2019 QCCQ 11856, 2019 QCCQ 11856

Protection de la jeunesse — 192297 2019 QCCQ 11856 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005195-162 DATE: March 13, 2019 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2014 Child ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified. Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] X is the subject of protective measures since his infancy in reason of a serious risk of neglect stemming from his parents’ personal difficulties and instability.

In virtue of the last judgment rendered on May 17, 2018, he transfers from his great grand-mother’s care to his great-uncle (Mr.

C) and this, with the view of stabilizing him on a permanent basis, should the parents not be able to rehabilitate the situation of endangerment. [ 2 ] X is still adapting to this new family environment, and struggles with the structure and routine now put in place. He can be reactive, having fits, being disobedient and even violent. Despite the challenges in place, the child thrives in his new environment and receives consistent and adequate responses to his needs. [ 3 ] An educator intervenes with the objective of supporting the foster family.

Concurrently, the contacts with the maternal grandmother are reduced, these being observed to be a source of the child’s reactivity. In the last months, a significant improvement is observed. [ 4 ] X benefits from supervised contacts with his parents. He sees his mother regularly. His father is inconsistent as to his involvement, both as to the follow-up and visitation, showing extended periods of absence.

As an example, from November 2018 to February 2019, the caseworker has no news of him. [ 5 ] Both parents indicate wanting to be more implicated in their child’s life, while recognizing that their personal situations continue to be unstable. Agreements intervene as to the progression of their contacts and the conditions for such. [ 6 ] Alleging the objectives of the law as well as the child’s best interests, the Director of Youth Protection seeks the extension of the measures of protection until his majority. [ 7 ] The maternal great-uncle and his spouse are ready to implicate themselves on a long-term basis.

They will further be receiving X’s sister, Y, in their care as of today. The educator’s services will remain in place to aid in this transition. [ 8 ] Both parents as well as the child’s attorney, acting under a legal mandate, also subscribe to the proposed permanency plan. The Court endorses the conclusions sought as these respect the child’s needs to be stabilized on a long-term basis in view of his parent’s incapacity to respond to his needs. [ 9 ] FOR ALL THESE REASONS, THE COURT:

[ 10 ] GRANTS the application; [ 11 ] DECLARES that the security and the development of the child are still in danger; [ 12 ] REVISES and EXTENDS the Court order rendered on May 17, 2018; [ 13 ] ENTRUSTS the child to the foster family of Mr. C and Mrs.

D; [ 14 ] ORDERS that the contacts between the child and his father be following agreement between the parties and in the presence of a third party chosen by the Director and that they take place after three consecutive meeting with the Director of Youth Protection; [ 15 ] ORDERS that the contacts between the child and his mother be following agreement between the parties and in the presence of a third party chosen by the Director; [ 16 ] AUTHORIZES the lifting of the supervision of the contacts between the child and his mother following agreement between the parties; [ 17 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their child’s regard to put an end at the situation in which the security or development of the child is in danger; [ 18 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 19 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 20 ] ALL THE MEASURES until his majority, [...], 2028; [ 21 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Pascale Boucher Attorney for the Applicant Me Michel Robert Attorney for the mother Me Maryse Fournier Attorney for the father Me Karine P. Poissant Attorney for the child Date of hearing: March 13, 2019