Child Welfare in Canada 2000

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Quebec

The Province of Quebec has unique legislative arrangements that influence the delivery of child and family services. Quebec's Charter of Human Rights and Freedoms (Charte des droits et libertés de la personne) , and the Civil Code of Quebec (Code civil du Québec) constitute the framework for the province's justice system. The Civil Code of Quebec is the general law concerning persons and relationships between persons and property. The Charter of Human Rights and Freedoms lays out rules governing relations between citizens and defines fundamental human rights and freedoms. In the context of this report, both acts establish the fundamental principles governing the rights and interests of children and the responsibility and authority of parents.

Administration and Service Delivery

Administration

The Department of Health and Social Services (Ministère de la Santé et des Services sociaux — MSSS) provides prevention, protection, rehabilitation and social reintegration services for Quebec children and their families under three acts.

The Act Respecting Health Services and Social Services (Loi sur les services de santé et les services sociaux — LSSSS) aims to preserve and improve the physical, mental and social capacity of people to function in their communities. It also provides the framework for specialized services throughout Quebec, including child protection services. The purpose of the Youth Protection Act (YPA) (Loi sur la protection de la jeunesse) is to protect children under the age of 18 years from situations that endanger their security or development and to ensure that these situations do not recur. The YPA acknowledges that parents are responsible for supervising their children and providing them with care, support and education. However, the Act also recognizes that the province has a responsibility to intervene when children are in need of protection.

The federal Young Offenders Act (YOA) applies to any person between the ages of 12 and 17 years of age who commits a criminal offence. The Director of Youth Protection has the powers of a "provincial director" as defined under the YOA. Many young offenders are dealt with in youth court; however, under alternative measures, some are required to make restitution to the victim or perform community service under the supervision of a Director of Youth Protection.

The Department of Health and Social Services' role in the area of child protection is to establish program policy, enforce relevant legislation and allocate budgets across all regions. This is done by the Youth, Substance Abuse and Mental Health Directorate, (Direction de la jeunesse, des personnes toxicomanes et de la santé mentale) which is part of the Public Services Branch (Direction générale des services à la population) of the MSSS. The Directorate is responsible for ensuring access to services, directing the delivery of services to the public, ensuring implementation and follow-up of government plans and policies, ensuring liaison with all parties involved in the organization of services, and developing client expertise.

Service Delivery Network

In Quebec, the delivery of services is achieved through a regional and local service delivery system. There are 16 administrative and two northern regions in the province responsible for the overall organization and co-ordination of health and social services, as well as budgetary allocation to organizations involved in service delivery. The LSSSS sets out general directives for the types of services provided by various agencies as part of this regional service delivery network.

Each of the 16 regions in Quebec has a Youth Centre, overseen by a Director General and governed by a Board of Directors. Youth Centres are para-public facilities administered by an independent board of directors established in accordance with the LSSSS and accountable to the MSSS. They deliver the full spectrum of specialized services for youth protection, young offenders, foster care, family mediation and adoption. The Centres also provide rehabilitation services to youth and mothers in difficulty.

The Director General, in consultation with the Youth Centre's Board of Directors, appoints a Director of Youth Protection for each Youth Centre. The Director of Youth Protection (DYP) is responsible for the welfare of children and for young offenders in that region. Although the DYP reports to the Director General, the YPA confers exclusive authority for all matters relating to child protection on the Director. The DYP intervenes in all cases where a child's safety is or may be considered to be at risk, is involved throughout all the related proceedings, and co-ordinates all child protection interventions required within the region. The DYP is accountable under the YPA and may delegate responsibilities and authority to staff of the Youth Centre. The DYP is also responsible for administering significant portions of the YOA in the capacity of a "provincial director" as defined by the YOA , for youth in the region.

Locally-based services are delivered by the 154 Local Community Service Centres (Centres locaux de services communautaires — CLSC) across the province. They provide a range of short-term health and social services, including treatment, prevention, rehabilitation and reintegration. CLSCs may also refer clients to specialized services provided by other institutions, such as Youth Centres.

After Hours

Youth protection services are available 24 hours a day, seven days per week in all regions of Quebec.

Human Resources

Youth Centre staff involved in the delivery of child protection services hold either a university degree in a social sciences field or have completed a college program, usually in social assistance or special education.

Initial and continuous training are not standardized across the province, although a training program is currently being implemented across all Youth Centres. The aim of the program, which is based on the generic and specific skills required of child and youth protection workers, is to standardize basic training for all staff.

Quebec Human Rights and Youth Rights Protection Commission

The Quebec Human Rights and Youth Rights Protection Commission (Commission des droits de la personne et des droits de la jeunesse) is an independent agency that reports to the National Assembly of Quebec.

It is responsible for upholding the principles set forth in Quebec's Charter of Human Rights and Freedoms and to protect the rights of children as defined under the YPA and YOA.

