FFARIQ: Unequal Support For Quebec Youth Challenged In Court

• FFARIQ and ten families have launched a constitutional challenge in the Quebec Superior Court over unequal support for children in youth protection.
• The challenge alleges that kinship foster families (PFAP) receive substantially less support than recognized foster families (RTF-FA), despite caring for children placed by the DPJ.
• Specific concerns include inadequate compensation, contract terminations, and inconsistent support for multiple children within the same household.
• Youth protection follow-up for PFAPs and RTF-FAPs reportedly ends at age 18, lacking additional support for transitioning adults.
• The applicants invoke equality and security rights under the Canadian and Quebec charters, seeking a declaration of unconstitutionality and government corrections.

When the State entrusts a child to a relative, it should support them just as much as if the child had been placed in an accredited foster family. That is not what is happening today.

The Fédération des familles d'accueil et ressources intermédiaires du Québec (FFARIQ), alongside ten families representing a total of 19 children, has initiated a constitutional challenge in the Quebec Superior Court. This legal action targets alleged disparities in the support provided to children under the care of Quebec's youth protection authorities (DPJ), specifically highlighting the FFARIQ unequal support Quebec youth receive based on their placement type. The applicants are seeking a judicial review of existing legislative and administrative provisions, contending that these measures effectively create two distinct categories of children within the youth protection system.

The core of the complaint centers on the differing levels of assistance offered to kinship foster families, known as applicants for kinship foster family status (PFAP), compared to recognized family-type resource foster families (RTF-FA). Despite both types of families caring for children placed by the DPJ or a court, FFARIQ asserts that PFAPs receive significantly less support. While children placed with RTF-FAs benefit from comprehensive aid covering essentials like clothing, school supplies, medical care, extracurricular activities, and clinical services, those with PFAPs reportedly do not receive comparable assistance.

The constitutional challenge brings to light several instances of hardship experienced by kinship foster families. Some relatives, for example, allegedly received insufficient compensation during lengthy assessment periods, with no retroactive payments to cover past expenses. Other families reported having their support contracts terminated, even when court orders mandated children remain in their care, forcing them to deplete personal savings to meet daily needs. Furthermore, inconsistencies were noted where some households received varying levels of support for two children placed by the same court, simply because a formal agreement was in place for only one of them.

Concerns also extend to the support provided for young people as they transition into adulthood. FFARIQ has highlighted that youth protection follow-up for both PFAPs and family-type resource proximity foster families (RTF-FAP) ceases at age 18, without any additional support measures to aid their independence. Mélanie Gagnon, the provincial president of FFARIQ, emphasized that relatives who step in to care for children should receive the same level of support as accredited foster families. She stated that when the State entrusts a child to a relative, it should support them just as much as if the child had been placed in an accredited foster family, and that this is not currently happening. She further articulated that providing care should not lead to the impoverishment of caregivers or render the child a 'second-class child'.

The legal foundation for this Quebec Superior Court constitutional challenge rests on the rights to equality and security, as enshrined in both the Canadian and Quebec charters. The applicants are petitioning the court to declare the contested provisions unconstitutional and to mandate the Quebec government to implement the necessary corrective measures. This challenge underscores a critical aspect of children's rights Quebec, particularly concerning equitable treatment within the youth protection system.

Under the Quebec Youth Protection Act, authorities are legally obligated to prioritize placing children removed from their family environment with individuals who hold significant relationships with them, such as grandparents, aunts, or uncles. This statutory preference for kinship placements makes the alleged disparity in support for PFAP families particularly contentious, as it could inadvertently penalize those who fulfill the Act's primary objective by taking in vulnerable children.

Lawyers representing families involved in Quebec youth protection cases should monitor this constitutional challenge, as its outcome could significantly alter the financial and support landscape for kinship foster families (PFAP) and impact advice regarding child placement and support entitlements. Compliance officers in social services or related organizations in Quebec should prepare for potential legislative or administrative changes regarding support for children under youth protection, ensuring equitable treatment across different foster care arrangements.

Source: Original reporting via Canadian Legal Newswire