2023 QCCQ 865, 2023 QCCQ 865

Protection de la jeunesse — 23111 2023 QCCQ 865 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000706-215 DATE: January 27, 2023 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X Born on [...], 2012 Child and A B Parents 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 in order to entrust him again to a rehabilitation centre until December 31, 2023. [ 2 ] At the hearing, the parents are absent although they have been duly notified. [ 3 ] In the last judgment rendered, the child is entrusted to a rehabilitation centre because of his difficulties, particularly in connection with his various diagnoses, including autism.

Although the parents partially attend their follow-ups, the fact remains that nothing changes. Parent-child contact does not go well, and the child reacts negatively to these visits. [ 4 ] Since his placement, the child has made progress on the behavioural level. This environment provides him with the stability and structure he needs. [ 5 ] The possibility of him being placed in a foster family was considered because of his age, but he remains with significant difficulties.

He has difficulty adapting to changes or adjusting to specific events. [ 6 ] The parents only had a few visits with the child due to the distance. They refuse to have any contact via technological means because they cannot hug him.

So, they prefer to go see him physically, that is why the contacts are limited. [ 7 ] According to the youth delegate, the parents admit that their son lives in a good environment which allows him to receive the specialized services required to address his difficulties, although they would like him to return home. [ 8 ] As part of this present measure, the child must stay in his current environment to further progress.

During this period, an effort will be done to find a family resource adapted to his needs, in which he could be entrusted at the end of the current measures, if the situation allows it. [ 9 ] The evidence demonstrates that the security and development of the child are still in danger. Considering the evidence filed, the application is well founded. Furthermore, the measures suggested by the DYP appear to be in the child’s best interest.

FOR THESE REASONS AND THOSE EXPRESSED VERBALLY AT THE HEARING, THE COURT: [ 10 ] GRANTS the application for extension of order; [ 11 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the Youth protection act ; [ 12 ] EXTENDS the Court order rendered on June 9, 2022; [ 13 ] ORDERS that the child be entrusted to a rehabilitation centre, chosen by the institution operating a child and youth protection centre, until December 31, 2023; [ 14 ] ORDERS that the contacts between the child and his parents be determined following an agreement between the parties, if an agreement cannot be reached, ORDERS that they take place once (1) a month, for a maximum of two (2) hours and AUTHORIZES the DYP to supervised them; [ 15 ] ORDERS that the child receive health care and social services required by his condition, especially a medical and a dental follow-up; [ 16 ] RECOMMENDS that the parents submit themselves to random drug testing; [ 17 ] RECOMMENDS that the parents involve themselves in counselling and a follow-up to address their personal difficulties, notably their addiction issues, as long as deemed necessary by the professionals; [ 18 ] ORDERS that the parents report at regular intervals to the DYP to inform of their current situation; [ 19 ] ORDERS that the parents actively participate in the application of the measures ordered; [ 20 ] ORDERS that a person working for an organization or institution brings to the child as well as to his family, help, advice and support until December 31, 2023; [ 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 judgment to comply with it. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Jules Grenier for the child Ms. A the mother (absent) Mr. B the father (absent) Written judgment filed on January 31, 2023.