The Director of Youth Protection (DYP) protects children when their safety and/or development is at risk and is responsible for enforcing the Youth Protection Act. The DYP will often be advised of a problematic situation by telephone, and this is known as a flag, or in French, “un signalment”. In order to assess the child’s living situation, a confidential report is made to the DYP.
The DYP will intervene if a child has been physically or sexually abused, or if they are at risk of being abused, the DYP will also intervene if a child has been abandoned, neglected or at risk of neglect, or has run away. Emotional abuse and/or the child’s own behaviour issues are other reasons for the DYP intervention.
The DYP has offices across Quebec, and it gets involved when a child’s safety is at risk. When you suspect that a child is being mistreated or have witnessed a situation that is cause for concern, you can report it to the Director of Youth Protection. For example, if you believe that a child is being subjected to physical, psychological, sexual or any other form of abuse, it should be reported. You do not need to be certain that there is a problem in order to report it.
Once you call or write to the DYP office that is closest to you, a social worker will intervene to evaluate the situation. They will ask for the child’s name, age, and the names of their parents and a description of the situation.
Further, healthcare professionals and teachers have a duty to report any situation where a child’s safety or development is at risk. Such situations include neglect and psychological abuse.
Once the Director of Youth Protection receives all the information, they will decide if it needs to be investigated further. If they determine that the situation does require further investigation, they will keep the report for two years. However, the identity of the person reporting will remain confidential. Furthermore, if the person that called to report is asked to testify later, their identity remains confidential that you reported.
When deciding to intervene, there are many different factors that the DYP will consider such as the child’s age, the severity of the situation, and the parent’s ability to protect the child. There are different measures that the DYP can take to protect a child if it decides to intervene. It can come to an agreement with the family that involves meeting with a social worker periodically. The DYP can also ask the court to take specific measures to protect the child’s safety.
The DYP can also immediately remove a child from their environment are are living if they are alerted of an urgent situation. This emergency measure can last for a maximum of 48 hours. However, at the end of the 48-hour period, a provisional agreement can be reached with the parents to extend it for up to 30 days. The DYP must take the matter to court if the parents or the child who is 14 years old or older refuses the provisional agreement.
During the DYP’s intervention, the child and their parents have the right to be consulted and informed. They also have the right to have their point of view heard as well as the right to be supported by a person of their choice when meeting with the DYP. It is also important to note that the child will have access to free legal aid.
The role of the lawyer assigned is to ensure that they understand their mandate from their client, so they can inform the court what their client wants.
https://www.quebec.ca/en/family-and-support-for-individuals/childhood/services-youth-difficulty-families/youth-protection/steps-taken-by-the-dyp-when-a-situationisreported#:~:text=The%20Director%20of%20Youth%20Protection%20(DYP)%20must%20intervene%20to%20protect,or%20%E2%80%9Cmaking%20a%20report%E2%80%9D
https://educaloi.qc.ca/en/capsules/role-of-the-director-of-youth-protection/
https://educaloi.qc.ca/en/capsules/child-protection-how-to-report-a-situation-to-the-dyp/
https://www.quebec.ca/en/family-and-support-for-individuals/childhood/services-youth-difficulty-families/youth-protection/director-of-youth-protection-dyp
https://www.legisquebec.gouv.qc.ca/en/document/cs/p-34.1
