Admission to a Care Home (LTB)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-23
CLNP Page ID:	2418
Page Categories:	[Care Homes (LTB)], [Substitute Decision Makers]
Citation:	Admission to a Care Home (LTB), CLNP 2418, <https://rvt.link/dd>, retrieved on 2024-11-23
Editor:	Sharvey
Last Updated:	2024/10/01

Need Legal Help?
Call (888) 655-1076

Join our ranks and become a Ninja Initiate today

Homes for Special Care Act, R.S.O. 1990, c. H.12

1 In this Act,

“home for special care” means a home for the care of persons requiring nursing, residential or sheltered care; (“foyer de soins spéciaux”)

...

7 The Lieutenant Governor in Council may make regulations with respect to homes for special care for,

...

(e) the admission, treatment, care, conduct, control, custody and discharge of residents or of any class of residents;

R.R.O. 1990, Reg. 636: GENERAL: under Homes for Special Care Act, R.S.O. 1990, c. H.12

1. In this Regulation,

...

“trustee” means the Public Guardian and Trustee, a guardian of property duly appointed under the Substitute Decisions Act, 1992, an attorney under a continuing power of attorney, a trustee duly appointed under a statute, a will or other instrument. R.R.O. 1990, Reg. 636, s. 1; O. Reg. 376/93, s. 1; O. Reg. 66/00, s. 1; O. Reg. 651/00, s. 1; O. Reg. 329/05, s. 1.

...

26. The administrator of a home for special care shall,

(a) deposit all money received from any resident of the home or from any trustee acting on behalf of such resident in a non-interest bearing account in a bank or authorized foreign bank within the meaning of section 2 of the Bank Act (Canada) or in a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 2020;

(b) provide a resident, or a trustee acting on behalf of a resident, with a written receipt for all money received for deposit in the trust account to the credit of such resident;

(c) maintain a separate book of account showing all deposits to and withdrawals from the trust account, the name of the resident for whom such deposit or withdrawal is made and the date of each deposit or withdrawal;

(d) in those instances where money received from a resident has been deposited in the trust account, make part or all of the money available to such resident upon the resident providing a written receipt therefor;

(e) in those instances where money received from a trustee on behalf of a resident has been deposited in the trust account, make part or all of the money available to such resident only in accordance with the written instructions of the trustee;

(f) with respect to each resident on whose behalf money is deposited in the trust account to the credit of such resident, retain in possession for a period of not less than six years,

(i) the deposit books, deposit slips, passbooks, monthly statements, cheque books and cancelled cheques applicable to the trust account referred to in clause (a),

(ii) the book of account referred to in clause (c),

(iii) the written receipts referred to in clause (d), and

(iv) the written instructions of the trustee referred to in clause (e), and at any time and from time to time on written demand of a resident, or his or her authorized agent, or a trustee acting on behalf of a resident, or such trustee’s authorized agent make the foregoing documentation available for inspection at reasonable hours during any business day;

(g) retain every record required to be kept under clause (c) for a period of six years from the date of the making of the record. R.R.O. 1990, Reg. 636, s. 26; O. Reg. 651/00, s. 8; O. Reg. 574/17, s. 1; O. Reg. 135/22, s. 1.

...

33. A person with a serious mental illness may be admitted to a home for special care upon his or her application, the application of a guardian of the person duly appointed under the Substitute Decisions Act, 1992, the application of a person acting under a valid power of attorney for personal care or the application of a lawfully authorized substitute decision-maker, if, immediately before the admission, the person has been assessed and considered eligible for placement by a member of the staff of an organization with whose board the Minister has entered into an arrangement under section 42. O. Reg. 176/12, s. 1.

Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008

13 (1) A person with a developmental disability who wishes to receive services and supports from a service agency or direct funding for services and supports under this Act, or both, may submit an application for such services and supports or for such funding to the application entity designated for the geographical area in which the person resides. 2008, c. 14, s. 13 (1).

(2) An application under subsection (1) may be made on behalf of a person with a developmental disability, by a member of the person’s family, by the person’s caregiver or by any other person. 2008, c. 14, s. 13 (2).

(3) An application under subsection (1) may specify that the application is for,

(a) services and supports provided by service agencies under this Act;

(b) direct funding for services and supports; or

(c) a combination of some services and supports from service agencies and some direct funding. 2008, c. 14, s. 13 (3).

...

22 A service agency shall comply with any prescribed requirements with respect to the operation of the agency, including any requirements relating to the composition of its board of directors, if any, the agency’s by-laws or the qualifications of any employees of the agency or of any other persons who provide services and supports on behalf of the agency. 2008, c. 14, s. 22.

...

38 The Lieutenant Governor in Council may make regulations,

...

(h) governing applications for services and supports or for funding made by or on behalf of persons with developmental disabilities under Part V, including determinations of eligibility for such services and supports and funding and prioritization for services and supports and funding;

...

(l) governing the provision of services and supports by service agencies to, or for the benefit of, persons with developmental disabilities, including the provision of residential services and supports;

O. Reg. 414/12: TRANSITION: DEEMED ELIGIBILITY FOR ADULT DEVELOPMENTAL SERVICES AND SUPPORTS UNDER THE ACT, under Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008, S.O. 2008, c. 14

1. In this Regulation,

“eligible person” means a person who falls into one of the classes of persons described in section 2; (“personne admissible”)

“Passport Program” means the program that provides services and supports to persons with developmental disabilities funded under section 11 of the Ministry of Community and Social Services Act and section 9 of the Act; (“programme Passeport”)

“Special Services at Home Program” means the program funded under section 11 of the Ministry of Community and Social Services Act to provide services for adults with developmental disabilities and under section 7 of the Child and Family Services Act to provide services for children with physical or developmental disabilities, which program was discontinued on March 31, 2012 for persons who are at least 18 years of age. (“Programme de services particuliers à domicile”) O. Reg. 414/12, s. 1.

2. This Regulation applies to the following classes of eligible persons:

1. Persons with a developmental disability who are at least 18 years of age and who were receiving or benefiting from services and supports under the Passport Program as of April 1, 2012.

2. Persons with a developmental disability,

i. who turn 18 years of age between April 1, 2012 and March 31, 2013,

ii. who are receiving or benefiting from services under the Special Services at Home Program immediately before their 18th birthday, and

iii. who will receive or benefit from services and supports under the Passport Program as of their 18th birthday.

3. Persons with a developmental disability who are at least 18 years of age before April 1, 2012 and had been found to be eligible for services under the Special Services at Home Program and were placed on a wait list in respect of services provided under that program before April 1, 2012.

4. Persons with a developmental disability,

i. who turn 18 years of age between April 1, 2012 and March 31, 2013,

ii. who are eligible to receive or benefit from services under the Special Services at Home Program immediately before their 18th birthday, and

iii. who are on a wait list in respect of services provided under the Special Services at Home Program before they turned 18 years of age.

5. Persons with a developmental disability who were at least 18 years of age before July 1, 2011 and who were found to be eligible and began to receive or benefit from services under the Developmental Services Act between January 1, 2011 and June 30, 2011.

6. Persons with a developmental disability who were at least 18 years of age before July 1, 2011 and who were found to be eligible to receive or benefit from services under the Developmental Services Act and were placed on a wait list in respect of services provided under that Act between January 1, 2011 and June 30, 2011. O. Reg. 414/12, s. 2.