The best interests of the child must take precedence, says Law 15, adopted unanimously
(Quebec) The best interests of the child must always take precedence over all other considerations, including that of their parents, under Bill 15 adopted unanimously on Thursday in the National Assembly.
Bill 15, led by Minister Lionel Carmant, presents a long-awaited reform of the youth protection services (DYP), which has become essential following the death of the Granby girl, a child martyr who died in 2019 as a result of ill-treatment, despite
the fact that she was known to the DYP.
Keeping a child in his or her biological family at all costs, even if he or she is abused or neglected, will therefore no longer be the top priority of the authorities, under the new law, which modifies the legislative approach in this area.
The stability to be offered to the child as soon as possible when a problem is identified becomes the government's priority, muting the principle of parental primacy, enshrined in the old law, when decisions are made, whether they are interveners, social workers or judges called upon to decide on the fate of neglected children, assaulted or abused.
The primacy of the best interests of the child is reflected in the preamble to the new law.
Too often, so-called children of the DYP are required to constantly go back and forth between their biological family and one or more foster families. This instability can leave its mark, as too many movements are not likely to foster bonds of trust and attachment between the child and the adults who care for him.
Previously, the law stipulated that any decision must "tend to keep the child in his family environment".
The goal of Québec City is therefore to offer these children a permanent and stable living environment,
even if it is outside the family framework.
But despite this new legislative framework, the situation, as a whole, is far from being settled, when we know that the number of reports continues to increase and that we observe a significant shortage of stakeholders ready to work at the DYP.
Bill 15 responds to most of the recommendations made in the report prepared by the Laurent Commission, which was responsible for advising the government on the directions to be given to the new legislative framework. It was chaired by Régine Laurent, former president of the nurses' union, the FIQ.
The law also relaxes the rules of confidentiality. The sharing of personal information about the child between the various stakeholders will now be permitted. "This change, for me, was non-negotiable. Too many families have been broken up because of this notion. I don't want it anymore," commented Minister Carmant, in his closing remarks before the final vote.
If a child experiences a situation of violence in his or her home, this fact should also be taken into account in the decision taken about him or her. "Action will have to be taken immediately," if such a thing is discovered, the minister said. Training will be offered to all stakeholders so that they are able to detect the child's exposure to parental violence.
Young people in foster care for several years will also be better equipped as they approach adulthood. From the age of 18 to 25, they will be informed of the government services to which they will be entitled. Currently, they are left to fend for themselves.
Every child who ends up in court will have the right to be represented by a lawyer.
Québec officially creates the position of National Director of Youth Protection. Since March 2021
, the position has been held by Catherine Lemay.
The opposition applauded and praised the minister's work. Liberal spokeswoman Kathleen Weil called the law a "giant step" towards better protection for vulnerable children.
The PQ spokeswoman, Véronique Hivon, welcomed the fact that the state should henceforth not only aim for, but "ensure" better stability for the children of the DYP and provide them with an easier transition to adulthood.
However, among the drawbacks expressed by the opposition is the government's lack of listening to the claims of Aboriginal nations, who wanted to obtain more autonomy in this area.
Bill 15, led by Minister Lionel Carmant, presents a long-awaited reform of the youth protection services (DYP), which has become essential following the death of the Granby girl, a child martyr who died in 2019 as a result of ill-treatment, despite
the fact that she was known to the DYP.
Keeping a child in his or her biological family at all costs, even if he or she is abused or neglected, will therefore no longer be the top priority of the authorities, under the new law, which modifies the legislative approach in this area.
The stability to be offered to the child as soon as possible when a problem is identified becomes the government's priority, muting the principle of parental primacy, enshrined in the old law, when decisions are made, whether they are interveners, social workers or judges called upon to decide on the fate of neglected children, assaulted or abused.
The primacy of the best interests of the child is reflected in the preamble to the new law.
Too often, so-called children of the DYP are required to constantly go back and forth between their biological family and one or more foster families. This instability can leave its mark, as too many movements are not likely to foster bonds of trust and attachment between the child and the adults who care for him.
Previously, the law stipulated that any decision must "tend to keep the child in his family environment".
The goal of Québec City is therefore to offer these children a permanent and stable living environment,
even if it is outside the family framework.
But despite this new legislative framework, the situation, as a whole, is far from being settled, when we know that the number of reports continues to increase and that we observe a significant shortage of stakeholders ready to work at the DYP.
Bill 15 responds to most of the recommendations made in the report prepared by the Laurent Commission, which was responsible for advising the government on the directions to be given to the new legislative framework. It was chaired by Régine Laurent, former president of the nurses' union, the FIQ.
The law also relaxes the rules of confidentiality. The sharing of personal information about the child between the various stakeholders will now be permitted. "This change, for me, was non-negotiable. Too many families have been broken up because of this notion. I don't want it anymore," commented Minister Carmant, in his closing remarks before the final vote.
If a child experiences a situation of violence in his or her home, this fact should also be taken into account in the decision taken about him or her. "Action will have to be taken immediately," if such a thing is discovered, the minister said. Training will be offered to all stakeholders so that they are able to detect the child's exposure to parental violence.
Young people in foster care for several years will also be better equipped as they approach adulthood. From the age of 18 to 25, they will be informed of the government services to which they will be entitled. Currently, they are left to fend for themselves.
Every child who ends up in court will have the right to be represented by a lawyer.
Québec officially creates the position of National Director of Youth Protection. Since March 2021
, the position has been held by Catherine Lemay.
The opposition applauded and praised the minister's work. Liberal spokeswoman Kathleen Weil called the law a "giant step" towards better protection for vulnerable children.
The PQ spokeswoman, Véronique Hivon, welcomed the fact that the state should henceforth not only aim for, but "ensure" better stability for the children of the DYP and provide them with an easier transition to adulthood.
However, among the drawbacks expressed by the opposition is the government's lack of listening to the claims of Aboriginal nations, who wanted to obtain more autonomy in this area.
JOCELYNE RICHER
THE CANADIAN PRESS
Youth protection| The best interests of the child must take precedence, says Law 15, adopted unanimously | The Press (lapresse.ca)
THE CANADIAN PRESS
Youth protection| The best interests of the child must take precedence, says Law 15, adopted unanimously | The Press (lapresse.ca)
