F.A.Q.
Frequently asked questions
F.A.Q.
You need a lawyer skilled in all types of youth protection cases, such as neglect, psychological abuse, domestic violence, sexual abuse, physical abuse and serious behavioural disorders. The lawyer is experienced in working with abducted babies, foster children and troubled teens.
A DYP lawyer focuses their practice on youth protection litigation. Some lawyers have a varied practice that touches on all areas of law. The specialized lawyer has one main area of practice. They concentrate full-time on cases against the DYP. They devote all their knowledge and energy to these cases. Their career is focused on representing parents against the DYP at the Court of Quebec, Youth Division.
The parents' lawyer assesses the facts of the case, analyzes them and determines the most favorable short-term and long-term solutions. The lawyer develops a personalized plan for the family situation in front of him or her. In the event of a dispute, he or she represents one or both parents in court. The lawyer is also involved in negotiating agreements with the DYP, so as to protect the parent's rights and interests. The parent's lawyer has a duty of loyalty to their client, and therefore to the parent. Their role is not only to advise their clients, but also to protect them. The parent's lawyer assesses the risks involved in the case and provides the parents with the appropriate explanations. He or she is also there to ensure that the parents' rights against the DYP are respected. The DYP does not have all the rights.
There is no one-size-fits-all answer to the question of what is the best defense against the DYP. Every family is unique, and the solution we seek must be tailored and personalized on a case-by-case basis. A good lawyer adopts a tailor-made approach, with a precise, well-thought-out plan, after a thorough analysis of the DYP file.
Winning against the DYP requires solid evidence. The parents' lawyer produces exhibits and conducts testimonies that are both convincing and reassuring for the court. The lawyer is the master of his or her evidence. He or she can subpoena experts. He or she determines what evidence is relevant against the DYP.
The DYP can close the file on its own when it is reassured by the parent that the situation is no longer compromising the child. The judge can also close the DYP file by dismissing the DYP's legal application at the end of a trial.
Many parents report that they read the Youth Protection Act carefully. However, the law is written in general terms. The means of defense are not written in the law. It's important to consult a lawyer who specializes in defending parents against the DYP. A lawyer who does not specialize in youth protection will not be able to propose optimal or winning solutions.
Many people contact the Commission des droits de la personne et de la jeunesse and the Protecteur du citoyen. Some approach provincial elected representatives, as the Youth Protection Act is a provincial law.
Parents' rights are defined in the Youth Protection Act. Among their rights, parents have the right to be consulted, informed and respected. Parents do not have the right to refuse to cooperate with the DYP. Parents do not have the right to remain silent. On the other hand, parents are not obliged to incriminate themselves, in respect of the right to silence in criminal matters.
The DYP intervenes in situations of endangerment as defined in article 38 of the Youth Protection Act. All compromising situations can lead to the removal of a child from a family environment, whether it's abandonment, neglect, psychological mistreatment, sexual abuse, physical abuse or serious behavioral problems.
F.A.Q.
The best way to contest a decision by the DYP is to hire a lawyer specialized in youth protection. The lawyer can then fight the case in court. The Court of Quebec, Youth Division, has the role of ruling on disputes between the DYP and parents or children.
The DYP has significant powers under the Youth Protection Act. Among other things, it can evaluate a reported situation, retain a complaint, propose voluntary measures, take a case to court, and much more. It can intervene immediately without going to court (immediate protective measures). It can submit an application for provisional measures (urgent application to the court). It can visit the home, the school, the daycare and more. It can interrogate parents, children, school, daycare and others.
Case law influences the judge who renders judgment in your youth protection case against the DYP. During the closing arguments, the youth protection lawyer representing the parents against the DYP can convince the court to rule against the DYP 's recommendations. In short, youth protection case law helps the courts to make an informed decision in accordance with the applicable law.
The identity of the person reporting is protected by the Youth Protection Act. The person making the report is therefore confidential. However, many people who make reports to the DYP in youth protection cases come forward of their own accord. Otherwise, by logical deduction based on the facts of the case, it is possible to make a probable hypothesis as to who made the report to the DYP. In most cases, youth protection reporting is done by: family members, one of the parents, ex-spouses, neighbors, school, daycare, hospital and clinic staff (doctors, nurses, etc.), social workers and the police.
