Request health services or social services for a child without the other parent’s consent due to a situation of sexual, spousal or family violence

You may request health services (like health care) or social services for your children without the other parent’s consent, due to a situation of:

• sexual violence;
• spousal violence;
• family violence ^{Read the content of the note 1} . 

For your child to receive these services, you must first obtain an attestation from a designated public servant or public officer, in other words a prosecuting attorney working for the Directeur des poursuites criminelles et pénales. You must then forward your attestation to the person, the clinic or the institution from whom you are requesting services for your child. The professional you consult must establish that the care required is a result from the situation of violence and that the health or social services are offered to your child.

These services must be recognized by the Minister of Justice. Moreover, your child’s need must be a consequence of violent situation. 

You can obtain this attestation even if you have not filed a police report.

Learn more about the attestation here

You do not need attestation if your child:

• is 14 years old or older because he can consent to treatment;
• needs urgent care or care required by his or her state of health, for example following a serious injury.

Serious injuries include:

• a fracture;
• a wound;
• an amputation;
• a sprain;
• a burn;
• head trauma;
• a lesion.

In any of these cases, you should go to the emergency department.

Does your child need other care or services? If your child is under the age of 14, you can request an attestation from a public officer in one of these 2 situations:

• The other parent refuses to give consent.
• It is not safe for you to obtain the other parent's consent.

The services requested must be services recognized by the Minister of Justice.

1^st step: complete the attestation request form

You need to fill out all the sections of the attestation request Form (online form) (PDF 819 Kb).

If needed, you can obtain a printed version of the form at one of these locations:

• a police station;
• a point of service of the DPCP (in French only);
• a Crime Victims Assistance Centre (CAVAC);
• a Quebec Coalition of Sexual Assault Help Centers (RQCALACS);
• a Women’s Shelter for women victim of spousal violence (in French only);  
• a health and social services establishment (hospital, youth centre, etc.).

The “Oath or Solemn Affirmation” section of the form must be completed and signed by you and a commissioner for oaths. Here us the list of individuals authorized to administer the oath:

• Commissioner for oaths;
  • Search for a commissioner for oaths
• Clerks if a court of justice, assistant clerks, and justices of the peace;
  • Find the courthouse you need to go to
• Mayors, municipal councilors, and clerks or treasurers of a municipality;
• Lawyers and notaries

2^nd step: gather all the necessary documents

In addition of the attestation request form, you also have to provide:

• a copy of the birth certificate for the child covered by the application, or any judgment establishing filiation between you and the child;
• a copy of 2 pieces of photo identification issued by the Government of Quebec, the Government of Canada or the government of another country, which validate your identity;
• one of the two following documents:
  • a copy of your police report or the name of the police force that intervened in your case (e.g. Sûreté du Québec);
  • a document (e.g., a letter) in support of your request from someone related to you or with your child.

The individual related to you or to the child can be:

• your doctor;
• a professional who has previously provided services to you or your child (psychologist, psychiatrist, pediatrician, etc.);
• a person working for an institution in the health and social services network (hospital, youth centre, etc.);
• a worker from a victim assistance service such as a CAVAC, CALACS or shelter.

3^rd step: send your documents to the DPCP

To obtain your attestation, send all 4 documents to a DPCP point of service close to your location or deliver them in person.

A public officer will then process your request.

4^th step: forward the attestation

The attestation you receive will have an expiry date.

The expiry date is specified in the document. It occurs 45 days after the attestation’s date of issue.

This means that, once you receive the attestation, you have 45 “calendar days” to

• request recognized services for your child;
• place your child on a waiting list for such services.

You should forward the attestation as quickly as possible to the person, clinic or institution that will provide the services.

A person providing services must belong to a professional order (psychologist, physician, etc.) or be a caseworker for a psychosocial support service.

The member of the professional order or the caseworker must analyze and determine the following: (1) if the needs of your child result from the situation of violence and (2) if the health and social services requested are offered to your child. 

The health or social services provided for your child may begin or continue after the 45‑day time limit, as long as you requested the services or placed your child’s name on a waiting list within the time limit.

If you do nothing, the attestation will expire, and you will have to apply for a new attestation.

The public official will process your request rapidly.

This person may ask to meet with you. He or she may also communicate with a person or a professional in contact with you to obtain additional information.

If the public officer refuses to issue an attestation, you will receive a document entitled Refusal of Attestation. If needed, you can question the public officer about the refusal.

If you have any questions, contact a point of service of the DPCP (in French only) to reach a public officer.

List of criminal and penal prosecuting attorneys designated as public officers (PDF 207 Kb) (in French only)

The attestation is no longer valid following the expiry of the period for filing an appeal against a judgment:

• declaring that the other parent has lost his or her parental authority;
• setting out the rights and obligations determining each parent's parental authority.

The attestation also loses its validity if the person or institution providing the services determines that they should not or should no longer be provided to the child.

The attestation is no longer valid if it has not been used within 45 days of the date of issue

• to request services;
• to place the child on a waiting list.