Consolidated Statutes and Regulations Consolidated Statutes Consolidated Regulations Annual Statutes and Regulations Annual Statutes Annual Regulations Additional information Québec Official Publisher What’s new? Information note Policy of the Minister of Justice Laws: Amendments Laws: Provisions not in force Laws: Provisions brought into force Annual Statutes: PDF versions since 1996 Regulations: Amendments Annual Regulations: PDF versions since 1996 Court Decisions

P-34.1 - Youth Protection Act

Section 9
Disposition versions

Full text
9. Any child entrusted to an alternative living environment has the right to communicate in all confidentiality with his advocate, the director who has taken charge of his situation, the Commission, and the clerks of the tribunal.
The child may also communicate in all confidentiality with his parents, brothers, sisters and any other person, unless the tribunal decides otherwise. However, in the case of a child entrusted to an institution operating a rehabilitation centre or a hospital centre, the executive director of that institution or the person the executive director authorizes in writing may prevent the child from communicating with a person other than his parents, brothers and sisters if the executive director considers it to be in the interest of the child. The decision of the executive director must give reasons, be in writing and be given to the child and, as far as possible, to the child’s parents.
The child or his parents may refer any such decision of the executive director to the tribunal. Such an application is heard and decided by preference.
The tribunal shall confirm or quash the decision of the executive director. It may, in addition, order him to take certain measures relating to the right of the child to communicate in the future with the person who is the subject of the decision or with any other person.
1977, c. 20, s. 9; 1981, c. 2, s. 3; 1984, c. 4, s. 7; 1988, c. 21, s. 119; 1989, c. 53, s. 11, s. 12; 1992, c. 21, s. 212; 1994, c. 35, s. 8; 2006, c. 34, s. 6; I.N. 2016-01-01 (NCCP); 2017, c. 18, s. 5.
9. Any child placed in a foster family or by an institution which operates a rehabilitation centre or a hospital centre has the right to communicate in all confidentiality with his advocate, the director who has taken charge of his situations, the Commission and the judges and clerks of the tribunal.
He may also communicate in all confidentiality with his parents, brothers and sisters, unless the tribunal decides otherwise.
He may also communicate in all confidentiality with any other person unless the tribunal decides otherwise or the executive director of the institution operating the rehabilitation centre, the hospital centre or the person he authorizes in writing considers it to be in the best interests of the child to prevent him from communicating with that person. The decision of the executive director must give reasons, be rendered in writing and be given to the child and, whenever possible, to the child’s parents.
The child or his parents may refer to the tribunal any decision of the executive director preventing him from communicating with any person. The application is heard and decided by preference.
The tribunal shall confirm or quash the decision of the executive director. It may, in addition, order the executive director to take certain measures relating to the right of the child to communicate thenceforth with the person contemplated in the decision of the executive director or with any other person.
1977, c. 20, s. 9; 1981, c. 2, s. 3; 1984, c. 4, s. 7; 1988, c. 21, s. 119; 1989, c. 53, s. 11, s. 12; 1992, c. 21, s. 212; 1994, c. 35, s. 8; 2006, c. 34, s. 6; I.N. 2016-01-01 (NCCP).
9. Any child placed in a foster family or by an institution which operates a rehabilitation centre or a hospital centre has the right to communicate in all confidentiality with his advocate, the director who has taken charge of his situations, the Commission and the judges and clerks of the tribunal.
He may also communicate in all confidentiality with his parents, brothers and sisters, unless the tribunal decides otherwise.
He may also communicate in all confidentiality with any other person unless the tribunal decides otherwise or the executive director of the institution operating the rehabilitation centre, the hospital centre or the person he authorizes in writing considers it to be in the best interests of the child to prevent him from communicating with that person. The decision of the executive director must give reasons, be rendered in writing and be given to the child and, whenever possible, to the child’s parents.
The child or his parents may refer to the tribunal any decision of the executive director preventing him from communicating with any person. This motion is heard and decided by preference.
The tribunal shall confirm or quash the decision of the executive director. It may, in addition, order the executive director to take certain measures relating to the right of the child to communicate thenceforth with the person contemplated in the decision of the executive director or with any other person.
1977, c. 20, s. 9; 1981, c. 2, s. 3; 1984, c. 4, s. 7; 1988, c. 21, s. 119; 1989, c. 53, s. 11, s. 12; 1992, c. 21, s. 212; 1994, c. 35, s. 8; 2006, c. 34, s. 6.
9. Any child placed in a foster family or by an institution which operates a rehabilitation centre has the right to communicate in all confidentiality with his advocate, the director who has taken charge of his situations, the Commission and the judges and clerks of the tribunal.
He may also communicate in all confidentiality with his parents, brothers and sisters, unless the tribunal decides otherwise.
He may also communicate in all confidentiality with any other person unless the tribunal decides otherwise or the executive director of the institution operating the rehabilitation centre or the person he authorizes in writing considers it to be in the best interests of the child to prevent him from communicating with that person. The decision of the executive director must give reasons, be rendered in writing and be given to the child and, whenever possible, to the child’s parents.
The child or his parents may refer to the tribunal any decision of the executive director preventing him from communicating with any person. This motion is heard and decided by preference.
The tribunal shall confirm or quash the decision of the executive director. It may, in addition, order the executive director to take certain measures relating to the right of the child to communicate thenceforth with the person contemplated in the decision of the executive director or with any other person.
