P-34.1 - Youth Protection Act

Section 32 Disposition versions

2023-04-26

32. The director and the members of his staff authorized by him for that purpose have the following exclusive duties:

(a)  to receive reports regarding children, analyze them briefly and decide whether they must be evaluated further;

(b)  to assess a child’s situation and living conditions and decide whether the child’s security or development is in danger;

(c)  to decide on the direction of a child;

(d)  to review the situation of a child;

(e)  to put an end to the intervention if a child’s security or development is not or is no longer in danger;

(f)  to exercise tutorship or, in the cases provided for in this Act, apply to the tribunal for the appointment or replacement of a tutor;

(g)  to receive the general consents required for adoption and the consents referred to in section 3 of the Act to implement the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (chapter M-35.1.3);

(h)  to apply to the tribunal for a declaration of eligibility for adoption;

(h.1)  to give the authority that is competent to issue an Aboriginal customary tutorship or adoption certificate the opinion required under section 131.18;

(i)  to decide to file an application for an order for the disclosure of information under the second paragraph of section 72.5.

Despite the first paragraph, the director may, if the director considers that the situation warrants it, authorize, in writing and to the extent the director specifies, a person who is not a member of the director’s staff to assess a child’s situation and living conditions as provided for in subparagraph b of the first paragraph if the person is

(a)  a member of the personnel of an institution operating a child and youth protection centre; or

(b)  a member of the personnel of an institution operating a rehabilitation centre for young persons with adjustment problems;

(c)  (subparagraph repealed).

Authorization granted to a person who is not a member of the director’s staff is valid only for the purposes of the assessment and not for the purpose of deciding whether the child’s security or development is in danger. The director may withdraw the authorization at any time.

Where the decision on the directing of the child involves the application of an agreement on a short-term intervention or on voluntary measures, the director may decide personally to reach an agreement on such measures with only one of the parents to the extent that the conditions set out in the second paragraph of section 52.1 are met.

1977, c. 20, s. 32; 1984, c. 4, s. 15; 1988, c. 21, s. 119; 1989, c. 53, s. 11; 1994, c. 35, s. 19; 2006, c. 34, s. 10; 2009, c. 45, s. 8; 2017, c. 12, s. 56; 2017, c. 18, s. 14; 2022, c. 11, s. 19.

2022-04-26

32. The director and the members of his staff authorized by him for that purpose have the following exclusive duties:

(a)  to receive reports regarding children, analyze them briefly and decide whether they must be evaluated further;

(b)  to assess a child’s situation and living conditions and decide whether the child’s security or development is in danger;

(c)  to decide on the direction of a child;

(d)  to review the situation of a child;

(e)  to put an end to the intervention if a child’s security or development is not or is no longer in danger;

(f)  to exercise tutorship or, in the cases provided for in this Act, apply to the tribunal for the appointment or replacement of a tutor;

(g)  to receive the general consents required for adoption and the consents referred to in section 3 of the Act to implement the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (chapter M-35.1.3);

(h)  to apply to the tribunal for a declaration of eligibility for adoption;

(h.1)  to give the authority that is competent to issue an Aboriginal customary tutorship or adoption certificate the opinion required under section 131.18;

(i)  to decide to file an application for an order for the disclosure of information under the second paragraph of section 72.5 or to disclose information under the second or third paragraph of section 72.6 or under section 72.7.

Despite the first paragraph, the director may, if the director considers that the situation warrants it, authorize, in writing and to the extent the director specifies, a person who is not a member of the director’s staff to assess a child’s situation and living conditions as provided for in subparagraph b of the first paragraph if the person is

(a)  a member of the personnel of an institution operating a child and youth protection centre; or

(b)  a member of the personnel of an institution operating a rehabilitation centre for young persons with adjustment problems;

(c)  (subparagraph repealed).

Authorization granted to a person who is not a member of the director’s staff is valid only for the purposes of the assessment and not for the purpose of deciding whether the child’s security or development is in danger. The director may withdraw the authorization at any time.

Where the decision on the directing of the child involves the application of an agreement on a short-term intervention or on voluntary measures, the director may decide personally to reach an agreement on such measures with only one of the parents to the extent that the conditions set out in the second paragraph of section 52.1 are met.

1977, c. 20, s. 32; 1984, c. 4, s. 15; 1988, c. 21, s. 119; 1989, c. 53, s. 11; 1994, c. 35, s. 19; 2006, c. 34, s. 10; 2009, c. 45, s. 8; 2017, c. 12, s. 56; 2017, c. 18, s. 14; 2022, c. 11, s. 19.

