S-4.2, r. 2 - Regulation respecting the classification of services offered by family-type resources and the rates of compensation applicable to each type of service

À jour au 1^er janvier 2023

Ce document a valeur officielle.

chapter S-4.2, r. 2

Regulation respecting the classification of services offered by family-type resources and the rates of compensation applicable to each type of service

Act respecting health services and social services

(chapter S-4.2, ss. 303 and 314).

Replaced, M.O. 2011-017, 2011 G.O. 2, 3784; eff. 2012-01-01; see c. S-4.2, r. 3.1.

However, the provisions of this Regulation remain in force to the extent that they are necessary for the application of any provision of Division VII of the Regulation respecting the application of the Act respecting health services and social services for Cree Native persons (chapter S-5, r. 1), the Regulation respecting the contribution of users taken in charge by intermediate resources (chapter S-4.2, r. 7) or the Regulation respecting financial assistance to facilitate tutorship to a child (chapter P-34.1, r. 5).

The amounts prescribed in the Regulation have been indexed as of 1 January 2023. (s. 4; see I.N. 2024-02-15)

DIVISION 1 CLASSIFICATION OF SERVICES

1. The classification of services offered by family-type resources shall be based on the degree of support or assistance required by users.

M.O. 93-04, s. 1.

2. Family-type resources shall offer the following services:

(1)  first level services;

(2)  second level services;

(3)  third level services;

(4)  fourth level services; and

(5)  fifth level services:

(a)  in category 1;

(b)  in category 2;

(c)  in category 3.

Family-type resources may offer more than one level of services and, where applicable, in more than one category.

The levels and, where applicable, the categories of services offered to users shall be based on the “Identification of user characteristics”, an evaluation instrument appearing in Schedule I.

M.O. 93-04, s. 2.

3. Family-type resources may also offer rehabilitation services to a maximum of 4 persons.

M.O. 93-04, s. 3.

DIVISION 2 BASIC COMPENSATION AND SUPPLEMENT APPLICABLE TO FAMILY-TYPE RESOURCES

4. Family-type resources shall be entitled to the following basic daily compensation for services offered:

(1)  $24.22 for each child 4 years of age and under;

(2)  $27.89 for each child 5 to 11 years of age;

(3)  $34.99 for each child 12 to 15 years of age;

(4)  $37.73 for each child 16 and 17 years of age and for each adult 18 to 20 years of age who is attending a school or adult education centre offering secondary school level education that is governed by the regulations made under the Education Act (chapter I-13.3); and

(5)  $35.46 for each adult or elderly person.

M.O. 93-04, s. 4.

5. In addition to the compensation prescribed in section 4, family-type resources offering second, third, fourth or fifth level services or rehabilitation services shall be entitled, for each user, to the following daily supplement:

(1)  $2.97 for second level services;

(2)  $8.31 for third level services;

(3)  $15.21 for fourth level services;

(4)  for fifth level services:

(a)  $20.36 in category 1;

(b)  $23.79 in category 2;

(c)  $31.80 in category 3; and

(5)  $20.36 for rehabilitation services.

M.O. 93-04, s. 5.

5.1. In addition to the amounts paid pursuant to sections 4 and 5, family-type resources shall also be entitled to a daily lump sum of $6 per user.

M.O. 2004-001, s. 1; M.O. 2006-006, s. 1; M.O. 2007-010, s. 1; M.O. 2008-005, s. 1.

DIVISION 3 SPECIAL COMPENSATION

§ 1 . — Family-type resources

6. In addition to the compensation prescribed in sections 4 and 5, family-type resources shall also be entitled to special compensation to help maintain and foster the quality of the services offered to users. Such compensation shall be calculated in the manner and under the conditions prescribed in sections 7 to 25.

M.O. 93-04, s. 6.

7. A family-type resource which has been recognized under paragraph 1 of section 304 and section 314 of the Act respecting health services and social services (chapter S-4.2) for at least 1 year, shall be entitled, upon the definitive departure of a user who lived there for a minimum period of 6 consecutive months, to a daily compensation for availability of $5.98.

Such compensation shall be granted up to a maximum of 60 days as long as room is available and the user has not been replaced.

M.O. 93-04, s. 7.

