2022 QCCQ 12076, 2022 QCCQ 12076

Protection de la jeunesse — 227110 2022 QCCQ 12076 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division Nos: 640-41-002528-203 640-41-002530-209 DATE: October 18, 2022 ______________________________________________________________________ BY THE HONOURABLE NATHALIE SAMSON, J.C.Q. ______________________________________________________________________ IN THE MATTERS OF: X, born on […], 2012 Y, born on […], 2015 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR EXTENSION ( 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 November 26, 2021, by the Honourable Dominique Wilhelmy, J.C.Q.

At that time, she declared that the security and development of the children were still in danger . She ordered that the children be entrusted to a foster family until August 31, 2022. [ 2 ] The Director asks that the children be entrusted to the foster family of C, their maternal grandmother, until they reach the age of 18 years. [ 3 ] The mother admits almost all the facts and agrees with the suggested measures. The children agree to the measures as well. The father was absent but duly notified, the Court has authorized the Director to proceed in his absence. [ 4 ] The situation of the parents remains the same.

The mother struggles with alcohol consumption. She continued to drink alcohol until May 2022, despite being pregnant. She did not take steps with Social Services or any other available resource to address her issues. The mother was aware that it was her last chance at having the children returned to her care and she did not take this last chance to take concrete steps to improve her personal issues. [ 5 ] The father is still incarcerated and will remain detained for another five years.

He was minimally involved in the children’s lives and became interested in receiving updates about them only during the last month. He recently attended a program to address his personal issues. [ 6 ] The maximum placement period has been reached for both children. They have been entrusted for twenty-nine months. [ 7 ] X’s needs are being met by his maternal grandmother and he appears to be developing well in this environment. The youth attends school on a regular basis. [ 8 ] Y is currently developing well with his maternal grandmother and the youth deserves to have a stable permanency plan.

He enjoys living with his grandmother and he wishes to continue living with her. [ 9 ] The children’s older brother, Z, was entrusted to a rehabilitation centre. The youth appears to have visited his maternal grandmother C, between May 30, 2022, and June 12, 2022. As the home visits were going well, reintegration was implemented on June

20, 2022. His grandmother is very proud of him and the visits were great. The youth has been dutifully attending school since his return to Town A and no incidents were reported. [ 10 ] The grandmother is willing to foster both children X and Y until they reach the age of 18 years and she agrees to foster Z until October 31, 2022.

The Director explained that they want to be sure that the plan with Z is stable before demanding a placement until majority. [ 11 ] Since being placed in the same foster family, all the children have had the opportunity of having daily contact with each other and with their baby sister. [ 12 ] The children are still living with their maternal grandmother, C, and continue to be developing positively. [ 13 ] After taking into consideration the documentary evidence, the testimonies and the positions of the parties, the Court finds that the evidence is sufficient to declare that security and development of the children are still in danger and that the measures suggested meet their needs and are deemed to be in their best interest.

FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the applications for extension; [ 15 ] EXTENDS the decision or order rendered on November 26, 2021, for the children X and Y; [ 16 ] DECLARES that the security and development of the children are still in danger; [ 17 ] ORDERS that the children X and Y be entrusted to a foster family, namely C, until they reach the age of 18 years; [ 18 ] ORDERS that the children and the children’s parents take an active

part in the application of any of the measures ordered by the Court; [ 19 ] ORDERS that the children and the children’s parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 20 ] RECOMMENDS that the parents seek help through social services concerning their alcohol, drugs and personal issues; [ 21 ] ORDERS that contact between the children and the parents be determined by the Director of Youth Protection as to the terms, frequency and degree of supervision; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and the children’s family; [ 23 ] ORDERS the police to cooperate in the execution of this judgment; [ 24 ] ENTRUSTS the situation of the children to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 25 ] The whole until […], 2030, for the child X; [ 26 ] THE WHOLE UNTIL […], 2033, for the child Y . __________________________________ NATHALIE SAMSON, J.C.Q.

Mtre Adèle Cyr Cain Lamarre, s.e.n.c.r.l. Counsel for the D.Y.P. Mtre Cassandra Neptune Legal Aid Counsel for the children Mtre Angèle Tommasel Counsel for the mother Date of hearing: October 18, 2022