2022 QCCQ 14042, 2022 QCCQ 14042

Protection de la jeunesse — 227114 2022 QCCQ 14042 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] TOWN […] Youth Division No: 640-41-002688-213 DATE: October 21, 2022 ______________________________________________________________________ BY THE HONOURABLE NATHALIE SAMSON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on […], 2021 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection of the A C.Y.P.C.

Applicant and A (deceased) Mother ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR EXTENSION RECTIFIED ( sections 95(1) (2) and 75 , Youth Protection Act , CQLR., c. P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified.

Every person who contravenes this provision commits an offence and is liable to a fine (ss. 9.2, 9.3 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied under s. 95 of the Youth Protection Act [1] for the extension of a decision rendered on January 12, 2022, by Honourable Peggy Warolin, J.C.Q. At that time, she declared that the security and development of the child are in danger under

section 38 (

a) of the Youth Protection Act . She ordered that the child be entrusted to a foster family until August 31, 2022. [ 2 ] The Youth Director alleged that the child’s situation requires that the above-mentioned decision or order be extended until the child reaches the age of 18 years. [ 3 ] The mother died on […], 2021. There is no declared father. Counsel for the child told the court that the requested measures are in the child’s best interest. [ 4 ] The following facts were introduced in evidence: [ 5 ] Since the last Court hearing, the child has remained under the care of a foster family, and he is doing well.

The child has a global development delay and is followed by a medical team to receive the services required by his condition. With the help of professionals, he has made great progress with his mobility and motor skills. [ 6 ] The child is highly vulnerable and needs a stable caregiver to evolve positively. The Director made many attempts with the biological family but nobody was available to take care of the child in the long term.

They made two widespread appeals – one in February 2022 and the other in March 2022 – but received no positive response. [ 7 ] The child has been entrusted to the foster family of B and C, since June 2022. He is well integrated. The foster family has done the follow-up with the medical situation. The child has made progress and he continues to be followed by a pediatrician.

The maximum placement period has been reached and the foster family is willing to take the child until he reaches the age of 18 years. [ 8 ] The foster family understands that cultural continuity is all-important for the child and are committed to ensuring that continuity. They are willing to travel up North, they have enrolled the child in a daycare where he will be able to learn English, probably the only language that will keep him in contact with his community. They have tried to find cultural, linguistic and artistic activities related to the Inuk culture.

They have already tried to organize some activities with indigenous children.

[ 9 ] The child has never seen his biological mother. When the Director informed the biological mother of the fact that they had found a foster family that had agreed to take the child for a long-term placement, the biological mother was happy for the child.

The foster mother testified that if the biological mother wishes to receive pictures or to see his child, she will agree to that and make the required steps to organize visits. [ 10 ] Counsel for the child informed the Court that the measures are in the child’s best interest and meet his needs. [ 11 ] After taking into consideration the documentary evidence, the testimony and the positions of the parties, the Court finds that the evidence is sufficient to declare that security and development of the child are still in danger and that the measures suggested meet his needs and are deemed to be in his best interest.

FOR THESE REASONS, THE COURT: [ 12 ] GRANTS this application for extension; [ 13 ] EXTENDS the decision or order rendered on January 12, 2022; [ 14 ] DECLARES that the security and the development of the child are in danger under

section 38 (

a) of the Youth Protection Act ; [ 15 ] ORDERS that the child be entrusted to a foster family, namely C and B until he reaches the age of 18 years; [ 16 ] ORDERS that the child has at least one trip per year to Town A; [ 17 ] RECOMMENDS STRONGLY that the child be registered in English kindergarten and English school so that he can communicate with his community; [ 18 ] ORDERS the Director to develop a specific plan to preserve the cultural identity of the Inuk child; [ 19 ] ORDERS that effective measures be put in place to support the developmental needs respecting the child's identity, including promoting knowledge of his origin, language and culture; [ 20 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and the mother; [ 21 ] ENTRUST the situation of the child, X , to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out; [ 22 ] ORDER the execution of the present judgment by any peace officer. __________________________________ NATHALIE SAMSON, J.C.Q.

Mtre Alix Génier Cain Lamarre, s.e.n.c.r.l. Counsel for the D.Y.P. Mtre Cassandra Neptune Legal Aid Counsel for the child Date of hearing: October 21, 2022