Steps taken by the DYP when a situation is reported

The Director of Youth Protection (DYP) must intervene to protect a child in situations where their security or development is in danger.

Such situations are usually brought to the attention of the DYP by telephone. This is known as a "report". A report is necessary for the DYP to intervene with a child and their family.

There are several stages in the DYP's intervention. Depending on its analysis of the situation, the DYP may decide that the child is not in need of protection, but that the child's parents and the child are in need of services, i.e., that they are experiencing difficulties that require assistance from a community resource. In this case, the DYP will end their intervention and guide the family towards the appropriate services.

The steps taken by the DYP when a situation is reported are as follows:

• Step 1: The report is received and processed
• Step 2: The child’s situation is assessed
• Step 3: Protective measures are determined
• Step 4: Protective measures are applied
• Step 5: The situation is reviewed
• Step 6: The intervention is brought to an end
• Step 7: The DYP acts as liaison with resources

When the DYP receives a report, it begins with a brief analysis of the situation. It may carry out additional checks with the people and professionals around the child, or with the child themself and their family, in order to decide whether or not to accept the report for evaluation. This information is used to determine the degree of urgency of the intervention.

The report is rejected

Depending on its analysis, the DYP may decide that the report should not be retained. The DYP then terminates the intervention. Even if a report is not retained, the child or parents may still need help. The DYP is responsible for informing them of the resources available in their community. If the parents and child agree, the DYP must also put them in touch with these resources.

The report is accepted

If the DYP decides to accept a report, they do a more in-depth assessment of the situation, according to the priorities it determines.

In its evaluation, the DYP must take into account the following elements:

• The nature, gravity, persistence and frequency of the facts reported
• The child’s age and personal characteristics
• The parents’ ability and willingness to correct the situation
• The community resources available to help the child and their parents, e.g. significant people, professionals and organizations involved with the family.

After assessing these factors, the DYP determines whether or not the child’s security or development is in danger and whether or not to continue their intervention.

Immediate protective measures

If the child is in urgent need of protection, the DYP must take immediate protective measures. These measures apply for a maximum period of 48 hours. At all times, the DYP must seek the participation of the child and their parents and consult them on possible options for action.

Depending on the situation, the DYP may decide, for example:

• To remove the child from their family
• To place the child in the care of a family member, foster family or rehabilitation centre
• To limit contact between the child and their parents or with other people

If measures are still required at the end of the 48-hour period, the DYP may propose that they be continued.

With the agreement of the parents and the child aged 14 or over, the DYP can reach a provisional agreement that may extend the protective measures for up to 30 days.

If the parents or the child aged 14 or over do not or no longer agree with the proposed measures, the DYP must submit the matter to the Youth court. The court will decide what measures are required.

If necessary, immediate protective measures may be applied at any time during the DYP’s intervention.

The child’s security or development is not in danger

The DYP may determine that the child’s security or development is not in danger. The intervention is brought to an end. However, the parents or the child may still need help. The DYP must provide them with information about the resources available in their community that can help them. If the parents and the child agree, the DYP must also put them in touch with the appropriate help resources.

The child’s security or development is in danger

If the DYP believes that the child's security or development is compromised, it must continue its intervention to support the child and their family and make sure the child receives the protection to which they are entitled.

If the DYP establishes that the child’s security or development is in danger, they must determine what measures must be taken to protect the child and help their parents correct the situation.

At this point, the DYP has 3 options:

• Propose an agreement on short-term intervention
• Propose an agreement on voluntary measures
• Go to court

The DYP can provide the parents with the help they need to protect their child with their consent and cooperation. The parents can reach an agreement with the DYP on the application of voluntary measures if they (and the child if they are 14 years of age or over) agree with:

• The DYP’s decision that the child’s security or development is in danger
• The measures proposed by the DYP to correct the situation

This agreement includes:

• A written commitment by the parents, the child (if they are 14 or over) and the DYP
• A description of the situation
• The measures to be taken to correct the situation
• The duration of the measures

The term of the agreement on voluntary measures can be up to 12 months. When the agreement comes to an end, the DYP reviews the situation. In some cases, the agreement can be renewed or modified.

If the agreement is respected, the court’s intervention is not necessary.

