*To simplify the text, the term “child” refers to any person under 18 years of age, including teenagers.

Is the Director of Youth Protection, commonly known as the “DYP,” involved in your life and that of your family?

What does this mean?

The DYP is an administrative entity within Quebec’s Health and Social Services Network (Health Quebec) whose role is to protect children residing in the province of Quebec.

There are several Directors of Youth Protection distributed across Quebec’s various health and social service regions. These Directors, along with the social workers acting under their authority, are tasked with enforcing the Youth Protection Act.

These so-called “compromised situations” are listed and described in the Youth Protection Act.

Thus, the DYP will intervene in the life of a child and their family if, after assessment, it determines that the child is experiencing one or more compromised situations.

The main grounds for intervention listed in the Youth Protection Act are:

• Abandonment;
• Neglect:
  • Physical and/or;
  • Health-related and/or;
  • Educational;
• A serious risk of neglect;
• Psychological abuse;
• Direct or indirect exposure to domestic violence;
• Sexual abuse or if the child is at serious risk of experiencing sexual abuse;
• Physical abuse or if the child is at serious risk of experiencing physical abuse;
• If the child has serious behavioural disorders.

The best interests of the child

The concept of the best interests of the child and the respect for their rights form the basis of all decisions made concerning them throughout the duration of the DYP intervention.

The Youth Protection Act does not provide a formal definition of the best interests of the child. However, it outlines broad guidelines that help clarify what constitutes the child’s best interests and guide the various actors involved in the intervention when making decisions.

First, the following factors are taken into consideration:

• The child’s moral, intellectual, and emotional needs;
• The child’s age;
• The child’s health;
• The child’s character;
• The child’s family environment, including the socio-economic conditions in which they live;
• Other aspects specific to the child’s situation;

Next, any decision concerning a child must ensure, among other things:

• Continuity in the care they receive;
• Stability in the child’s relationships;
• That the child’s living conditions are appropriate to their needs.

In case of conflict, differing views on what constitutes the child’s best interests are brought before the Youth Court. It is then up to the judge to determine what is in the child’s best interests based on the evidence presented.

Your Rights

The Youth Protection Act not only regulates the intervention of the DYP but also establishes rights for the child and their parents. Here are some of them:

• The child and their parents have the right to be treated with courtesy, fairness, and understanding;

• The family’s cultural characteristics must be taken into account by the various professionals involved, especially if the family belongs to an Indigenous community;

• The right to be informed and consulted throughout the DYP intervention;

• The right to consult with and be represented by a lawyer;

• The right to challenge the decisions of the DYP;

• The right to be heard, including before the Youth Court;

• The right to be assisted by a person of their choice when meeting with the DYP;

• The right to receive adequate health and social services;

• The child has the right to receive appropriate educational services;

Reporting to the DYP: The Purpose of the Intervention

The DYP intervenes only based on reports it receives.

Anyone with concerns about a child’s situation can report to the DYP, especially professionals who provide care or services to children (doctors, healthcare workers, teachers, police officers, etc.).

These various professionals are required to report if they have reasonable grounds to believe that a child is in a compromised situation.

In all cases, anyone who has reasonable grounds to believe that a child’s safety or development is at risk due to sexual or physical abuse—or the risk thereof—must report the situation to the DYP.
The identity of the person making the report is kept confidential.

In short, without a report, the DYP cannot intervene.

Retention of the report

Upon receiving a report, the DYP conducts a preliminary assessment of the situation and determines whether the report should be accepted or not.

If the DYP does not accept the report, the intervention ends, but services and resources may still be offered to the child and their family.

If the DYP accepts the report, it initiates an investigation and then carries out a more comprehensive assessment of the child’s situation.

Additionally, the DYP may take measures to protect the child in emergency situations, such as immediate protective actions or requesting a temporary order from the Youth Court.

NOTE: This article does not constitute legal advice or legal opinion. It is provided for informational purposes only to help readers better understand certain aspects related to the intervention of the Director of Youth Protection (DYP) in Quebec. Since every situation is unique, we recommend consulting a lawyer or specialized professional for an assessment tailored to your specific case.