Youth protection (DYP) in Quebec: the steps of a case and parents’ rights
A call or visit from the DYP (Director of Youth Protection) can be worrying. This guide explains in plain terms how a case unfolds, what time limits the law sets and what rights parents and children have.
In short
The DYP steps in when it receives a report about a child’s security or development.
The law sets out specific steps and time limits.
Parents and the child have rights at every step, including the right to be informed and heard.
How does a case unfold?
It all starts with a report. A person, for example a school staff member, a health professional or a relative, tells the DYP about their concerns. The law protects the confidentiality of that person’s identity.
The DYP then decides whether to retain the report. If it does, a worker usually meets with the parents and the child to assess the situation. The question is whether the child’s security or development is in danger.
If so, there are two possible paths. The parents and the DYP may enter into an agreement on voluntary measures, meaning measures the parents agree to follow. Otherwise, the case is brought before the court, which decides.
The measures are then carried out, and the situation is reviewed periodically.
What time limits does the law set?
In an emergency: the DYP may take immediate protective measures for up to 48 hours, without a court decision.
With the parents’ consent: these measures may be extended through a provisional agreement, for up to 30 days.
Temporary removal ordered by the court: when the court orders, pending its decision, that the child be removed from the family, this measure lasts 60 days at most, subject to exceptions provided by law.
Agreement on voluntary measures: it lasts 12 months at most, and several agreements may follow one another, for no more than 3 years in total.
What are the rights of parents and children?
Parents may consult a lawyer, including before signing an agreement on voluntary measures.
They are not required to accept such an agreement. Without an agreement, the DYP must apply to the court.
The child may have 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.
Parents may request a copy of the documents in the court file.
Who can make a report?
Anyone who has reasonable grounds to believe that a child’s security or development is in danger may make a report. The law also requires certain people to do so without delay, including professionals who work with children, teachers, childcare workers and police officers.
What happens if the case goes to court?
The case is heard by the Youth Division of the Court of Québec. The judge hears the parties, then decides what measures to take for the child.
What documents should you bring to 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
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.
