2022 QCCQ 6839, 2022 QCCQ 6839

Protection de la jeunesse — 222898 2022 QCCQ 6839 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] «Youth Division»

N° : 505-41-007694-146 DATE : May 27, 2022 ______________________________________________________________________ PRESIDED BY : THE HONORABLE MARIO GERVAIS J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker duly authorized by the Director of Youth Protection A , Applicant -and- X , born on […], 2011 Child-respondent -and- A Mother-respondent -and- B Father-respondent ______________________________________________________________________ J U D G E M E N T Section 95(1) 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 11.2.1 and 135 Y.P.A .] [ 1 ] The Director of Youth Protection (the Director) petitions the Court with an application for revision of a Court decision in the matter of the child X , born on […], 2011. [ 2 ] The Director is involved in the child’s situation for many years since there has been voluntary measures and Court decision dating from December 2011 due to an ongoing cycle of substance abuse and a violent and unstable relationship between the parents.

Therefore, the security and development of the child have been declared in danger on the grounds of being subjected to parental neglect and to psychological ill-treatment. [ 3 ] The last Court decision, rendered on June 5 th , 2017, orders a permanent life plan by entrusting the child to the foster family of Ms. C and Mr.

D until his majority, […], 2029. [ 4 ] The Director alleges that the situation of the child requires the revision of this Court decision for the reasons outlined in paragraph 4 of the application, mainly that the irregular involvement of the mother in the life of the child has negative repercussions on him. [ 5 ] The Director recommends that all contacts between the mother and the child be forbidden and that the exercise of certain attributes of the mother's parental authority becomes the responsibility of the foster family.

Position of the parties and litigation [ 6 ] The mother is absent. Her address is unknown. She has a mobile phone that was given to her by A Social Services. Numerous phone calls from the social worker were not returned. [ 7 ] The father is in agreement with the conclusions of the application. [ 8 ] The lawyer for the child informs the Court that his client doesn’t fully understand the measures sought by the Director, but is not contesting them. Description of the situation and analysis [ 9 ] Let’s recall that the child is under the care of his foster parents since June 4 th , 2014.

Over the years, a bond of attachment has been developed and unites them deeply. The child considers them to be his true parents. [ 10 ] The child has special needs. He has been diagnosed with reactive attachment disorder, attention deficit/hyperactivity disorder and mild intellectual disability. Over the years, he has received different health services. [ 11 ] The foster family cooperate with the Director and with all the professionals involved. They make themselves and the child available whenever needed. [ 12 ] The mother is still struggling with her drug and alcohol addiction.

Her lifestyle is precarious and instable, including living in a crack house in fall 2018. [ 13 ] The mother also experiences mental health issues since, at time, she has suicidal thoughts. [ 14 ] Over the years, the mother has maintained irregular contacts with her child, including long period of absence followed by her unpredictable reappearance. Such a behavior is detrimental to any child, but has even more severe and negative impacts on this child considering his diagnosis and vulnerability. [ 15 ] The last contact between the mother and the child occurred on May 31 st , 2018.

The last meeting between the mother and the Director occurred on January 8 th , 2019. [ 16 ] The mother can be unreachable for months or even years by the Director and the foster family. Hence, they can’t obtain her authorization concerning numerous aspects of the child’s life. [ 17 ] The father is not involved in the child’s life for years and has not taken steps the settle his personal difficulties. [ 18 ] The Court concludes that the security and development of the child are still in danger. [ 19 ] The best interest of the child commands that he remain under the care of his foster parents until his majority.

All contacts between the child and his father are already forbidden. Such will also be the case with the mother from now on. [ 20 ] In addition, the foster family ought to be invested with the exercise of certain attributes of parental authority. FOR THESE REASONS, THE COURT: [ 21 ] GRANTS the application; [ 22 ] DECLARES that the security and the development of the child X are still in danger; [ 23 ] REVISES the Court decision rendered on June 5 th , 2017; [ 24 ] ORDERS that the child be entrusted to the foster family of Ms. C and Mr.

D; [ 25 ] ORDERS that the contacts between the child and his extended family be following agreement between the child, the Director and the foster parents Ms. C and Mr. D; [ 26 ] FORBIDS all forms of contacts between the child and his parents; [ 27 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and his family; [ 28 ] WITHDRAWS the exercise of certain attributes of parental authority from the pa-rents and AUTHORIZES Ms. C and Mr.

D to sign the authorizations required for medi-cal, dental, educational, recreational, driver’s licence, passport, status card and travel; [ 29 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of Montérégie for the execution of the measures ordered; [ 30 ] THE WHOLE, until the majority of the child, […] 2029.

_______________________________ Mario Gervais, J.C.Q. M e Adrienne Fournier-Sirois Attorney for the Director M e Jean-Pierre Gaudreau Attorney for the child Date of the signature: May 27, 2022