Youth protection (DYP) in Quebec: the steps of a case and parents’ rights
When the Director of Youth Protection (DYP) intervenes with a child, the Youth Protection Act sets out steps, time limits and rights for the parents and for the child. This guide presents those rules in general terms.
1. The steps of a case
Report: a person, for example a school staff member, a health professional or a relative, reports a situation to the DYP. The law protects the confidentiality of that person’s identity.
Screening: the DYP decides whether the report is retained.
Assessment: a worker usually meets with the parents and the child to determine whether the child’s security or development is in danger.
Orientation: if so, the case may continue through an agreement on voluntary measures or before the court.
Carrying out the measures and periodic review of the situation.
2. Some time limits set by law
Immediate protective measures: in an emergency, up to 48 hours without a court decision.
Provisional agreement: with the parents’ consent, up to 30 days.
Removal from the family through provisional measures ordered by the court: 60 days at most, subject to exceptions provided by law.
Agreement on voluntary measures: 12 months at most per agreement, and 2 years in total.
Entering into a proposed agreement: 10 days.
3. Rights provided by law
Parents may consult a lawyer, including before signing an agreement on voluntary measures. They are not required to accept such an agreement; if there is no agreement, the DYP may apply to the court.
The child is entitled to their own lawyer before the court. From age 14, the child’s consent is required for an agreement on voluntary measures.
Parents and the child have the right to be informed and to be heard.
The parties receive the documents filed with the court.
4. Documents often useful at a consultation
Letters or documents received from the DYP
The proposed agreement, if any
The application filed with the court and the notice of hearing
The names and contact information of the workers involved
Documents about the child, such as report cards or medical reports
5. Frequently asked questions
Who can make a report to the DYP?
Anyone can make a report. The law also requires certain professionals who work with children to do so in certain situations.
What happens if no agreement is reached?
When the DYP considers that the child’s security or development is in danger and no agreement on voluntary measures is reached, the case is brought before the Youth Division of the Court of Québec, which decides after hearing the parties.
Does the child have a say?
Yes. The law provides that the child must be informed and heard. Before the court, the child may be represented by their own lawyer.
Consulting a lawyer
This guide presents general rules. Every situation is different and must be assessed on its own facts. To learn more about our practice, see the Youth Protection Law page or request a consultation.
This guide contains general legal information. It is not legal advice and does not create a lawyer-client relationship.
