(Quebec) The Legault government’s reform lacks clarity to really place the interests of the child at the center of the application of the future application of the Youth Protection Act, laments Régine Laurent. Quebec must do more to operate “a paradigm shift” that will put the interests of parents second, she insists.
Posted at 12:19 p.m.
“Why not be more assertive and settle this once and for all? “, launched the one who chaired the Special Commission on the Rights of Children and the Protection of Youth (Laurent Commission) which is at the origin of Bill 15, which aims to modernize the Youth Protection Act. Mme Laurent opened consultations on Tuesday on the legislative text tabled by Minister Lionel Carmant.
Although it welcomes the intention of the Legault government to place the interests of the child at the heart of its reform, it does not go far enough in the legislative text to avoid possible interpretations that would have the opposite effect. . Bill 15 notably clarifies “a confusion” in the 1984 law which “tends to keep the child in his family environment”.
“The wording of the recital relating to the interests of the child raises questions for me. For the commission, it was essential that the child be above other considerations and in this sense, the interest of the child should be THE primary consideration and not one consideration among others,” explained Régine Laurent, arguing that it was an “absolutely necessary change”.
“This is not at all the spirit in which we worked. For us, the interest of the child must be the consideration. At the limit, I would even say that it must be the only consideration, it is not written in a bill, but it must be clear, ”she added.
The interest of the child, yes, that means that the interest of the parents risks taking second place. […] Accepting this new paradigm means a lot of things, it shakes things up. But in my opinion, it is absolutely necessary. We don’t often touch the Youth Protection Act, it is important that this be extremely clear.
Régine Laurent, President of the Special Commission on Children’s Rights and Youth Protection
The Alliance of Professional and Technical Personnel in Health and Social Services expressed similar concerns, as reported The Press Tuesday.
Upon his arrival at the parliamentary committee, the Minister Delegate for Health and Social Services, Lionel Carmant, said he was “very open to wanting to improve” his legislative text and “go even further if necessary to ensure that the interest of the child comes first”.
“We will listen to all those who will participate and we will see what we can do. I will work with the oppositions too, and I am open to whatever is suggested within the limits of the possible, obviously,” he explained during a press scrum on Tuesday.
Passage to adult life: “very slight” changes
According to Régine Laurent, the amendments provided for in Bill 15 on the transition to adulthood seem to her at this stage “very weak”. The legislative text provides that with a view to “preparing the child for the transition to adult life, the director or the person so authorized may, within the last six months of such an order terminating on the child’s majority, authorize prolonged stays of the child in an environment referred to in the second paragraph or in another environment provided for in the intervention plan. »
A welcome addition, but “clearly insufficient”, she says. “The commission has prepared an entire chapter of its report for this crucial period of transition to adult life for young people who have had a career in youth protection. It is imperative that these young people have real support, accompaniment, among other things for housing, schooling and professional qualification,” continued Ms.me Lawrence.
She also regrets that Quebec has not kept the recommendation to allow young people who wish to stay with a foster family until the age of 21.
Régine Laurent also asks Quebec to go further for the First Nations. “I want to believe that the modifications to the Youth Protection Act are transitional since one of our recommendations is to support the right to self-determination and self-government in the area of youth protection for Aboriginal people,” he said.
The Assembly of First Nations of Quebec and Labrador (AFNQL) must address parliamentarians on Tuesday. According to the AFNQL, Quebec “shows contempt” for the communities by not supporting their full self-determination in their child protection services.
Bill 15 provides several additions to the Youth Protection Act to take into account “the historical, social and cultural factors that are unique” to First Nations. The notion of “family council” will be integrated in particular.