2019-01-28

32. The director and the members of his staff authorized by him for that purpose have the following exclusive duties:

(a)  to receive reports regarding children, analyze them briefly and decide whether they must be evaluated further;

(b)  to assess a child’s situation and living conditions and decide whether the child’s security or development is in danger;

(c)  to decide on the direction of a child;

(d)  to review the situation of a child;

(e)  to put an end to the intervention if a child’s security or development is not or is no longer in danger;

(f)  to exercise tutorship or, in the cases provided for in this Act, apply to the tribunal for the appointment or replacement of a tutor;

(g)  to receive the general consents required for adoption and the consents referred to in section 3 of the Act to implement the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (chapter M-35.1.3);

(h)  to apply to the tribunal for a declaration of eligibility for adoption;

(h.1)  to give the authority that is competent to issue an Aboriginal customary tutorship or adoption certificate the opinion required under section 71.3.2;

(i)  to decide to file an application for an order for the disclosure of information under the second paragraph of section 72.5 or to disclose information under the second or third paragraph of section 72.6 or under section 72.7.

Despite the first paragraph, the director may, if the director considers that the situation warrants it, authorize, in writing and to the extent the director specifies, a person who is not a member of the director’s staff to assess a child’s situation and living conditions as provided for in subparagraph b of the first paragraph if the person is

(a)  a member of the personnel of an institution operating a child and youth protection centre; or

(b)  a member of the personnel of an institution operating a rehabilitation centre for young persons with adjustment problems;

(c)  (subparagraph repealed).

Authorization granted to a person who is not a member of the director’s staff is valid only for the purposes of the assessment and not for the purpose of deciding whether the child’s security or development is in danger. The director may withdraw the authorization at any time.

Where the decision on the directing of the child involves the application of an agreement on a short-term intervention or on voluntary measures, the director may decide personally to reach an agreement on such measures with only one of the parents to the extent that the conditions set out in the second paragraph of section 52.1 are met.

1977, c. 20, s. 32; 1984, c. 4, s. 15; 1988, c. 21, s. 119; 1989, c. 53, s. 11; 1994, c. 35, s. 19; 2006, c. 34, s. 10; 2009, c. 45, s. 8; 2017, c. 12, s. 56; 2017, c. 18, s. 14.

2018-06-16

32. The director and the members of his staff authorized by him for that purpose have the following exclusive duties:

(a)  to receive reports regarding children, analyze them briefly and decide whether they must be evaluated further;

(b)  to assess a child’s situation and living conditions and decide whether the child’s security or development is in danger;

(c)  to decide on the direction of a child;

(d)  to review the situation of a child;

(e)  to put an end to the intervention if a child’s security or development is not or is no longer in danger;

(f)  to exercise tutorship or, in the cases provided for in this Act, apply to the tribunal for the appointment or replacement of a tutor;

(g)  to receive the general consents required for adoption and the consents referred to in section 3 of the Act to implement the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (chapter M-35.1.3);

(h)  to apply to the tribunal for a declaration of eligibility for adoption;

(h.1)  to give the authority that is competent to issue an Aboriginal customary tutorship or adoption certificate the opinion required under section 71.3.2;

(i)  to decide to file an application for an order for the disclosure of information under the second paragraph of section 72.5 or to disclose information under the second or third paragraph of section 72.6 or under section 72.7.

Despite the first paragraph, the director may, if the director considers that the situation warrants it, authorize, in writing and to the extent the director specifies, a person who is not a member of the director’s staff to assess a child’s situation and living conditions as provided for in subparagraph b of the first paragraph if the person is

(a)  a member of the personnel of an institution operating a child and youth protection centre;

(b)  a member of the personnel of an institution operating a rehabilitation centre for young persons with adjustment problems; or

(c)  a member of a Native community designated by the director within the scope of an agreement between an institution operating a child and youth protection centre and the Native community.

Authorization granted to a person who is not a member of the director’s staff is valid only for the purposes of the assessment and not for the purpose of deciding whether the child’s security or development is in danger. The director may withdraw the authorization at any time.

Where a decision regarding the directing of a child involves the application of voluntary measures, the director may decide personally to reach an agreement on the voluntary measures with only one of the parents in accordance with the second paragraph of section 52.1.

1977, c. 20, s. 32; 1984, c. 4, s. 15; 1988, c. 21, s. 119; 1989, c. 53, s. 11; 1994, c. 35, s. 19; 2006, c. 34, s. 10; 2009, c. 45, s. 8; 2017, c. 12, s. 56.

