2022 QCCQ 13576, 2022 QCCQ 13576

Protection de la jeunesse — 228293 2022 QCCQ 13576 COURT OF QUÉBEC Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF […] N° : 505-41- 007875-141 DATE : December 1, 2022 ______________________________________________________________________ PRESIDED BY: THE HONOURABLE LYNE MORIN J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker duly authorized by the Director of Youth Protection A, Applicant -and- X , born on […], 2012 Child -and- A Mother -and- B Father ___________________________________________________________________ J U D G M E N T

Section 95 of the Youth Protection Act ______________________________________________________________________ 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 and 9.3 and 135 Y.P.A .] [ 1 ] The Director of Youth Protection (Director) presents an application for revision and extension of a Court order rendered on November 11, 2021. [ 2 ] In accordance with this Court order, the child is entrusted to Ms.

C for a period of one year, and contacts with her parents are to be supervised at a frequency of one contact every two weeks, for a duration of one hour and a half. Contacts with her maternal grandparents were suspended and support measures ordered for the same period. [ 3 ] As main measures, the Director recommends that the child be entrusted to the care of Ms.

C until she reaches the age of majority and that contacts with her parents be supervised at a frequency of one contact in person per month, for one hour and a half, and one thirty minute’s virtual contact per month. [ 4 ] The parents and the child's lawyer agree to the measures sought. The father stated that he no longer has the energy to oppose the measures. He defers to the Director's recommendations in order to maintain his psychological state. [ 5 ] Me Gaudreau requested that contacts between the child and her brother be favorized and that a psychological follow-up be

offered to the child. Her name is currently on a waiting list for this service. The child wishes to see her brother and parents more often. [ 6 ] Ms. C is admitted in the Court room under

section 83 YPA. She agrees to take care of the child until she reaches the age of majority. CONTEXT AND ANALYSIS [ 7 ] The Director is involved in the family due to physical and educational neglect, as well as for psychological ill-treatment. [ 8 ] On October 11, 2016, the child was entrusted to the care of her maternal grandparents until her majority. On July 20, 2020, she was entrusted to the care of her paternal grandparents following allegations of physical abuse in the maternal grandparents' environment.

The child was then entrusted to a foster family on June 4, 2021, due to the paternal grandmother’s health conditions. [ 9 ] Finally, on July 7, 2021, the child was entrusted to Ms. C. Her evolution in this environment is positive. However, during periods of anxiety or when she sees her parents, she can become aggressive, regressive and defy authority. A psychological assessment was completed during the last order and the child's behaviours are consistent with an attachment disorder. [ 10 ] Ms. C is able to provide the child with stability and guidance. [ 11 ] The child wishes to remain with Ms.

C for the long term. [ 12 ] The father has completed therapy at the CLSC. He also participated in a follow-up to reduce and control his marijuana consumption. [ 13 ] The mother moved to Town A in July 2022. She ended her follow-up with [the organism A]. [ 14 ] The parents cooperate in the Director's follow-up and their relationship with Ms. C is respectful. [ 15 ] The mother maintains regular contacts with her daughter. As for the father, he missed some contacts. Following a request from the child, the Director intends to increase the frequency of contact in the near future. [ 16 ] Contacts are positive.

Their supervision helps the parents to build a trusting and positive relationship with their daughter. [ 17 ] It is in the child's best interests to issue a Court order that will ensure continuity of care, stable relationships, and stable living conditions based on her needs and age, on a permanent basis. FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the present application; [ 19 ] DECLARES that the security and the development of the child are still in danger; [ 20 ] REVISES AND EXTENDS the Court order rendered on November 11, 2021; [ 21 ] ORDERS that the child be entrusted to the foster family of Ms.

C, designated by the Director; [ 22 ] ORDERS that the contacts between the child and her parents be following agreement between the parties concerning the terms, frequency and in the presence of a third party chosen by the Director, and in the absence of agreement, that they take place at a frequency of one visit of 1 h 30 and one video call of 30 minutes per month; [ 23 ] AUTHORIZES to lift the supervision partially or totally upon agreement between the parties; [ 24 ] FORBIDS any contact between the child and her maternal grandparents; [ 25 ] ORDERS that the child and her parents take an active

part in the application of the measures ordered; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 27 ] ORDERS that the child receive specific health care and services, namely a psychological follow-up as far as needed; [ 28 ] ORDERS that the contacts between the child and her brother be favorized; [ 29 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the present judgment; [ 30 ] THE WHOLE until the majority of the child, on […], 2030; ________________________________ Lyne Morin, J.C.Q. M e Sarah Milot Attorney for the Director

M e Jean Pierre Gaudreau Attorney for the child Date of hearing: December 1, 2022. Date of signature: December 12, 2022.