8. Where a user is temporarily absent because he is on vacation, has a holiday or has run away, the family-type resource shall be entitled, for a maximum period of 15 days, to the basic daily compensation that is prescribed in section 4 and would have been applicable to that family-type resource, and to the daily lump sum provided for in section 5.1.

Upon the expiry of the 15-day period prescribed in the first paragraph, the provisions of section 7 apply, where applicable, for a maximum period of 30 days.

The compensation prescribed in the first paragraph shall be granted only on the condition that the user’s return to the family-type resource is anticipated during the absence by the institution identified by the agency under paragraph 2 of section 304 and under section 314 of the Act.

M.O. 93-04, s. 8; M.O. 2006-006, s. 2.

9. Where a user is temporarily absent because he is hospitalized, the family-type resource shall be entitled, for a maximum period of 30 days, to the basic daily compensation that is prescribed in section 4 and would have been applicable to that family-type resource, and to the daily lump sum provided for in section 5.1.

Upon the expiry of the 30-day period prescribed in the first paragraph, the family-type resource shall be entitled, provided the institution identified by the regional board has confirmed in writing to the family-type resource the need to reserve the user’s place, to the basic daily compensation that is prescribed in section 4 and would have been applicable to that family-type resource, and to the daily lump sum provided for in section 5.1, for a maximum period of 60 days. In the absence of such confirmation, the provisions of section 7 apply, where applicable.

M.O. 93-04, s. 9; M.O. 2006-006, s. 3.

10. Where a user is absent for the duration of a reintegration program, the family-type resource shall be entitled to the basic daily compensation that is prescribed in section 4 and would have been applicable to that family-type resource, and to the daily lump sum provided for in section 5.1.

Upon completion of the reintegration program, the provisions of section 7 apply, where applicable.

M.O. 93-04, s. 10; M.O. 2006-006, s. 4.

11. Where the placement of a user in a family-type resource is carried out progressively, the family-type resource shall be entitled to the basic daily compensation that is prescribed in section 4 and would have been applicable to that family-type resource, and to the daily lump sum provided for in section 5.1, for each day the user is actually present.

For the days on which the user is absent, the basic compensation to which the family-type resource is entitled shall be decreased by the amount of $3.14 and to the daily lump sum provided for in section 5.1.

Such amounts, however, shall be granted only for a maximum period of 30 days as of the first day the user is present in the family-type resource.

M.O. 93-04, s. 11; M.O. 2006-006, s. 5.

12. Where, at the request of the institution identified by the regional board, a family-type resource reserves places for the sole purpose of offering stopgap services, the family-type resource shall be entitled to a monthly compensation of $195.77 for each reserved place.

M.O. 93-04, s. 12.

13. Where a family-type resource offers stopgap services, regardless of whether place is reserved for that purpose or not, the family-type resource shall be entitled to the basic daily compensation that is prescribed in section 4, increased by $10.08, and to the daily lump sum provided for in section 5.1, for a maximum period of 30 days with a possible 30-day renewal in cases where an Act or a regulation provides for the possibility of extending such stopgap measures.

Upon the departure of a user who was placed under such circumstances, the provisions of section 7 no longer apply.

M.O. 93-04, s. 13; M.O. 2006-006, s. 6.

14. Where, as the result of an attack or injury caused by one of the users, a family-type resource is temporarily unable to provide the services required by the users, the family-type resource shall be entitled, for a maximum period of 90 days, to the compensation that would have been applicable under sections 4, 5 and 5.1.

M.O. 93-04, s. 14; M.O. 2006-006, s. 7.

15. Where a family-type resource assumes the travel and sitter-companion expenses previously authorized by the institution identified by the regional board and required in the user’s intervention plan, the family-type resource shall be entitled, upon presentation of vouchers, to:

(1)  reimbursement of travel expenses in compliance with the Directive sur les frais remboursables lors d’un déplacement et autres frais inhérents (C.T. 194603, 2000-03-30); and

(2)  reimbursement of sitter-companion expenses at a maximum hourly rate of $6.24 up to a maximum of $78.29 per family.

M.O. 93-04, s. 15.

