2021 QCCQ 17063, 2021 QCCQ 17063

Protection de la jeunesse — 217826 2021 QCCQ 17063 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] « Youth division »

No: 145-41-000605-193 DATE: November 3, 2021 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 2015 Child -and- A -and- 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 ] The director of youth protection (DYP) asks the Court to revise and extend the order rendered on August 4, 2021, in order to entrust the child to a foster family, until May 31, 2022. His siblings are also aimed by the same proceedings and common evidence is presented. [ 2 ] At the hearing, only the mother is present and assisted by a lawyer.

The latter agrees mostly with the DYP’s recommendations but expressed her disagreement at first, with the conclusion about the withdrawal of the exercise of parental authority. [ 3 ] In the latest judgment, the child is entrusted to a foster family who also happens to be his paternal grandmother. Nevertheless, a gradual reintegration with the mother is planned starting December 28 th , 2021, if the situation allows it and if she has a place to reside. There were no restrictions regarding contacts between the mother and her children since she was living as well with the paternal grandmother.

During this time, the mother is very involved with her children and she is there for them. She is collaborating with the DYP. The situation was slowly resolving, except her housing issues. [ 4 ] Unfortunately, the situation took a whole different turn soon after this hearing. The mother does not give any more news and does not inform the DYP of her whereabouts. The social worker sends her many emails and letters, she does not respond back except when it concerns her children directly.

Furthermore, she does not pursue her follow-up regarding drug addiction. [ 5 ] The mother resurfaces on October 7, 2021, and shows up for a meeting with the social worker, but leaves before the end. The following days, she asks for a calendar of contact with her children. A visit is scheduled on October 13, 2021, but she does not attend. As for the father, he is absent from the children's lives and he does not communicate with the DYP, despite many letters transmitted by the social worker to the latter.

He was not involved in any follow-up recommended by the Court. [ 6 ] The child adapts well to his new environment. He has some academic problems. He is described as an energetic child, but he has difficulty concentrating and shows a delay in his language. He underwent a psychiatric assessment to evaluate his personal, intellectual and psychological situation, with the aim of making recommendations both for the school and for his parents as well as the foster family.

[ 7 ] The psychiatrist comes to several conclusions about the child during the assessment. He concludes that the latter as an important developmental delays regarding language and visuo-motor coordination, a low non-verbal abilities and verbal intelligence as well as a significant risk factor to develop a learning disorder [1] . Further evaluations will be required regarding the child to assess certain aspects more deeply. [ 8 ] Concerning the child, he enjoys the visits with his paternal grandfather.

However, he does not ask to see his parents. [ 9 ] The DYP requests that the attributes of parental authority be withdrawn from the parents. However, there is no evidence that they are negligent regarding the authorizations to be signed for the child’s need. On the contrary, the mother even confirms by email her consent for the child to be removed from his actual foster family, to be placed into a new one. [ 10 ] The evidence demonstrates that the security and development of the child are still in danger.

Considering the evidence, the admissions and the consents regarding the recommendations of the DYP, the application is well founded except regarding withdrawing the exercise of parental authority. These measures appear to be in the child’s best interest.

WHEREFORE, THE COURT: [ 11 ] GRANTS the application for revision and extension of order; [ 12 ] DECLARES that the security and development of X are still considered to be in danger; [ 13 ] REVISES AND EXTENDS the Court order rendered on August 4, 2021; [ 14 ] ORDERS that the child be entrusted to a foster family designated by DYP, until May 31, 2022; [ 15 ] ORDERS that the contacts between the child and his parents be determined according to an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 16 ] ORDERS that the contacts between the child and his maternal grandmother C be determined according to an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 17 ] ORDER that the contacts between the child and his paternal grandparents be determined according to an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 18 ] ORDERS that the parents periodically report to the DYP on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which his security or development is in danger; [ 19 ] AUTHORIZES the DYP to sign any relevant documents regarding the child with regards to health care, education or other activity, if the parents neglect to give the authorization within a delay of 48 hours ; [ 20 ] RECOMMENDS that the parents submit themselves to random screening drug tests; [ 21 ] RECOMMENDS that the parents engage psychological counselling in connection with their personal difficulties, including drug and alcohol addiction follow-up, as deemed necessary by the professionals involved; [ 22 ] RECOMMENDS that the parents submit themselves to counselling for personal issues; [ 23 ] ORDERS that the parents actively participate in the application of the measures ordered until May 31, 2022; [ 24 ] ORDERS that a person working in an organization or institution brings to the child as well as to his family, help, advice and support, until May 31, 2022; [ 25 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present measures; [ 26 ] ORDERS that the parties concerned by this order comply with it. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Ariane Cayer for the child Me Isabelle Gagnon for the mother Mr. B Father (absent) Written judgment filed on November 15, 2021.