Any person who has reason to believe that the rights of a child or a group of children are being violated may report this belief to the Commission. The Commission investigates situations where it has reason to believe that the rights of a child or a group of children have been violated by individuals, institutions (within the meaning of the LSSSS ) and agencies, unless the matter is already before a court. If necessary during an investigation, a Commission member (or an employee) may seek written authorization from a justice of the peace to enter any place if there are reasonable grounds to believe that a child is, or may be, at risk.

Section 41 of the YPA stipulates that the DYP must notify the Commission in the case of a child who is the victim of sexual assault or who is subject to physical ill-treatment through violence or neglect.

The Commission also acts to ensure that children's rights are respected by providing awareness campaigns to inform the public about the rights of children, by conducting research, and by making recommendations to the Ministers of Health and Social Services, Justice, and Education.

First Nations

Legislation

The YPA does not allow for delegation of authority from a DYP to a First Nations band council or chief. Arrangements can be authorized by the DYP under Section 33 of the YPA for First Nations agency staff to: "perform one or more of his duties, except those listed in section 32". This authority may include investigative and service delivery activities; however, the DYP retains all decision-making capacity.

Sub-section 2.4(5c) of the YPA states that any measures taken under the Act should: "take into consideration ... the characteristics of Native communities".

Administration

In First Nations communities, the YPA is administered by a team, often led by an Aboriginal person trained in social work, located in a Youth Centre or a First Nations agency (depending on the region). The Cree, the Naskapi and the Inuit are included in Quebec's health and social services system under the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement. In the regions covered by these agreements, statutory social services are organized and delivered independently (but according to the YPA ) by a Regional Heath and Social Services Council having a First Nations majority membership. Child and family services are provided to all three Aboriginal communities.

Definitions

Child

Section 1(c) of the Youth Protection Act defines a child as "a person under 18 years of age".

Child in Need of Protection

In Quebec, a child in need of protection is a child whose security or development is or may be considered to be in danger. Under Section 38 of the YPA , "the security or development of a child is considered to be in danger where

1. his parents are deceased or do not, in fact, assume responsibility for his care, maintenance or education;
2. his mental or affective development is threatened by the lack of appropriate care or by the isolation in which he is maintained or by serious and continuous emotional rejection by his parents;
3. his physical health is threatened by the lack of appropriate care;
4. he is deprived of the material conditions of life appropriate to his needs and to the resources of his parents or of the persons having custody of him;
5. he is in the custody of a person whose behaviour or way of life creates a risk of moral or physical danger for the child;
6. he is forced or induced to beg, to do work disproportionate to his capacity or to perform for the public in a manner that is unacceptable for his age;
7. he is the victim of sexual abuse or he is subject to physical ill-treatment through violence or neglect;
8. he has serious behavioural disturbances and his parents fail to take the measures necessary to put an end to the situation in which the development or security of their child is in danger or the remedial measures taken by them fail."

Section 38.1 of the YPA further states that "the security or development of a child may be considered to be in danger where

1. he leaves his own home, a foster family, a facility maintained by an institution operating a rehabilitation centre or a hospital centre without authorization while his situation is not under the responsibility of the director of youth protection;
2. he is of school age and does not attend school, or is frequently absent without reason;
3. his parents do not carry out their obligations to provide him with care, maintenance and education or do not exercise stable supervision over him, while he has been entrusted to the care of an institution or foster family for one year."

Child Abuse and Neglect

Sexual and physical abuse result from actions or omissions that lead to physical injury or trauma or involve exploitation of a child's dependence on a person for sexual purposes. Abuse and neglect are not defined in the YPA ; however, the following working definitions have been paraphrased from the Reference Manual for the YPA.

Sexual Abuse

Sexual abuse is an act committed by a person giving or seeking sexual stimulation inappropriate to the age and development of a child or adolescent. Where the abuser is a blood relative to the victim or is in a position of power or authority with respect to the victim, it is seen as a violation of the child's or the adolescent's physical or mental integrity.

Physical Abuse

Physical abuse refers to actions or omissions toward a child that lead to physical injury and affect the child's mental integrity. Physical abuse can result from violence or neglect. Physical abuse through violence includes acts that cause physical injury or trauma that can have a serious impact on the child's health, development, or life. These acts are unreasonable because they involve force or repetition. Physical abuse through neglect includes chronic qualitative and/or quantitative failure to meet a child's physical needs, or failure by the parents to take the necessary steps to prevent their child from being physically abused by another person.

Legislated Rights of Children

Section 39 of the Quebec's Charter of Human Rights and Freedoms and Section 32 of the Civil Code of Quebec both state that "Every child has a right to the protection, security and attention that his parents or the persons acting in their stead are capable of providing." Section 33 of the Civil Code of Quebec further states that "Every decision concerning a child shall be taken in light of the child's interests and the respect of his rights. Consideration is given, in addition to the moral, intellectual, emotional and material needs of the child, to the child's age, health, personality and family environment, and to the other aspects of his situation".

