2022 QCCQ 13866, 2022 QCCQ 13866

Protection de la jeunesse — 224612 2022 QCCQ 13866 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF […] Youth Division No: 145-41-000704-210 DATE: July 6, 2022 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on […], 2018 Child and A B Parents/Respondents ______________________________________________________________________ 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 9.2 and 9.3 and 135 Y.P.A.). [ 1 ] On January 25, 2022, the Court orders that the child remain in foster care for an additional period of six months. The director of youth protection (DYP) now asks the Court to revise and extend that judgment. The DYP recommends that the child be entrusted to her maternal grandparents, as a kinship foster family. [ 2 ] The mother admits the alleged situation and consents to the suggested measures. Child’s counsel also agrees with the DYP.

The father is absent, therefore the Court ignores his position in regard to the application. [ 3 ] Following the hearing, the Court delivers an oral judgment and grants the application. Here are the reasons supporting that decision. [ 4 ] According to the evidence, the father’s situation deteriorates and hinders the return of the child to his care. Indeed, the father is unstable and still suffers from addictions. Despite numerous referrals, he does not involve himself in follow-ups in order to solve his personal issues. He does not cooperate either with the youth protection delegate.

In fact, the father rather blames social services in regard to his current situation. [ 5 ] The mother cooperates with the DYP and receives counselling concerning her personal problems. [ 6 ] For a while, the child has multiple and extended contact with her parents and grandparents. However, contact has been reduced to provide a more stable and predictable routine for the child. She nevertheless still visits her maternal grandparents weekly. She also meets with her mother when spending time at the grandparents. [ 7 ] Over time, issues occur with the foster family to whom the child is entrusted.

The foster family takes good care of the child but has a hard time interacting with the parents and dealing with the conflict opposing mother and father. Moreover, the foster family observes that the child benefits from extended outings at the grandparents and the latter are able to assume her care. [ 8 ] Under the circumstances, entrusting the child to her grandparents meets her best interest. The application is therefore well founded. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT:

[ 9 ] GRANTS the application for revision and extension of order; [ 10 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 11 ] REVISES AND EXTENDS the Court order rendered on January 25, 2022; [ 12 ] ORDERS that the child be entrusted to a kinship foster family, that of her maternal grandparents; [ 13 ] ORDERS that contact between the child and her parents be determined according to an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 14 ] ORDERS that the parents be sober in the presence of the child; [ 15 ] RECOMMENDS that the father seek counselling for his personal issues, namely addictions and anger management; [ 16 ] RECOMMENDS that the mother continue her counselling for her personal issues, namely addictions and mental health; [ 17 ] RECOMMENDS that the parents submit themselves to random screening of drug tests; [ 18 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and her family until December 31, 2022; [ 19 ] ENTRUSTS the situation of the child to the director of youth protection of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Jules Grenier for the child Ms. A the mother Mr. B the father (absent) Written judgment filed on July 11, 2022