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.
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.