All decisions made under the YPA must be in the child's best interest and must respect the child's rights. The YPA recognizes every child in Quebec as having the following rights:

• the right to adequate health, social, and educational services (Section 8);
• the right to give or refuse consent if he or she is over the age of 14 (Sections 52 and 87);
• the right to be informed of all rights enshrined in the YPA (Section 5);
• the right to be heard and consulted on transfer (Sections 6 and 7);
• the right to consult and be represented by counsel (Sections 5, 78 and 80);
• the right to confidential communication (Section 9); and
• the right to foster care that meets his or her needs (Section 11.1)

Child Abuse/Neglect Protocols

Quebec has established five province-wide protocols that deal with child abuse and neglect.

1. The Multisectoral Agreement on Child Victims of Sexual Abuse, Physical Abuse or Neglect that Threatens their Physical Health ("Entente multisectorielle relative aux enfants victimes d'abus sexuels, de mauvais traitements physiques ou d'une absence de soins menaçant leur santé physique".) This agreement includes and replaces the two agreements that were signed in 1989 and 1992 with the social services and educational networks regarding allegations of sexual abuse. It also replaces the memoranda of understanding that were signed by the former child day care office (Office des services de garde à l'enfance), the association of youth centres of Quebec (Association des centres jeunesse du Québec) and DYPs. The procedures for social and legal intervention set out in this agreement are intended to ensure an appropriate, ongoing and co-ordinated response to child protection and assistance needs by all institutions and organizations involved in the situation. Five ministries signed this agreement: Education, Public Security, Justice, Family and Childhood (Famille et Enfance), and Health and Social Services.
2. The Protocol on Medical and Social Assessment and Intervention for the Protection of Abused Children ("Protocole d'évaluation et d'intervention médicosociale pour la protection des enfants maltraités") was developed in order to improve co-operation and co-ordination between medical and social work staff when dealing with child abuse. It provides information and clarification regarding the actions to be taken in hospitals and medical clinics and the working relationships to be established between hospital medical staff and social workers.
3. The Protocol on Activities Related to the Placement of Children ("Protocole relatif aux activités entourant le placement d'un enfant") describes the procedure to be followed when a child is being removed from the home. It identifies the people involved in decision making and describes how transitions are made from one system to another. This protocol applies to the entire health and social services network and is based on clinical and organizational principles.
4. The Protocols on the Receipt and Processing of Child Abuse/Neglect Reports, Assessment and Orientation ("Protocoles réception et traitement des signalements, évaluation et orientation") were developed in 1988 in the wake of the Harvey report, which reviewed Quebec's youth protection system. The purpose of the protocols is to provide youth workers with a practice framework and enable them to assist children through the investigation process.
5. The Protocol on the Application of Youth Protection Measures for Authorized Persons ("Protocole relatif à l'application des mesures de protection de la jeunesse à l'intention de la personne autorisée") is an extension of the preceding protocol. This protocol indicates how the transition is made from the assessment/orientation phase to the intervention phase, who is involved, and what procedures are followed.

Mandatory Reporting of a Child in Need of Protection

Who Must Report

Section 39 of the YPA stipulates that every professional, employee of an institution, teacher or police officer who, in the performance of his duties, has reasonable grounds to believe that the security or development of a child is or may be considered to be in danger must report the situation to the DYP. All other persons have a duty to report suspected cases of sexual and physical abuse, even if they are bound by professional secrecy, except for information protected by client-lawyer relationships. Individuals may, but are not bound to, report other situations where a child may be in danger. Furthermore, an adult is required to assist a child who wishes to report his, his siblings' or any other child's need for protective services. Reports of a child with serious behavioural problems that pose a risk to his security can also be made.

Penalties for Not Reporting

Any person who is required to but fails to report that a child may be in need of protection is guilty of an offence and is liable to a fine of $250 to $2,500. In addition, every person who fails, refuses to or neglects to protect a child in his or her custody, or performs acts that may endanger the security or development of a child is guilty of an offence and is liable to a fine from $625 up to $5,000.

Investigation of Allegation of Abuse or Neglect

Who Investigates

Child protection workers delegated by the Director of Youth Protection are involved in evaluation, investigation and case planning for children whose security or development is, or may be, considered to be in danger. The investigation process is carried out in four steps.

Step 1: Reception and Risk Assessment

Upon receiving an allegation of abuse or neglect, the worker conducts an initial assessment to determine if an investigation is required. The process involves:

• determining whether the reported facts relate to the legal definition of a child in need of protection;
• determining the seriousness of the situation; and
• determining if the child is at risk and if the parents or the home environment ensure the child's safety.

If initial assessment criteria are met, the investigation begins and the level of risk to the child is assessed using a coded priority rating system. Code 1 requires immediate intervention, Code 2 requires intervention within 24 hours, and Code 3 requires an intervention within four working days.

