2023 QCCQ 2497, 2023 QCCQ 2497

Protection de la jeunesse — 23836 2023 QCCQ 2497 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

No: 145-41-000716-214 DATE: February 23, 2023 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION, Applicant -and- X born on [...], 2018 Child -and- A B Parents ______________________________________________________________________ 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 et 9.3 and 135 Y.P.A.). [ 1 ] The director of youth protection (DYP) asks the Court to revise and extend a judgment rendered in October of 2021 regarding the child. [ 2 ] The latter is then entrusted to a specific foster family, namely the one of Ms. C. The foster mother’s spouse at the time is the child’s uncle.

They put an end to their relationship in 2022, and the uncle is now the one taking care of the child. [ 3 ] The DYP recommends entrusting the child to his uncle, as a foster family, until he comes of age. [ 4 ] Neither parent is present at the hearing. However, mother’s counsel tells the Court she agrees with the suggested measures. At the light of the evidence, the child’s lawyer also believes the measures meet his client’s needs. [ 5 ] The Court rules on the case through an oral judgment at the hearing. The decision is based on the following reasons. [ 6 ] The father does not take

part in the child’s life, neither does he cooperate with the youth protection delegate. [ 7 ] The mother has very little contact with the child. During the supervised visits, the child does not want to be held by his mother and they both remain distant from one another. Afterwards, the child displays negative changes in his behaviour. In fact, during and after contact, the child regresses back to his previous behavioural issues. [ 8 ] The mother still deals with addictions and other personal issues. She admits she cannot take care of the child and answer his needs. [ 9 ] The child is diagnosed with autism.

He requires a high amount of support services, which he receives daily at home and in daycare. His uncle testifies that he was always the primary caregiver, even when living with his former spouse. He attends all appointments and keeps the youth delegate informed. He commits himself to take care of the child on the long term. [ 10 ] We cannot foresee the child going back to live with either parent. Entrusting him to his foster family will provide him with stability. His best interest requires to grant the application.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 11 ] GRANTS the application for revision and extension of order; [ 12 ] DECLARES that the security and development of X are still in danger according to

section 38 of the Youth Protection Act ; [ 13 ] REVISES AND EXTENDS the Court order rendered on October 7, 2021; [ 14 ] ORDERS that the child be entrusted to the foster family of Mr.

D, the maternal uncle, until his age of majority, [...], 2036; [ 15 ] ORDERS that contact between the child and his parents be determined according to an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 16 ] ORDERS that the parents report periodically to the DYP on the measures they apply to themselves to put an end to the situation in which the security and development of the child is in danger; [ 17 ] ORDERS that the child receive all the medical, social and psychosocial services he requires; [ 18 ] WITHDRAWS from the parents the exercise of attributes of parental authority regarding medical, school and social authorizations and regarding a passport application or a driver’s license application and AUTHORIZES the DYP or Mr.

D to sign in place of the parents; [ 19 ] RECOMMENDS that the parents submit themselves to random screening of drugs; [ 20 ] RECOMMENDS the parents to engage in psychological counselling in connection with their personal difficulties, notably a psychological follow-up and a drug addiction follow-up, as long as deemed necessary by the professionals involved; [ 21 ] ORDERS that the parents actively participate in the application of the measures ordered; [ 22 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and his family until his age of majority, [...], 2036; [ 23 ] RECOMMENDS that the relationship between the child and the maternal grandmother be maintained; [ 24 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present measures. _______________________________________________ JANICK POIRIER, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Jules Grenier for the child Me Ariane Cayer for the mother M. B the father (absent) Written judgment filed on March 13, 2023