P-34.1, r. 8 - Regulation respecting the review of the situation of a child

Updated to 1 July 2024

This document has official status.

chapter P-34.1, r. 8

Regulation respecting the review of the situation of a child

Youth Protection Act

(chapter P-34.1, s. 132).

DIVISION I REVIEW UNDER SECTION 57 OF THE ACT

1. The director must review the situation of a child on the expiry of an agreement on voluntary measures or an order.

Despite the foregoing, the director must review the situation of a child

(1)  every 12 months, if an order is longer than 12 months;

(2)  every 6 months, if an agreement on voluntary measures or an order is longer than 6 months and the child entrusted to an alternative living environment is 5 years of age or under; or

(3)  every 6 months, in the first 2 years of foster care, if an agreement on voluntary measures or an order is longer than 6 months and the child entrusted to an alternative living environment is from 6 to 12 years of age.

In addition, the director may review the situation of a child at any time if new facts so warrant.

O.C. 639-2007, s. 1; S.Q. 2017, c. 18, s. 112.

2. To allow the director to review the situation of a child, the worker responsible for the application of the protective measure must report to the director in writing on the situation of the child.

The report must be made 4 weeks before the expiry date of the agreement on voluntary measures or the order, or 4 weeks before the expiry of the time periods referred to in subparagraphs 1 to 3 of the second paragraph of section 1.

The director may, however, require the report earlier if new facts arise or the agreement on voluntary measures or the order covers a period of less than 3 months.

O.C. 639-2007, s. 2.

3. The report must contain

(1)  the initial reasons for intervention and the duration of the taking in charge by the director;

(2)  the objectives and the protective and rehabilitative measures envisaged at the time of taking charge of the situation of the child that are described in the agreement on voluntary measures or the order;

(3)  a list of the principal interventions undertaken within the framework of the agreement on voluntary measures or the order;

(4)  a concise assessment of

(a)  child and parental functioning;

(b)  the child’s current relationship with the parents;

(c)  the frequency of the child’s contacts with the parents and the nature of their relationship if the child has been entrusted to the care of a person, foster family, rehabilitation centre or hospital centre;

(d)  the perception and assessment of the situation by the parents and the child;

(e)  the perception and assessment of the situation by a person who has daily contacts with the child, if the child has been entrusted to the care of a rehabilitation centre; and

(f)  the perception and assessment of the situation by the foster family or by the person to whom the child has been entrusted;

(5)  an opinion of the worker in charge on the reasons as to whether an intervention by the director should be continued;

(6)  an opinion of the worker in charge on the future directing of the child in reference to priority measures; and

(7)  an opinion of the worker in charge as to whether the child should remain with or be returned to the family or if that latter option is not possible, on the other measures that would be most appropriate to ensure continuity of care, stable relationships and stable living conditions on a permanent basis.

O.C. 639-2007, s. 3; S.Q. 2017, c. 18, s. 113.

DIVISION II REVIEW UNDER SECTION 57.1 OF THE ACT

4. For the purposes of this Division, an institution must notify the director each time a child is in the situation referred to in section 57.1 of the Youth Protection Act (chapter P-34.1).

O.C. 639-2007, s. 4.

5. The director must review the situation of a child after being notified by an institution and every 12 months in the subsequent 2 years.

The director is to review the situation of a child on the date determined at the last review.

The director may, however, review the situation of a child at any time if new facts so warrant.

O.C. 639-2007, s. 5.

6. To allow the director to review the situation of a child referred to in section 57.1 of the Act, the worker responsible for the child’s follow-up must report to the director in writing on the situation of the child.

The report must be at the time of the first notice and thereafter 4 weeks before the date set for the next review.

The director may, however, require the report earlier if new facts arise.

O.C. 639-2007, s. 6.

7. The report must contain the information required by section 3, with the necessary modifications.

O.C. 639-2007, s. 7.

8. This Regulation replaces the Regulation respecting the review of the situation of a child (O.C. 2199-85, 85-10-23).

O.C. 639-2007, s. 8.

9. (Omitted).

O.C. 639-2007, s. 9.

REFERENCES

O.C. 639-2007, 2007 G.O. 2, 2427

S.Q. 2017, c. 18, ss. 112 and 113