2020 QCCQ 3805, 2020 QCCQ 3805

Protection de la jeunesse — 204159 2020 QCCQ 3805 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005194-165 DATE: March 10, 2020 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2015 Child ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection applies for the revision and extension of measures in place concerning the child X in reason of neglect.

In virtue of the last order of March 13, 2019, the Court entrusts the child to Mr. B with supervised access to her mother, as well as applying various other measures of aid and rehabilitation. [ 2 ] The Director now seeks that the Court endorse a permanency plan stabilizing the child in her present environment until her majority. A prohibition of her contacts with Mr. C, her biological father, is also sought. [ 3 ] The mother and the child’s attorney, acting under a legal mandate, subscribe to the Director’s evaluation and proposed orientation. Mr.

C is absent, despite being advised of the request to stem his contacts and his right to dispute such. [ 4 ] Analysis and decision [ 5 ] Protective measures are in place since 2016, in relation to numerous elements of ongoing instability in the mother’s personal situation. X resides with family members since December of that year, transferring to her uncle’s home in March 2019. [ 6 ] X adapts well and is now thriving in her environment, where her brother Y also resides.

In reason of the constant attention she receives from her foster parents and services in place, she is progressively recuperating developmental delays. Mr. B and his spouse Ms. D are available and willing to continue their implication until X’s majority. [ 7 ] X’s mother continues her efforts on numerous fronts in view of stabilizing her personal situation. Although the results are positive, she recognizes that her lifestyle is still not compatible with children’s needs. She remains an active part of her child’s life and cooperates well with the follow-up.

She is satisfied that X is doing well and receiving everything she requires with Mr. B and Ms. D. [ 8 ] Their contacts continue on a supervised basis and X appreciates them. Certain adjustments are agreed upon in order to respond to significant reactions after the visitation periods, which have a positive impact. The parties recognize being able to continue to come to mutual agreements in the future as to the frequency and modalities of the contacts. [ 9 ] Mr. C hasn’t sought contacts with X since October 2018 and beforehand was only sporadically involved. His personal situation remains unstable.

Considering this continued inability for investment, the Court concludes that no significant bond subsists and consequently, that the child’s interests no longer justify the pursuit of a contacts.

[ 10 ] The Court concludes to the expiration of the maximum delays of placement provided by the Youth Protection Act , that the security or the development of the child is still in danger and that a return in her parental environment is not possible. [ 11 ] The Court must therefore render an order which aims at ensuring the continuity of care, stable relationships and stable living conditions corresponding to the child's needs and age, on a permanent basis. The Court endorses the conclusions sought as corresponding to such as well as being in the child’s best interests.

FOR ALL THESE REASONS, THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES the security and the development of the child still in danger; [ 14 ] REVISES and EXTENDS the Court order rendered on March 13, 2019; [ 15 ] ENTRUSTS the child to Mr. B and Ms.

D; [ 16 ] ORDERS that the contacts between the child and her mother be following agreement between the parties, in the presence of a third party chosen by the Director; [ 17 ] AUTHORIZES the partial or total lifting of the supervision of the contacts between the child and her mother following agreement between the parties; [ 18 ] FORBIDS contacts between the child and Mr.

C; [ 19 ] ORDERS that the mother report to the Director of Youth Protection on the measures she applies in her own regard or on the child’s regard to put an end at the situation in which the security or development of the child is in danger; [ 20 ] ORDERS that the mother take an active

part in the application of the measures ordered; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 22 ] ALL THESE MEASURES until the child’s majority on [...], 2033; [ 23 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Anne-Catherine Bujold Attorney for the applicant Me Michel Robert Attorney for the mother Me Karine P. Poissant Attorney for the child Date of hearing: March 10, 2020 Date of signature: April 7, 2020