreational camp for residents, the camp shall be operated in accordance with applicable health and other provincial legislation and the standards and requirements of the director. EQUIPMENT AND SUPPLIES Equipment and supplies 49(1) A licensee shall ensure that the child care facility is equipped with (a) a telephone in working order for use by residents; (b) a first aid kit equipped as required by the director, which is readily available; and (c) a bed and clean mattress for each resident suitable for the resident's age and size, together with an adequate supply of clean bedding that is in good repair and appropriate for the climate. Infants' equipment 49(2) For children who are under two years of age a licensee shall provide and maintain equipment for eating, sleeping and playing that is (a) consistent with the developmental capabilities of the children; and (b) in compliance with the requirements of the Hazardous Products Act (Canada) and other applicable safety legislation or standards as determined by the director. Clothing and personal supplies 50 A licensee shall ensure that each resident in the child care facility 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. FOOD SERVICES Food 51 The licensee of a child care facility shall at recognized meal time hours (a) provide a minimum of three meals daily which shall be (i) varied, attractive and nutritionally and calorically adequate for the dietary requirements of each resident, 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 resident's physician or a qualified dietitian; (c) provide alternative food items for those residents who have allergies to the foods being served; (d) give consideration to differences in diets for residents according to religious beliefs, cultural, racial and personal preferences; and (e) provide meals by room tray service when a resident is too ill to eat in the dining area. Menus 52 A licensee shall (a) prepare weekly menus for meals in advance of the serving of the meals; (b) indicate on the menus any change in the actual food served when variations in the planned menu become necessary; and (c) retain the menus for at least three months. HEALTH AND SAFETY Health care 53 A licensee shall arrange that residents have (a) access to community health services; (b) health education; and (c) annual medical and dental examinations, and vision examinations every 24 months. Medications 54(1) A licensee shall ensure that, subject to subsection (2), (a) prescription medicines are administered to a resident only under the general supervision of a staff person in accordance with guidelines approved by the director; and (b) a record is kept of all medications given to each resident in the form and manner required by the director, including (i) the type of medication, (ii) the period for which the medication is prescribed, (iii) when each dose is to be given and is given, and (iv) which staff person administered the medication. Self-administration of medications 54(2) A resident may assume responsibility for self-administration of medications if (a) the resident is of sufficient maturity to do so and it shall be presumed that a resident who is 16 years of age or over has sufficient maturity to do so; and (b) the licensee can ensure that no unauthorized person can have access to the medications. Record maintained 54(3) If a resident assumes responsibility for self-administration of medications the licensee shall (a) provide a secure storage area to be used for storage of the medication of the resident; and (b) maintain a record of the medications self-administered by the resident in the form and manner required by the director. Medication errors or reactions 55 Where there is (a) an error or omission in administering prescribed medication to a resident; or (b) an adverse reaction by a resident to a medication; the licensee shall (c) immediately consult with the resident's prescribing physician, a pharmacist or a person at a poison control centre; (d) report the matter to the director and placing agency or the organization or jurisdiction that placed the resident, in the manner and form required by the director; and (e) follow the procedures established by the director. Safety and health practices 56 A licensee shall ensure that (a) all poisonous and inflammable substances and all medications are stored in a location inaccessible to residents; (b) harmful substances and objects that are not essential to the operation of the child care facility are not stored in or around the facility; (c) animals kept in the child care facility have had all vaccinations as required by the health authority and are kept in a manner acceptable to the health authority; and (d) infectious disease control measures consistent with guidelines issued by health authorities are followed. Firearms 57 A licensee shall ensure that firearms, air rifles, bows, other hunting devices, ammunition and explosive substances are not allowed in the child care facility. VISITORS Visitors 58 Subject to limitations imposed by a court, a placing agency or this regulation, a licensee shall ensure that a resident is allowed to have visitors at any reasonable hour and at any time under special circumstances except where, in the opinion of the licensee or the placing agency, a visit would be detrimental to the well-being of the resident or disruptive to the routine operation of the child care facility. Access to resident by parent or guardian 59 Where the parent or guardian of a child placed by an agency is entitled to have access to the resident, the licensee shall facilitate the access in accordance with a plan established with the placing agency. MONEY AND POSSESSIONS Money and possessions 60 A licensee shall ensure that (a) subject to section 61, the money and possessions of a resident are held in safekeeping on his or her behalf; (b) a record is maintained of any money received and disbursed on behalf of a resident;

and (c) the money and possessions of a resident are released to the resident upon the request of the placing agency or the director. Personal allowance funds 61 A licensee shall ensure that personal allowance funds received on behalf of a resident (a) are given to the resident in a manner appropriate to the resident's age and maturity; or (b) with the agreement of the placing agency, are given to the resident in part with a portion held in safekeeping, to be given to the resident at a later date. Restitution or compensation 62 If (a) a court orders that a resident pay restitution; or (b) compensation for wilful or intentional damage by the resident has been requested of the resident; the licensee may, in consultation with the resident and the placing agency, deduct an amount up to the amount of the resident's personal allowance funds on hand for purposes of paying the restitution or compensation. Return of money and possessions 63 A licensee shall, under the direction of the placing agency or the director, give all clothing, personal possessions and money belonging to a resident to (a) the resident, the parent or guardian of the resident or the placing agency upon the resident's discharge from the child care facility; or (b) the placing agency on the death of the resident. PART 4 REVIEW AND COMING INTO FORCE Review 64 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 65(1) Subject to subsection (2), this regulation comes into force on March 15, 1999. Previously unlicensed facilities 65(2) This regulation comes into force on September 15, 1999 for a child care facility referred to in clause 2(c) that on the day before subsection (1) comes into force is not licensed under The Social Services Administration Act .