p-34.1, r. 6 - Regulation respecting conditions applicable to the use of certain supervision measures

Updated to 1 September 2012

This document has official status.

chapter P-34.1, r. 6

Regulation respecting the conditions of placement in an intensive supervision unit

Youth Protection Act

(chapter P-34.1, s. 132).

1. The decision of the executive director of an institution or the person the executive director authorizes in writing concerning placement in an intensive supervision unit must be in writing and give reasons. The decision must be based on an assessment of the child that shows a serious risk that the child represents a danger to himself or herself or to others.

The assessment must be made with recognized clinical tools and consider

(1)  the gravity, intensity, level of dangerousness and recurrence of the child’s behaviour;

(2)  the child’s characteristics;

(3)  the child’s background and the overall progress of the rehabilitation process; and

(4)  the analysis of alternatives to such a placement.

O.C. 899-2007, s. 1.

2. A child placed in an intensive supervision unit must receive sustained and personalized clinical support in addition to rehabilitation services and activities including schooling.

The intervention plan developed for the child must take the situation into account.

O.C. 899-2007, s. 2.

3. The executive director of the institution or the person the executive director authorizes in writing must review the child’s situation as soon as the child’s clinical situation so requires to ensure that the placement in the intensive supervision unit is still warranted.

The child cannot be maintained in the intensive supervision unit for a period exceeding 1 month without the advisability of doing so being reassessed.

O.C. 899-2007, s. 3.

4. The board of directors of every institution operating a rehabilitation centre must adopt a protocol for placement in an intensive supervision unit in its facilities in accordance with this Regulation.

The protocol must contain

(1)  a statement of the legal framework;

(2)  the guidelines and clinical and administrative processes; and

(3)  the required and recognized clinical tools, including the intensive supervision program orientation profile.

The executive director of the institution or the person the executive director authorizes must ensure that the protocol is complied with.

O.C. 899-2007, s. 4.

5. The child and the child’s parents must be informed of the reasons justifying the decision to place the child in an intensive supervision unit and the available remedies, including before the tribunal, in relation to that decision.

O.C. 899-2007, s. 5.

6. The executive director of the institution or the person the executive director authorizes in writing must report to the board of directors every 6 months, or at the request of the board of directors, on the situations in which the executive director authorized placement in an intensive supervision unit.

O.C. 899-2007, s. 6.

7. Unless authorized by the director of youth protection, no child under 14 years of age may be placed in an intensive supervision unit.

O.C. 899-2007, s. 7.

8. (Omitted).

O.C. 899-2007, s. 8.

REFERENCES

O.C. 899-2007, 2007 G.O. 2, 2879