A lawyer against the DYP becomes indispensable when the stakes for children are serious, such as: placement of the child in foster care, placement in a rehabilitation center, placement until age 18, introduction of supervised visits by the DYP, suspension of contact between parent and child, and other situations of equivalent seriousness.
It is possible to file a civil suit against the DYP. However, the chances of success are low because of the immunity provided for in the Youth Protection Act. The DYP benefits from immunity for acts performed in good faith. Mistakes are not always punished, even when they are recognized.
When you qualify for legal aid, costs range from zero dollars to a few hundred dollars if you qualify under a contributory component requirement. If you are not eligible for legal aid, you can hire a youth protection lawyer in private practice. Some lawyers charge a flat fee, while others bill on an hourly basis. Hourly rates generally range from $100/hr to $900/hr. The rate depends on the complexity of the dispute against the DYP and the level of specialization and experience of the youth protection lawyer.
A report must be made to the DYP when the security and/or development of a child or adolescent is compromised within the meaning of the Youth Protection Act, for example in cases of abandonment, neglect, psychological ill-treatment, sexual abuse, physical abuse, and serious behavioural problems when the parents are unable to put an end to the compromised situation.
The DYP summons parents to court within 48 hours in an emergency quite frequently in youth protection cases. Therefore, when you feel that the DYP is about to file an application with the court, you should seek a lawyer without delay. You don't want to wait for the DYP to summon you, because lawyers' schedules are full. You want to meet your lawyer as soon as possible and secure a place among his or her availabilities. Delay can be very damaging. It's difficult for parents to represent themselves in court against the DYP in matters of youth protection. A lawyer can advise you and help you avoid making irreparable mistakes.
It's important to remember the Quebec Charter of Human Rights and Freedoms. In addition to the rights of parents under the Youth Protection Act, parents also have rights under the Quebec Charter. For example, under section 4 of the Quebec Charter, parents have the right to the safeguard of their dignity and reputation.
F.A.Q.
In youth protection cases against the DYP, parents have the right to represent themselves alone. Legal representation is not mandatory. Legal representation is a choice. Parents can read the following laws and legislations: the Youth Protection Act, the Civil Code of Québec, the Code of Civil Procedure of Québec, the Criminal Code and the Charter of Human Rights and Freedoms. However, reading the law is not the same as understanding the law. Reading the law is different from applying the law correctly. It's important to remember that lawyers have a university degree in law, as well as a professional training at the Bar School. Yet understanding youth protection law requires solid experience at the Court of Quebec, Youth Division. The practice of law goes beyond legal theory.
To request a review of a youth protection judgment against the DYP, parents must bring to the attention of the Court of Quebec, Youth Division, significant new facts since the last judgment rendered by the Court. The new facts, which are major and therefore significant, give grounds for an application for review. Consult a youth protection lawyer who specializes in defending parents against the DYP to find out your chances of success in an application for review.
First and foremost, the right to appeal is not the right to a second chance to redo one's trial when one is not satisfied with the result. The right to appeal exists for errors of law and errors of law mixed with facts. The Court of Quebec must have made a mistake of law to open the parent's right of appeal against the DYP to the Superior Court. The Superior Court is the competent court to hear appeals from decisions of the Court of Quebec, Youth Division. Consult a youth protection lawyer who specializes in defending parents against the DYP to find out your chances of success in an appeal.
Yes, in the case of immediate protection measures under the Youth Protection Act. However, the DYP will have to go before the judge after the immediate protection measure. You will be heard by the court shortly thereafter.
When the DYP deems it necessary to obtain a judgment quickly, for example, when it can't wait for the trial on the application for protection that will take place later, the DYP will ask the Court of Quebec, Youth Division, to issue provisional measures, which are temporary measures pending the trial.
No. If your lawyer comes to your meetings with the DYP, he or she may be subpoenaed as a DYP witness at your trial. If your lawyer is a DYP witness, he or she cannot represent you in court. He or she becomes the plaintiff's witness. A lawyer cannot be a witness for the DYP and be the parent's legal representative against the DYP in the same trial.