Step 2: Determining Whether Urgent Measures are Needed

If the DYP determines that an investigation is required, he must also decide whether urgent measures are warranted. These measures are used where the child's security appears to be in serious and immediate danger, and may involve removing the child from his or her environment and placing the child in a foster home, residential facility or hospital, depending on the child's needs. Urgent measures are limited to 24 hours; however, they may be extended for up to five days where the DYP has obtained a court order stating that longer-term measures are needed. The child must be consulted and where possible, the child's parents as well. If the parents or child object to the use of urgent measures, the DYP may bring the case to the Court of Quebec as quickly as possible to enforce compliance. Where urgent measures are used, the DYP may authorize medical treatment or other care on behalf of the child without the parents' consent.

Step 3: Conduct a Thorough Evaluation to Determine if the Child is at Risk

The DYP, or his delegate, determines if the child's security or development is in danger by evaluating the child's situation and living conditions. This process includes assessing:

• the exact nature of the situation (verifying facts and the gravity of the situation);
• the vulnerability of the child;
• the parents' capabilities; and
• the support available in the child's home environment.

This information is gathered from the child, the parents/guardians, the person making the allegation and any other person who may help in establishing the facts. In every investigation of an allegation of abuse, the DYP interviews the child before meeting with the parents.

Step 4: Determine the Required Intervention

Where an investigation shows that a child is at risk, the DYP takes control of the child's situation and determines the appropriate action to be taken. The scope of the DYP's responsibility is limited and specific: he does not take the child into custody, but rather takes control of the child's situation. The parents continue to have primary responsibility for their child. The DYP determines the required intervention(s) and whether to pursue these through a voluntary agreement or through court-ordered protection.

Institutional Investigations

In situations of alleged abuse in a school or health and social services institution, an interview is conducted jointly by a social worker and a police officer according to existing protocols. In these situations, all parties involved (DYP, police officer, person responsible for the school or institution, Crown Prosecutor) meet within 24 hours after the investigation in order to determine a plan of action. During the evaluation phase, medical experts may be called upon to help determine whether the allegations are genuine or should be dismissed. The investigation must be completed within 11 working days following receipt of the initial report.

Risk Assessment/Risk Management

There is no single mandatory risk assessment instrument used by child protection workers. However, more than 1,500 Youth Centre staff have been trained to use the Complete Child Welfare Inventory (l'inventaire concernant le bien-être de l'enfant en lien avec l'exercice des responsabilités parentales). Some Youth Centres also use the Illinois Safety Assessment and the New York Risk Assessment Model in conducting their assessments. Increasing numbers of child protection workers use the system of support for practice (SSP), a computerized decision-making tool that was developed taking the concept of compromise into account.

Departmental Role in Investigation of Third Party Abuse

The Department does not participate in investigations concerning allegations of abuse by a non-caregiver. However, under Section 72.7 of the YPA , the DYP may report a situation to the Attorney-General or the police where a child's security and development are deemed to be compromised because the child's physical health is threatened due to the absence of appropriate care, or where the child is a victim of sexual abuse or is subject to physical abuse as a result of excess or neglect.

Investigation of Child Deaths

In 1997, the Chief Coroner created two multidisciplinary teams specifically to review children's deaths. One team is located in Quebec City, the other in Montreal. Both teams meet monthly to review all non-natural deaths of children up to the age of five years. All cases of sudden infant death syndrome (SIDS) are also reviewed. Each team is co-chaired by a pediatrician affiliated with a children's hospital and experienced in recognizing child abuse. A Deputy Coroner serves on the committee in Quebec City, and a full-time Coroner serves on the committee in Montreal. Both committees include representatives from a Youth Centre and a member from the provincial police in Quebec City and, in Montreal, a member from the city's municipal police force. In 1994 the Chief Coroner introduced a protocol for child autopsies to ensure consistency in technique and procedure.

Child Abuse Register

Quebec does not have a child abuse register. However, information on the situations dealt with by the Youth Centres is compiled continuously.

Agreements and Orders

Based on the evaluation of the child's situation, the DYP determines whether to negotiate a voluntary agreement with the parents or refer the child's situation to the court. His decision is generally based on the willingness of the child/family to attempt to resolve the situation without court involvement. Although the process differs, intervention measures contained in an agreement or in a court order are basically the same. Both must describe the situation that needs to be corrected and summarize the services required to achieve this goal. The goal of intervention is to end the situation that puts the child's security or development in danger and to prevent that situation from recurring.

Voluntary Agreements

The provincial table of DYPs clearly prefers to use voluntary measures when possible. With this intention, the DYP attempts at all the stages of the process to involve the parents and the child, in order to come to an agreement on the measures which best meet the needs for the child and his family. Where the DYP decides to pursue a voluntary agreement, he contacts the parents or guardian to obtain their agreement on which measures are most appropriate. The DYP must inform the child's parents or guardian and the child, if the child is 14 years or older, of their right to refuse any voluntary intervention.

