--- title: "Must the DYP Always Keep a Child With Family? ✦ Goldwater Droit" meta: "og:description": "How Bill 15 and the Laurent Report changed parental primacy in Quebec youth protection law, shifting the focus to the best interests of the child." "og:title": "Must the DYP Always Keep a Child With Family?" description: "How Bill 15 and the Laurent Report changed parental primacy in Quebec youth protection law, shifting the focus to the best interests of the child." --- ![Screen20Shot202022 04 2120at2012.02.4820PM](https://goldwaterdroit.com/_vercel/image?url=%2F_content-assets%2Fblog%2F2022%2F04%2Fdoes-the-director-of-youth-protection-dyp-have-an-obligation-to-keep-the-child-with-his-family-at-all-costs%2Fimages%2FScreen20Shot202022-04-2120at2012.02.4820PM.png&w=1536&q=80) [News & Insights](https://goldwaterdroit.com/en/news-insights) # Does the Director of Youth Protection (DYP) have an obligation to keep the child with his family at all costs? 21 April 2022 5 min read [Youth Protection](https://goldwaterdroit.com/en/news-insights?topic=youth-protection) [Articles & Analysis](https://goldwaterdroit.com/en/news-insights?category=articles-analysis) ## The Legal Duty of the DYP Under Quebec's Youth Protection Act In Quebec, [youth protection law](https://goldwaterdroit.com/en/services/youth-protection) clearly establishes that the primary responsibility of the [Director of Youth Protection (DYP)](https://www.quebec.ca/en/family-and-support-for-individuals/childhood/services-youth-difficulty-families/youth-protection/director-of-youth-protection-dyp) is to act in the best interests of the child. This guiding principle is set out in both the [Youth Protection Act (section 3, YPA)](https://www.legisquebec.gouv.qc.ca/en/document/cs/P-34.1#se:3) and the [Civil Code of Québec (Article 33, C.c.Q.)](https://www.legisquebec.gouv.qc.ca/en/version/cs/ccq-1991?code=se:33&history=20240830). The rights and interests of the parents, while important, are secondary to those of the child. However, because the concept of the **"best interests of the child"** can be open to interpretation, the Youth Protection Act provides specific criteria to help DYP workers make informed decisions. When intervening in a family situation, the first consideration must be to maintain the child's ties with their family, provided it serves the child's well-being. If remaining in the immediate home is not possible, the DYP is required to prioritize continuity and stability by placing the child with significant individuals, such as **grandparents or extended family members**. This principle, known as **parental primacy**, is codified in the [Youth Protection Act (section 4, YPA)](https://www.legisquebec.gouv.qc.ca/en/document/cs/P-34.1?langCont=fr#se:4). ## Clarifying the "Best Interests of Child" Principle in Quebec Law Historically, the principle of **parental primacy** meant that children should remain within their family environment whenever possible. This approach guided youth protection decisions, with alternative placements, such as foster homes or rehabilitation centres, were only used when staying with the family was deemed contrary to the child's best interests. The emphasis was on preserving biological ties, provided they supported the child's well-being. ## How the Laurent Report Changed Parental Primacy in Quebec This legal framework underwent a pivotal re-evaluation with the release of the final report of the [Commission spéciale sur les droits des enfants et la protection de la jeunesse (CSDEPJ)](https://www.csdepj.gouv.qc.ca/fileadmin/Fichiers_clients/Rapport_final_3_mai_2021/2021_CSDEPJ_Rapport_version_finale_numerique.pdf) on May 3, 2021. Chaired by **Régine Laurent**, nurse and former president of the Fédération interprofessionnelle de la santé du Québec (FIQ), the Commission was created in response to the widely publicized death of a young girl in Granby in 2019. Its core conclusion was that Quebec's Youth Protection Act needed to be amended to clearly establish that the **best interests of the child must take legal priority over any presumption in favour of family reunification.** ## What Bill 15 Changed in the Youth Protection Act In response to the Commission's findings, the National Assembly unanimously adopted [Bill 15, "An Act to amend the Youth Protection Act and other legislative provisions"](https://www.assnat.qc.ca/en/travaux-parlementaires/projets-loi/projet-loi-15-42-2.html?msclkid=89fd7b6eaec111ecbb21774a4fbbbbe3), on December 1, 2021. The bill received royal assent in April 2022 and is now fully in force. The amended [Youth Protection Act (section 3, YPA)](https://www.legisquebec.gouv.qc.ca/en/document/cs/P-34.1#se:3) now states that _"the interest of the child is the **primary** consideration in the application of this Act."_ This addition of the word _"primary"_ marks a significant change from the 2019 version, which only required that decisions be in the child's interest. Similarly, [section 4](https://www.legisquebec.gouv.qc.ca/en/document/cs/P-34.1#se:4) now emphasizes that all decisions made under the Act must **promote continuity of care and stability in a child's life**, taking into account their needs and age. As a result, placement with the child's family is still preferred but only if it truly and primarily serves the child's best interests. This change is more than symbolic. It repositions the child's safety, emotional well-being, and long-term development as the overriding considerations in every decision made by DYP workers. The law makes clear that maintaining a child in their **family environment is no longer the default goal** if doing so would compromise the child's overall welfare. ## The New Legal Reality: Child-Centered Decision-Making for the DYP The updated Youth Protection Act reflects a decisive shift in legal and ethical priorities. DYP workers are now legally required to place the child's needs and stability above the rights or desires of the parents. While it is still too early to draw complete conclusions about how these reforms will affect family interventions across Quebec, early feedback from legal and social work professionals has emphasized the importance of **careful, individualized assessments in each case.** What is clear is that the **law no longer treats the family's involvement as an absolute right.** Instead, it treats it as a conditional privilege that must be evaluated in light of what is best for the child. This legislative evolution reinforces the core principle that every decision in youth protection must be centered on the child's present and future well-being. At Goldwater Droit, our experienced [family law team](https://goldwaterdroit.com/en/services/family-law-lawyer) is at the forefront of the latest developments in Quebec's [youth protection](https://goldwaterdroit.com/en/services/youth-protection) system. If you are facing a DYP intervention or require strategic legal support in any [family law](https://goldwaterdroit.com/en/services/family-law-lawyer) matter, we are here to help. Trust one of [Montreal's most respected litigation firms](https://goldwaterdroit.com/en) to provide clarity, compassion, and unwavering advocacy when it matters most. WRITTEN BY: #### Louis Cornillaut _Associate_ --- Louis joined the firm as an articling student in August 2021 under the supervision of Me Jeffry Awwad and was called to the Bar in 2022. He obtained his bachelor's degree in civil law from the Faculty of Law of the University of Montreal in 2020 and passed the Bar exams in February 2021. Louis is also pursuing his master's studies in law at University of Montreal under the direction of Me Alain Roy, with the goal of completing a thesis on the Youth Protection Act. [**Previous Post**Open Letter from Me Goldwater: Dangerous Slaughter of a Young Deer Near Michel-Chartrand Park](https://goldwaterdroit.com/en/news-insights/2022/03/open-letter-from-me-goldwater-dangerous-slaughter-of-a-young-deer-near-michel-chartrand-park) [**Next Post **Éric Dussault: 13 Years of Helping Animals in Distress](https://goldwaterdroit.com/en/news-insights/2022/04/eric-dussault-13-years-of-helping-animals-in-distress)