16. Where a family-type resource participates in the “Techniques d’accueil” training program, the family-type resource shall be entitled, upon presentation of vouchers and proof of class attendance, to:

(1)  reimbursement of travel expenses for the number of kilometres exceeding a 60-km return trip from the family-type resource to the place where the course is offered in compliance with the directive mentioned in paragraph 1 of section 15; where public transportation is used, however, the total cost assumed by the family-type resource shall be reimbursed;

(2)  reimbursement of sitter-companion expenses up to a maximum of $93.97 for a 45-hour course or on a prorata basis according to the number of course hours attended where the family-type resource does not attend the entire course.

M.O. 93-04, s. 16.

17. A family-type resource having accumulated, during the same fiscal year ending 31 March, a minimum of 345 days during which one of the compensations prescribed in this Classification was received, with the exception of the compensation prescribed in section 7, shall be entitled, during the following fiscal year, to a maximum refresher period of 20 days. During such period, the family-type resource shall be entitled to receive the compensations applicable under this Classification in accordance with the conditions set therein.

In a case where there are fewer than 345 days accumulated, the family-type resource shall be entitled to a 20-day refresher period minus the number of days missing to make up the 345.

If the institution identified by the regional board fails to provide the family-type resource with such a refresher period, the latter shall be entitled to an annual lump sum payment equal to $9.41 multiplied by the number of users present in the family-type resource on 31 March of the previous year. The product is then multiplied by the number of refresher days to which the family-type resource would have been entitled under the first and second paragraph or, where applicable, by the remaining number of refresher days if the family-type resource has benefited from such measure during the current fiscal year. No compensation shall exceed $783.04.

For the purposes of this section, the simultaneous absence of all users in a family-type resource shall be considered as a refresher period.

M.O. 93-04, s. 17.

18. Where material damage to a family-type resource is caused by or attributable to one of the users, the family-type resource shall be entitled, upon presentation of vouchers, to an annual maximum compensation of $500.

M.O. 93-04, s. 18; M.O. 2004-001, s. 2.

§ 2 . — Foster families

19. With the prior authorization of the institution identified by the regional board, a foster family shall be entitled, upon presentation of vouchers, to the following maximum annual compensation for a child’s clothing:

(1)  $327.30 for each child 4 years of age and under;

(2)  $386.82 for each child 5 to 11 years of age;

(3)  $454.18 for each child 12 to 15 years of age; and

(4)  $516.83 for each child 16 and 17 years of age.

M.O. 93-04, s. 19.

20. With the prior authorization of the institution identified by the regional board, a foster family shall be entitled, upon presentation of vouchers, to reimbursement of costs relating to a child’s sports and cultural activities up to the following maximum annual compensation:

(1)  $70.48 for each child 4 years of age and under;

(2)  $156.62 for each child 5 to 11 years of age;

(3)  $230.20 for each child 12 to 15 years of age; and

(4)  $266.23 for each child 16 and 17 years of age.

M.O. 93-04, s. 20.

20.1. A foster family shall be entitled, as an allowance to cover a child’s personal expenses, to a daily amount of $5 for each child in foster care.

M.O. 2004-001, s. 3; M.O. 2005-012, s. 1; M.O. 2006-006, s. 8.

21. A foster family shall be entitled, at the beginning of the school year, to the following annual compensation to cover the costs of books, school supplies and extracurricular activities:

(1)  $126.31 for each child attending preschool or elementary school; and

(2)  $213.38 for each child attending secondary school.

With the prior authorization of the institution identified by the regional board and upon presentation of vouchers, a foster family shall also be entitled to reimbursement of the cost of any other school supplies required by the child during the course of the school year.

M.O. 93-04, s. 21; M.O. 2004-001, s. 4; M.O. 2006-006, s. 9.

22. A foster family shall be entitled, with the prior authorization of the institution identified by the regional board, to reimbursement of 50% of a child’s noon-hour cafeteria expenses up to a maximum amount of $3.14 per day.

M.O. 93-04, s. 22.

23. A foster family shall be entitled, with the prior authorization of the institution identified by the regional board and upon presentation of vouchers, to reimbursement of a child’s school registration fees.

M.O. 93-04, s. 23.

24. Where the school board does not provide school transportation to a child attending one of its schools, a foster family shall be entitled, upon presentation of vouchers, to reimbursement of such transportation costs in the following cases and under the following conditions:

(1)  where the distance travelled by the child is equal to or greater than 1.6 km, the foster family shall submit a letter from the school board justifying its refusal to provide school transportation to the child;

(2)  where the distance travelled by the child is less than 1.6 km, the foster family shall submit an attestation signed by a professional stating the reason why the child requires transportation; and

(3)  the means of transportation used is adequate and the least costly.

