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P-34.1 - Youth Protection Act

Section 91
Disposition versions

Full text
91. Where the tribunal concludes that the security or development of the child is in danger, it may, for the period it determines, order the implementation of one or more of the following measures:
(a)  that the child remain with his family or be entrusted to one of his parents and that the child’s parents report periodically to the director on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security or development of the child is in danger;
(b)  that the child and the child’s parents take an active part in the application of any of the measures ordered by the tribunal;
(c)  that certain persons designated by the tribunal not come into contact with the child;
(d)  that the child not come into contact with certain persons designated by the tribunal;
(e)  that the child be entrusted to other persons;
(e.1)  that the child be entrusted to a kinship foster family chosen by the institution operating a child and youth protection centre;
(f)  that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family;
(g)  that the child be entrusted to an institution operating a hospital centre or local community service centre or to another body so that he may receive the care and assistance he needs;
(h)  that the child or the child’s parents report in person, at regular intervals, to the director to inform him of the current situation;
(i)  that the child receive specific health care and health services;
(j)  that the child be entrusted to an institution operating a rehabilitation centre or to a foster family, chosen by the institution operating a child and youth protection centre;
(k)  that the child attend a school or another place of learning or participates in a program geared to developing skills and autonomy;
(l)  that the child attend a childcare establishment;
(l.1)  that specific information not be disclosed to one or both of the parents or any other person designated by the tribunal;
(m)  that a person ensure that the child and his parents comply with the conditions imposed on them and that that person periodically report to the director;
(n)  that the exercise of certain attributes of parental authority be withdrawn from the parents and granted to the director or any other person designated by the tribunal;
(o)  that a period over which the child will be gradually returned to his family or social environment be determined.
The tribunal may make any recommendation it considers to be in the interest of the child.
The tribunal may include several measures in the same order, provided those measures are consistent with each other and in the interest of the child. It may thus authorize that personal relations between the child and the child’s parents, grandparents or another person be maintained, in the manner determined by the tribunal; it may also provide for more than one environment to which the child may be entrusted and state how long the child is to stay in each of those environments.
Where the tribunal concludes that the rights of a child in difficulty have been wronged by persons, bodies or institutions, it may order the situation to be corrected.
1977, c. 20, s. 91; 1981, c. 2, s. 22; 1984, c. 4, s. 46; 1988, c. 21, s. 119; 1989, c. 53, s. 11; 1992, c. 21, s. 375; 1994, c. 35, s. 55; 2006, c. 34, s. 62; 2016, c. 12, s. 46; 2017, c. 18, s. 68.
91. Where the tribunal concludes that the security or development of the child is in danger, it may, for the period it determines, order the implementation of one or more of the following measures:
(a)  that the child remain with his family or be entrusted to one of his parents and that the child’s parents report periodically to the director on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security or development of the child is in danger;
(b)  that the child and the child’s parents take an active part in the application of any of the measures ordered by the tribunal;
(c)  that certain persons designated by the tribunal not come into contact with the child;
(d)  that the child not come into contact with certain persons designated by the tribunal;
(e)  that the child be entrusted to other persons;
(f)  that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family;
(g)  that the child be entrusted to an institution operating a hospital centre or local community service centre or to another body so that he may receive the care and assistance he needs;
(h)  that the child or the child’s parents report in person, at regular intervals, to the director to inform him of the current situation;
(i)  that the child receive specific health care and health services;
(j)  that the child be entrusted to an institution operating a rehabilitation centre or to a foster family, chosen by the institution operating a child and youth protection centre;
(k)  that the child attend a school or another place of learning or participates in a program geared to developing skills and autonomy;
(l)  that the child attend a childcare establishment;
(l.1)  that specific information not be disclosed to one or both of the parents or any other person designated by the tribunal;
(m)  that a person ensure that the child and his parents comply with the conditions imposed on them and that that person periodically report to the director;
(n)  that the exercise of certain attributes of parental authority be withdrawn from the parents and granted to the director or any other person designated by the tribunal;
(o)  that a period over which the child will be gradually returned to his family or social environment be determined.
The tribunal may make any recommendation it considers to be in the interest of the child.
The tribunal may include several measures in the same order, provided those measures are consistent with each other and in the interest of the child. It may thus authorize that personal relations between the child and the child’s parents, grandparents or another person be maintained, in the manner determined by the tribunal; it may also provide for more than one place where the child may be provided with foster care and state how long the child is to stay at each of those places.
Where the tribunal concludes that the rights of a child in difficulty have been wronged by persons, bodies or institutions, it may order the situation to be corrected.
