2018 QCCQ 16145, 2018 QCCQ 16145

Protection de la jeunesse — 187159 2018 QCCQ 16145 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000383-159 DATE: September 11, 2018 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2014 Child and A and B Parents/Defendants ______________________________________________________________________ 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 child and her sister are entrusted to a foster family until they come of age. [ 2 ] The director of youth protection (DYP) asks the Court to revise the previous judgment, in regards with contacts between the children and their parents. The DYP recommends that, if the parties fail to reach an agreement, contacts take place every three weeks, under supervision. [ 3 ] The situation is painful for the parents.

They love their daughters and want to be a part of their life, as much as possible. The children sometimes show negative reactions towards their parents. [ 4 ] Visits take place every two weeks and last three hours. The parents do their best to interact with the girls. However, most of the time, they rather watch their daughters instead of playing with them. They are also reluctant to advice from the professionals involved in the follow-up. [ 5 ] Both children have special needs and it remains a difficult task for the parents to fulfil them, even for short periods of time.

Sometimes, the father raises his voice, or the parents will utter inappropriate comments. [ 6 ] For instance, they react when the children refer to the foster parents as mom or dad. Of course, the parents are hurt, but they put pressure on the children when they blame them. [ 7 ] As far as X is concerned, the parents also have a hard time abiding by recommendations concerning her special needs in regards with eating. Numerous reminders and monitoring remain necessary. [ 8 ] Lately, X is reluctant to contacts with her parents. She cries and refuses to go to her mother.

The parents fear they will become strangers to their daughter and suffer from it. [ 9 ] As for Y, the duration of visits sometimes appears too long to answer her needs. Even though she is happy to see her parents, she will ask to leave in order to go back to her foster family, prior to the end of the meeting, on some occasions.

[ 10 ] The evidence leads the Court to believe that, unfortunately, the visits meet the parents' need more than the children's. [ 11 ] Under the circumstances, it appears reasonable, for the time being, to establish that visits can take place a little less often, namely once every three weeks. This decision, however, does not prevent the parties from increasing the contacts if the situation improves. [ 12 ] It is also appropriate, in the children's best interest, to foresee that the foster family is able to provide authorizations for various topics, under specific circumstances.

On some occasions, the parents are reluctant to authorize services because they misunderstand their importance. The Court does not want the children to lack services or opportunities for that reason. [ 13 ] The application is well founded, in the children’s best interest.

WHEREFORE, THE COURT: [ 14 ] GRANTS the application for revision of order; [ 15 ] MAINTAINS all the conclusions ordered in the July 21, 2016 judgment that are not in conflict with the following; [ 16 ] ORDERS that the contacts between the child and her parents be determined following an agreement between the parties and if they fail to reach an agreement, that the contacts take place once every 3 weeks, for 3 hours and AUTHORIZES the DYP to supervise them; [ 17 ] ORDERS that the foster family be authorized to sign all medical, health and educational authorizations, including a passport demand and a driver licence, if the parents are not reachable in due time or provide an unjustified refusal. __________________________________ JANICK POIRIER, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Alexis Deschênes for the child Mrs. A the mother Mr. B the father Date of hearing: August 6, 2018