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

Updated to 28 January 2019

This document has official status.

chapter P-34.1, r. 6

Regulation respecting conditions applicable to the use of certain supervision measures

Youth Protection Act

(chapter P-34.1, s. 132).

O.C. 899-2007; S.Q. 2017, c. 18, s. 103.

DIVISION I CONDITIONS APPLICABLE TO PLACEMENT IN AN INTENSIVE SUPERVISION UNIT

S.Q. 2017, c. 18, s. 104.

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’s situation 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 characteristics of the child and of his or her environment;

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

(4)  the analysis of alternatives to such a placement; and

(5)  the child’s participation in his or her rehabilitation process.

O.C. 899-2007, s. 1; S.Q. 2017, c. 18, s. 105.

2. A child placed in an intensive supervision unit must receive rehabilitation services as well as services to ensure he or she receives schooling. Clinical support for the child must be sustained and personalized.

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

O.C. 899-2007, s. 2; S.Q. 2017, c. 18, s. 106.

3. The executive director of the institution or the person the executive director authorizes in writing must reassess 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; S.Q. 2017, c. 18, s. 107.

3.1. If, during reassessment of the child’s situation, the executive director of the institution or the person the executive director authorizes in writing allows a child to carry out activities outside the intensive supervision unit during a transition period, that period may not exceed 5 consecutive days and the activities during that period are limited to 12 consecutive hours. The activities must, among other things, allow the child to test his or her progress in a less supervised environment than that of the intensive supervision unit and must facilitate his or her integration into or return to an open rehabilitation unit.

S.Q. 2017, c. 18, s. 108.

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 3 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.

The report must include, for the period concerned,

(1)  the number of placements in an intensive supervision unit;

(2)  the number of children who have been the subject of such a measure, broken down by age and gender;

(3)  the percentage of children placed in the institution’s facilities who have been the subject of such a measure;

(4)  the average number of placements in this type of unit per child who has been the subject of such a measure; and

(5)  the average length of placement in this type of unit.

O.C. 899-2007, s. 6; S.Q. 2017, c. 18, s. 109.

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.

DIVISION II CONDITIONS APPLICABLE TO THE USE OF MEASURES INTENDED TO PREVENT A CHILD FROM LEAVING THE FACILITIES MAINTAINED BY THE INSTITUTION

S.Q. 2017, c. 18, s. 110.

7.1. The decision of the executive director of an institution or the person the executive director authorizes in writing to use a measure intended to prevent a child from leaving the facilities maintained by the institution must be in writing and give reasons. The decision must be based on an assessment of the child’s situation that shows there is reasonable cause to believe that the child is at risk of running away and thus placing himself or herself or others in danger, without the child’s situation warranting placement in an intensive supervision unit.

The assessment must be made with the same recognized clinical tools as those used to assess the situation of the child before placement in an intensive supervision unit.

S.Q. 2017, c. 18, s. 110.

7.2. If a child is the subject of a measure intended to prevent him or her from leaving the facilities maintained by the institution, the child must receive rehabilitation services and services to ensure he or she receives schooling. Clinical support for the child must be adapted to the child’s needs.

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

S.Q. 2017, c. 18, s. 110.

7.3. The executive director of the institution or the person the executive director authorizes in writing must reassess the child’s situation as soon as the child’s clinical situation so requires to ensure that the use of the measure intended to prevent him or her from leaving the facilities maintained by the institution is still warranted or that the child’s situation does not warrant placement in an intensive supervision unit.

The child may not be the subject of such a measure for a period exceeding 7 days without the measure’s advisability being reassessed.

S.Q. 2017, c. 18, s. 110.

7.4. Sections 4, 5 and 6 apply, with the necessary modifications, to this division.

S.Q. 2017, c. 18, s. 110.

8. (Omitted).

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

REFERENCES

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

S.Q. 2017, c. 18, ss. 103 to 110