P-34.1 - Youth Protection Act

Full text
36. Notwithstanding section 19 of the Act respecting health services and social services (chapter S-4.2), if the director decides to act on a report regarding a child and if he deems it necessary to ensure the protection of the child, the director or any person acting under section 32 of this Act may, at any reasonable time or at any time during an emergency, enter a facility maintained by an institution to examine the record kept on the child and make copies of it.
The institution must forward a copy of the record to the director, on request.
The director or any person acting under section 32 may also, with the authorization of the tribunal, examine on the premises the record kept on the parents or a person implicated in a report and that is necessary to assess the situation of the child.
1977, c. 20, s. 36; 1984, c. 4, s. 16; 1986, c. 95, s. 250; 1992, c. 21, s. 219, s. 375; 1994, c. 23, s. 23; 2001, c. 78, s. 10; 2006, c. 34, s. 12.
36. Notwithstanding section 19 of the Act respecting health services and social services (chapter S-4.2) and section 7 of the Act respecting health services and social services for Cree Native persons (chapter S-5), where the director decides to act on a situation that has been brought to his attention regarding a child who is the victim of sexual abuse or subject to physical ill-treatment or whose physical health is threatened by the lack of appropriate care, he and any person acting under section 32 or 33, may, at any reasonable time or any time in an emergency, enter a facility maintained by an institution to examine on the premises the record kept on the child and make copies thereof.
The institution shall, on request, transmit a copy of the record to the director.
In addition, where the director has decided to act on the situation of a child brought to his attention in a case referred to in the first paragraph, the tribunal may, on request, authorize in writing the director or any person acting under section 32 to require that the director of professional services of an institution or any person designated by the executive director of the institution communicate any information of a medical or social nature that is contained in the record of a person, other than the child, referred to in the information brought to the attention of the director, and that is necessary to assess the situation of the child. The tribunal may grant the authorization, subject to the conditions it specifies, if it is satisfied on the basis of a sworn statement by the director or the person acting under section 32 that there is reasonable cause to believe that
(1)  the life or security of the child concerned or of another child is threatened, and
(2)   it is necessary, for the purpose of assessing the child’s situation, to have access to the information contained in the record of that person.
1977, c. 20, s. 36; 1984, c. 4, s. 16; 1986, c. 95, s. 250; 1992, c. 21, s. 219, s. 375; 1994, c. 23, s. 23; 2001, c. 78, s. 10.
36. Notwithstanding section 19 of the Act respecting health services and social services (chapter S-4.2) and section 7 of the Act respecting health services and social services for Cree Native persons (chapter S-5), where the director decides to act on a situation that has been brought to his attention regarding a child who is the victim of sexual abuse or subject to physical ill-treatment or whose physical health is threatened by the lack of appropriate care, he and any person acting under section 32 or 33, may, at any reasonable time or any time in an emergency, enter a facility maintained by an institution to examine on the premises the record kept on the child and make copies thereof.
The institution shall, on request, transmit a copy of the record to the director.
1977, c. 20, s. 36; 1984, c. 4, s. 16; 1986, c. 95, s. 250; 1992, c. 21, s. 219, s. 375; 1994, c. 23, s. 23.
36. Notwithstanding section 19 of the Act respecting health services and social services (chapter S-4.2) and section 7 of the Act respecting health services and social services for Cree and Inuit Native persons (chapter S-5), where the director decides to act on a situation that has been brought to his attention regarding a child who is the victim of sexual abuse or subject to physical ill-treatment or whose physical health is threatened by the lack of appropriate care, he and any person acting under section 32 or 33, may, at any reasonable time or any time in an emergency, enter a facility maintained by an institution to examine on the premises the record kept on the child and make copies thereof.
The institution shall, on request, transmit a copy of the record to the director.
1977, c. 20, s. 36; 1984, c. 4, s. 16; 1986, c. 95, s. 250; 1992, c. 21, s. 219, s. 375.
36. Notwithstanding section 7 of the Act respecting health services and social services (chapter S-5), where the director decides to act on a situation that has been brought to his attention regarding a child who is the victim of sexual abuse or subject to physical ill-treatment or whose physical health is threatened by the lack of appropriate care, he and any person acting under section 32 or 33, may, at any reasonable time or any time in an emergency, enter an establishment to examine on the premises the record kept on the child and make copies thereof.
The establishment shall, on request, transmit a copy of the record to the director.
1977, c. 20, s. 36; 1984, c. 4, s. 16; 1986, c. 95, s. 250.
36. Notwithstanding section 7 of the Act respecting health services and social services (chapter S-5), where the director is informed of the situation of a child who is the victim of sexual abuse or subject to physical ill-treatment or whose physical health is threatened by the lack of appropriate care, he may examine the record kept on the child in any establishment. At his request, the establishment shall provide him with a copy of the record.
1977, c. 20, s. 36; 1984, c. 4, s. 16.
36. Every person who refuses to answer a person investigating by virtue of section 35, hinders his work, misleads him or attempts to do so, is guilty of an offence.
1977, c. 20, s. 36.