A pro forma court date in youth protection with the DYP is a court date for form's sake. Usually, during the pro forma, the parties set a trial date. Sometimes, the pro forma is used to clarify matters. Sometimes, the pro forma is used to file a draft agreement with the DYP. It all depends on the judicial district and its practices. In all cases, the pro forma is not the trial on the merits.
Yes. The DYP is often successful in the legal applications it files with the Court. What's more, the DYP often obtains written and signed consents from parents, resulting in judgments that are in line with the DYP's requests.
No. Your lawyer is not a witness in your youth protection case against the DYP. Your lawyer is your legal representative. You must testify if your lawyer advises you to do so. However, your lawyer can help you prepare your testimony, thereby reducing the stress associated with testifying.
Good testimony is first and foremost legally relevant. It's important to avoid thinking of testimony as a form of verbal autobiography in which you recount your entire life. Good testimony focuses on the legal issues at stake in your case before the Youth Protection Court against the DYP. A good witness is sufficiently spontaneous, 100% sincere and, as a whole, natural. A good witness is prepared to testify. Preparation is important in the structure of the testimony. Avoid being robotic; you'll lose credibility. Avoid improvising, as you'll be rambling and irrelevant. Beware of cross-examination by the opposing party. Ask your lawyer to advise you.
F.A.Q.
The parents' right of refusal will initiate a dispute before the Court of Quebec, Youth Division. When the parent refuses, the DYP will refer the matter to the court for a ruling on the issues in dispute (the disagreements). Once the judgment is rendered, it has the force of law between the parties and must be complied with. The court can therefore rule in favor of the DYP and issue orders to the parents to cooperate with the DYP, among other things. That said, it's worth consulting a lawyer to try to maximize your chances of success in court, and to protect your rights among the possibilities offered by youth protection law.
Case law can be found on search engines such as CAIJ, SOQUIJ, Lexis Nexis Quicklaw and West Law, among others. It's worth noting that case law is generally favorable to the DYP. Decisions in favor of parents are rarer. Decisions favorable to parents are hard to find, since they are not abundant. Consult a lawyer specialized in youth protection against the DYP to maximize your efforts in presenting case law in court.
The DYP never has no evidence in court. The DYP always has documentary evidence (exhibits and social work reports) and testimonial evidence (testimonies from social workers and other collaborators). Parents can also submit exhibits and call witnesses. The court will decide the dispute on the balance of probabilities (which, according to the court, is 51% correct). The DYP does not have the burden of proving anything beyond a reasonable doubt, as is the case in criminal law. Youth protection law is different. The DYP only has to present probable evidence to win the case.
Contact the following resources: the legal information clinics in Quebec universities, the Bar school legal information clinics, the Boussole Juridique, the Centre de proximité de justice offices and the legal aid offices. Many resources are free, regardless of your income.
First and foremost, no. You should trust your DYP worker and work together with him or her. This will help you in the courtroom. The Court will not tolerate a lack of cooperation with the DYP. You'll find out the hard way if you don't follow our advice on working together with the DYP. Despite the media scandals, it's important to keep in mind that not all cases are like those reported. You could come across some very good workers. If the DYP doesn't respect the law, your lawyer will take care of you. There's no need to be suspicious. Your lawyer will take care of all your rights.
If you don't want to work with the DPJ, you have to change your strategy. Your strategy is losing. You want a winning strategy. The courts are tough on parents who don't cooperate with the DPJ. Their dissatisfaction is clear. This obligation is in the Youth Protection Act. You could receive a formal notice under section 134 of the Youth Protection Act from the DPJ. You could be fined between $250 and $2,500. In practice, fines are not common. What is common, however, is to look bad in court if you don't cooperate. You want to make a good impression in court, to increase your chances of success.