M.O. 93-04, s. 24.

25. Insofar as the cost of the following services is not assumed or reimbursed under another government program, a foster family shall be entitled, with the prior authorization of the institution identified by the regional board and upon presentation of vouchers, to reimbursement of costs in the following cases and, where applicable, under the following conditions:

(1)  for professional services which, if not rendered, would cause serious harm or prejudice to the child, as attested to by a professional other than the one who rendered the services;

(2)  for dental care that is justified by the child’s condition or for the purchase of dental prostheses;

(3)  for orthodontic services insofar as the child has been with the foster family for at least 1 year and there is no foreseeable reintegration into his biological family for the 12 months following the beginning of treatment; the medical or psychological need for such services shall be attested to by a professional other than the one who is rendering the services;

(4)  the purchase of medication that is prescribed by a physician or a dentist and that may be obtained only by prescription;

(5)  the purchase of eyeglasses or, where medically required, of prescribed contact lenses;

(6)  the purchase of a prescribed orthosis or prosthesis.

M.O. 93-04, s. 25.

26. The amounts prescribed in sections 4, 5, 7, 11 to 13, paragraphs 2 of sections 15 and 16, and sections 17, 19, 20, 21 and 22 are adjusted on 1 January of each year according to the Pension Index established in accordance with section 117 of the Act respecting the Québec Pension Plan (chapter R-9).

The amounts adjusted in the prescribed manner are reduced to the nearest cent if they contain a fraction of a cent less than $0.005; they are increased to the nearest cent if they contain a fraction of a cent equal to or greater than $0.005.

The Minister shall inform the public, through Part I of the Gazette officielle du Québec or by such other means as he considers appropriate, of the adjustment made under this section.

M.O. 93-04, s. 26; M.O. 2004-001, s. 5; M.O. 2006-006, s. 10.

27. For the purposes of calculating the 1-year period prescribed in section 7, any period prior to 1 January 1994 during which a foster family was recognized pursuant to a contract binding the foster family and a social services centre existing on that date may be calculated.

M.O. 93-04, s. 27.

28. (Omitted).

M.O. 93-04, s. 28.

29. (Omitted).

M.O. 93-04, s. 29.

SCHEDULE I

(s. 2)

IDENTIFICATION OF USER CHARACTERISTICS

Instructions

  1. This questionnaire should be filled out by the
psychosocial intervenor assigned to the user and, if
possible, in collaboration with the family caring 
for the user.

  First provide information on the user on the 
summary sheet (name, date of birth, file number) 
and indicate the user’s main problem.

  Next, indicate the user’s traits by filling out 
section A, "Physical State", and section B, 
"Physical Functioning".

  2. For each of the 10 facets examined, circle the
number of the most appropriate descriptor 
pertaining to the user.

  - Each question must be answered and only 
one response per question must be given.

  - Do not assume that state and functioning
with respect to a particular trait are the same.

  3. Once the 10 descriptors have been pinpointed,
transcribe the circled numbers on the summary sheet
in the space provided and add up the points 
respecting  state, functioning and the overall 
score.

  4. Sign the summary sheet and indicate the date 
on which the evaluation was carried out.

Summary sheet

User:______________________________________________
      Last name  and  first name       
20 ________________________________________________
    Y/M/D Date of birth                File number

  Main problem: Check the box that best describes 
the user.

  Needs social protection: The user is vulnerable
because of a loss of autonomy, or the absence or 
inadequacy of or threats from the family or social
environment, e.g. sexual abuse, neglect, social 
isolation, violence and so on.

  Social maladjustment: The user is suffering from
behavioural or social adjustment problems such as 
alcoholism.

  Mental health problem: The user is suffering from
mental illness, personality disorders or 
psycho-affective disturbances.	

  Physical health problem: Refers to physical 
illness or organic impairments.

  Sensory impairment: The user is suffering from the
loss of or a permanent anomaly in a sensory organ.

  Motor impairment: The user is suffering from the 
loss of or a permanent anomaly in a limb.

