Law on the protection of youth (Quebec)

The Loi on the protection of youth was adopted by the National Assembly of Quebec on December 24th 1977. The beginning of its application, on January 15th 1979 gave place to the creation of the Direction of the protection of the youth now integrated in the Centres youth of Quebec.

The Loi on the protection of youth establishes the rights of the children and the parents and the guiding principles of the social and legal interventions as regards protection of youth with the Quebec. She entrusts the application of measurements which she puts of before at a Director of the protection of youth. The Director of the protection of youth discharges his mandate by authorizations. The Law defines the capacities, roles and functions of the authorized people. It is the administrative structure of the teams and services made up people working under the authority of the Director of the protection of youth that one commonly calls the Direction of the protection of youth.

History

Former laws

Before 1800, one generally regards the family as alone person in charge of the children and charity like an private affair not having to be the subject of an intervention of the State. With industrial development and urban, the Québécois State is brought to imply itself more. It poses other precursory legislative acts of the current system of protection of youth. In 1869, the “ Loi concerning the industrial schools ” is regarded as the first to enact measures to the interest of the child. In 1921, private initiatives being increasing, the “ Loi of the public assistance ” poses the State like a partner who support financially by subsidies establishments often managed by the religious communities. In 1944, a first “ Loi of the child welfare ” is voted but does not enter into force, amongst other things because of resistances to the intrusion of the State in the field of the child welfare. He succeed in 1951, the “ Loi on the protection of the youth ” which founds a legal system of protection. This law concerns the children “exposed to moral or physical dangers” (Article 15) (“Manual of reference on the protection of youth”, p. 108), that is to say the children whose parents are considered to be unworthy, the orphans, the illegitimate or hybrid children, the children exposed to the delinquency or those who are unverifiable and which presents serious emotional disturbance. Any person in authority can lead the child in front of a judge of the Court of the social wellbeing, which inquires and which returns a decision in the interest of the child, without right of call. This system framed the interventions as regards child welfare until their revision with the adoption of the current law.

Amendments

Since its adoption in 1977, the “ Loi on the protection of youth ” was amended in 1984 and 1994 and 2006.

From 1979 to 1984, under the terms of articles 38 and 40, the Law respectively concerns the minors of which safety or the development seemed or was compromised and the 14 year old minors held responsible for an infringement with a law or a payment in force in Quebec. Its revision is forced by the adoption, in 1982 of the “ Loi on the young contraveners ” by the Canadian government. The coming into effect of the amendment, in April 1984, is done at the same time as the beginning of application of the “ Loi on the young contraveners ”. The provincial Director envisaged with the latter is, in Quebec, the Director of the protection of the youth which cumulates the two functions.

Between 1984 and 1994, several legislative events, amongst other things the reform of the judicial courts, modifications with the “ criminal Code ”, new “a Criminal procedure code ”, a news “ Law on the departments of health and the social services ”, new “a Civil code of Quebec ” like several reports/ratios of groups of study on the services with the children and the parents order the amendments of 1994. Those aim bringing precise details, insisting on the importance of the engagement of the parents and at harmonizing the “ Loi on the protection of youth ” with these other laws.

The adopted amendments on June 14th 2006 do not call in question the great principles of the “ Loi about the protection of youth ”. They introduce maximum durations of placement, in order to ensure the child, by taking account of its age, if his/her parents cannot restore their roles, a stable life plan and a continuity of its bonds of attachment. They rather support the voluntary approaches than legal. They reduce the legal procedures to reduce the deadlines. They insist on respectful conduits of the rights of the young people, to hold when measurements theirs are imposed.

General principles

Warning : What follows is pressed on the up to date legal text at November 6th, 2006 but the final text remains to be published and it will be accompanied by payments. The article will be re-examined consequently.

A Law for exceptional situations

The “ Loi on the protection of youth ” applies in exceptional situations. This character of exception rises from its general principles, in particular and in summary:

Primacy of the responsibility for the parents to assume the care, the maintenance and the education of their child.

The participation of the parents and the implication of the community with measurements taken to put an end to the situation compromising.

Decision making in the interest of the child and the respect of his rights.

The maintenance of the child in his family circle or, when it is impossible, the continuity of the care and the stability of the living conditions appropriate with its needs and its age.

Treatment of the child and his parents with courtesy, equity and comprehension; the insurance which they are well informed and include/understand well; diligence; the choice of the resource in the vicinity, the taking into account from their points of view and the cultural characteristics of their community.

Right to the services of a lawyer, right of refusal, right to adequate services, right to the confidentiality and confidential communications.