2017-06-16

32. The director and the members of his staff authorized by him for that purpose have the following exclusive duties:

(a)  to receive reports regarding children, analyze them briefly and decide whether they must be evaluated further;

(b)  to assess a child’s situation and living conditions and decide whether the child’s security or development is in danger;

(c)  to decide on the direction of a child;

(d)  to review the situation of a child;

(e)  to put an end to the intervention if a child’s security or development is not or is no longer in danger;

(f)  to exercise tutorship or, in the cases provided for in this Act, apply to the tribunal for the appointment or replacement of a tutor;

(g)  to receive the general consents required for adoption and the consents referred to in section 3 of the Act to implement the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (chapter M-35.1.3);

(h)  to apply to the tribunal for a declaration of eligibility for adoption;

(i)  to decide to file an application for an order for the disclosure of information under the second paragraph of section 72.5 or to disclose information under the second or third paragraph of section 72.6 or under section 72.7.

Despite the first paragraph, the director may, if the director considers that the situation warrants it, authorize, in writing and to the extent the director specifies, a person who is not a member of the director’s staff to assess a child’s situation and living conditions as provided for in subparagraph b of the first paragraph if the person is

(a)  a member of the personnel of an institution operating a child and youth protection centre;

(b)  a member of the personnel of an institution operating a rehabilitation centre for young persons with adjustment problems; or

(c)  a member of a Native community designated by the director within the scope of an agreement between an institution operating a child and youth protection centre and the Native community.

Authorization granted to a person who is not a member of the director’s staff is valid only for the purposes of the assessment and not for the purpose of deciding whether the child’s security or development is in danger. The director may withdraw the authorization at any time.

Where a decision regarding the directing of a child involves the application of voluntary measures, the director may decide personally to reach an agreement on the voluntary measures with only one of the parents in accordance with the second paragraph of section 52.1.

1977, c. 20, s. 32; 1984, c. 4, s. 15; 1988, c. 21, s. 119; 1989, c. 53, s. 11; 1994, c. 35, s. 19; 2006, c. 34, s. 10; 2009, c. 45, s. 8; 2017, c. 12, s. 56.

2009-11-19

32. The director and the members of his staff authorized by him for that purpose have the following exclusive duties:

(a)  to receive reports regarding children, analyze them briefly and decide whether they must be evaluated further;

(b)  to assess a child’s situation and living conditions and decide whether the child’s security or development is in danger;

(c)  to decide on the direction of a child;

(d)  to review the situation of a child;

(e)  to put an end to the intervention if a child’s security or development is not or is no longer in danger;

(f)  to exercise tutorship or, in the cases provided for in this Act, apply to the tribunal for the appointment or replacement of a tutor;

(g)  to receive the general consents required for adoption;

(h)  to apply to the tribunal for a declaration of eligibility for adoption;

(i)  to decide to file an application for an order for the disclosure of information under the second paragraph of section 72.5 or to disclose information under the second or third paragraph of section 72.6 or under section 72.7.

Despite the first paragraph, the director may, if the director considers that the situation warrants it, authorize, in writing and to the extent the director specifies, a person who is not a member of the director’s staff to assess a child’s situation and living conditions as provided for in subparagraph b of the first paragraph if the person is

(a)  a member of the personnel of an institution operating a child and youth protection centre;

(b)  a member of the personnel of an institution operating a rehabilitation centre for young persons with adjustment problems; or

(c)  a member of a Native community designated by the director within the scope of an agreement between an institution operating a child and youth protection centre and the Native community.

Authorization granted to a person who is not a member of the director’s staff is valid only for the purposes of the assessment and not for the purpose of deciding whether the child’s security or development is in danger. The director may withdraw the authorization at any time.

Where a decision regarding the directing of a child involves the application of voluntary measures, the director may decide personally to reach an agreement on the voluntary measures with only one of the parents in accordance with the second paragraph of section 52.1.

1977, c. 20, s. 32; 1984, c. 4, s. 15; 1988, c. 21, s. 119; 1989, c. 53, s. 11; 1994, c. 35, s. 19; 2006, c. 34, s. 10; 2009, c. 45, s. 8.

2008-07-07

32. The director and the members of his staff authorized by him for that purpose have the following exclusive duties:

(a)  to receive reports regarding children, analyze them briefly and decide whether they must be evaluated further;

(b)  to assess a child’s situation and living conditions and decide whether the child’s security or development is in danger;

(c)  to decide on the direction of a child;

(d)  to review the situation of a child;

(e)  to put an end to the intervention if a child’s security or development is not or is no longer in danger;

(f)  to exercise tutorship or, in the cases provided for in this Act, apply to the tribunal for the appointment or replacement of a tutor;

(g)  to receive the general consents required for adoption;

(h)  to apply to the tribunal for a declaration of eligibility for adoption;

(i)  to decide to file an application for an order for the disclosure of information under the second paragraph of section 72.5 or to disclose information under the second or third paragraph of section 72.6 or under section 72.7.