The decision-making capacity of parents must be taken into account in negotiating voluntary agreements. Even when a child is in a foster family, a rehabilitation centre or a hospital, parents preserve their capacity to make decisions on the child's behalf. The YPA does not contain provisions for changing the legal status of a child; only a court order based on the Quebec Civil Code can remove parental rights.

Three conditions must be met in order to reach a voluntary agreement:

• the parents/guardians and the child (depending on the child's age) must recognize the extent to which the child's security or development is in danger;
• the parents/guardians and the child must be able to apply the voluntary measures in question, and both parties must be willing and determined to abide by the conditions outlined in the agreement; and
• the father, the mother, and the child (if 14 or older) must all consent to the agreement. If consent is not reached within 10 days, the DYP must refer the situation to court.

Voluntary agreements are legally binding and stipulate the measures that parents are required to implement and may include:

• the child remains at home and the parents report to the DYP periodically on the measures they apply to put an end to the situation in question;
• the child and parents actively participate in the measures designed to put an end to the situation in question;
• the child does not come into contact with certain persons;
• the child is entrusted to other persons;
• the provision of aid, counselling or assistance to the family by a professional;
• entrusting the child to hospital or local community service centre to receive necessary care;
• reporting in person at regular intervals to inform the DYP on the current situation;
• the child receives health services needed to address the situation in question;
• entrusting the child to a rehabilitation centre or foster home chosen by the Youth Centre for a fixed period of time; and
• the child attends a learning institution other than a school.

The DYP is required to ensure that the services required under the terms of an agreement are provided to a child or family, preferably in the community where the child lives. Where the DYP proposes that the parents entrust the child to a rehabilitation centre or hospital, it must be specified whether the child remains with the family or if foster care is required.

A voluntary agreement may last for up to one year. Where the DYP feels the situation is improving, he may negotiate a new agreement for one more year, provided the measures do not include placement in a foster home or placement facility. If the child is placed outside the family, the agreement may be renewed for six months for a child under the age of 14, or for two consecutive periods of six months for a child 14 years of age or over. The YPA stipulates that in no case can an agreement exceed two years.

Agreements for disabled children or children approaching the age of 18 (with no protection concerns) can be reached on a voluntary basis under the LSSSS.

Court-Ordered Protection

Child protection matters that cannot be resolved through a voluntary agreement are heard by the Youth Division of the Court of Quebec (Chambre de la jeunesse). The Court is required to render a decision on the extent to which the child's security or development is in danger. Where the child is determined to be at risk within the meaning set out in the Act, the court stipulates the interventions required.

In Quebec, a court order does not change the legal status of a child. An order of the Youth Division of the Court of Quebec may stipulate that any of the voluntary measures previously listed be applied to the situation in question but with no stated requirement for the parents (or the child in some cases) to implement the measure. The parent(s) or child must abide by the measure, and the DYP is accountable for the implementation of any measure. The Court may also order the implementation of the following measures:

• that a person ensures that a child and the parents abide by the conditions set forth and periodically report to the DYP;
• withdraw the exercise of certain rights of parental authority from the parents, such as custody, but not guardianship;
• recommend that a guardian be appointed for the child;
• make any other recommendation it considers to be in the best interests of the child.

Under the YPA , court decisions are enforceable as soon as they are made, and any person named in an order must comply with the order immediately.

Provisional Measures

Where appropriate, the court may order provisional measures until legal proceedings have been concluded. The court may review decisions at any time. The range of possible measures parallels those that may be contained in an order or agreement. Provisional measures are short-term in nature and may be necessary to provide immediate protection for a child, especially where one of the parents or the child objects to the protection intervention.

The court may impose provisional foster care measures if it concludes that the child would be in danger if he or she remained with the parents or guardian. Provisional foster care measures may not exceed 30 days; however, if warranted, one extension of up to 30 days may be ordered.

Varying an Agreement or a Court Order

The DYP periodically reviews the terms of an agreement or court-ordered measures to ensure that they are being adhered to and are still appropriate. The terms of a court order may only be changed by referring the case back to the court for a "Review of Decision".

Circumstances may require that an agreement be varied to ensure that it better meets the child's need for protection. Where the changes are minor and affect neither the content nor the duration of the agreement, it is only required to set out the changes in writing and attach them to the agreement with consent from the parents and the child, where the child is 14 or older. Where the changes are substantial and affect the nature or length of the agreement, a new one must be signed.

All parties that are bound by agreements can revoke the agreement at any time. The parents and the child (if 14 years of age or over) may choose to revoke an agreement if they no longer agree with the conditions, or events may occur that cause the agreement to be broken. The DYP may also choose to end the agreement where repeated failure or lack of involvement by the parents or the child convince him that the conditions put in place to protect the child are no longer effective. The DYP withdraws from the agreement by referring the case back to court.