The child’s situation must be referred to the court in certain situations, for example:

• If the DYP considers that an agreement on voluntary measures is not possible
• If the parents do not think that their child’s security or development is in danger
• If the parents and the child aged 14 and over do not agree with the measures proposed by the DYP to correct the situation

In these cases, it is the court that decides whether the child's safety or development is compromised. The court makes its decision after hearing the parties to the case, including the child, the parents and any other persons involved, if required.

If the court establishes that the child’s security or development is in danger, it must also determine:

• What measures will be needed to correct the situation
• How long the measures will be applied for

This is called a “court order”.

Once there is an agreement on voluntary measures or a court order has been issued, the parents and the child meet with a youth protection caseworker on a regular basis. The caseworker helps them apply the protective measures and intervention plan needed to correct the situation.

Placement in an alternative living environment

When determining protective measures, the DYP or the court favors keeping the child in the family environment, provided this is in the child's best interests. They may decide that it is necessary for the child to live in another environment.

In this case, the DYP or the court examines the possibility of entrusting the child to significant others, such as grandparents or other family members. The DYP assesses the willingness and ability of these people to care for the child. These people generally become kinship Foster Family.

If placing the child with a significant person is impossible or inappropriate, the DYP will choose another alternative living environment based on the child’s needs.

When a child is placed in out-of-home care, the decision as to whether or not they will be returned to their family must be made within a certain period of time. Different periods of time apply depending on the child’s age. They are called “maximum placement periods”.

Intervention plan

The application of protective measures includes an intervention plan. The caseworker prepares the plan with the parents and the child.

The intervention plan sets out:

• The child’s and their parents’ needs
• The objectives
• The means that will be used
• The length of time services will be provided to the child and their parents

Individualized service plan

If help is needed from other resources protective measures may also include an individualized service plan.

These resources work with the parents and the child, as well as with the DYP, to identify the objectives and the services that need to be included in the service plan.

Transition to adulthood plan

In the two years preceding the child's 18th birthday, the DYP must agree with the child on a plan to prepare for the transition to adulthood.

The parents have primary responsibility for their child even if the child’s situation is being monitored by the DYP. Their opinion is important when determining what measures are needed to correct the situation and their involvement is crucial.

The parents must be given a copy of the intervention plan and individualized service plan, if any.

Whether or not the child has been placed, the DYP must periodically review the situation. This step allows the DYP and the family to review the evolution of their situation with the reviewer and the social worker. Following the review, the DYP may decide to:

• Put an end to his intervention if the child’s security or development is no longer in danger
• Propose a new agreement on voluntary measures or refer the situation to the court
• Revise the protective measures chosen

The DYP’s intervention ends:

• If the report is not accepted
• If the child’s security or development is not considered to be in danger or is no longer in danger
• A guardian is appointed
• Following a declaration of adoption
• When the child turns 18

When the DYP puts an end to their intervention, the parents and the child may still be in need of help. If so, the DYP must:

• Provide them with information about the resources available in their community that can help them and tell them how to access them
• If the parents and the child aged 14 and over agree, they must also:
  • Advise them and personally refer them to these resources by making the initial contact
  • Forward any relevant information about their situation to the resource(s) in question
• Accompany the child aged 14 and over to the appropriate resources and hold a meeting with the child and the person providing the assistance

The child and their parents have rights throughout the DYP’s intervention. The main ones are as follows:

• Right to be consulted at every step of the intervention and about potential solutions.
• Right to be informed in appropriate terms by the DYP:
  • what the intervention involves, step by step
  • proposed protective measures to correct the situation
• Right to be heard and listened to by the DYP, the courts and all those entrusted with responsibilities by law.
• Right to the services of a lawyer.
• Right to refuse to abide by certain decisions of the DYP if they disagree with them. In this case, the situation can be referred to the court.
• Right to receive appropriate health and social services in a personalized manner and with the required intensity.
• Right of the child to receive appropriate educational services.
• Right to be accompanied and assisted by a person of their choice if they wish to obtain information or when meeting with the DYP.
• Right to access the child’s record, except in special cases. Parents and the child aged 14 or over may have access to the child’s record. Psychosocial support services are offered to children aged 14 and over who wish to access the contents of their file.