No to systemic inequalities! FFARIQ Takes Its Case to Court

On October 15, the FFARIQ, children in the care of the DPJ, and kinship foster families filed a lawsuit in the Superior Court of Quebec to challenge legislative provisions they deem discriminatory.

Ten families, including 19 children, are named in this lawsuit, which denounces a two-tiered system. The systemic inequalities thus created deprive children placed with a relative of the support and services to which they would have been entitled in a foster family recognized by an agency. The FFARIQ has been denouncing this reality for several years.

Identical Needs, but Different Services

When a child must be removed from their family environment, the Youth Protection Act prioritizes placement with a significant other. This may be a grandparent, another family member, or someone with whom the child has developed a strong bond.

These individuals often agree to take in the child on short notice, without having had time to fully assess all the responsibilities involved.

However, before they can obtain official recognition as a local foster family (FAP), they must go through an evaluation process that can take six months or longer.

During this period, prospective community foster families (PFAPs) do not receive the same level of support for the children or the same financial assistance as already-certified foster families.

This can have significant consequences for the PFAPs’ ability to meet the needs of the children entrusted to them by court order.

Very Real Consequences for Children

Beyond financial support, children placed with these families may also be deprived of institutional, clinical, and professional services during the period leading up to accreditation.

The situation becomes even more concerning when a significant caregiver is unable to obtain this accreditation, even if a court determines that keeping the child in that environment is in the child’s best interest.

Inequalities can also persist once young people reach the age of majority. While some youth placed in foster care may receive support to continue their education until age 20, those placed with a kinship family do not necessarily have access to such support.

For the FFARIQ, this difference in treatment is unacceptable.

A child in the care of child protective services should have access to the services and support they need, regardless of the status of the person caring for them.

The FFARIQ calls for children’s rights to be respected

Through this legal action, the FFARIQ seeks to highlight the inequalities created by the system and challenge the legislative provisions believed to be responsible for them.

Local foster families play an essential role in the lives of children facing particularly difficult circumstances. They enable these children to maintain meaningful relationships and grow up in a familiar, stable, and safe environment.

They should not be penalized for accepting this responsibility. Above all, children should not suffer the consequences of their administrative status.

For FFARIQ, the priority must always remain the same: the best interests and well-being of the child.

It is time for the rules governing youth protection to fully reflect this principle.

The FFARIQ will continue to defend the rights of foster families and the children entrusted to them so that everyone can receive the necessary support and guidance.

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