2022 QCCQ 11709, 2022 QCCQ 11709

Protection de la jeunesse — 226841 2022 QCCQ 11709 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-41-002714-217 DATE: November 11, 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 [...], 2017 Child and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR EXTENSION (Second paragraph of

section 95 of the 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 has applied for the extension of a decision under s. 38 of the Youth Protection Act [1] rendered on November 24, 2021, by the Honourable Dominique Wilhelmy, J.C.Q.

At the time, the security and development of X were in danger and he was entrusted to Ms. C, the paternal grandmother, with gradual reintegration into the mother’s care. [ 2 ] At the hearing, the child was not present, but he was represented by counsel. Neither parent was present, but they were represented by counsel. Facts since the last Court hearing: [ 3 ] The situation of the child has remained stable.

He is developing well and attending daycare on a regular basis. [ 4 ] On multiple occasions, Youth Protection has had to intervene to bring the child back to his foster family, as the mother was not complying with the visiting schedule. The mother adds that there has been no

schedule since September. Consequently, the terms of contact between the mother and the child were changed from unsupervised visits in the family home to supervised visits at the Youth Protection office. [ 5 ] The father is still detained and will remain so for the foreseeable future. He has been collaborative and involved in visits with his child. [ 6 ] The parties recognize that the security and development of X are still in danger and that the measures need to be extended. The measures proposed by the Director of Youth Protection were not contested by the parents or the child’s counsel.

FOR THESE REASONS, THE COURT: [ 7 ] GRANTS the application; [ 8 ] EXTENDS the decision rendered on November 24, 2021; [ 9 ] DECLARES that the security and development of X, born on [...], 2017, are still in danger; [ 10 ] ENTRUSTS the child to a foster family, chosen by the institution operating a child and youth protection centre, namely Ms. C,

the paternal grandmother; [ 11 ] ORDERS that the child be gradually reintegrated into her mother’s care as soon as the situation allows; [ 12 ] ORDERS that the child and the child’s parents take an active

part in the application of any of the measures ordered by the Court; [ 13 ] ORDERS that the child and the child’s parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 14 ] RECOMMENDS that the parents seek help through social services for their alcohol, drug and personal issues; [ 15 ] ORDERS that the terms, frequency and degree of supervision of contact between the child and the parents be determined by the Director of Youth Protection; [ 16 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 17 ] ORDERS the execution of the present decision by any peace officer; [ 18 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. [ 19 ] THE WHOLE until November 11, 2023. __________________________________ MARC OUIMETTE, J.C.Q.

Mtre Adèle Cyr Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Cassandra Neptune Centre communautaire juridique A Counsel for the child Mtre Angèle Tommasel Counsel for the parents Date of hearing: November 11, 2022