2022 QCCQ 9010, 2022 QCCQ 9010

Protection de la jeunesse — 224875 2022 QCCQ 9010 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 640-41-001867-149 DATE : MAY 18 th , 2022 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2009 Child and [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in [...], Applicant and A Mother B Father deceased.

JUDGMENT Articles 95 (par. 2), 75 - Youth Protection Act [ 1 ] The Director of Youth Protection (Director) submits an application for an extension of the decision rendered on May 25 th , 2021, entrusting the child to a foster family, recommending that the youth be entrusted to Mrs. C and ordering several assistance measures including aid, counselling and assistance to the youth and the family until May 31 st , 2022. [ 2 ] The Director asks the Court to order that the youth be entrusted to the foster family of Mrs.

C until he reaches the age of majority and that the Court order several assistance measures including aid, counselling and assistance to the child and the child’s family until [...], 2027. [ 3 ] The parties informed the Court that prior to the hearing an agreement has been signed and that the parties acknowledge the reasons for compromission and agree to the proposed measures.

[ 4 ] At the hearing, the validity of the consent has been verified, the draft agreement has been signed in a full and enlightened manner. [ 5 ] The parties acknowledge that the security and development of the youth are endangered under

section 38 b 1 o iii.- neglect in terms of educational needs (inappropriate parental attitude in the maternal environment) - and under

section 38 b ) 2 o –serious risk of neglect (substance abuse by the mother). [ 6 ] The mother admits the following facts. [ 7 ] Since the last Court hearing, the situation of the mother remained the same. [ 8 ] The mother still struggles with alcohol consumption issues, and she did not take any steps to address her issues. [ 9 ] The mother exposed the child to her alcohol consumption when the latter was visiting. [ 10 ] The mother is still unable to provide the child with a safe environment, according to his needs. [ 11 ] Since the last Court hearing, the youth remained under the care of his foster family, Mrs.

C. [ 12 ] The youth underwent a psychological assessment and was diagnosed with a mild intellectual disability, attention deficit hyperactivity disorder and a posttraumatic stress disorder. [ 13 ] The youth received support and made positive progress under the care of Mrs. C. [ 14 ] Thus, the youth was able to work on his behaviours and to evolve in an environment where he feels safe and loved. [ 15 ] The youth remains highly vulnerable, notably because of his traumas related to his biological family’s alcohol and violence abuse. [ 16 ] Mrs.

C is willing to take care of the youth until the age of majority. [ 17 ] The parties agree to the application of the following measures. [ 18 ] That the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre, namely Ms. C, until he reaches the age of majority. [ 19 ] That the child and the child’s parents take an active

part in the application of any of the measures ordered by the tribunal. [ 20 ] That the child and the child’s parents report in person, at regular intervals, to the Director to inform of the current situation. [ 21 ] That the child and the child’s family receive the services of an external educator for the period deemed necessary by the professionals. [ 22 ] That the parents remain sober in the presence of the child. [ 23 ] That the parents remain without any violent behaviour in the presence of the child. [ 24 ] That the contacts between the child and the parents be determined by the Director as for the modalities, the frequency and the degree of supervision. [ 25 ] That a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family. [ 26 ] That the situation of the youth be entrusted to the Director of Youth Protection A, who shall then see that the measures are carried out. [ 27 ] The Court read the agreement before the hearing and after having assessed the whole evidence concludes that the application is well founded in facts and in law and that the proposed measures to which all parties agree on ensure continuity of care, stable relationship and stable living conditions corresponding to the child’s needs and age on a permanent basis.

THEREFORE, THE COURT: [ 28 ] GRANTS the application under

section 95 of the Youth Protection Act ; [ 29 ] CONFIRMS and DECLARES enforceable the agreement signed by the parties; [ 30 ] ORDERS that the youth be entrusted to a foster family chosen by the institution operating a child and youth protection centre, namely Mrs. C, until he reaches the age of majority, [...], 2027; [ 31 ] ORDERS that the youth and the youth’s parents take an active

part in the application of any of the measures ordered by the tribunal; [ 32 ] ORDERS that the youth and youth’s parents report in person, at regular intervals, to the Director to inform of the current situation;

[ 33 ] ORDERS that the youth and the youth’s family receive services of the external educator for the period deemed necessary by the professionals; [ 34 ] ORDERS that the parents remain sober at all times in the presence of the youth; [ 35 ] ORDERS that the parents remain without any violent behaviour in the presence of the youth; [ 36 ] ORDERS that the contacts between the youth and the parents be determined by the Director of Youth Protection for the modalities, the frequency and the degree of supervision; [ 37 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the youth and the youth’s family; [ 38 ] ENTRUSTS the situation of the youth to the Director of Youth Protection for the execution of the present order until [...], 2027. ___________________________________ LUCIE GODIN, J.C.Q.

M e Justine Carli Attorney for the Director of Youth Protection M e Angèle Tommasel Attorney for the mother M e Cassandra Neptune Advocate for the child Dates of hearing : May 18 th , 2022 Last exhibit: D-29 to D-31