P-34.1 - Youth Protection Act

Section 11.1.1 Disposition versions

2019-01-28

11.1.1. If a child is provided with foster care in compliance with an immediate protective measure or an order issued by the tribunal under this Act, and there is a serious risk that the child represents a danger to himself or to others, the child may be placed in an intensive supervision unit maintained by an institution operating a rehabilitation centre that allows close supervision of the child’s behaviour and movements due to its more restrictive layout and special living conditions.

Placement in such a unit must be aimed at ensuring the child’s safety, putting an end to the situation placing the child or others in danger and preventing the recurrence of such a situation in the short term.

Placement of the child in an intensive supervision unit may occur only following a decision by the executive director of the institution or the person the executive director authorizes in writing and must comply with the conditions prescribed by regulation. A detailed report on the placement, mentioning the grounds for it and its duration, must be entered in the child’s record. The information contained in the regulation must be given and explained to both the child, if he is able to understand it, and the child’s parents. The child or the parents may refer the executive director’s decision to the tribunal. Such an application is heard and decided by preference.

Where the child’s situation is being reassessed, the executive director or the person the executive director authorizes in writing may, during a transition period and if the child’s situation requires it, allow the child to engage in activities outside the intensive supervision unit, in accordance with the conditions prescribed by regulation, with a view to returning the child to an open rehabilitation unit.

Placement in an intensive supervision unit must end as soon as the serious risk of danger no longer exists and the situation warranting the measure is not likely to recur in the short term. In the case of an immediate protective measure, the placement may not exceed the period prescribed in section 46.

2006, c. 34, s. 8; I.N. 2016-01-01 (NCCP); 2017, c. 18, s. 7.

2016-01-01

11.1.1. If a child is provided with foster care in compliance with an immediate protective measure or an order issued by the tribunal under this Act, and there is a serious risk that the child represents a danger to himself or to others, the child may be placed in an intensive supervision unit maintained by an institution operating a rehabilitation centre that allows close supervision of the child’s behaviour and movements due to its more restrictive layout and special living conditions.

The placement must end as soon as the grounds for it no longer exist. In the case of an immediate protective measure, the placement may not exceed the period provided for in section 46.

The placement must be based on a decision of the executive director of the institution or the person the executive director authorizes in writing, and must respect the conditions prescribed by regulation; a detailed report of the placement must be entered in the child’s record, mentioning the grounds for it and the duration. The information contained in the regulation must be given and explained to both the child, if the child is able to understand it, and the child’s parents.

The child or the parents may refer the executive director’s decision to the tribunal. The application is heard and decided by preference.

2006, c. 34, s. 8; I.N. 2016-01-01 (NCCP).

2007-11-01

11.1.1. If a child is provided with foster care in compliance with an immediate protective measure or an order issued by the tribunal under this Act, and there is a serious risk that the child represents a danger to himself or to others, the child may be placed in an intensive supervision unit maintained by an institution operating a rehabilitation centre that allows close supervision of the child’s behaviour and movements due to its more restrictive layout and special living conditions.

The placement must end as soon as the grounds for it no longer exist. In the case of an immediate protective measure, the placement may not exceed the period provided for in section 46.

The placement must be based on a decision of the executive director of the institution or the person the executive director authorizes in writing, and must respect the conditions prescribed by regulation; a detailed report of the placement must be entered in the child’s record, mentioning the grounds for it and the duration. The information contained in the regulation must be given and explained to both the child, if the child is able to understand it, and the child’s parents.

The child or the parents may refer the executive director’s decision to the tribunal. The motion is heard and decided by preference.

2006, c. 34, s. 8.