Youth protection

The Ministry of Health and Social Services of Quebec, through its delegates, Youth Protection Services, has considerable ability to intervene in the lives of families through the framework of the Youth Protection Act. The Youth Protection Act oversees the quality and delivery of child protection services. Such intervention may include the forced removal of children from the care of their parents, and placement of these apprehended children within the foster care system.

The Director of Youth Protection (DYP) is the person responsible for looking out for the welfare of children and ensuring their safety. He is responsible for enforcing the Youth Protection Act in his region. The Youth Protection Act (YPA) applies to children whose security or development is or may be considered to be in danger. The Director of Youth Protection is in charge of evaluating the situation of the child to determine if he or she is in difficulty and in need of protection. The involvement of the Director of Youth Protection in your family is certainly one of the most stressful legal situations for a family.

Given the very serious nature of child protection proceedings and the fundamental rights at stake, it is important that parents have representation and legal advice regarding such cases. A legal process that treats individuals with respect and dignity and ensures procedural and substantive fairness is in the best interests of children, as it allows courts to render fair, just and accurate decisions. Children, our most precious resource, deserve no less.

Our team advocates for children, as well as parents and grandparents. We are committed to understanding your unique needs and guiding you through every step of your case.

How an intervention unfolds

It starts with a report, which the DYP either retains or does not. If it is retained, an assessment follows: meetings with the parents, with the child, sometimes with the school or the doctor. At the end of that assessment, the DYP concludes either that the child’s security or development is not compromised — and the file is closed — or that it is. In the latter case, it proposes an agreement on voluntary measures or brings the matter before the Youth Division.

You are not required to sign the agreement put in front of you. You have the right to read it calmly, to have a lawyer review it and to negotiate its terms. If the case goes to court, each parent may be represented by their own lawyer, and the child is entitled to one as well. Timelines are short: a provisional order can be issued within days, and what is decided early weighs on everything that follows. That is why we recommend consulting from the DYP’s very first call, not only once a summons arrives.

We accept legal aid mandates in this area. If you are unsure whether you qualify, we will tell you where to check.