2022 QCCQ 11698, 2022 QCCQ 11698

Protection de la jeunesse — 226828 2022 QCCQ 11698 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-41-001582-136 DATE: November 8, 2022 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A working in […] Applicant and X, born on [...], 2007 Youth and A (deceased) Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR EXTENSION (Second paragraph of

section 95 Youth Protection Act, CQLR., c. P-34.1 ) ______________________________________________________________________ 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 applied under s. 95 of the Youth Protection Act [1] for the extension of a decision rendered on February 2, 2022, by the Honourable Christian Leblanc, J.C.Q.

At that time, he declared that the security and development of X, born on [...], 2007, was still in danger under

section 38(f). [ 2 ] The youth and the father were not present for the hearing, but they were represented by their own counsel. Positions of the parties: [ 3 ] The youth was not present in Court. She is now staying at the reception centre A. She gave a clear mandate to her counsel; she wishes to stay at the reception centre for the next year and integrate a foster family. [ 4 ] The father also gave a clear mandate to his counsel.

He agrees with his daughter staying at the reception centre and integrating the foster family of C in Town A. [ 5 ] The father admitted the following facts. [ 6 ] Since the last Court hearing, the mother passed away and the youth remained entrusted to a rehabilitation centre. [ 7 ] She benefited from a psychological evaluation by Dr Joseph Beltempo, who concluded that the youth should develop in a structured program to receive the appropriate support and services. [ 8 ] On or about September 26, 2022, Ms. C reached out to Youth Protection to express her interest in fostering the youth. If Ms.

C’s foster home evaluation is positive, it would be in the best interest of the youth to be integrated under her care. The youth deserves to develop in a stable environment where she can have structure and a reliable caregiver. [ 9 ] In February 2022, Christian Leblanc J.C.Q. ordered that the youth be placed with a foster family. The youth is still waiting after nine months. [ 10 ] The father also admitted that he has no contact with his daughter but denies having withdrawn from his daughter’s life.

Issues: [ 11 ] Did the applicant prove the abandonment on a balance of probabilities? [ 12 ] Did the Director of Youth Protection take any steps for the father to have access to his daughter? [ 13 ] The youth protection worker testified that the youth had told her she did not want any contact with her father. She also said that the father never called to have contact with his daughter. She believes that there was no contact in the past four or five years. [ 14 ] It is not clear from her testimony who found the foster family of C from Town A. It could be the youth herself or the father.

Nevertheless, the Tribunal believes, when working with an Inuk family, the approach must be different. Many Inuit are mistrustful of Youth Protection services. The Tribunal is not surprised that some individuals will not call the DYP for assistance. Consequently, the Tribunal concludes that the Director of Youth Protection has done nothing to facilitate contact between the youth and her father. FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application; [ 16 ] EXTENDS the decision rendered on February 2, 2022; [ 17 ] REFUSES to add

section 38(a) – abandonment; [ 18 ] DECLARES that the security and development of X, born on [...], 2007, are still in danger under 38(

f) of the Youth Protection Act ; [2] [ 19 ] ENTRUSTS the youth to a rehabilitation centre, chosen by the institution operating a child and youth protection centre; [ 20 ] ORDERS that the youth be gradually reintegrated into a foster family as soon as the situation allows; [ 21 ] ORDERS that the youth and the youth’s father take an active

part in the application of any of the measures ordered by the Tribunal; [ 22 ] ORDERS that the youth and the youth’s father report in person, at regular intervals, to the Director to inform him of the current situation; [ 23 ] ORDERS that the youth attend a school or another place of learning or participate in a program geared to developing skills and autonomy; [ 24 ] ORDERS that the terms, frequency and degree of supervision of contact between the youth and her father be determined by the Director of Youth Protection; [ 25 ] WITHDRAWS the exercise of certain attributes of parental authority from the father and GRANTS them to the Director of Youth Protection, namely regarding health, school, extracurricular activities, travel, and passport; [ 26 ] ORDERS that the Director of Youth Protection to offer the father contact with his daughter through video; [ 27 ] ORDERS the Director of Youth Protection to offer the father supervised visits with the youth; [ 28 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family until November 30, 2023; [ 29 ] ORDERS that the police cooperate to the execution of the enactment; [ 30 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 31 ] THE WHOLE until November 30, 2023. __________________________________ MARC OUIMETTE, J.C.Q.

Mtre Justine Carli-Trudeau Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Cassandra Neptune Centre communautaire juridique A Counsel for the youth Mtre Angèle Tommasel Counsel for the father

Date of hearing: November 8, 2022