Reasons for compromising

The “ Loi on the protection of youth ” elects the Director of the protection of youth to intervene when one announces a situation to him where there could be compromising of the safety or development of a child.

According to article 38 of the Law, “… the safety or the development of a child is regarded as compromise:

a) if his/her parents do not live any more or does not assume of it a fact the care, maintenance or education;
b) if its mental or emotional development is threatened by the absence of suitable care or by the insulation in which it is maintained or by an emotional rejection engraves and continuous on behalf of his/her parents;
c) if its physical health is threatened by the absence of suitable care;
d) if it is private material conditions of existence appropriate its needs and to the resources of his parents or those which have the guard of it;
E) if it is kept by a person whose behavior or lifestyle is likely to create for him a moral or physical danger;
F) if it is forced or encouraged to beg, to do a disproportionate work with its capacities or to occur in spectacle in an unacceptable way have regard to its age;
G) if it is victim of sexual abuses or is subjected to physical ill treatments in consequence of excess or of negligence;
H) if it expresses disorders of serious behavior and that his/her parents do not take the means necessary to put an end to the situation which compromises the safety or the development of their child or do not reach

that point

However, the safety or the development of a child is not regarded as compromise although his/her parents do not live any more, if a person who holds place of it assumes in fact the care, the maintenance and the education of this child, taking into account its needs. ”

According to article 38.1 “… the safety or the development of a child can be regarded as compromise:

a) if it leaves without authorization its own hearth, a family of reception or an installation maintained by an establishment which exploits a center of readjustment or an hospital whereas its situation is not dealt with by the director of the protection of youth;
b) if it is of school age and does not attend the school or frequently goes away some without reason;
c) if his/her parents do not discharge obligations of care, maintenance and education which they have with regard to their child or do not deal any with stable way, whereas he has been entrusted to an establishment or a family of reception for one year. ”

(Government of Quebec, the Law on the protection of youth , 2006)

Application of the Law

The description

According to article 39, any professional, or very employed of an establishment, teacher, police officer, who has “a reason reasonable to believe that the safety or the development of a child is or can be regarded as compromise (…) is held to announce without delay the situation with the director. Any other person who has reasons reasonable to believe that a child is “victim of sexual abuses or is subjected to physical ill treatments” (Article 38 G) is also held to announce without delay, whereas for all the other reasons for article 38, it can announce the situation to the director.

Following the reception of a description, the Director of the protection of youth decides if this description is admissible and so emergency measures are essential. If the description is admissible, an evaluation of the announced situation is to be carried out.

Emergency measures, evaluation and orientation

So emergency measures are essential, (art 45) the Director can withdraw the child of the medium immediately, for one 24 hours period. If the parents or the child oppose these measurements, the director must subject the case to the court as soon as possible.

With or without emergency measures, a description selected is evaluated. In all the cases, the child and the parents must be informed conclusions of the evaluation. If she concludes that the facts are not founded, or that they exist but that the safety or the development of the child is not compromised, the file is closed. If she concludes that there is compromising, the director takes the situation in load. He supports the adhesion of the parents and the child of more than 14 years, with the agreement on voluntary measures written that he proposes. (Article 51) In this agreement the director can put forward one or more measures defined in article 54. So in the 10 days, no agreement intervenes with the parents and the child of more than 14 years, or if they refuse any measurement to correct the situation, the director must seize the court.

Room of youth

In addition to the decisions to the emergency measures or the temporary measures that a judge of the Room of youth can return in a situation, when a request in protection is subjected to him, article 91 of the law defines various measurements which it can order. In an appearance in Room of youth, the parents and the child have the right to be represented by lawyer. When a judge emits an ordinance, it is the Director of the protection of the youth which is elected to offer the services and to make sure of the respect of the ordinance. There exists recourse in call of a decision of the Room of youth in Superior court.

Revision

A reviser, under the immediate authority of the Director of the protection of youth, gets informed periodically about the evolution of the situation of any child dealt with. (Article 57) It must then decide if the safety or the development of this child is still compromised and of the measures to be taken. (Article 38 or 38.)

Commission of the rights of the person and the rights of youth

The Commission of the rights of the person and the rights of youth (art.23) has a capacity of investigation, means legal and recommendations if it has reason to believe that the rights of a child or a group of children were injured.

References

Law on the protection of youth , Government of Quebec, 1994
Law on the protection of youth , Government of Quebec, 2006 Manual
of reference on the protection of youth , Government of Quebec, 1998

External bonds

Association of the Centers youth of Quebec

Ministry for the health and the social services of Quebec

Commission of the rights of the person and the rights of youth

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