When may the head of a juvenile classification review centre express an opinion on cancelling, changing or extending a placed-out juvenile's provisional measure, and to whom?
General information · Not legal advice
Material to check
In a practice file we read the placement decision to see which court juvenile division made it, since the opinion goes to that division, and the classification review records showing the juvenile's condition: critical illness found to make intake dangerous or to require long-term treatment so that corrective education would be hard to make effective, markedly manifest mental or physical disability, pregnancy or childbirth including miscarriage or stillbirth, or marked disruption of facility safety and order with a need to extend the protective period.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows the provision as written: where a placed-out juvenile falls within any of the three grounds set for a protected juvenile, the head of the classification review centre may express an opinion, not apply, on cancelling, changing or extending the provisional measure, under the relevant provisions of the Juvenile Act, and the opinion goes to the court juvenile division that made the placement decision.
Another reading stresses the limits: the head may only "express an opinion", so the provision leaves open what weight that opinion carries, and the duty to notify the head of a probation office at once after the cancellation decision is written only for a detention juvenile, so the provision says nothing of such a duty here.
Your judgment
When the court juvenile division does not follow the opinion, what in the file would show which facts the division weighed instead?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to require reasons to be stated in the opinion, or if a court decision explains what weight a court juvenile division must give an opinion from the classification review centre head.