Appeals

Any YPA decision may be appealed to the Superior Court by the child, the parents, the DYP or the Quebec Human Rights and Youth Rights Protection Commission. This must be done within 30 days of the order being made. The court may uphold the original decision, modify the original order, or invoke a new order. Any person who wishes to further appeal may do so on a question of law only; this must be done within 15 days.

Transfer of Guardianship

A DYP may file a motion with the Superior Court of Quebec to seek the guardianship of a child under the Civil Code of Quebec. In Quebec, guardianship (la tutelle) means full and complete responsibility for a minor.

Section 207 of the Civil Code of Quebec states: "The director of youth protection or the person recommended as tutor by him may also apply for the institution of tutorship to an orphan who is a minor and who has no tutor, or to a child whose father and mother both fail, in fact, to assume his care, maintenance or education, or to a child who in all likelihood would be in danger if he returned to his father and mother."

When the Superior Court rules that the father and the mother have given up all or partial parental authority, the DYP becomes the child's appointed guardian, if the child does not already have one appointed under the Civil Code of Quebec. The DYP, or any other person who is ordered as the guardian, assumes full responsibility for the child until the child is adopted or reaches the age of majority. Where guardianship is exercised by the DYP or by a person he recommends, any interested person may apply to the Court for guardianship of the child without having to justify the motion for any reason other than the best interests of the child.

Extended Care

Foster care may continue beyond a youth's 18th birthday until the youth reaches the age of 21 years if the youth consents, or if the DYP provides valid reasons to secure a court order for continuing foster care.

Support Services

Voluntary Intervention Services

Quebec's 154 local community services centres (CLSCs) provide child abuse prevention programs and other front-line health and social services. They are the points of access to child welfare services for problems than can be serious but that do not place the child's safety and/or development at risk. The DYP is notified of situations in which the child's safety and/or development are in doubt so that he can make a determination regarding the child's situation. Emergencies are referred directly to youth centres, which specialize in child and youth protection services. The DYP informs the child and the child's parents of the services and resources available in their community and of how to access them. With their consent, the DYP can refer the parents to the institutions, agencies or people best able to provide the necessary services.

Placement Resources

Approximately half of all youth protection cases involve interventions in the child's own home. These interventions aim to support the parents in carrying out their role with respect to the child. Where it is not possible to keep a child with the natural family, he or she may be placed in a foster home or in a residential facility such as a Rehabilitation Centre for Troubled Youth. The majority of children requiring placement are placed in foster homes.

Foster Care

Under the LSSSS , a foster home provides a family-like environment for up to nine children in difficulty. Children who are in need of protection may receive foster care services through an agreement or as a measure specified in a court order. The Department determines the classification of services provided by foster families and the rate of payment for each type of service. Where a child is in foster care under the YPA , the parents are required to contribute financial support as set out in the LSSSS.

The recruitment, approval processes and training for foster families are the responsibility of the Youth Centre. Each Youth Centre must have a foster training program that is revised on an ongoing basis and evaluated as a requirement for accreditation every three years.

Families who wish to foster children are evaluated by the Youth Centre through a multidisciplinary process assessing the personal qualities, competency for intervention, capacity to deal with the family of origin and ability to collaborate with others on intervention plans. Environmental and sociocultural factors, and employment status are also considered in the decision-making process. The Youth Centre must inform the candidates of the outcome of the evaluation within 30 days of a decision.

Foster families operate under contract with the Youth Centre to support the development of the foster child. When a foster family is approved, the initial contract is signed with the Youth Centre for a maximum duration of 12 months. This means that the foster family agrees to and abides by the plan of care, informs the Youth Centre of any change in the child's situation, co-operates with social workers and educators, and completes any required training. Where possible, the foster family also agrees to work with the child's biological parents. Contracts can be terminated by either party with 90 days' written notice, or without notice if mutually agreed. The Youth Centre provides ongoing training and supervision for all foster families.

When it is decided that a foster care placement is the most appropriate option for a child, the Youth Centre is responsible to act on the decision. A foster care social worker must secure a foster home that best suits the child's needs and provide an ongoing training program for the foster family that addresses the specific needs of the child and family.

In Quebec, there are three types of foster homes: regular, specific and rehabilitation.

Regular Foster Care

Regular foster homes provide levels 1, 2, 3, 4, and 5 services; these levels reflect the degree of assistance and care that the child requires. These service levels provide a framework for foster care rates and for monitoring the progress of the foster child. Regular foster care provides a parental model of care in a family-like environment for up to nine children.

Specific Foster Care

The unique feature of specific foster homes is that the foster parents know the child prior to the placement. The family is part of the child's immediate circle (aunt, grandmother or family friend) and the foster home is certified by the Regional Board to take in that child only. The foster home is closed once the child leaves.

Rehabilitation Foster Care

Rehabilitation foster homes provide services to children who have serious problems or are intellectually impaired. The foster family signs a contract for the provision of specific intervention and rehabilitation services to meet the child's individual needs.

