2021 QCCQ 15736, 2021 QCCQ 15736

Protection de la jeunesse — 219284 2021 QCCQ 15736 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 760-41-006623-212 DATE: September 24, 2021 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born on […], 2021 Child ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] A declaration of protection is submitted to the court concerning X, born […], 2021. [ 2 ] Both parents consent to the Director’s evaluation and orientation.

Such is also the case for the attorney for the child, acting under a legal mandate. [ 3 ] After evaluating the evidence, the Court also endorses the conclusions. The following facts justify this decision.

Analysis and decision [ 4 ] The child is at serious risk of neglect in reason of the following: • Both parents deal with challenges relating to their specific diagnoses (mother: autism spectrum disorder and mild intellectual disability / father: epilepsy and behavioural issues); • They require support in their daily life and organization; • A procedure is pending as to putting the mother under curatorship; • Although the parents admit their diagnoses, they deny that these affect their parental capacities; • The parents are unable to adequately decode nor answer their child’s needs, even with assistance; • The parents have difficulties applying and retaining the information received as to caring for their child; • The parents have not adapted their living space for their child; [ 5 ] The child resides with her paternal grandmother since her birth.

She is evolving well under her grandmother’s care. [ 6 ] The parents reside in proximity of the paternal grandmother. They visit their daughter regularly and remain involved in her life. [ 7 ] There is a cooperative relationship with the grandmother, who supervises the access periods and aids the parents. She is able to deal with the father’s occasional frustrations over the situation. [ 8 ] In view of the extreme vulnerability of the child, she must be under the care of persons who are able to understand and respond

to her every need on a constant basis.

Her parents, although well intentioned, have issues which impede their capacities to attend to their child on a full-time basis. [ 9 ] The permanent character of their difficulties presents a challenge to the rehabilitation of the situation, requiring their sustained collaboration towards the objective of sufficiently developing their parental abilities. [ 10 ] During this period, it is essential that the parents maintain regular and frequent contacts with their daughter in order to sustain their bond. [ 11 ] As such, the Court concludes that the orientation sought by the Director, also receiving the consent of the parties, is representative of the child’s best interests as well as the objectives of the law.

FOR ALL THESE REASONS, THE COURT: [ 12 ] GRANTS the application for protection; [ 13 ] DECLARES the security and the development of the child in danger for the following reasons: • serious risk of neglect (article 38b)2) Youth Protection Act ); [ 14 ] ENTRUSTS the child to her paternal grandmother, Ms. C; [ 15 ] ORDERS that the contacts between the child and her parents be following agreement between the parties as concerns the terms and frequency and in the presence of a third party chosen by the Director; [ 16 ] ORDERS that the parents take an active

part in the measures ordered; [ 17 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the child and her family; [ 18 ] ALL THESE MEASURES for nine months; [ 19 ] 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 Audrey-Anne Monière Attorney for the applicant Me Johanne Leduc Attorney for the parents Me Karine P. Poissant Attorney for the child Date of hearing: September 24, 2021 Date of signature: November 5, 2021