P-34.1 - Youth Protection Act

Section 91.1 Disposition versions

2022-04-26

91.1. If the tribunal orders that a child be entrusted to an alternative living environment under subparagraph e, e.1 or j of the first paragraph of section 91, the total period for which the child is so entrusted may not exceed, depending on the child’s age at the time the order is made,

(a)  12 months if the child is under two years of age;

(b)  18 months if the child is two to five years of age; or

(c)  24 months if the child is six years of age or over.

To determine the length of that period, the tribunal must take into account the duration of any measure, taken within the framework of this Act, that entrusts the child to an alternative living environment and that is related to the same situation. It may also take into account the duration of any previous period during which the child was entrusted to an alternative living environment within the framework of this Act, but that is not related to the same situation. A situation means the period from the accepted report to the end of the director’s intervention.

If the security or development of the child is still in danger at the expiry of the periods specified in the first paragraph, the tribunal must make an order that ensures continuity of care, stable relationships and stable living conditions corresponding to the child’s needs and age on a permanent basis.

However, if the interest of the child demands it, the tribunal may disregard the periods specified in the first paragraph if it is expected that the child will be returned to his family environment in the short term or if there are serious reasons for doing so. The fact that services mentioned in an agreement or in an order of the tribunal have not been provided consitutes, among others, a serious reason.

At any time during a period specified in the first paragraph, if the security or development of the child is still in danger, the tribunal may make an order that ensures continuity of care, stable relationships and stable living conditions corresponding to the child’s needs and age on a permanent basis.

2006, c. 34, s. 63; 2017, c. 18, s. 69; 2022, c. 11, s. 55.

2019-01-28

91.1. If the tribunal orders that a child be entrusted to an alternative living environment under subparagraph e, e.1 or j of the first paragraph of section 91, the total period for which the child is so entrusted may not exceed, depending on the child’s age at the time the order is made,

(a)  12 months if the child is under two years of age;

(b)  18 months if the child is two to five years of age; or

(c)  24 months if the child is six years of age or over.

To determine how long the child is to be entrusted, the tribunal must, if it concerns the same situation, take into account the duration of any measure entrusting the child to an alternative living environment included in an agreement on the voluntary measures referred to in subparagraph e, e.1 or j of the first paragraph of section 54. It must also take into account the duration of any measure entrusting the child to an alternative living environment it previously ordered under the first paragraph. It may also take into account any prior period when the child was entrusted to an alternative living environment under this Act.

If the security or development of the child is still in danger at the expiry of the periods specified in the first paragraph, the tribunal must make an order aimed at ensuring continuity of care, stable relationships and stable living conditions corresponding to the child’s needs and age on a permanent basis.

However, the tribunal may disregard the periods specified in the first paragraph if it is expected that the child will be returned to his family in the short term, if the interest of the child requires it or for serious reasons, such as failure to provide the services agreed upon.

At any time during a period specified in the first paragraph, if the security or development of the child is still in danger, the tribunal may make an order aimed at ensuring continuity of care, stable relationships and stable living conditions corresponding to the child’s needs and age on a permanent basis.

2006, c. 34, s. 63; 2017, c. 18, s. 69.

2007-07-09

91.1. If the tribunal orders a foster care measure under subparagraph j of the first paragraph of section 91, the total period of the foster care may not exceed

(a)  12 months if the child is under two years of age on the date the order is made,

(b)  18 months if the child is from two to five years of age on the date the order is made, or

(c)  24 months if the child is six years of age or over on the date the order is made.

When determining the duration of foster care, the tribunal must take into account the duration of any foster care measure applied to the same situation in an agreement on voluntary measures referred to in subparagraph j of the first paragraph of section 54, as well as the duration of any prior foster care measure it ordered under the first paragraph. It may also take into account any prior period during which the child was placed or provided with foster care under this Act.

If the security or development of the child is still in danger at the expiry of the periods specified in the first paragraph, the tribunal must make an order aimed at ensuring continuity of care, stable relationships and stable living conditions corresponding to the child’s needs and age on a permanent basis.

However, the tribunal may disregard the periods specified in the first paragraph if it is expected that the child will be returned to his family in the short term, if the interest of the child requires it or for serious reasons, such as failure to provide the services agreed upon.

At any time during a period specified in the first paragraph, if the security or development of the child is still in danger, the tribunal may make an order aimed at ensuring continuity of care, stable relationships and stable living conditions corresponding to the child’s needs and age on a permanent basis.

2006, c. 34, s. 63.