CHAPTER IV
PROVISIONS APPLICABLE TO THE YOUTH DIVISION
DIVISION I – MATTERS OF PROTECTION
SUBDIVISION I
CONSULTATION AND WITHDRAWAL OF A RECORD OR EXHIBIT

No record may be withdrawn from the office of the court, except in cases of appeal, evocation, judicial review or at the request of or with the authorization of a judge.

Having been identified by the clerk, and ascertained as to his right, a person authorized by law may consult a record or obtain a copy of an exhibit in a record.

The clerk shall then make note of the name of that person in the record and of the exhibit of which a copy has been remitted.

 

SUBDIVISION II
RECORDS, PLEADINGS AND EXHIBITS

The clerk shall open a record for each case brought or for each information filed before the court, and all pleadings filed therein must bear the full record number.

Where the situation of several children or adolescents is examined and based on the same evidence, a copy of all exhibits, minutes, stenographic notes and judgments shall be filed in each of the other records, unless the court decides otherwise.

All the pleadings in a record must be fastened thereto in such a way that they cannot become easily detached. The same applies to any exhibits that can be kept in a record.

When the record is forwarded to the court or the judge, an updated statement of the plumitif shall be filed therein and all prior statements destroyed.

The name and date of birth of the child or adolescent shall be inscribed legibly on each record.

The receipt, certificate of post office registration or any other document attesting to the transmission of a notice, a subpoena or a copy of a judgment must be filed in the record and attached to the appropriate exhibit.

All pleadings must be legibly written on one side of a sheet measuring 21.5 X 35.5 cm. The reverse side of the sheet must indicate the nature and subject of the pleading, the record number and the names of the parties, as well as the name, address, postal code, telephone number, fax number and computer code of the attorney of the party filing the pleading.

In the event that the party is representing himself, the attorney’s computer code and fax number are not required.

All pleadings filed by a party shall be signed by his attorney. In the event that this party is not represented by an attorney, his pleading shall be signed by himself.

The exhibits and written documents filed must bear the record number and an identifying letter attributed to each party. They must also be numbered consecutively and be accompanied by a list.

The code letters are as follows:

D: for the Direction de la protection de la jeunesse;
E: for the child;
M: for the mother;
P: for the father;
PM: for the father and the mother;
I: for the intervenor;
C: for the Commission des droits de la personne et des droits de la jeunesse;
MC: for the impleaded party;
PG: for the Attorney General;
R: for the applicant in adoption cases.

109. The date of birth of a child and the identity of his parents must be proved in accordance with the provisions of the Civil Code no later than at the beginning of a hearing on the merits of a statement for the purposes of protection.

110. Upon receipt of a pleading or an exhibit, the clerk shall number it and mark upon it the date it was filed and the number of the record in which it was filed.

111. All accessory demands must be made in writing in the form of a motion and, unless an exemption from doing so is granted by the court, must be presented separately.

112. Each of the parties must, in an affidavit, attest that the child is not already the subject of a motion, action or judgment of the Court of Québec or of another court, or of an agreement between the parties or with the director of youth protection and, where applicable, provide a copy of such motion, action, judgment or agreement.

The same applies when the alleged facts are the subject of a criminal prosecution and, where applicable, a copy of the information, the undertakings and the judgment must be provided.

If, during the proceedings, the interests or rights of the child are likely to be affected by the procedure described in the preceding paragraph, the party or his attorney who has knowledge thereof must immediately inform the court by means of an affidavit, which will be filed in the record.

Any party who wishes to file an evaluation, a report, a study or an expert opinion for the benefit of the court, must file this document in the record at least three days before the hearing and transmit a copy thereof, within the same period, to the attorney of each of the parties or to the party himself if he is not represented, unless he is exempted from this obligation by the court.

A copy of all notices of appeal and all decisions rendered in appeal of a judgment of the court must, as soon as they are received, be sent by the clerk to the judge whorendered judgment in first instance.

 

SUBDIVISION III
ROLLS AND HEARINGS

Separate rolls with respect to the hearing of cases in matters of protection, adoption and young offenders shall be drawn up by the clerk.

