Everything You Need to Know About the Director of Youth Protection (DYP) — Part 2

Immediate Protective Measure: A Temporary and Exceptional Tool

If the DYP accepts the report, it has the authority to apply measures to immediately protect the child for a maximum period of 48 hours, without even requiring authorization from the Youth Court!

The DYP can also apply immediate protective measures at any time during the course of its intervention.

These measures are intended to protect the child when the situation is serious and urgent. This is an exceptional power of the DYP, governed by the Youth Protection Act.

At the end of the 48-hour period, the DYP may request the Youth Court to extend the immediate protective measure for an additional maximum period of five (5) days. The judge will grant the extension only if deemed necessary.

Provisional Measures: Order or Agreement

While immediate protective measures are very short-term, typically lasting only a few days, the DYP may seek to apply emergency measures for a somewhat longer period, generally between one and two months, sometimes longer. Like immediate protective measures, these provisional measures are not permanent.

For the application of these provisional measures to comply with the Youth Protection Act, they must be agreed upon in a provisional agreement or ordered by the Youth Court.

Provisional agreements: A provisional agreement is a contract in which the DYP, the parents, and the child agree to the temporary intervention of the DYP. The duration of this contract cannot exceed 30 days but may be extended for an additional maximum period of 30 days if the parents and child consent.

Signing a provisional agreement is not an admission that the safety or development of the child in question is compromised.

The child and their parents can terminate the provisional agreement at any time if they no longer agree with the intervention or the terms outlined in the contract.

Provisional Orders:

Generally, when there is a disagreement regarding the DYP’s intervention and an urgent need to act, the DYP can request the Youth Court to order provisional measures. The child and their parents are then summoned to the Court.

This is often the first contact the child and their parents have with the judicial process related to the DYP.

Remember, you have the right to be assisted by a lawyer! The Court is responsible for informing you of this right and must also ensure that the child is represented.

At the end of a brief hearing, a judge may order provisional measures if they believe these are necessary for the child’s safety or development. It is the DYP’s responsibility to initially demonstrate this necessity. Then, the child and their parents will have the opportunity to express their agreement or disagreement.

The provisional orders that the Court may issue are similar to those that can be included in a provisional agreement or when an immediate protective measure is applied. Here are some examples:

• That the child be kept within their family or placed with either parent;
• The cooperation of the child and parents with the DYP intervention;
• That the child be placed with others, such as members of the extended family;
• The placement of the child in a rehabilitation center or foster family if the Court deems that returning to or remaining in their family may cause serious harm. The duration of such a measure cannot exceed sixty (60) days.
• The placement of the child in a hospital, depending on the emergency situation;
• That the child attends school or a daycare setting;
• The temporary removal of certain parental authority rights from one or both parents, for example, the authority to sign a passport or give consent for medical treatment;

Any measure ordered by the Court at this stage is temporary. In the vast majority of cases, another court date will be set for a full hearing on the child’s situation. The possibility of longer-term DYP intervention in the family’s life can be discussed during that subsequent court hearing.

A Word About the Youth Court

The Youth Court is a subdivision of the Court of Quebec (the “Youth Chamber”). It is a court of first instance specializing in handling judicial cases involving children and adolescents. The matters most frequently dealt with by the Youth Court include youth protection (DYP), youth criminal justice, and adoption.

Bien que le Tribunal de la jeunesse puisse se prononcer sur des questions en lien avec la famille telles que les modalités de garde d’un enfant, la tutelle d’un enfant ou sur le retrait de certains attributs de l’autorité parentale, il diffère de la Chambre de la famille de la Cour supérieure.

For example, the Youth Court cannot grant divorces or establish child support payments.

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.