O. Reg. 414/12: TRANSITION: DEEMED ELIGIBILITY FOR ADULT DEVELOPMENTAL SERVICES AND SUPPORTS UNDER THE ACT

Link to law: http://www.ontario.ca/laws/regulation/r12414
Published: 2012-12-14

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ONTARIO REGULATION 414/12

made under the

SERVICES AND SUPPORTS TO PROMOTE THE SOCIAL INCLUSION OF PERSONS WITH DEVELOPMENTAL DISABILITIES ACT, 2008

Made: December 12, 2012
Filed: December 14, 2012
Published on e-Laws: December 17, 2012
Printed in The Ontario Gazette: December 29, 2012


TRANSITION: DEEMED ELIGIBILITY FOR ADULT DEVELOPMENTAL SERVICES AND SUPPORTS UNDER THE ACT

Definitions

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”)

Classes of persons

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

ii. 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.

Transition, persons receiving services

3. (1) Subject to subsection (5), eligible persons described in paragraphs 1, 2 and 5 of section 2,

(a) are deemed to be eligible for services and supports and funding under the Act for purposes of section 14 of the Act; and

(b) shall continue to receive, or benefit from, those same services described in paragraphs 1, 2 and 5, as the case may be, until such time as an application entity for the geographic area in which the person resides conducts an assessment in accordance with subsection 42 (2) of the Act.

(2) Subsection 42 (2) of the Act applies, with necessary modifications, to eligible persons described in paragraphs 1, 2 and 5 of section 2.

(3) Subsection 42 (3) of the Act applies, with necessary modifications, to eligible persons described in paragraphs 1, 2 and 5 of section 2.

(4) Subsection 42 (4) of the Act applies, with necessary modifications, to eligible persons described in paragraphs 1, 2 and 5 of section 2.

(5) Eligible persons described in paragraph 2 of section 2 are deemed to satisfy the criteria set out in subsection (1) as of the later of January 1, 2013 and their 18th birthday.

Transition, prior determination of eligibility

4. (1) Subject to subsection (5), eligible persons described in paragraphs 3, 4 and 6 of section 2 are deemed to be eligible for services and supports and funding under the Act for the purposes of section 14 of the Act, if the person,

(a) has received notice in writing from the person who administers the wait list referred to in paragraph 3, 4 or 6, as the case may be, stating that the person has been found to be eligible for services; or

(b) otherwise satisfies an application entity for the geographic region in which the person with a developmental disability resides that the person who administers the wait list referred to in paragraph 3, 4 or 6, as the case may be, has found the person with a developmental disability to be eligible for services.

(2) Subsection 43 (3) of the Act applies, with necessary modifications, to eligible persons described in paragraphs 3, 4 and 6 of section 2 and who satisfy the criteria set out in subsection (1).

(3) Subsection 43 (4) of the Act applies, with necessary modifications, to eligible persons described in paragraphs 3, 4 and 6 of section 2 and who satisfy the criteria set out in subsection (1).

(4) Subsection 43 (5) of the Act applies, with necessary modifications, to eligible persons described in paragraphs 3, 4 and 6 of section 2 and who satisfy the criteria set out in subsection (1).

(5) Eligible persons described in paragraph 4 of section 2 are deemed to satisfy the criteria set out in subsection (1) as of the later of January 1, 2013 and their 18th birthday.

Commencement

5. (1) Subject to subsections (2), (3), (4), (5) and (6), this Regulation comes into force on the day it is filed.

(2) Sections 1 and 2 and subsections 3 (1), (2) and (5) and 4 (1), (2) and (5) come into force on the later of January 1, 2013 and the day this Regulation is filed.

(3) Subsection 3 (3) comes into force on the later of the day subsection 42 (3) of the Act comes into force and January 1, 2013.

(4) Subsection 3 (4) comes into force on the later of the day subsection 42 (4) of the Act comes into force and January 1, 2013.

(5) Subsection 4 (3) comes into force on the later of the day subsection 43 (4) of the Act comes into force and January 1, 2013.

(6) Subsection 4 (4) comes into force on the later of the day subsection 43 (5) of the Act comes into force and January 1, 2013.

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