At a hearing on an Application for Provisional Measures by the DPJ, in the Court of Québec, Youth Division, the DPJ will have to prove either the necessity, or the risk of serious harm, or both. All in all, the hearing goes quickly. The courtroom is a high-volume room, with a large number of files. The court doesn't have all day to hear you specifically. Several families have to be heard. The evidence is summary and rapid. The court will issue a temporary decision (order for provisional measures). You will have the opportunity to return to court at a later date for your trial on the merits. At your hearing on the merits, you will have the opportunity to present a more complete case, but you must ask for a reasonable amount of time to present a complete case.
No. Once the case has been accepted as founded, the DPJ will choose an orientation for the file. The fact that you filed the report does not change the fact that the DYP has chosen to remain involved following your report. On the other hand, if you succeed in reassuring the DYP, she may eventually close the file on her own.
It all depends on the region. We have youth protection women directors and men directors throughout Quebec.
Occasionally, the DYP may omit important information from the report. In the event of litigation, you will have the opportunity to testify in court to add to or contradict other elements of the report. You'll have the opportunity to submit evidence. If you think you've been misinterpreted in a DPJ report, you can respectfully submit it to the DPJ and ask them to make a few changes. If the DYP refuses, remain calm. You'll have your say in court later. You'll have the right to tell your side of the story at your court hearing.
F.A.Q.
Please note! It is important to distinguish between the obligation to cooperate in the essence of the Youth Protection Act (article 134 b) Y.P.A.) and the signing of an agreement with legal consequences with the DPJ. You must make yourself available to the DPJ and engage in respectful conversations; otherwise, the court will be dissatisfied and will issue the necessary orders against you. However, the obligation to cooperate does not imply agreeing with the DPJ on all points of law or on all of the DPJ's allegations. I encourage my clients to cooperate, because this cooperative attitude helps significantly in court afterwards. However, under no circumstances should you sign a document with serious legal consequences without the review, advice and approval of your lawyer.
When an agreement on voluntary measures is signed, or when the court has issued an order, the DPJ has a duty to provide help, counsel and assistance to the family. If children and parents are left to themselves, in contravention of section 8 of the Youth Protection Act, you are invited to consult a lawyer to check the possibility of initiating proceedings for a declaration of violation of children's rights under section 91 of the Youth Protection Act, last paragraph, so that the court can order corrective measures.
First of all, it's important to know that the person you're working with is a person authorized to act on behalf of the DPJ under the Youth Protection Act. The DPJ chooses the authorized persons, not you, not even the court. However, you have the right to make a polite suggestion to the DPJ to change the worker. The DPJ can refuse or accept. The courts do not intervene in the choice of the person authorized to act on behalf of the DPJ, except in rare cases, when they may issue a recommendation.
In the penultimate paragraph of section 91 of the Youth Protection Act, it is written that the court may authorize the continuation of personal relations between the child and his parents, grandparents or another person. Verify your rights and your chances of success with your lawyer. In some situations, relatives will have contact rights; in others, unfortunately, they will not. Consult your lawyer.
Check with your lawyer to see if section 38.2 of the Youth Protection Act is applicable to your particular family situation. This section may be able to help you in court.
Yes, if your child is mature enough to understand what telling the truth is and to understand what he or she wants in court. The decision is made between the child and his or her lawyer. The lawyer determines the child's level of understanding and maturity. Age is just one indicator. If the parent wants his or her child to testify, he or she can ask the child to do so. In practice, in youth protection, the other lawyers (DPJ or child) can ask the court to dispense with the child's testimony. If the court grants the dispense, the child will not testify. Children don't often come to testify. Adolescents come more often, especially when they demand it, because their lawyer can't refuse them.
In the greater Montreal area, the waiting period for youth protection is several months, sometimes close to a year, depending on the anticipated length of the trial. If we need a trial lasting three consecutive days, we'll have to wait longer than if we need a 2-hour trial.
In youth protection, the grandparent can consult a lawyer to assess his or her chances of success in a court application to become a party to the proceedings, in the same way as the father and mother.
People authorized to act on behalf of the DPJ may include human relations agents, criminologists, psycho-educators and social workers. The DPJ decides which people are authorized to act on its behalf.
In most cases, you cannot request a change of judge. To change judge, you need to meet the criteria for a request for recusation set out in the Code of Civil Procedure.