P-34.1 - Youth Protection Act

Section 4 Disposition versions

2022-04-26

4. Every decision made under this Act must aim at ensuring continuity of care as well as the stability of the child’s relationships and of living conditions appropriate to his needs and age. Therefore, keeping the child in his family environment should be favoured, provided it is in the child’s interest.

If keeping the child in his family environment is not in his interest, priority must be given to entrusting the child to the persons most important to him, in particular the grandparents or other members of the extended family.

If it is not in the interest of the child to entrust him to such persons, the child must then be entrusted to a living environment most closely resembling a family environment.

If returning the child to his family environment is not in his interest, the decision must, on a permanent basis, ensure continuity of care and the stability of his relationships and of living conditions appropriate to his needs and age.

1977, c. 20, s. 4; 1984, c. 4, s. 5; 2006, c. 34, s. 4; 2017, c. 18, s. 3; 2022, c. 11, s. 6.

2019-01-28

4. Every decision made under this Act must aim at keeping the child in the family environment.

If, in the interest of the child, it is not possible to keep the child in the family environment, the decision must aim at ensuring that the child benefits, insofar as possible with the persons most important to the child, in particular the grandparents or other members of the extended family, from continuity of care, stable relationships and stable living conditions corresponding to the child’s needs and age and as nearly similar to those of a normal family environment as possible. Moreover, the parents’ involvement must always be fostered, with a view to encouraging and helping them to exercise their parental responsibilities.

If, in the interest of the child, returning the child to the family is impossible, the decision must aim at ensuring continuity of care, stable relationships and stable living conditions corresponding to the child’s needs and age on a permanent basis.

A decision made under the second or third paragraph regarding a Native child must aim at entrusting the child to an alternative living environment capable of preserving his cultural identity, by giving preference to a member of his extended family or his community or nation.

1977, c. 20, s. 4; 1984, c. 4, s. 5; 2006, c. 34, s. 4; 2017, c. 18, s. 3.

2007-07-09

4. Every decision made under this Act must aim at keeping the child in the family environment.

If, in the interest of the child, it is not possible to keep the child in the family environment, the decision must aim at ensuring that the child benefits, insofar as possible with the persons most important to the child, in particular the grandparents or other members of the extended family, from continuity of care, stable relationships and stable living conditions corresponding to the child’s needs and age and as nearly similar to those of a normal family environment as possible. Moreover, the parents’ involvement must always be fostered, with a view to encouraging and helping them to exercise their parental responsibilities.

If, in the interest of the child, returning the child to the family is impossible, the decision must aim at ensuring continuity of care, stable relationships and stable living conditions corresponding to the child’s needs and age on a permanent basis.

1977, c. 20, s. 4; 1984, c. 4, s. 5; 2006, c. 34, s. 4.

1984-04-16

4. Every decision made under this Act must contemplate the child’s remaining with his family. If, in the interest of the child, his remaining with or returning to his family is impossible, the decision must contemplate his being provided with continuous care and stable conditions of life corresponding to his needs and his age and as nearly similar to those of a normal family environment as possible.

1977, c. 20, s. 4; 1984, c. 4, s. 5.

1979-01-15

4. Such decision must contemplate the child’s remaining in his natural environment.

Where the child has no family or must be removed from it, such decision must contemplate his being provided with conditions of life and development as nearly similar to those of a normal family environment as possible.

1977, c. 20, s. 4.