December 31, 2005 — Le Protecteur du citoyen

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Brief by the Protecteur du citoyen on Bill 125, an Act to amend the Youth Protection Act and other legislative provisions

Presented to the Committee on Social Affairs

Summary

December 2005

The Protecteur du citoyen supports the aims of Bill 125, which are to foster continuity and stability for children in care, promote the use of consensual approaches, ensure that government intervention in family life is the exception rather than the rule, reconcile child protection with respect for privacy, and modernize the judicial processes.

Nonetheless, the Protecteur du citoyen believes that the Director of Youth Protection should not shoulder entire responsibility for child protection and care in Québec. It is essential that everyone assume responsibility for the well-being and protection of children in need.

It is true that the Director of Youth Protection is the person designated to intervene when he receives reports of abuse. Nonetheless, he must be backed by a service delivery network capable of taking over at the appropriate time.

The Protecteur du citoyen realizes that the current system has experienced problems and that improvements are necessary. That is why it recommends certain changes intended to improve care for children who are victims of abuse.

These recommendations involve granting additional powers to the Director of Youth Protection and the courts so that they can ensure services are provided to children and their parents in an effort to put an end to compromising situations that require the Director of Youth Protection to intervene.

The Protecteur du citoyen also recommends that parents have a say at every stage of the Director of Youth Protection’s involvement, and that those who wish to complain about the services they have received, or should have received, are able to do so in all confidentiality and without fear of reprisal.

The Protecteur du citoyen is satisfied with the introduction of certain measures encouraging the appointment of a dative tutor, a measure halfway between placement in a foster family and adoption. Nonetheless, it is of the opinion that this tutor should be assisted by a tutorship council, as provided for in the Québec Civil Code for tutors not appointed by the Director of Youth Protection or the Public Trustee. Likewise, the Protecteur du citoyen recommends that the minister examine the possibility of making simple adoption available in addition to the full adoption currently provided for under the Québec Civil Code.

The Protecteur du citoyen further recommends that the minister provide for a Québec-wide coordination mechanism to advise her and develop a consistent youth protection philosophy and intervention practices.

As part of the accountability process provided for in the bill, and by which the Commission des droits de la personne et des droits de la jeunesse reports on the implementation of the Youth Protection Act, the Protecteur du citoyen would like youth protection stakeholders to have the opportunity to make their viewpoints known.

Finally, the Protecteur du citoyen remains convinced that appointing a children’s ombudsman is not the solution. The current safety net is adequate, but needs better coordination and sufficient resources to operate effectively.

Recommendations

The Protecteur du citoyen recommends giving the Director of Youth Protection explicit power to obtain information on follow-ups to his/her referrals and/or recommendation in order to determine next steps to be taken, if any.
Articles 16 and 19 of the bill should thus be amended to include this power attributed to the Director of Youth Protection.
To achieve the goals referred to in Article 51 of the bill, the Protecteur du citoyen recommends empowering the court to order that certain health services be provided to the child’s parents, as long as the parents give their consent for doing so.
The Protecteur du citoyen recommends that the act provide for the establishment of a tutorship council, even in the case of tutors appointed by the Director of Youth Protection.
The Protecteur du citoyen recommends amending Article 18 of the bill (Article 47.3 of the act) so that in cases where the Director of Youth Protection has reached a temporary agreement with only one of the parents, the other parent be allowed to submit his or her comments if he or she does so on a timely basis.
The Protecteur du citoyen recommends adding a provision to this article that also allows the child to communicate with his tutor in all confidentiality, if need be, and with the Users Committee, the Local Commissioner and the Protecteur du citoyen.
The Protecteur du citoyen recommends adding an article prohibiting reprisals to Chapter II, General Principles and Children’s Rights. This article could be worded as follows: «No one may take or attempt to take reprisals of any kind whatsoever against any person who files or intends to file a complaint.»
After consulting the Commission des droits and the directors of youth protection, the Protecteur du citoyen recommends that the minister issue rules governing the use of disciplinary measures and that these rules be implemented by the boards of directors of the institutions.
The Protecteur du citoyen recommends examining the relevance of reviewing the full adoption rules in the Québec Civil Code to evaluate whether legislative amendments should be made to allow simple adoption under the laws of Québec.
The Protecteur du citoyen recommends that the minister provide for a Québec-wide mechanism whose role would be to advise her on the youth protection and ensure coordination between the directors of youth protection and the youth centers.

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