2023 QCCQ 6806, 2023 QCCQ 6806

Protection de la jeunesse — 233593 2023 QCCQ 6806 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000987-195 DATE: May 30, 2023 ______________________________________________________________________ BY THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X, born on [...], 2019 Child and [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Respondent and A Applicant and B Father ______________________________________________________________________ JUDGMENT FOR INFRINGEMENT OF RIGHTS (art. 91(4) of the Youth Protection Act ) ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). Introduction [ 1 ] In accordance with the requirements of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on May 30, 2023. [ 2 ] The Director of youth protection (DYP) asks the Court to extend a decision rendered on January 20, 2022, in the situation of X.

Her security and development were then declare still endangered and she was entrusted to a foster family until December 31, 2022. [ 3 ] DYP consequently asks the Court to order the placement of the child in her current foster family until her age of majority. The response to this request will be the subject of another decision. Question in litigation [ 4 ] Have the rights of the child been infringed and what corrective measures need to be imposed.

Context and Analysis [ 5 ] Since the beginning of this case, the parents have expressed their desire for the child to be placed under their care or in a foster family in their community ([Community A] or [Community B]). [ 6 ] The proof reveals that the child was placed in a foster family living in [Town A]. [ 7 ] DYP provided two different lists from the Resource department in which we can see the steps taken to identify a foster family in [Territory A]. [1] [ 8 ] When DYP was advised that the foster family intends to stay in [Town A] on a long-term basis, the proof reveal that they re- evaluated foster families up North, with no success and presented a Court report asking for a placement until majority, within her foster family. [ 9 ] The foster family is available to take care of the child on a long-term basis.

[ 10 ] According to the mother, DYP did not made any serious attempts to find a foster family in the [Territory A], and as for now they have not found any family available for the child. [ 11 ] The mother is also complaining about the visits with her daughter and the fact that she does not have a concrete calendar of contacts.

FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the application for infringement of rights; [ 13 ] DECLARES that the rights of X have been infringed according to the articles of the Acts mentioned in paragraph 31 and 38 of the application; [ 14 ] ORDERS that the Director of Youth Protection implement without delay an intervention plan aimed in particular to preserve the child’s cultural continuity; [ 15 ] ORDERS that the child benefit from a minimum of one contact every eight weeks in [Territory A] with her family members, notably but not exclusively her siblings, parents and extended family members; [ 16 ] ORDERS that the child be exposed to English on a weekly basis; [ 17 ] ORDERS that the Director of youth Protection continue to make concrete steps to find a foster family in [Territory A] and that the details of these steps be consigned in the child’s file; [ 18 ] ORDERS that the parties be informed if the evaluation of a foster family in [Territory A] is positive; [ 19 ] ORDERS that the situation of the child be reassessed as a whole, including her capacity to adapt herself in new environments; [ 20 ] ORDERS that this decision be filed to the Commission des droits de la personne et de la jeunesse without delay. __________________________________ Dominique Wilhelmy, J.C.Q.

M e Justine Carli For the respondent M e Geneviève Lucas For the child M e Ève Laoun For the mother (applicant) M e Lola Rodriguez-Melka For the father Date of hearing: May 30, 2023