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P-34.1 - Youth Protection Act
Section 11.1.2
Disposition versions
11.1.2. If the child is placed in an open rehabilitation unit in an institution operating a rehabilitation centre following an immediate protection measure or an order issued by the tribunal under this Act, and there is reasonable cause to believe that the child is at risk of running away and thus placing himself or others in danger, without the child’s situation warranting placement in an intensive supervision unit, the child may be the subject of a measure intended to prevent him from leaving the facilities maintained by the institution.
The measure intended to prevent the child from leaving the facilities maintained by the institution must be aimed at ensuring the safety of the child, 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. It must also be aimed at helping maintain the child in the open rehabilitation unit in which he has been placed.
Such a measure may be used 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 measure, 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.
The measure must end as soon as the risk of the child running away and thus placing himself in danger no longer exists and the situation warranting the measure is not likely to recur in the short term. It must also end if the child’s situation, after reassessment, warrants placement in an intensive supervision unit. In the case of an immediate protective measure, the placement may not exceed the period prescribed in section 46.
