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P-34.1 - Youth Protection Act

Section 46
Disposition versions

Full text
46. If the director accepts the report, he may take immediate protective measures to ensure the security of the child for a maximum period of 48 hours even before making an assessment to determine if the security or development of the child is in danger in accordance with section 49.
If the circumstances warrant it, the director may also take immediate protective measures for a maximum period of 48 hours at any point during the intervention, whether or not a new report has been made.
As far as possible, the child and the child’s parents must be consulted with respect to the application of immediate protective measures.
The director may apply the following, as immediate protective measures:
(a)  immediate removal of the child from his present environment;
(b)  entrusting the child to an institution operating a rehabilitation centre or a hospital centre, to one of the child’s parents, to a person who is important to the child, in particular a grandparent or another member of the extended family, to a foster family, to an appropriate body or to any other person without delay;
(c)  (subparagraph repealed);
(d)  restricting contact between the child and his parents;
(e)  prohibiting the child from contacting certain persons designated by the director, or prohibiting those persons from contacting the child;
(e.1)  prohibiting the disclosure of specific information to one or both of the parents or any other person designated by the director;
(f)  requiring a person to ensure that the child and his parents comply with the conditions imposed on them and to inform the director if the conditions are not complied with;
(g)  applying any other measure he considers necessary in the interest of the child.
Where it is decided to entrust the child to an institution referred to in subparagraph b of the fourth paragraph, the director shall specify whether or not foster care is included in the measure. The designated institution is bound to receive the child.
1977, c. 20, s. 46; 1981, c. 2, s. 11; 1984, c. 4, s. 22; 1992, c. 21, s. 222; 1994, c. 35, s. 26; 2006, c. 34, s. 22; 2016, c. 12, s. 40.
46. If the director accepts the report, he may take immediate protective measures to ensure the security of the child for a maximum period of 48 hours even before making an assessment to determine if the security or development of the child is in danger in accordance with section 49.
If the circumstances warrant it, the director may also take immediate protective measures for a maximum period of 48 hours at any point during the intervention, whether or not a new report has been made.
As far as possible, the child and the child’s parents must be consulted with respect to the application of immediate protective measures.
The director may apply the following, as immediate protective measures:
(a)  immediate removal of the child from his present environment;
(b)  entrusting the child to an institution operating a rehabilitation centre or a hospital centre, to one of the child’s parents, to a person who is important to the child, in particular a grandparent or another member of the extended family, to a foster family, to an appropriate body or to any other person without delay;
(c)  (subparagraph repealed);
(d)  restricting contact between the child and his parents;
(e)  prohibiting the child from contacting certain persons designated by the director, or prohibiting those persons from contacting the child;
(f)  requiring a person to ensure that the child and his parents comply with the conditions imposed on them and to inform the director if the conditions are not complied with;
(g)  applying any other measure he considers necessary in the interest of the child.
Where it is decided to entrust the child to an institution referred to in subparagraph b of the fourth paragraph, the director shall specify whether or not foster care is included in the measure. The designated institution is bound to receive the child.
1977, c. 20, s. 46; 1981, c. 2, s. 11; 1984, c. 4, s. 22; 1992, c. 21, s. 222; 1994, c. 35, s. 26; 2006, c. 34, s. 22.
46. The director may apply the following, as urgent measures:
(a)  immediate removal of the child from his present environment;
(b)  entrusting the child to an institution operating a rehabilitation centre or a hospital centre, to a foster family, to an appropriate body or to any other person without delay;
(c)  (subparagraph repealed).
Where it is decided to entrust the child to an institution referred to in subparagraph b of the first paragraph, the director shall specify whether or not foster care is included in the measure. The designated institution is bound to receive the child.
1977, c. 20, s. 46; 1981, c. 2, s. 11; 1984, c. 4, s. 22; 1992, c. 21, s. 222; 1994, c. 35, s. 26.
46. The director may apply the following measures provisionally:
(a)  immediate removal of the child from his present environment;
(b)  entrusting the child to an institution operating a rehabilitation centre, a reception centre or a hospital centre, to a foster family, to an appropriate body or to any other person without delay;
(c)  (subparagraph repealed).
Where it is decided to entrust the child to an institution referred to in subparagraph b of the first paragraph, the director shall specify whether or not foster care is included in the measure. The designated institution is bound to receive the child.
1977, c. 20, s. 46; 1981, c. 2, s. 11; 1984, c. 4, s. 22; 1992, c. 21, s. 222.
46. The director may apply the following measures provisionally:
(a)  immediate removal of the child from his present environment;
(b)  entrusting the child to a reception centre, a foster family, a hospital centre, an appropriate body or any other person without delay;
(c)  (subparagraph repealed).
In force: 1984-04-16
Where it is decided to entrust the child to a reception centre or hospital centre, the director shall specify whether or not foster care is included in the measure. The designated reception centre or hospital centre is bound to receive the child.
1977, c. 20, s. 46; 1981, c. 2, s. 11; 1984, c. 4, s. 22.
46. The director may apply the following measures provisionally:
(a)  immediate removal of the child from his present environment;
(b)  entrusting the child to a reception centre, a foster family, a hospital centre, an appropriate body or any other person without delay;
(c)  placing of the child fourteen years of age or over in a security unit if he has reasonable cause to believe that the child is guilty of an offence against any act or regulation in force in Québec and that such placing appears necessary because of the danger that the child represents or because there are strong presumptions that he will attempt to elude the application of the law.
1977, c. 20, s. 46; 1981, c. 2, s. 11.
46. The director may apply the following measures provisionally:
(a)  immediate removal of the child from his present environment;
(b)  entrusting of the child to a reception centre, a foster family, a hospital centre or an appropriate body without delay;
(c)  placing of the child fourteen years of age or over in a security unit if he has reasonable cause to believe that the child is guilty of an offence against any act or regulation in force in Québec and that such placing appears necessary because of the danger that the child represents or because there are strong presumptions that he will attempt to elude the application of the law.
1977, c. 20, s. 46.
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