P-34.1 - Youth Protection Act

Section 87 Disposition versions

2022-04-26

87. The director may, at his discretion, or must, if the tribunal so requires, attach to the psychosocial report referred to in section 86 a psychological or medical assessment of the child or a member of his family or any other relevant expert evaluation.

The parents of the child or the child himself, if he is 14 years of age or over, may refuse to undergo any assessment or expert evaluation. The parents of a child under 14 years of age may refuse for the child. Any refusal shall be recorded in a notice sent to the tribunal.

However, neither the parents nor the child shall refuse to undergo an assessment or expert evaluation ordered by the tribunal and relating to a situation involving psychological ill-treatment, exposure to domestic violence, sexual abuse or physical abuse or the risk of such abuse within the meaning of subparagraphs c, c.1, d or e of the second paragraph of section 38.

A child 14 years of age or over may give his consent alone to undergo an assessment or expert evaluation.

The cost of the assessment or expert evaluation shall be at the expense of the institution operating the child and youth protection centre.

Where the assessment or expert evaluation is disputed, the tribunal may require the director to produce a new one and determine who is to pay the related costs.

1977, c. 20, s. 87; 1984, c. 4, s. 45; 1988, c. 21, s. 119; 1989, c. 53, s. 11; 1994, c. 35, s. 67; 2006, c. 34, s. 58, s. 75; 2022, c. 11, s. 53.

2007-07-09

87. The parents of the child or the child himself, if he is 14 years of age or over, may refuse to submit to a study, an assessment or any other expert opinion contemplated in section 86. In the case of refusal by the child, the study, assessment or expert opinion shall not take place and the refusal by the child and, as the case may be, the refusal by the parents shall be recorded in a report sent to the tribunal. When the child, if he is 14 years of age or over, consents to submit to such a study, assessment or expert opinion, it shall take place although the parents refuse to submit to it; in such a case, the refusal by the parents shall be recorded in a report sent to the tribunal.

However, the parents and the child shall not refuse to submit to such study, assessment or expert opinion when it is required with regard to a situation contemplated in subparagraphs d and e of the second paragraph of section 38.

1977, c. 20, s. 87; 1984, c. 4, s. 45; 1988, c. 21, s. 119; 1989, c. 53, s. 11; 1994, c. 35, s. 67; 2006, c. 34, s. 58, s. 75.

1994-09-01

87. The parents of the child or the child himself, if he is 14 years of age or over, may refuse to submit to a study, an assessment or any other expert examination contemplated in section 86. In the case of refusal by the child, the study, assessment or expert examination shall not take place and the refusal by the child and, as the case may be, the refusal by the parents shall be recorded in a report sent to the tribunal. When the child, if he is 14 years of age or over, consents to submit to such a study, assessment or expert examination, it shall take place although the parents refuse to submit to it; in such a case, the refusal by the parents shall be recorded in a report sent to the tribunal.

However, the parents and the child shall not refuse to submit to such study, assessment or expert examination when it is required with regard to a situation contemplated in paragraph g of section 38.

1977, c. 20, s. 87; 1984, c. 4, s. 45; 1988, c. 21, s. 119; 1989, c. 53, s. 11; 1994, c. 35, s. 67.

1989-10-01

87. The parents of the child or the child himself, if he is fourteen years of age or older, may refuse to submit to a study, an assessment or any other expert examination contemplated in section 86. In the case of refusal by the child, the study, assessment or expert examination shall not take place and the refusal by the child and, as the case may be, the refusal by the parents shall be recorded in a report sent to the tribunal. When the child, if he is fourteen years of age or older, consents to submit to such a study, assessment or expert examination, it shall take place although the parents refuse to submit to it; in such a case, the refusal by the parents shall be recorded in a report sent to the tribunal.

However, the parents and the child shall not refuse to submit to such study, assessment or expert examination when it is required with regard to a situation contemplated in paragraph g of section 38.

1977, c. 20, s. 87; 1984, c. 4, s. 45; 1988, c. 21, s. 119; 1989, c. 53, s. 11.

1988-08-31

87. The parents of the child or the child himself, if he is fourteen years of age or older, may refuse to submit to a study, an assessment or any other expert examination contemplated in section 86. In the case of refusal by the child, the study, assessment or expert examination shall not take place and the refusal by the child and, as the case may be, the refusal by the parents shall be recorded in a report sent to the Court of Québec. When the child, if he is fourteen years of age or older, consents to submit to such a study, assessment or expert examination, it shall take place although the parents refuse to submit to it; in such a case, the refusal by the parents shall be recorded in a report sent to the Court of Québec.

However, the parents and the child shall not refuse to submit to such study, assessment or expert examination when it is required with regard to a situation contemplated in paragraph g of section 38.

1977, c. 20, s. 87; 1984, c. 4, s. 45; 1988, c. 21, s. 119.

1984-04-16

87. The parents of the child or the child himself, if he is fourteen years of age or older, may refuse to submit to a study, an assessment or any other expert examination contemplated in section 86. In the case of refusal by the child, the study, assessment or expert examination shall not take place and the refusal by the child and, as the case may be, the refusal by the parents shall be recorded in a report sent to the Court. When the child, if he is fourteen years of age or older, consents to submit to such a study, assessment or expert examination, it shall take place although the parents refuse to submit to it; in such a case, the refusal by the parents shall be recorded in a report sent to the Court.

However, the parents and the child shall not refuse to submit to such study, assessment or expert examination when it is required with regard to a situation contemplated in paragraph g of section 38.

1977, c. 20, s. 87; 1984, c. 4, s. 45.

1979-01-15

87. The parents of the child or the child himself, if he is fourteen years of age or older, may refuse to submit to a study, an assessment or any other expert examination contemplated in section 86. In the case of refusal by the child, the study, assessment or expert examination shall not take place and the refusal by the child and, as the case may be, the refusal by the parents shall be recorded in a report sent to the Court. When the child, if he is fourteen years of age or older, consents to submit to such a study, assessment or expert examination, it shall take place although the parents refuse to submit to it; in such a case, the refusal by the parents shall be recorded in a report sent to the Court.

However, the parents and the child shall not refuse to submit to such study, assessment or expert examination when it is required with regard to a situation contemplated in paragraph f of section 38.

1977, c. 20, s. 87.