Where a date for the presentation of a motion must be set, the judge or the clerk shall set the hearing according to the availability of the court.
The court may, if it deems it expedient, order a written contestation and set the time limit within which this contestation must be filed as well as another date for the hearing of the case.

No case shall be adjourned solely by the consent of the parties or due to their absence.

All motions for adjournment of a case set for proof and hearing shall be presented in writing, with the reasons in support thereof, to the coordinating judge or a judge designated by him, at least eight days before the date set for the hearing. Such motion must be preceded by a notice of one clear juridical day transmitted to all the parties.

Notwithstanding the above time limit, if the reasons for the adjournment are known less than eight days before the date set for the hearing, the coordinating judge or a judge designated by him may receive an oral motion for adjournment following a notice of one clear juridical day transmitted to all the parties.

This section does not limit the authority of the trial judge to grant an adjournment for exceptional reasons.

In the absence of the judge, the clerk may adjourn any hearing, in accordance with the law, for a set period that shall not exceed the next session.

 

SUBDIVISION IV
AUDIO OR STENOGRAPHIC RECORDING

The clerk shall make an audio recording of the arguments.

If there is no audio recording, the services of a stenographer shall be required and the latter shall record the arguments during the hearing. If the judge so requires, the stenographer shall also record the addresses.

Unless there is an appeal, the recording of the arguments may not be copied, transcribed or translated, except with the authorization of the court, which shall determine the terms and conditions governing access to and communication of such recording.

The transcription of the audio recording or of the notes taken by the stenographer shall be kept separately from the record, in a place indicated by the clerk.

 

SUBDIVISION V
MINUTES OF THE HEARING

The clerk shall draw up the minutes of the hearing in accordance with the form provided for this purpose, and shall enter therein:

(1) the record number and, where applicable, the identification number of the tapereel;
(2) the names of the parties in attendance, including, where applicable, that of the child and, in criminal and penal matters, that of the adolescent;
(3) the date and time of the beginning and the end of the hearing and, where applicable, the tape position numbers;
(4) the name of the judge presiding over the hearing;
(5) the names of the attorneys and, where applicable, their computer code or box number;
(6) the names of the clerk and the stenographer, where applicable;
(7) a reference to the Act under which the case is brought, as well as the nature of the case or, in criminal and penal matters, a reference to the Act under which the offence is alleged to have been committed by the adolescent;
(8) the name, age, capacity and address of each witness, as well as the name of the party calling them to testify;
(9) where applicable, the swearing-in of the interpreter and his address;
(10) a description of the exhibits filed and the classification code assigned to each one;
(11) the admissions and confessions;
(12) the different stages of the hearing;
(13) the decision of a party not to be represented by an attorney;
(14) the conclusions of any judgment, decision, order or measure rendered at the hearing by the judge and the tape position numbers of the mechanical recording of these decisions, with the exception of those pertaining to objections to evidence that are simply noted;
(15) the grounds for any decision pertaining to a motion for adjournment.

 

SUBDIVISION VI
JUDGMENTS AND ADVISEMENTS

The clerk must ensure that a record is complete before sending it to the judge for hearing or for advisement, and that it contains, among other things, the pleadings and the exhibits, as well as the studies, factums and reports filed in support of the proceedings, numbered in order by date of filing. If the record is incomplete, the clerk must notify the attorneys of that fact so that they may take the necessary action to complete it, in the time limit set by him, and must leave a note in the record indicating that they have been so notified.

Should a party fail to file an exhibit required by the judge, or complete his oral or written address within the time limit set at the hearing, the judge shall take the record under advisement in the state in which it is found upon the expiry of this time limit.


SUBDIVISION VII
APPEARANCE AND WITHDRAWAL OF AN ATTORNEY

The appearance of an attorney who wishes to represent a party may be made at the hearing, but must be confirmed by the filing of a written appearance in the record of the court.

An attorney who wishes to consult a record without having filed a written appearance must present a written authorization from the person contemplated in section 96 of the Youth Protection Act in order to have access to the record.

An attorney who has appeared for a party may not withdraw from the record unless he obtains authorization to do so from the court.


SUBDIVISION VIII
DESTRUCTION OF RECORDS

Access to a record which is to be destroyed as provided in the Youth Protection Act is prohibited from the day on which the child reaches 18 years of age, except where the periods of appeal have not expired.