  Intellectual impairment: Refers to the simultaneous
presence of a significant intellectual handicap and
problems related to adaptive behaviour.

  Multiple impairments: The user is suffering from 
more than one significant problem.  (Do not select
this item unless it is impossible to pinpoint a 
single main problem.)

Scores transcribed:

SECTION A:                  SECTION B:
PHYSICAL STATE              PHYSICAL
                            FUNCTIONING
Physical state              Physical functioning
Cognitive state             Cognitive functioning
Affective state             Affective functioning
Behavioural state           Behavioural functioning
Relational and social       Relational and social
state                       functioning

Score (State)________ + Score (Functioning) _______
= __________ Overall score

Name of intervener:

Date of the evaluation:

Assessement grid

SECTION A: MEASUREMENT OF PHYSICAL STATE

  "State" refers to the static or structural facet 
of a characteristic, trend, predisposition or a 
given condition.  In the case of physical, 
relational or social traits, a state can be observed
on the basis of the signs or symptoms a person 
displays, and by individual attitudes and behaviour.
As for cognitive, affective and behavioural traits,
a state must be subjected to an overall intellectual 
assessment of the usual quality of the affect or 
type of personality that determines a behavioural 
tendency.

1. PHYSICAL STATE

  Refers to the presence or absence of organic 
(illness), physical (motor) or sensory (hearing or
sight) impairments. An individual’s state of health
refers to his general health in terms of the 
presence or absence of illness or organic 
impairments.  A physical (motor) or sensory 
(hearing or sight) impairment refers to the loss of
or a permanent anomaly in a limb or sensory organ.
Organic impairments or illnesses such as epilepsy, 
multiple sclerosis, cardiovascular problems, 
arthritis, diabetes, cancer and so on are considered 
health problems, regardless of the extent of or 
control over the illness.  Occasional or temporary
indispositions such as the flu or chickenpox should
not be regarded as health problems.

  The user displays:
  
  1   good health and absence of a physical or sensory	
      impairment
  2   good health and presence of physical or sensory
      impairments, or both
  3   health problem(s) and absence of physical or 
      sensory impairment
  4   health problem(s) and presence of physical or 
      sensory impairment(s)
  5   health problem(s) and presence of physical and
      sensory impairment(s)

2. COGNITIVE STATE

  Does not necessarily refer to an assessment of 
intellectual potential through an IQ test but a 
general evaluation of the individual’s intellectual
level.  The assessment entails a comparison with 
the overall population of the same age.

  Assessment of the user’s intelligence:
  
  1   above-average intelligence
  2   average or normal intelligence
  3   bordeline or slow
  4   slight or average impairment
  5   severe or acute impairment
  
3. AFFECTIVE STATE

  Refers to a general assessment of the usual 
quality of the affect or the affective state and 
applies equally to simple or complex states of 
pleasure, neutrality or displeasure.

  The user’s affect appears:
  
  1   flexible or adapted (apparent ability to feel 
      the full range of affective states)
  2   flat (appearance of detachment, absence, 
      neutrality, indifference)
  3   melancholic (tends to be sad, pessimistic, 
      depressed, negative)
  4   labile (tends to be unstable, unpredictable, 
      fickle)
  5   euphoric (tends to exaggerate or be exuberant 
      or overexcited)

4. BEHAVIOURAL STATE

  Refers to a significant propensity to act or 
react, bearing in mind personality, according to a
certain behavioural model.

  The user’s behaviour tends to be:
	
  1   appropriate to the circumstances (normality)
  2   marginal, bizarre (marginality)
  3   excessively passive (disproportionate tendency 
      to remain inactive)
  4   disturbing, provocative or hyperactive 
      (disproportionate tendency to be active)
  5   compulsive, unpredictable or uncontrolled
      (deviance)
	
5. RELATIONAL AND SOCIAL STATE	
  
  Refers to interaction within the primary and 
secondary networks outlined below and excludes 
interaction in the care facility.  The relational 
and social state situates the user in relation to 
the array of social networks with which he 
interacts, regardless of the nature of the 
interaction.

  Social networks:
  
  - Family ties (nuclear family, extended 
family)
  
  - No family ties (friends, neighbours, 
peers)
  
 - Formal or institutional (interveners in
the service network)

  - Informal or community (self-help groups, 
recreational groups and so on)

  N.B.: When the user’s interaction is confined to
people in the care facility, including other 
beneficiaries, circle the fifth descriptor.