1977, c. 20, s. 9; 1981, c. 2, s. 3; 1984, c. 4, s. 7; 1988, c. 21, s. 119; 1989, c. 53, s. 11, s. 12; 1992, c. 21, s. 212; 1994, c. 35, s. 8.
9. Any child placed in a foster family or by an institution which operates a rehabilitation centre or a reception centre has the right to communicate in all confidentiality with his advocate, the director who has taken charge of his situations, the Commission and the judges and clerks of the tribunal.
He may also communicate in all confidentiality with his parents, brothers and sisters, unless the tribunal decides otherwise.
He may also communicate in all confidentiality with any other person unless the executive director of the institution operating the rehabilitation centre or the reception centre considers it to be in the best interests of the child to prevent him from communicating with that person. The decision must be substantiated, rendered in writing and given to the child.
The child or his parents may refer to the tribunal any decision of the executive director preventing him from communicating with any person. This motion is heard and decided by preference.
The tribunal shall confirm or quash the decision of the executive director. It may, in addition, order the executive director to take certain measures relating to the right of the child to communicate thenceforth with the person contemplated in the decision of the executive director or with any other person.
1977, c. 20, s. 9; 1981, c. 2, s. 3; 1984, c. 4, s. 7; 1988, c. 21, s. 119; 1989, c. 53, s. 11, s. 12; 1992, c. 21, s. 212.
9. Any child placed in a reception centre or foster family has the right to communicate in all confidentiality with his advocate, the director who has taken charge of his situations, the Commission and the judges and clerks of the tribunal.
He may also communicate in all confidentiality with his parents, brothers and sisters, unless the tribunal decides otherwise.
He may also communicate in all confidentiality with any other person unless the general manager of the reception centre considers it to be in the best interests of the child to prevent him from communicating with that person. The decision must be substantiated, rendered in writing and given to the child.
The child or his parents may refer to the tribunal any decision of the general manager preventing him from communicating with any person. This motion is heard and decided by preference.
The tribunal shall confirm or quash the decision of the general manager. It may, in addition, order the general manager to take certain measures relating to the right of the child to communicate thenceforth with the person contemplated in the decision of the general manager or with any other person.
1977, c. 20, s. 9; 1981, c. 2, s. 3; 1984, c. 4, s. 7; 1988, c. 21, s. 119; 1989, c. 53, s. 11, s. 12.
9. Any child placed in a reception centre or foster family has the right to communicate in all confidentiality with his advocate, the director who has taken charge of his situations, the Comité and the judges and clerks of the Court of Québec.
He may also communicate in all confidentiality with his parents, brothers and sisters, unless the Court of Québec decides otherwise.
He may also communicate in all confidentiality with any other person unless the general manager of the reception centre considers it to be in the best interests of the child to prevent him from communicating with that person. The decision must be substantiated, rendered in writing and given to the child.
The child or his parents may refer to the Court of Québec any decision of the general manager preventing him from communicating with any person. This motion is heard and decided by preference.
The Court of Québec shall confirm or quash the decision of the general manager. It may, in addition, order the general manager to take certain measures relating to the right of the child to communicate thenceforth with the person contemplated in the decision of the general manager or with any other person.
1977, c. 20, s. 9; 1981, c. 2, s. 3; 1984, c. 4, s. 7; 1988, c. 21, s. 119.
9. Any child placed in a reception centre or foster family has the right to communicate in all confidentiality with his advocate, the director who has taken charge of his situations, the Comité and the judges and clerks of the Court.
He may also communicate in all confidentiality with his parents, brothers and sisters, unless the Court decides otherwise.
He may also communicate in all confidentiality with any other person unless the general manager of the reception centre considers it to be in the best interests of the child to prevent him from communicating with that person. The decision must be substantiated, rendered in writing and given to the child.
The child or his parents may refer to the Court any decision of the general manager preventing him from communicating with any person. This motion is heard and decided by preference.
The Court shall confirm or quash the decision of the general manager. It may, in addition, order the general manager to take certain measures relating to the right of the child to communicate thenceforth with the person contemplated in the decision of the general manager or with any other person.
1977, c. 20, s. 9; 1981, c. 2, s. 3; 1984, c. 4, s. 7.
9. Any child placed in a reception centre or foster family has the right to communicate in all confidentiality with his advocate, the director who has taken charge of him, the Comité and the judges and clerks of the Court.
He may also communicate in all confidentiality with his parents, brothers and sisters, unless the Court decides otherwise.
He may also communicate in all confidentiality with any other person unless the general manager of the reception centre considers it to be in the best interests of the child to prevent him from communicating with that person.
The child may refer to the Court any decision of the general manager preventing him from communicating with any person. This motion is heard and decided by preference.
The Court shall confirm or quash the decision of the general manager. It may, in addition, order the general manager to take certain measures relating to the right of the child to communicate thenceforth with the person contemplated in the decision of the general manager or with any other person.
1977, c. 20, s. 9; 1981, c. 2, s. 3.
9. Any child placed in a reception centre or foster family has the right to communicate in all confidentiality with his advocate, the director who has taken charge of him, the Comité and the judges and clerks of the Court.
He may also communicate in all confidentiality with his parents, brothers and sisters or any other person, unless the Court decides otherwise.
1977, c. 20, s. 9.
© Gouvernement du Québec