Where a decision regarding the directing of a child involves the application of voluntary measures, the director may decide personally to reach an agreement on the voluntary measures with only one of the parents in accordance with the second paragraph of section 52.1.

1977, c. 20, s. 32; 1984, c. 4, s. 15; 1988, c. 21, s. 119; 1989, c. 53, s. 11; 1994, c. 35, s. 19; 2006, c. 34, s. 10.

2007-07-09

32. The director and the members of his staff authorized by him for that purpose have the following exclusive duties:

(a)  to receive reports regarding children, analyze them briefly and decide whether they must be evaluated further;

(b)  to assess a child’s situation and living conditions and decide whether the child’s security or development is in danger;

(c)  to decide on the direction of a child;

(d)  to review the situation of a child;

(e)  to put an end to the intervention if a child’s security or development is not or is no longer in danger;

(f)  to exercise tutorship;

(g)  to receive the general consents required for adoption;

(h)  to apply to the tribunal for a declaration of eligibility for adoption;

(i)  to decide to file an application for an order for the disclosure of information under the second paragraph of section 72.5 or to disclose information under the second or third paragraph of section 72.6 or under section 72.7.

Where a decision regarding the directing of a child involves the application of voluntary measures, the director may decide personally to reach an agreement on the voluntary measures with only one of the parents in accordance with the second paragraph of section 52.1.

1977, c. 20, s. 32; 1984, c. 4, s. 15; 1988, c. 21, s. 119; 1989, c. 53, s. 11; 1994, c. 35, s. 19; 2006, c. 34, s. 10.

1994-09-01

32. The director and the members of his staff authorized by him for that purpose have the following exclusive duties:

(a)  to determine the admissibility of the information regarding the situation of a child whose security or development is or may be considered to be in danger;

(b)  to decide whether or not the security or the development of a child is in danger;

(c)  to decide on the direction of a child;

(d)  to review the situation of a child;

(e)  to decide to close the record;

(f)  to exercise tutorship;

(g)  to receive the general consents required for adoption;

(h)  to apply to the tribunal for a declaration of eligibility for adoption;

(i)  to decide to file an application for an order for the disclosure of information under the second paragraph of section 72.5 or to disclose information under the second paragraph of section 72.6 or under section 72.7.

Where a decision regarding the directing of a child involves the application of voluntary measures, the director may decide personally to reach an agreement on the voluntary measures with only one of the parents in accordance with the second paragraph of section 52.1.

1977, c. 20, s. 32; 1984, c. 4, s. 15; 1988, c. 21, s. 119; 1989, c. 53, s. 11; 1994, c. 35, s. 19.

1989-10-01

32. The director and the members of his staff authorized by him for that purpose have the following exclusive duties:

(a)  to determine the admissibility of the information regarding the situation of a child whose security or development is or may be considered to be in danger;

(b)  to decide whether or not the security or the development of a child is in danger;

(c)  to decide on the direction of a child;

(d)  to review the situation of a child;

(e)  to decide to close the record;

(f)  to exercise the tutorship conferred by the Superior Court;

(g)  to receive the general consents required for adoption;

(h)  to apply to the tribunal for a judicial declaration of eligibility for adoption.

1977, c. 20, s. 32; 1984, c. 4, s. 15; 1988, c. 21, s. 119; 1989, c. 53, s. 11.

1988-08-31

32. The director and the members of his staff authorized by him for that purpose have the following exclusive duties:

(a)  to determine the admissibility of the information regarding the situation of a child whose security or development is or may be considered to be in danger;

(b)  to decide whether or not the security or the development of a child is in danger;

(c)  to decide on the direction of a child;

(d)  to review the situation of a child;

(e)  to decide to close the record;

(f)  to exercise the tutorship conferred by the Superior Court;

(g)  to receive the general consents required for adoption;

(h)  to apply to the Court of Québec for a judicial declaration of eligibility for adoption.

1977, c. 20, s. 32; 1984, c. 4, s. 15; 1988, c. 21, s. 119.

1984-04-04

32. The director and the members of his staff authorized by him for that purpose have the following exclusive duties:

(a)  to determine the admissibility of the information regarding the situation of a child whose security or development is or may be considered to be in danger;

(b)  to decide whether or not the security or the development of a child is in danger;

(c)  to decide on the direction of a child;

(d)  to review the situation of a child;

(e)  to decide to close the record;

(f)  to exercise the tutorship conferred by the Superior Court;

(g)  to receive the general consents required for adoption;

(h)  to apply to the Court for a judicial declaration of eligibility for adoption.

1977, c. 20, s. 32; 1984, c. 4, s. 15.

1979-01-15

32. The director may in writing delegate a person, establishment or body to discharge, in whole or in part, the duties entrusted to him under this act.

1977, c. 20, s. 32.