2022 QCCQ 13578, 2022 QCCQ 13578

Protection de la jeunesse — 228295 2022 QCCQ 13578 COURT OF QUÉBEC Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF […] N° : 505-41- 010603-217 DATE : December 1, 2022 ______________________________________________________________________ PRESIDED BY: THE HONOURABLE LYNE MORIN J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- X , born on [...], 2006 Child -and- A Mother -and- B Father ___________________________________________________________________ J U D G M E N T

Section 95 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 and 9.3 and 135 Y.P.A .] [ 1 ] The Director of Youth Protection (Director) presents an application for revision and extension of a Court order rendered on September 21, 2021, by Judge Veillet.

This judgment was modified on May 10, 2022. [ 2 ] In accordance with this Court order, the child was entrusted to her maternal uncle for a period of nine months and the mother's contacts with the child were to be upon agreement between the parties as to the frequency and terms. In the absence of agreement, the frequency and terms will be determined by the Director. It was also recommended that the child and the mother attend a family therapy and that the mother participate in services to improve her parenting skills.

Support measures were ordered for one year. [ 3 ] As main measures, the Director recommends that the child be entrusted to the care of her maternal uncle until she reaches the age of majority and that contacts with her mother be following agreement between the parties and in consideration of the child's wishes. Support measures are suggested for the same period. [ 4 ] The Director is exempted from serving the procedure to the father since his address is unknown.

[ 5 ] The mother requests that the child be entrusted to her. [ 6 ] The child agrees with the measures sought by the Director. [ 7 ] The uncle is admitted in the Court room under

section 83 YPA. CONTEXT [ 8 ] The Director is involved in the family due to psychological ill-treatment and physical abuse. According to the Court order rendered by Judge Hurtubise in the district of Town A, the relationship between the child, her mother and her partner is conflictual, and the mother admits to hitting her daughter at least once in January 2020 [1] . [ 9 ] The child has been entrusted to her uncle since February 2020. She is developing positively. She is in secondary 5 and works part-time. However, some absences and delays are observed at school.

On this subject, the uncle mentions that some of the delays are due to traffic because the school is located in the [area A]. [ 10 ] The relationship between the uncle and the mother is conflictual. [ 11 ] There were few contacts between the child and her mother during the last order. [ 12 ] During the 2021 holiday season, the child visited her mother at her home, but the visit was ended at the child’s request. The mother and the child have a different perception of how the visit went. The next physical contact occurred in March 2022 for the birthday of the child’s brother. The contact was once again difficult.

The last contact took place in September 2022, in order to complete the forms to obtain her health insurance card. [ 13 ] The mother has several concerns about her daughter, particularly about her school and her consumption. On one occasion, she called the police asking them to check on the child's state of health at the uncle's house. [ 14 ] The mother attended workshops to improve her parenting skills. ANALYSIS Is it in the best interest of the child to be entrusted to her mother? [ 15 ] The answer to this question is negative. [ 16 ] The maximum placement period provided under

section 91.1 YPA have been reached. Consequently, the Court must issue an order that will ensure continuity of care, stable relationships and stable living conditions corresponding to the child’s need and age on a permanent basis. [ 17 ] However, if it is in the best interests of the child, the Court may disregard this period, especially if the child’s return to her family environment is expected in the short term. [ 18 ] The child and the mother attended few family therapy sessions to improve their relationship, but there are still many issues to work on, including their communication and trust with each other.

The child no longer wishes to attend therapy with her mother. [ 19 ] Thus, before considering a family reintegration, they must first be able to spend moments together, which seems, difficult to achieve. [ 20 ] The uncle agrees to take care of his niece for the long term.

It is a living environment that meets her needs. [ 21 ] Therefore, it is in the child's best interests to be entrusted to her uncle until she reaches the age of majority and continue to work on the relationship with her mother. [ 22 ] If new facts arise, the judgment may be revised. [ 23 ] Regarding the other measures sought by the Director, they are justified because of the relationship issues between the child and her mother.

FOR THESE REASONS, THE COURT: [ 24 ] GRANTS the present application; [ 25 ] DECLARES that the security and the development of the child are still in danger; [ 26 ] REVISES AND EXTENDS the Court order rendered on September 21, 2021; [ 27 ] ORDERS that the child be entrusted to the kinship foster family of the maternal uncle, Mr.

C; [ 28 ] ORDERS that the contacts between the child and the mother be determined by an agreement between the parties; [ 29 ] RECOMMENDS that the child and the mother participate in a therapeutic process to work on resolving their conflictual relationship; [ 30 ] ORDERS that the child and the mother take an active

part in the application of the measures ordered by the Court;

[ 31 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 32 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A, for the execution of the present judgment; [ 33 ] THE WHOLE until the majority of the child, on [...], 2024. ________________________________ Lyne Morin , J.C.Q. M e Onomée Daferu-Savoie Attorney for the Director M e Karine Leclerc Attorney for the child M e Nancy Côté Attorney for the mother Date of hearing: December 1, 2022. Date of signature: December 16, 2022