1977, c. 20, s. 91; 1981, c. 2, s. 22; 1984, c. 4, s. 46; 1988, c. 21, s. 119; 1989, c. 53, s. 11; 1992, c. 21, s. 375; 1994, c. 35, s. 55; 2006, c. 34, s. 62; 2016, c. 12, s. 46.
91. Where the tribunal concludes that the security or development of the child is in danger, it may, for the period it determines, order the implementation of one or more of the following measures:
(a)  that the child remain with his family or be entrusted to one of his parents and that the child’s parents report periodically to the director on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security or development of the child is in danger;
(b)  that the child and the child’s parents take an active part in the application of any of the measures ordered by the tribunal;
(c)  that certain persons designated by the tribunal not come into contact with the child;
(d)  that the child not come into contact with certain persons designated by the tribunal;
(e)  that the child be entrusted to other persons;
(f)  that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family;
(g)  that the child be entrusted to an institution operating a hospital centre or local community service centre or to another body so that he may receive the care and assistance he needs;
(h)  that the child or the child’s parents report in person, at regular intervals, to the director to inform him of the current situation;
(i)  that the child receive specific health care and health services;
(j)  that the child be entrusted to an institution operating a rehabilitation centre or to a foster family, chosen by the institution operating a child and youth protection centre;
(k)  that the child attend a school or another place of learning or participates in a program geared to developing skills and autonomy;
(l)  that the child attend a childcare establishment;
(m)  that a person ensure that the child and his parents comply with the conditions imposed on them and that that person periodically report to the director;
(n)  that the exercise of certain attributes of parental authority be withdrawn from the parents and granted to the director or any other person designated by the tribunal;
(o)  that a period over which the child will be gradually returned to his family or social environment be determined.
The tribunal may make any recommendation it considers to be in the interest of the child.
The tribunal may include several measures in the same order, provided those measures are consistent with each other and in the interest of the child. It may thus authorize that personal relations between the child and the child’s parents, grandparents or another person be maintained, in the manner determined by the tribunal; it may also provide for more than one place where the child may be provided with foster care and state how long the child is to stay at each of those places.
Where the tribunal concludes that the rights of a child in difficulty have been wronged by persons, bodies or institutions, it may order the situation to be corrected.
1977, c. 20, s. 91; 1981, c. 2, s. 22; 1984, c. 4, s. 46; 1988, c. 21, s. 119; 1989, c. 53, s. 11; 1992, c. 21, s. 375; 1994, c. 35, s. 55; 2006, c. 34, s. 62.
91. Where the tribunal concludes that the security or development of the child is in danger, it may, for the period it determines, order the implementation of one or more of the following measures:
(a)  that the child remain with his family and that the child’s parents report periodically to the director on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security or development of the child is in danger;
(b)  that the child and the child’s parents take an active part in the application of any of the measures ordered by the tribunal;
(c)  that certain persons designated by the tribunal not come into contact with the child;
(d)  that the child not come into contact with certain persons designated by the tribunal;
(e)  that the child be entrusted to other persons;
(f)  that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family;
(g)  that the child be entrusted to an institution operating a hospital centre or local community service centre or to another body so that he may receive the care and assistance he needs;
(h)  that the child or the child’s parents report in person, at regular intervals, to the director to inform him of the current situation;
(i)  that the child receive certain health services;
(j)  that the child be entrusted to an institution operating a rehabilitation centre or to a foster family, chosen by the institution operating a child and youth protection centre;
(k)  that the child attend a place of learning other than a school.
The tribunal may, in addition,
(a)  order a person to ensure that the child and his parents comply with the conditions imposed upon them and to report periodically to the director;
(b)  withdraw the exercise of certain rights of parental authority from the parents;
(c)  recommend that measures be taken to have a tutor appointed to the child;
(d)  make any other recommendation that it considers to be in the interests of the child.
Where the tribunal concludes that the rights of a child in difficulty have been wronged by persons, bodies or institutions, it may order the situation to be corrected.
1977, c. 20, s. 91; 1981, c. 2, s. 22; 1984, c. 4, s. 46; 1988, c. 21, s. 119; 1989, c. 53, s. 11; 1992, c. 21, s. 375; 1994, c. 35, s. 55.
91. Where the tribunal concludes that the security or the development of the child is in danger, it may, for such period as it may determine, order the execution of one or several of the measures listed in section 54. It may, in addition,
(a)  order a person to ensure that the child and his parents comply with the conditions imposed upon them and to report periodically to the director;
(b)  withdraw the exercise of certain rights of parental authority from the parents;
(c)  recommend that measures be taken to have a tutor appointed to the child;
(d)  make any other recommendation that it considers to be in the interests of the child.
