2022 QCCQ 14530, 2022 QCCQ 14530

Protection de la jeunesse — 229008 2022 QCCQ 14530 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001826-145 DATE: August 10, 2022 (written judgment rendered on October 3, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2014 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT (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, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to review a decision rendered on November 8, 2021, regarding the child X, born on [...], 2014. At that date the Court declared the security and development still endangered and entrusted the child to a foster family, namely the one of Ms. C until the child reached her majority. [ 2 ] The DYP submits that the situation does not allow to return the child to his parents and asks that she be entrusted to a foster family, namely to Ms.

D, for a period of 1 year. Position of the Parties [ 3 ] The parents are absent, but represented by Me Angèle Tommasel. They recognized that the situation of their child continues to be endangered and they agree with the measures. [ 4 ] The child is now 8 years old. She is absent, but represented by Me Cassandra Neptune. She is in agreement with the measures. History of the Situation [ 5 ] On November 11, 2014 , the Court was seized with an application for protection. The child was 7 months old. The mother had an alcohol consumption issue, and left her child without proper supervision. The father was detained.

In August 2014, the child had been entrusted to a foster family under voluntary measures. Finally, the mother mentioned that she acknowledges her difficulties and that she would like to receive help. The Court declared that the security and development of the child were endangered and entrusted the child to a foster family with a possible reintegration with the parents, the whole until May 20, 2015. [ 6 ] On January 8, 2015 , after numerous postponements requested by the parents, the Court heard the application for revision in their absence.

The parents were not involved in the child’s life, and discussion about a traditional adoption took place. The father was still detained, the mother was still struggling with her alcohol addiction and the parents had no stable place to stay. The Court maintained the child entrusted to a foster family and ordered that a life plan be prepared, the whole until April 13, 2016. [ 7 ] On May 6, 2016 , the Court revised the situation. The parents agreed with the placement requested by the DYP. The Court entrusted the child to Ms.

C until she reaches her majority. [ 8 ] On June 3, 2021 , the Court was seized with an application for provisional measures and entrusted the child to a foster family. [ 9 ] On November 8, 2021 , the Court revised the situation. The child was living with Ms. C, since she was 2 months old. Everything went well until May 10, 2021, when a report was received regarding physical abuse on the part of the foster mother, while being intoxicated. The child was immediately removed from her foster family and entrusted to Ms. D, the foster mother’s sister. The visits at Ms.

C’s place were allowed considering the very strong bonds between the child and her foster mother. She stayed there until

the end of July 2022, when Ms. D had to go to Montréal to give birth and before leaving she entrusted back the child under Ms. C. The foster department reassessed the foster mother, and everything appeared to be correct. Ms. C took the situation seriously and offered a very good collaboration. The child wanted to be under her care. The following months, the child confirmed that the situation was very positive with Ms. C, the one that she had always considered as her mother. The Court entrusted the child to Ms. C until she reaches her majority.

Facts and Analysis [ 10 ] The DYP filled an application for revision alleging a similar situation from Ms. C the foster mother. [ 11 ] Starting on beginning of April, the child disclosed that her foster mother consumes a few cans of beer every day. [ 12 ] She also reports that her foster mother is physically aggressive toward her on a regular basis. Among others, she disclosed that Ms. C had pulled her hair, broke her things and punched her with a fist on the head. According to the child, Ms.

C displays such violent behaviours while intoxicated as well as while sober. [ 13 ] The DYP took immediate protective measures and entrusted the child to her foster aunt, Ms. D. The child expresses feeling safe and desires to stay there. This time, she does not want to go back under the care of Ms. C. [ 14 ] At the hearing, the child, by the voice of her lawyer, confirms all those facts. [ 15 ] The parents ignore most of the facts considering they are still not involved in their daughter’s life, but they follow her desire. [ 16 ] The evidence provided to the Court justifies the measures suggested by the DYP.

The child had chosen a place where she feels safe and Ms. D is again in agreement to take care of her. FOR THOSE REASONS, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security and development of the child X, born on March 14, 2014, are still endangered; [ 19 ] ORDERS that the child be entrusted to Ms. D, as a foster family if she is accredited as such; [ 20 ] ORDERS that the modalities, the frequency, and the degree of supervision of the contacts between the child and the parents be determined by the Director of Youth Protection; [ 21 ] ORDERS that the child and the parents take an active

part in the application of the measures ordered by the Court; [ 22 ] ORDERS that the child and the parents report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 23 ] ORDERS that the exercise of certain attributes of parental authority be withdrawn from the parents and granted to Ms.

D, namely regarding health, school, extracurricular activities, travelling and passport; [ 24 ] RECOMMENDS that the parents seek help through the Social Services concerning their alcohol, drugs and personal issues; [ 25 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the child and the family; [ 26 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 27 ] THE WHOLE until August 31, 2023. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Angèle Tommasel, attorney for the parents Date of hearing: August 10, 2022