2023 QCCQ 5660, 2023 QCCQ 5660

Protection de la jeunesse — 232951 2023 QCCQ 5660 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002137-179 DATE: June 26, 2023 ______________________________________________________________________ BY THE HONOURABLE MARIE-CHANTAL BRASSARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] in her quality of authorized person by the Director of Youth Protection A Applicant and X Child and A B Parents ______________________________________________________________________ JUDGMENT (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, 9.3 and 135 Y.P.A.). [ 1 ] The Youth Protection Director has filed an application to revise the judgment rendered on July 11, 2022, by Judge Nathalie Samson, entrusting the child to a foster family, namely the one of C, until she reaches the age of majority. [ 2 ] The Director alleges that the youth’s situation requires a review of the decision. The situation of the parents remains the same.

Also, the youth has displayed behavioural issues to the point that the foster family did no longer want to care for the youth. [ 3 ] The youth has been entrusted to the care of D ever since. Mrs. D is her previous foster mother and is taking care of the child’s siblings. [ 4 ] As final measure, the Director recommends that the youth be entrusted to a foster family until June 26, 2024. Once again, a long-term plan will need to be elaborated for the youth.

This additional year is necessary to put in place the winning conditions to stabilize the placement and ensure its success. [ 5 ] The parents are not present in court, but the mother has expressed to her lawyer consenting to the entrustment. The mother agrees that her situation has not changed and that she is not involved in the life of her daughter. [ 6 ] The youth admits most of the facts regarding the situation of her parents and her situation.

She is happy to be with her siblings and D and want to stay there. [ 7 ] Taking into consideration all evidence adduced, the Court finds that the security and development of the youth are still in danger and that the following measures meet her needs and are in her best interest. [ 8 ] Since the parents are not much involved in the life of their daughter and do not collaborate with the services, the Court withdraws the exercise of certain attributes of parental authority from the parents and grants them to the Director.

THEREFORE THE COURT: [ 9 ] GRANTS the motion; [ 10 ] DECLARES that the security and development of the child X born on [...], 2010, are still in danger under

section 38 b) 1 iii and

c) of the Youth Protection Act;

[ 11 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection center; [ 12 ] ORDERS that the child and the child’s parents take an active

part in the application of any of the measures ordered by the Tribunal; [ 13 ] ORDERS that the child and the child’s parents report in person, at regular intervals, to the Director to inform him of the current situation; [ 14 ] ORDERS that the contacts between the child and the parents be determined by the Director as for the modalities, the frequency and the degree of supervision; [ 15 ] WITHDRAWS the exercise of certain attributes of parental authority from the parents and GRANTS them to the Director, namely regarding health, school, extracurricular activities, travelling and passport; [ 16 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 17 ] ENTRUSTS the situation of X to the DYP A who shall then see that the measures are carried out; [ 18 ] orders that police force collaborate to the execution of the court order; [ 19 ] THE WHOLE UNTIL J une 30, 2024. __________________________________ MARIE-CHANTAL BRASSARD, J.C.Q.

Me Catherine Windisch Attorney for the Youth Protection Me Lythiana Niyonkuru Attorney for the youth Me Angèle Tommasel Attorney for the mother B Father-absent Date of hearing: June 26, 2023 Last exhibit: D-34