Where the tribunal concludes that the rights of a child in difficulty have been wronged by persons, bodies or institutions, it may order the situation to be corrected.
1977, c. 20, s. 91; 1981, c. 2, s. 22; 1984, c. 4, s. 46; 1988, c. 21, s. 119; 1989, c. 53, s. 11; 1992, c. 21, s. 375.
91. Where the tribunal concludes that the security or the development of the child is in danger, it may, for such period as it may determine, order the execution of one or several of the measures listed in section 54. It may, in addition,
(a)  order a person to ensure that the child and his parents comply with the conditions imposed upon them and to report periodically to the director;
(b)  withdraw the exercise of certain rights of parental authority from the parents;
(c)  recommend that measures be taken to have a tutor appointed to the child;
(d)  make any other recommendation that it considers to be in the interests of the child.
Where the tribunal concludes that the rights of a child in difficulty have been wronged by persons, bodies or establishments, it may order the situation to be corrected.
1977, c. 20, s. 91; 1981, c. 2, s. 22; 1984, c. 4, s. 46; 1988, c. 21, s. 119; 1989, c. 53, s. 11.
91. Where the Court of Québec concludes that the security or the development of the child is in danger, it may, for such period as it may determine, order the execution of one or several of the measures listed in section 54. It may, in addition,
(a)  order a person to ensure that the child and his parents comply with the conditions imposed upon them and to report periodically to the director;
(b)  withdraw the exercise of certain rights of parental authority from the parents;
(c)  recommend that measures be taken to have a tutor appointed to the child;
(d)  make any other recommendation that it considers to be in the interests of the child.
Where the Court of Québec concludes that the rights of a child in difficulty have been wronged by persons, bodies or establishments, it may order the situation to be corrected.
1977, c. 20, s. 91; 1981, c. 2, s. 22; 1984, c. 4, s. 46; 1988, c. 21, s. 119.
91. Where the Court concludes that the security or the development of the child is in danger, it may, for such period as it may determine, order the execution of one or several of the measures listed in section 54. It may, in addition,
(a)  order a person to ensure that the child and his parents comply with the conditions imposed upon them and to report periodically to the director;
(b)  withdraw the exercise of certain rights of parental authority from the parents;
(c)  recommend that measures be taken to have a tutor appointed to the child;
(d)  make any other recommendation that it considers to be in the interests of the child.
Where the Court concludes that the rights of a child in difficulty have been wronged by persons, bodies or establishments, it may order the situation to be corrected.
1977, c. 20, s. 91; 1981, c. 2, s. 22; 1984, c. 4, s. 46.
91. Where the Court concludes that the security or the development of the child is in danger or that the child is guilty of an act contrary to an Act or a regulation in force in Québec, it may, for such period as it may determine, order the execution of one or several of the measures applicable under section 54. It may, in addition,
(a)  order a person to ensure that the child and his parents comply with the conditions imposed upon them and to report periodically to the director;
(b)  withdraw the exercise of certain rights of parental authority from the parents;
(c)  recommend that proceedings be instituted before the Superior Court to have a tutor appointed to the child;
(d)  impose a fine on the child taking into account his capacity to pay;
(e)  order the foster care of a child fourteen years of age or over in a security unit, for a maximum period of six months, if it is of opinion that the child will attempt to elude the application of the law or that he represents a danger to himself or to others.
An order rendered under subparagraph e of the first paragraph may be extended for a maximum period of six months if the director, after consultation with the general manager of the reception centre and after notifying the parents and the child, demonstrates to the Court that the measure is necessary in the interest of the child. A new extension for a maximum period of six months may take place under the same conditions.
1977, c. 20, s. 91; 1981, c. 2, s. 22.
91. Where the Court concludes that the security or the development of the child is in danger or that the child is guilty of an act contrary to a law or a regulation in force in Québec, it may order the execution of one or more of the measures enumerated in section 54. It may, in addition,
(a)  order a person to ensure that the child and his parents comply with the conditions imposed upon them and to report periodically to the director;
(b)  withdraw the exercise of certain rights of parental authority from the parents;
(c)  recommend that proceedings be instituted before the Superior Court to have a tutor appointed to the child;
(d)  impose a fine on the child taking into account his capacity to pay;
(e)  order the foster care of a child fourteen years of age or older in a security unit, for a maximum period of three months, if it is of opinion that the child will attempt to elude the application of the law or that he represents a danger to himself or to others and when the director, after notifying the parents and the child, applies therefor, order the renewal of such period of foster care.
1977, c. 20, s. 91.
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