2023 QCCQ 2458, 2023 QCCQ 2458

Protection de la jeunesse — 23788 2023 QCCQ 2458 COURT OF QUÉBEC Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF […] N° : 505-41-010140-202 DATE : January 23, 2023 ______________________________________________________________________ PRESIDED BY: THE HONOURABLE LYNE MORIN J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A Applicant -and- X , born on [...], 2006 Child -and- A Mother _______________________________________________________________ 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 decision rendered on July 5, 2022. [ 2 ] Following this decision, the child was entrusted to an institution operating a rehabilitation center for a period of six months. [ 3 ] As main measures, the Director recommends that the child be entrusted to her maternal aunt, Mrs.

B and that the contacts with her mother be following agreement between the parties concerning the terms, frequency and the degree of supervision. Support measures are suggested for the same period. [ 4 ] On October 12, 2022, the chid was provisionally entrusted to her maternal aunt. [ 5 ] The mother is absent. She agrees with the measures sought. [ 6 ] The child asks the Court to withdraw the exercise of certain attributes of parental authority from her mother and authorize her

aunt to sign all the documents required for her situation. The child does not want to return to her mother’s home. [ 7 ] The aunt is admitted to the hearing following

section 83 of the YPA. CONTEXT AND ANALYSIS [ 8 ] The child was entrusted to a rehabilitation center from May 26 to October 12, 2022. During that period, she worked hard on herself and on her relationship with her aunt. [ 9 ] The contacts with her mother are irregular. Since her daughter wishes to live with her aunt, the mother does not understand why she is still involved with the DYP and why she needs to be consulted for decisions. She wants her parental authority transferred to the aunt. [ 10 ] The aunt is the only constant person in the child’s life. She is available and attends all meetings.

Since October 12, there have been no major difficulties encountered at home. The educator’s services ended on January 5, 2023. [ 11 ] The child continues to receive services from an addiction worker, but she refuses to receive services from [the organism A] or IVAC. Also, the mother and the child don’t want to continue the family therapy. [ 12 ] Considering that the aunt provides a stable and healthy environment, the measures sought by the Director are in the best interest of the child.

FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the present application; [ 14 ] DECLARES that the security and the development of the child are still in danger; [ 15 ] REVISES AND EXTENDS the Court order rendered on July 5, 2022, in the present file; [ 16 ] ORDERS that the child be entrusted to her aunt, Mrs. B; [ 17 ] ORDERS that the contacts between the child and her mother be following agreement between the parties concerning the terms, frequency and the degree of supervision; [ 18 ] ORDERS that the contacts between the child and Mr.

C be following agreement between the parties concerning the terms, frequency and the degree of supervision; [ 19 ] ORDERS that the child and the mother report in person at regular intervals to the Director of Youth Protection on the measures they apply in their own regard to put an end at the situation in which the security or development of the child is in danger; [ 20 ] ORDERS that the child and her mother take an active

part in the application the measures ordered; [ 21 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the child and her family; [ 22 ] RECOMMENDS that the child continue with her addiction worker and follow recommendations; [ 23 ] RECOMMENDS that the child participate in her personal therapy; [ 24 ] WITHDRAWS the exercise of the parental authority to the mother and AUTHORIZES the aunt, Mrs.

B, to sign the authorizations concerning medical, travelling, passport and educational level; [ 25 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the present judgment; [ 26 ] THE WHOLE for a period of nine months. ________________________________ Lyne Morin , J.C.Q. M e Adrienne Fournier-Sirois Attorney for the Director M e Nancy Côté Attorney for the child

Date of hearing: January 23, 2023