  The user interacts with:
  
  1   all networks (4/4)
  2   most networks (3/4)
  3   half of the network (2/4)
  4   few networks (1/4)
  5   none of the networks (0/4)
  
SECTION B: MEASUREMENT OF PHYSICAL
FUNCTIONING

  "Functioning" represents the more dynamic or
fluctuating nature of the trait, actualization, 
operationalization, the degree of realization or 
expression.  In the case of all of these traits, 
the type of functioning is established on the basis
of direct or indirect observation by an outside 
observer of the attitudes or behaviour displayed
by the user, or of the user’s activities.

6. PHYSICAL FUNCTIONING
  
  Refers to the following everyday activities: 
hygiene, eating, dressing, bowel movements and 
mobility.  What is important is the result obtained,
regardless of the technical means used, e.g. 
ortheses, prostheses, wheelchairs, grab bars, canes,
adapted utensils, velcro fasteners, incontinence 
pads and so on.

  N.B.: In the case of a user whose ability to 
carry out everyday activities varies over time 
because, for example, of a cyclical physical 
illness such as arthritis, circle the third
descriptor.

  The user is functional with respect to:
  
  1   all everyday activities (5/5)
  2   most everyday activities (4/5)
  3   half of everyday activities (3/5 or 2/5)
  4   few everyday activities (1/5)
  5   no everyday activities (0/5)
	
7. COGNITIVE FUNCTIONING
  
  Refers to the following cognitive functions or
components: attention, understanding and judgment, 
memory, and orientation in time and space.  What is
important is the result obtained, regardless of the 
technical means used, e.g. topographical reference
points, reminders, learning and conditioning, 
role-playing, standard forms and so on.

  N.B.: In the case of a user whose functioning as 
regards the number of cognitive components varies 
sporadically over time because, for example, of 
significant fluctuations in tolerance to stress,
circle the third descriptor.

  The user is functional with respect to:
  
  1   all components (5/5)	
  2   most components (4/5)
  3   half of the components (3/5)
  4   few components (1/5)
  5   none of the components (0/5)
	
8. AFFECTIVE FUNCTIONING
  
  Does not refer to the nature of the emotion (fear,
tenderness, joy, anger), but to the degree of 
control exercised in expressing the emotion.

  The manner in which the user expresses emotions 
is usually:

  1   balanced (optimum control, appropriate 
      expression)
  2   stereotyped (learned control, automatism in 
      expression)
  3   inhibited (exaggerated control, repressed 
      expression)
  4   unstable (irregular control, unpredictable 
      expression)
  5   impulsive (absence or significant lack of 
      control, immoderate or unconsidered expression)

9. BEHAVIOURAL FUNCTIONING

  Refers to the way an individual acts in terms of
self-respect and respect for others.

  The user’s behaviour tends to be:
  
  1   assertive (positive, socially adapted 
      affirmation of self and, consequently, self-respect
      and respect for others)
  2   conciliatory, conformist, overly tolerant
  3   stubborn, rigid, obstinate or unstable
  4   manipulative
  5   aggressive, violent (no self-respect, failure 
      to respect others)

10. RELATIONAL AND SOCIAL FUNCTIONING

  Refers to the manner in which the user engages in
interaction, regardless of the individuals or 
networks involved.

  The user:
  
  1   displays an ability to approach or withdraw 
      depending on the circumstances (flexible, adapted)
  2   is afraid of social relations (timid, reserved,
      not overly inclined to withdraw)
  3   displays instability or temerity in social
      relations (unpredictable, careless)
  4   displays disproportionate social withdrawal 
      (isolated, introspective)
  5   displays a disproportionate social attraction 
      (overwhelming, stifling, social addict)                        

M.O. 93-04, Sch. I.

REFERENCES

O.C. 93-04, 1993 G.O. 2, 6781

M.O. 2004-001, 2004 G.O. 2, 827

M.O. 2005-012, 2005 G.O. 2, 3783

S.Q. 2005, c. 32, s. 309

M.O. 2006-006, 2006 G.O. 2, 1070

M.O. 2007-010, 2007 G.O. 2, 2255

M.O. 2008-005, 2008 G.O. 2, 962