     Evaluation
You found this Infosheet to be:
 |
Éducaloi is a non-profit organization whose mission is to inform Quebecers of their rights and obligations by providing quality legal information in everyday language.
La loi vos droits
Clientele : Parents
Subject : Role and Powers of the Director of Youth Protection
Print date : February 7th, 2012
 Parents
Pedro is the assistant coach of a hockey team. He recently learned that one of his players had been abused by his stepfather.
He heard that the Director of Youth Protection (DYP) had intervened. Like a lot of people, Pedro had vaguely heard of the Director of Youth Protection or the DYP. But what exactly is the DYP? When does the DYP have to intervene in a situation involving a child? And what can the DYP do in a child abuse situation? In this Infosheet, Éducaloi explains the role of the Director of Youth Protection when a child is at risk.   
The DYP's work begins as soon as someone makes a report that a child’s safety or development is or could be in danger.
However, just because a situation is reported to the DYP does not necessarily mean that she will intervene with the child and her family. When the DYP receives a report, she first briefly analyzes it to decide if a more complete evaluation of the child's situation is needed. If the brief analysis suggests that:
The DYP must intervene. She takes charge of the child and decides how to improve the child's situation.
It is important to understand that when the DYP takes charge of a child, the child is not automatically placed in another family or in a youth institution. On the contrary! Placement is a last resort used only when there are no other options. If the DYP decides that a child is in danger:
If the DYP's brief analysis of a child's situation shows that there is an emergency, for example, the child is being sexually abused by a parent or is being left alone at home, the DYP can take emergency measures. These are also called "immediate protection measures". These measures can be taken for a maximum period of 48 hours.
For example the DYP can:
The parents and the child cannot object to emergency measures. But if the DYP wants to continue these measures after the 48 hours and a child 14 years of age or over or the parents object, the DYP must apply to the Youth Division of the Court of Québec for permission to continue the measures. If permission is given, the emergency measures can be continued for up to 5 working days. Working days are Monday to Friday.
Voluntary measures are solutions recommended by the DYP to improve a child's situation. They are written down in an agreement signed by the parents, the DYP's social worker and the child, if she is 14 years of age or over.
The agreement must describe the situation that put the child's security or development in danger, and the most appropriate steps for ending that situation and preventing it from repeating. Voluntary measures vary depending on the situation, and also from region to region because different services are available in different communities. Here are some examples of voluntary measures:
In all cases, the DYP must do a follow-up to ensure that the voluntary measures are working and that the situation has improved.
A voluntary measures agreement can last up to 1 year. At the end of the agreement, the child's situation will be re-evaluated by the DYP. If the DYP thinks it is necessary, and if the parents and the child agree, a new agreement can be signed, and another one after that one, and so on. However, all the voluntary measure agreements taken together cannot be more than 2 years.
At the end of the agreement (or agreements), or if the agreement is not respected and the child's security or development is still in danger, the DYP must go before a Youth Division judge. The judge will decide whether or not the DYP's involvement must continue and how the child should be protected.
A foster family is first and foremost, a family – ordinary people you could meet anywhere who are prepared to take in one or more children in difficulty. A foster family can be a single person or a couple. These people may or may not have children of their own.
To be accepted as a foster family, the family is evaluated and fully investigated by the youth centre in the region where the family lives. The youth centre will look at why they want to be a foster family, the state of their home, their financial situation, their parenting abilities, whether or not they have a criminal record, etc. It's an urban myth that being a foster family is a way to get rich. The money given to a foster family covers only expenses for the child's needs. It is not a salary! The role of foster families can vary:
Rehabilitation centres associated with youth centres house children who cannot live with their own family or with a foster family. They also house children who are waiting for a foster family. Some children live in the centres themselves, others in group homes.
The goal of a rehabilitation centre is not to keep children there, but to ensure that they will be able to leave. The staff at these centres coach children, teach them how to respect rules and try to improve their behaviour. At the same time, the parents are supported in the hope that the child can return to live with her own family. The type of coaching and supervision given to a child in a rehabilitation centre depends on the child's situation.
In certain cases, the DYP can submit a child's case to the Youth Division court so the judge can decide whether the child's development is actually in danger.
For example, this would be the case where:
If the judge decides that a child's safety or development is in danger, she can order various measures similar to voluntary measures. As a general rule, the judge will also order monitoring by a DYP social worker.
Yes, but only in certain cases. For example, they can ask a judge to intervene when they disagree with the measures taken by the DYP or if they object to the DYP’s decision that the child's safety or development is in danger.
About the same subject
La loi vos droits
Éducaloi does not provide any legal advice or counseling. The information contained in its website constitutes a general source of information and does not in any way replace the services of a lawyer or notary.
|
Web Design = Egzakt
© Éducaloi