Emergency Placements

Many foster care placements are made on an emergency basis. By definition, an emergency placement allows a child and a foster family no time to prepare and means that a child has to be placed in an interim home and moved at a later date.

Quebec Federation of Foster Families

The Quebec Federation of Foster Families represents 14 affiliated foster family associations throughout Quebec. The Federation assists the foster associations to represent foster families in their negotiations with the Youth Centres, partners with the Department on training and resource development and represents foster families involved in litigation with the Youth Centres. The Federation also plays a role in informing the public about the role of foster families and hosts training activities that complement compulsory training delivered by the Youth Centre.

Evaluation of Allegations Against Foster Homes

Youth Centres are required to identify, prevent and correct unacceptable behaviour likely to jeopardize the welfare of children placed in foster homes. An ad hoc committee is responsible for establishing the process used to evaluate allegations so that an informed and fair decision can be made. A worker who witnesses or is informed of unacceptable behaviour occurring within a foster home must immediately notify a supervisor, who must then immediately convene a meeting of the co-ordinating committee. If the allegations are founded, the DYP makes all final decisions. If the allegations are unfounded, the committee makes any decisions on a consensus basis. If there is no consensus, agreement between the supervisors and the DYP is required. If the foster home is not satisfied with a decision, it has 30 days to file a written complaint. The committee has 30 days to respond.

If the foster home is still dissatisfied with this response, it has 30 days to file a written complaint with the Regional Board. The Regional Board examines the complaint and makes a final decision that cannot be appealed.

Rehabilitation Centres

Under the LSSSS , there are a variety of establishments providing social services throughout Quebec. The primary facilities used for child protection include foster homes and rehabilitation centres. Rehabilitation centres offer a range of authorized services for persons with mental/physical disabilities, addiction problems, and social adjustment problems.

Group homes are usually affiliated with a rehabilitation centre. Each group home can accommodate up to nine residents, where guidance, help and support are provided by rehabilitation centre staff.

A number of centres in Quebec's current system of rehabilitation centres have been designated closed (or secure) facilities under the YOA by the Lieutenant Governor in Council. Youth who present a danger to themselves or others need to be cared for in a secure facility that can provide intensive monitoring. These placements are usually achieved through a court order.

Complaint Procedures

A child over the age of 14 years or any person who wishes to complain about the services provided by a health or social services institution can do so through a local complaint process established under the LSSSS. If the complaint is dismissed by an institution, it can be appealed regionally and provincially.

Adoptions

Provisions relating to adoption in Quebec are contained in the Civil Code of Quebec and the YPA. Any person who has reached the age of majority may adopt a child, either alone or jointly with another person. Unless the adopted child is the child of a spouse, the adoptive parent must be at least 18 years older than the child. The court may, however, waive this requirement in the interests of the child. Section 543 of the Civil Code of Quebec specifies that any adoption must be in the child's best interests.

The DYP is involved in placing a child who has been voluntarily relinquished for adoption or who has been declared available for adoption by a judge, and conducting home studies of adoptive applicants wishing to adopt a child from outside Quebec.

A child may become available for adoption in Quebec through one of the following three processes: 1) judicial declaration, 2) general consent, 3) special consent.

Adoption by Judicial Declaration

The Civil Code of Quebec allows for a judge to declare a child available for adoption where it is in the child's best interests and the child's parents do not consent. A judicial declaration of eligibility for adoption may be made in respect of:

• a child over the age of three months whose maternal and paternal affiliation are unknown;
• a child whose father and mother or guardian have not provided care, maintenance and education for at least six months;
• a child whose father and mother have lost parental authority, and for whom DYP has been appointed as the guardian; and
• a child whose father and mother are deceased and the DYP has been appointed as the guardian.

The child's relatives, spouse of a relative, the child himself if 14 years of age or over, or the DYP may apply to the court for a declaration of eligibility for adoption. A child may not be declared eligible for adoption unless it is unlikely that the father, mother or guardian will resume custody, care, support, and education.

General Consent

In cases of adoption by general consent, the parents or guardian of a child inform the DYP of their intent to relinquish the child for adoption. If the DYP determines that adoption is in the child's best interests, the parents' or the guardian's consent is secured by them signing appropriate documents.

The parents or guardian may withdraw their consent within 30 days from the date on which the documents were signed. The child is then immediately returned to the parents or guardian. If consent is not withdrawn within 30 days, the parents or guardian may apply to the court to have the child returned at any time prior to the granting of a Placement Order for the child.

Special Consent

Adoptions by special consent are permitted under Section 555 of the Civil Code of Quebec. These adoptions involve adopters who are related in some way to the child, such as grandparents, uncles and aunts, and step-parents. The written consent of the child's birth parents is required, and prospective adoptive parents apply directly to the court for a Placement Order. The DYP is not involved in this procedure.

Process

Once an appropriate adoptive home has been found for an eligible child, the adoptive parents and the DYP (where applicable) must apply to the Court for a Placement Order . Once the Placement Order is made, the DYP will provide, on request, a summary of the child's ancestry to the adopters, a summary of the adopters' ancestry to the child's natural parents, and/or a summary of the child's ancestry to the child, provided he is 14 years of age or older.

