P-34.1 - Youth Protection Act

Section 35.4 Disposition versions

2023-04-26

35.4. A person referred to in section 35.1 may require an institution, body or professional to disclose to him information concerning the child, either of the child’s parents or another person involved in a report if any of the following conditions is met:

(a)  such information reveals or confirms the existence of a situation related to the grounds alleged by the director to the effect that the security or development of the child is in danger, the knowledge of which could justify, as applicable,

(1)  accepting the report for evaluation,

(2)  deciding whether the security or development of the child is in danger or remains so, or

(3)  deciding as to the directing of the child, or

(b)  such information makes it possible to confirm or deny the existence of a situation related to new events that have occurred since the decision on the child’s security or development being in danger was made, the knowledge of which could make it possible to review the child’s situation.

A person referred to in section 35.1 may also,

(a)  if the person considers it necessary to ensure the protection of a child with regard to whom that person has accepted a report, enter, at any reasonable time or at any time during an emergency, a facility maintained by an institution or premises kept by a body or in which a professional practises their profession to examine on-site the record of the child and make copies of it;

(b)  if so authorized by the tribunal, examine on-site, in a facility maintained by an institution or in premises kept by a body or in which a professional practises their profession, the record of a parent or of another person involved in a report that is necessary to ensure the protection of a child; and

(c)  require from a person who has knowledge of any information or record referred to in this section the explanations needed to understand that information or the information contained in the record.

Any person having custody, possession or control of a record or knowledge of information referred to in this section shall make them available to the person referred to in section 35.1 and facilitate that person’s examination of the record or information.

The first, second and third paragraphs apply even to persons who are bound by professional secrecy, except advocates and notaries.

2006, c. 34, s. 11; 2022, c. 11, s. 20.

2007-07-09

35.4. Notwithstanding section 19 of the Act respecting health services and social services (chapter S-4.2), at the request of the director or a person acting under section 32 of this Act, an institution must disclose information contained in the record of the child, either of the child’s parents or a person implicated in a report, if the information contained in the record reveals or confirms a situation related to the grounds alleged by the director which could justify accepting the report for evaluation or make it possible to decide whether the security or development of the child is in danger.

2006, c. 34, s. 11.