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Legal Information/ Legal Briefs

Legal Briefs

Until 2010, these legal briefs provide examples of judgments pertaining to everyday situations. Beginning in 2012, they deal with various topics of general interest, such as rental issues, family law, human rights, civil liability, insurance, dealings between spouses and social aid. They are intended to inform and to prevent undesirable situations.


 


Legal Briefs 2021

  Month
Number
Legal brief
Octobre
 8
The Youth Protection Act and Its Placement PeriodsThis hypelink opens a PDF file in a new window.
One of the objectives of the Youth Protection Act is that a child be able to remain with his family or be able to return to his family as soon as possible, if it is in the child’s best interests. At what point does one determine that the objective of returning a child to his family is no longer possible and, in particular, within what time frame?

Section 91.1 of the Youth Protection Act reads as follows:

“If the tribunal orders that a child be entrusted to an alternative living environment under subparagraph e, e.1 or j of the first paragraph of section 91, the total period for which the child is so entrusted may not exceed, depending on the child’s age at the time the order is made,

(a) 12 months if the child is under two years of age;
(b) 18 months if the child is two to five years of age; or
(c) 24 months if the child is six years of age or over.

[…]”


In order to understand this section, it is important to know that subparagraph j of the first paragraph of section 91 refers to the situation in which a child is entrusted to an institution operating a rehabilitation centre or to a foster family.


What is meant by “[…] the total period for which the child is so entrusted may not exceed […]” set out in section 91 of the Act?


This is the period of time a parent has in order to take all the necessary measures to put an end to the situation of danger in which the child finds himself and thus be able to regain custody of the child. Since a child cannot wait forever to return to his family, the Act has established these periods according to the child’s age at the time of the placement.


When the periods set out in section 91.1 of the Youth Protection Act have expired and the parents’ situation is unchanged, the director of youth protection must present the court with a permanent plan for the child, that is, a viable long-term plan to ensure continuity of care for the child and the best possible stability.


For example, if Leonie was placed with a foster family on May 21, 2020, when she was one year old, her parents will have 12 months from the date of placement (May 21, 2020) within which to show the court that the situation they were in when the child was placed has changed and that they will be able to take her back in the near future.


If the court is not satisfied with the changes observed in the child’s family, the court must make sure that the child’s return in the short term is impossible and that the permanent plan presented by the DYP is sustainable and in the best interests of the child.


Here are some examples of permanent plans the DYP might consider:

  • Placement in a foster family until the age of majority;
  • Placement with a significant person until the age of majority;
  • Tutorship;
  • Adoption.


Each of these permanent plans has its own particular characteristics. In that regard, if you would like to find out the differences between these plans or if you have any other questions regarding youth protection, don’t hesitate to contact one of our lawyers practising in the field of youth law.







Legal brief *
Octobre  2021
Number  8
Text prepared by   Me Jessica Boucher-Tremblay
Update by   CSJ
* The information set out in this document is not a legal interpretation.
The masculine is used to designate persons solely in order to simplify the text.
August - September
 7
HAS or SARPA, which applies to me?This hypelink opens a PDF file in a new window.
Homologation assistance service (HAS)

The Homologation Assistance Service is intented for parties residing in Quebec who wish, for whatever reason, to modify arrangements pertaining to child custody or access rights or support involving a child or spouse (or more
June - July
 6
Nicole and Raymond own a family home and have money in their bank account. Are they financially eligible for legal aid?This hypelink opens a PDF file in a new window.
Nicole and Raymond have been living together for over a year. Raymond works at the village hotel as a waiter. Nicole occasionally babysits. They have a combined annual gross income of $40,100. They have no children. They own a family home worth $110,000, which is fully paid off. They have $6,000 in more
May
 5
Moving and the New Divorce ActThis hypelink opens a PDF file in a new window.
The new Divorce Act (hereinafter the “Act”), which came into force on March 1, 2021, governs moves by separated persons with parenting time or decision-making responsibilities in respect of a child of the marriage. There are two regimes that distinguish between a change in the place of residenc more
April
 4
Buying a Vehicle and Third Chance Credit This hypelink opens a PDF file in a new window.
You’ve been unlucky and you have bad credit. You’ve just declared bankruptcy and are unable to find financing. In these situations, it can be tempting to go to a car dealership offering a second or even third chance at credit, especially since their advertising indicates that no one is refused!
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more
March
 3
How Can I Intervene in the Case of a Child Who is Dear to Me When a Hearing in the Youth Division is Scheduled? This hypelink opens a PDF file in a new window.
First of all, you should know that a child’s file in the Court of Québec – Youth Division is highly confidential. You cannot consult it or obtain information unless you are a party to the case.

Only the child, the child’s father (legally recognized), the child’s mother and the repre
more
February
 2
The Right to Remain SilentThis hypelink opens a PDF file in a new window.
The presumption of innocence: It’s a fundamental principle of the Canadian justice system pursuant to which an accused is presumed innocent until proven otherwise, that is, until the person themselves admits their guilt or, at trial, the prosecution shows their guilt beyond a reasonab more
January
 1
How is Child or Spousal Support Paid?This hypelink opens a PDF file in a new window.
Henriette and Léopaul have three children. After living together for 12 years, they split up. Following a few mediation sessions, both parents agree that Léopaul will have sole custody of the three children since Henriette has a job that requires her to travel out of town for varying periods of time more
 
© Commission des services juridiques Création: Diane Laurin - 2017