2023 QCCQ 6701, 2023 QCCQ 6701

Protection de la jeunesse — 233580 2023 QCCQ 6701 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-001175-220 DATE: May 31, 2023 ______________________________________________________________________ BY THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X, born on [...], 2021 Child and [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT FOR EXTENSION (

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ 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 31, 2023. [ 2 ] The Director of Youth Protection (DYP) asks the Court to extend a decision rendered on May 31, 2022, in the situation of X. Her security and development were declared in danger and she was entrusted to a foster family with a possible reintegration in her family for a period of one year.

DYP now recommends to extend the placement until February 29, 2024. [ 3 ] The parents were properly advised of this hearing, but they didn’t show up. The Court decided to proceed in their absence. Questions in litigation [ 4 ] Are the security and development of the child still compromised? In the affirmative, do the recommended measures answer her needs and are they in her best interest? Context and Analysis [ 5 ] The situation of the child is reflected in the application. [ 6 ] X is one year old and has been in care since March 31, 2022.

The maximum delay of placement is presently reached. [ 7 ] The father lives on another coast, and no steps were made for the paternity test. [ 8 ] It is important to put in place, as soon as possible, a collaboration with a worker on the other coast, for the father to implement the role of the DYP and verify his intentions towards the child. [ 9 ] The collaboration with the mother is nonexistent. [ 10 ] X is very young and vulnerable. She deserves a stable and healthy home environment. The foster mother, Mrs. C, is open to a long-term placement of the child.

[ 11 ] After taking into consideration the documentary evidence, the testimonies and considering the absence of the parents, the Court finds that the proof is sufficient to declare that the security and development of the child are still in danger and that the measures suggested meet her needs and deemed to be in her best interest. THEREFORE AND FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the application and EXTENDS the decision rendered on May 31, 2022; [ 13 ] DECLARES that the security and development of X, born on [...], 2021, are still endangered pursuant paragraphs b) 1 o ii, b) 2 o and e) 2 o of

section 38 of the Y.P.A.; [ 14 ] ENTRUSTS the child to Ms. C; [ 15 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court; [ 16 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 17 ] ORDERS that the parents remain sober and refrain from any kind of violence in the presence of the child; [ 18 ] RECOMMENDS that the parents seek help through the Social Services or another resource deemed appropriate concerning their personal issues; [ 19 ] ORDERS that the contact between the child and the parents be determined by the Director of Youth Protection as for the modalities, the frequency and the degree of supervision; [ 20 ] STRONGLY RECOMMENDS that a collaborator be put in place as soon as possible from the other coast, where the father lives, to reach their responsibility of providing aid, counselling and assistance with the child and the parents; [ 21 ] AUTHORIZES the Director of Youth Protection to perform unannounced visits at the parent’s residence when the child is present; [ 22 ] WITHDRAWS from the parents the exercise of certain attributes of parental authority, such as health, school, extracurricular activities and travelling and GRANTS it to the Director of Youth Protection; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 24 ] ORDERS to any peace officer to collaborate in the execution of this enactment, if requested by the Director; [ 25 ] ENTRUSTS the situation of the child to the Director who shall then see that the measure is carried out; [ 26 ] THE WHOLE until January 29, 2024. __________________________________ Dominique Wilhelmy, J.C.Q.

M e Camille Striganuk For the applicant M e Ève Laoun For the child Mrs. A Mother, absent and not represented Mr. B Father, absent and not represented Date of hearing: May 31, 2023