Where the destruction of a record is provided for under the Youth Protection Act, the inscription in the alphabetical index, the plumitif and the audio recording of the notes taken by the stenographer, as well as any transcription of this recording or these notes pertaining to such record, must be destroyed at the same time as the record.

The records referred to in section 96 of the Youth Protection Act must, within three months of the date on which access thereto was prohibited, be transported to an appropriate place for incineration or shredding by two persons designated in writing by the clerk for this purpose.

The records shall be incinerated or shredded in the presence of these two persons and the clerk, who shall draw up a report of these events.

The report of the destruction of the records must contain: the numbers or serial numbers of the records destroyed and the date, place and means used to destroy them.

 

SUBDIVISION IX
CHANGE OF DISTRICT

A party who files an application in compliance with the prescriptions of the second paragraph of section 95.1 of the Youth Protection Act in a district other than that where the previous order was rendered must attach to this application a certified copy of the relevant exhibits of the record concerned, including a copy of the judgments and the psychosocial and expert opinions filed during prior hearings

SUBDIVISION X
ABSENCE OR INCAPACITY OF A JUDGE

In the event of a judge’s absence or inability to act in a district and insofar as the hearing of witnesses is not required, the coordinating judge of this district may designate a judge to rule on all emergency applications, provisional measures and preliminary or accessory applications to a proceeding, by any means of communication that is acceptable to this judge.

 

DIVISION II
MATTERS OF ADOPTION

SUBDIVISION I
CONSULTATION AND WITHDRAWAL OF A RECORD OR EXHIBIT

No record may be withdrawn from the office of the court, except in cases of appeal, evocation or judicial review, or at the request or with the authorization of a judge.

SUBDIVISION II
RECORDS, PLEADINGS AND EXHIBITS


134. With the exception of section 104, sections 101 to 114 shall also govern matters of adoption,with the necessary modifications.

135. The motions presented for the purposes of placement or revocation of an order of placement and the applications for adoption pertaining to a given child, as well as the attendant pleadings, shall be kept in the same record.

All other applications and the attendant pleadings shall be kept in separate records.

136. The given name and surname proposed for the child must be inscribed on each record, along with the child’s original given name and surname between brackets if they are different.

In matters of approval of a proposed adoption, the given names and surnames of the applicants shall be inscribed in the record.

137. Exhibits shall be kept in the record beyond the one-year time limit in accordance with the directives of the chief judge issued under article 331.9 of the Code of Civil Procedure.

138. The clerk shall transmit to the director of youth protection having jurisdiction in the place where the child resides or, if the child does not reside in Québec, to the person who was the last to have charge of the child, a notice of any judgment of eligibility for adoption or for placement and adoption rendered concerning a child, indicating the child’s original and proposed names.

139. Unless the court authorizes the parties to receive a copy of the judgment to be rendered, the clerk shall transmit to the parties a certificate attesting to any judgment declaring a child judicially eligible for adoption and, where applicable, to any order for placement or adoption judgment.

SUBDIVISION III
ROLLS AND HEARINGS

140. Sections 115 to 119 shall also govern matters of adoption insofar as they are applicable.

141. The clerk shall inscribe applications made by way of a declaration on a general roll for proof and hearing on the merits according to their date of inscription, and shall notify the parties or their attorneys thereof by certified mail.

142. The inscription for proof and hearing must indicate the nature of the case and the time required for the proof and hearing.

143. The clerk shall inscribe applications made by way of a motion on a separate roll, and these applications shall be heard according to the court’s availability during a sitting devoted to matters regarding adoption.

144. Applications in adoption cases must be presented to the court by the party himself or by his attorney.

145. In the case of general consent to adoption, the court shall hear the application for placement presented by the director of youth protection on the date set for its presentation, unless the adopters have informed the applicant of their desire to be heard, in which case the court shall refer the hearing to a later date and the attorney shall notify the adopters of this referral.

SUBDIVISION IV
AUDIO OR STENOGRAPHIC RECORDING

146. Sections 120 to 122 shall apply, with the necessary modifications, to this Division.

SUBDIVISION V
JUDGMENTS AND ADVISEMENTS

147. Section 124 shall apply, with the necessary modifications, to this Division.



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