After the child has lived with the adoptive parents for at least six months, the adoptive parents apply for an Adoption Order . If the child has already lived with the adoptive parents prior to the issuing of the Placement Order, the required period may be reduced to three months, on application to the court. The court orders the child adopted following an application from the adopters, unless there is a report indicating that the child has not adjusted to the adoptive family. Where that happens, or if it is in the best interest of the child, the court may request further information, if deemed necessary.

Under Section 574 of the Civil Code of Quebec , once the Adoption Order is rendered, a child ceases to legally belong to the biological parents. The Adoption Order is irrevocable and creates for the adoptive parents the same rights and obligations as if the child had been born to them. In practice, however, children often maintain close relationships with some members of their biological family. Any judgement or order rendered in respect of an adoption can be appealed to the Quebec Court of Appeal.

An adoption cannot take place without the child's consent, if the child is 10 years of age or older. However, where a child under 14 years of age refuses to give consent, the court may defer its judgement or declare the child adopted. A child 14 years of age or older cannot be declared adopted if his consent has not been obtained.

International Adoption

Co-ordination of international adoption in Quebec is the responsibility of MSSS through its International Adoption Secretariat. Interprovincial adoptions are handled in the same way as international adoptions in Quebec.

Refundable Tax Credit for Adoption Expenses

A Quebec resident who has incurredeligible>adoption expenses may apply for a refundable tax credit in respect of each child adopted. For the 2000 taxation year, this is equal to a maximum of $3,750 per child.

Statistics

The data for Quebec should not be compared with the data for other provinces or territories due to the limitations explained in the Introduction.

Figure 5.1 Youth Protection Measures Undertaken By Type 1998—99

Click here for a description of the chart above.

1. Voluntary measures are negotiated between the Director of Youth Protection, the parents of the child, and the child if over 14 years of age. The measures address the placement of the child, and the services required by the child and/or parents.
2. Court-ordered measures are determined by the Youth Division of the Court of Quebec, and address the same areas as voluntary measures.
3. Continuation of services (with or without modifications to the existing case plan) under the Youth Protection Act , either voluntarily or by Court order.
4. Closure after "Intervention terminale", a short-term intervention by the Director of Youth Protection on a voluntary basis.
5. Closure of the file for other reasons, such as: court denial of request, since it does not deem the child's security or development to be in danger as defined in the Act; inability to proceed; or transfer to another Youth Centre.

Total youth protection measures: 10,022

Resource Material

Legislative Material

Loi sur la protection de la jeunesse (Youth Protection Act), R.S.Q., c. P-34.1.

Code civil du Québec (Civil Code of Québec), S.Q. 1991, c. 64, amended by 1992, c. 57; 1995, c. 61; 1996, c. 21; 1996, c. 28 and 1996, c. 68.

Loi sur les services de santé et les services sociaux (An Act Respecting Health Services and Social Services) , R.S.Q., c. S-4-2.

Code de procédure civile (Code of Civil Procedure) , R.S.Q., c. C-25. la Convention de la Baie James et du Nord québécois (James Bay and Northern Quebec Agreement), (1975). la Convention du Nord-Est québécois (North-East Quebec Agreement), (1978).

Reports

Commission de la protection des droits de la jeunesse, Loi sur la protection de la jeunesse , annotated, 2nd edition, Société québécoise d'information juridique, 1990.

Groupe de travail sur la politique de placement en famille d'accueil, Familles d'accueil et intervention jeunesse , May 2000.

Other Resources

Ministère de la Santé et des Services sociaux, 1998, Manuel de référence sur la protection de la jeunesse.

"Manuel de référence sur la protection de la jeunesse" (Youth Protection Reference Manual).

"Guide d'intervention lors d'allégations d'abus sexuels envers les enfants" (Guide to Handling Allegations of Child Sexual Abuse].

"Cadre de référence en matière de mauvais traitements physiques faits aux enfants" Frame of Reference for Physical Abuse of Children].

"L'accompagnement des enfants et des adolescents lors de leur placement" (Placement Support for Children and Adolescents].

"Guide relatif à la divulgation de renseignements par le DPJ à la police et au substitut du Procureur Général" (Guide to the Disclosure of Information to the Police and the Crown Prosecutor by the DYP).

"L'orientation : Guide du choix de régime et de mesures" (Guide to Choosing a System and Measures).

"Guide pratique du service d'expertise psychosociale à la Cour Supérieure" (Guide to Psychosocial Expertise Provided by the Superior Court).

"Guide pratique en matière d'adoption d'un enfant domicilié au Québec" (Practical Guide to Adoption of Children Living in Quebec).

"Les services post-adoption au Québec" (Post-Adoption Services in Quebec). Quebec government Web site: www.gouv.qc.ca

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