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on Family Law.
Foster Care Until Majority: What Are the Criteria?
The Youth Protection Act sets out several criteria to determine whether a child should be placed in foster care.
According to a well-established jurisprudential trend, placing a child in foster care is an exception; the child should be kept within their family environment as much as possible, whether that environment is restricted or extended.
But under what circumstances can the courts choose to place a child in foster care, temporarily or until they turn 18?
The Beginning
When a case is opened with the DYP, it must indicate a reason for endangerment. After analyzing the case, if the Director believes that the child’s interest is not protected or that the child could be in danger, a request might be formulated for an emergency placement. These placements have specific durations.
Depending on the child’s age, the nature of the case, and other circumstances, the child could be placed in foster care for a duration of 12 to 24 months.
My child has been placed in foster care, what should I do?
To know all your rights and recourses, it is relevant to have a consultation with a lawyer practicing in youth law. They can give you advice and help you effectively defend your rights as well as those of your children.
When the placement deadlines are expired, what happens next?
When the time limit set by the Law expires, two (2) paths are possible: either the placement of the child in foster care until their majority or the return to their family environment
Before ordering the placement of a child in foster care until their majority, courts often evaluate the following criteria:
The Forensic Expertise
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If you wish to file a request with the Court and need assistance
Contact us for an initial consultation with one of our lawyers specializing primarily in family law and youth protection.
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