2023 QCCQ 10387, 2023 QCCQ 10387

Protection de la jeunesse — 235148 2023 QCCQ 10387 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

No: 145-41-000769-221 DATE : July 24, 2023 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X Born on [...], 2021 Child and A Parent ______________________________________________________________________ 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, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to extend the order rendered on June 9, 2022, in respect of the child as to entrust him to a significant person namely, Mr. B. [ 2 ] At the beginning of the hearing, the DYP formulates a request for an exemption from notification of the application to the mother. The bailiff tried to serve the procedure to her without success. For the past months, the mother has not been involved in the child’s life.

Her absence from his life, as well as her indifference to the child, are exceptional reasons that allow the Court to grant a waiver of notification to the DYP, as stipulated in

section 76 of the Youth protection act . [ 3 ] In the last order, the child was entrusted to a foster family. Since then, the mother has not been involved in her son’s life nor has she inquired about his situation. The mother wishes to attend a program at [centre A] in [Town A] because she has a major addiction issue and does not express any empathy or remorse for her actions. She also faces charges related to the abandonment of her children for several days. [ 4 ] Regarding Mr. B, the alleged father, he has been involved in the child’s life since the protective measure began on November 22, 2022.

He was present when the child was hospitalized and visited him until he was discharged. Over time, the child gradually integrated Mr. B’s environment. He also has sleepovers at his place since March 2023, and it is going well. [ 5 ] On May 24, 2023, the foster family tells to the DYP that they will not foster the child anymore or be involved with him. Immediately, Mr. B took over and the child was entrusted to him. He collaborates well with the DYP. He is ready to invest himself in a long-term basis with the child, who is his, although the procedures have not yet been completed.

However, a DNA test reveals that he is in fact the father. [ 6 ] The child is 2 years old, and he is doing fine since his removal from the maternal environment. Currently, he is functioning well with Mr. B who is currently in the process of recognizing his paternity, to eventually get custody. In the meantime, the presence of the DYP remains necessary to stabilize the child’s situation. [ 7 ] The evidence demonstrates that the security and development of the child are still in danger.

Considering the evidence adduced, the absence of contestation from the parties, and in the child’s best interest, the application is well founded. Furthermore, the measures

suggested by the DYP are also in the child’s best interest. FOR THESE REASONS, THE COURT: [ 8 ] DISPENSE the notification of the application for revision and extension of order to the mother; [ 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 ] TO REVISE AND EXTEND the court order rendered on February 23, 2023; [ 12 ] ORDERS that the child be entrusted to B; [ 13 ] ORDERS that the contacts between the child and his mother be determined according to an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 14 ] ORDER S that the mother be sober in the child’s presence; [ 15 ] RECOMMENDS the mother to submit herself to random drug screening tests; [ 16 ] RECOMMENDS that the mother benefit from counselling regarding her personal and addiction issues; [ 17 ] ORDERS that the parents do not argue in the presence of the child; [ 18 ] PROHIBITS the parents from denigrating one another or the social interveners in the presence of the child; [ 19 ] ORDERS that the mother actively participate in the application of the measures ordered; [ 20 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and his family until July 31, 2024; [ 21 ] 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 judgment; [ 22 ] ORDERS that the parties concerned by this order to comply with it. _______________________________ CELESTINA ALMEIDA, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Jules Grenier for the child Mrs. A the mother (absent) Date of hearing: July 6, 2023