2022 QCCQ 14309, 2022 QCCQ 14309

Protection de la jeunesse — 229031 2022 QCCQ 14309 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002502-208 DATE: April 14, 2022 (written judgment rendered on June 13, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2013 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to review a decision rendered on October 20, 2020, regarding the child X, born on [...], 2013. At that date the Court declared the security and development endangered and entrusted X to the care of the foster family of his paternal grandparents Mr. C and Ms.

D, the whole until October 31, 2021. [ 2 ] The DYP submits that the situation does not allow to return the child to his parents and asks that the child be entrusted to a foster family, until October 31, 2022. Position of the Parties [ 3 ] The hearing started in November 2021. At that date, despite being dully served, the mother was absent and not represented. The Court proceeded in her absence. The hearing was supposed to be continued in January 2022. The mother was still absent. The hearing continued in April 2022. The mother was present and represented by Me Angèle Tommasel.

Because of the delay since November 2021, and the fact that the mother was newly represented, the Court authorized that the evidence to be restarted from the beginning. She admits that the situation of the child is still endangered and she agrees with the measures suggested by the DYP. [ 4 ] The father was present at each court’s date and represented by Me Michaël Pereira. He acknowledges that the security and development of his child are still endangered but, he disagrees with the measures and asks that X be entrusted to his paternal grandparents. [ 5 ] The child is 9 years old.

He is absent, but represented by Me Cassandra Neptune. X agrees to remain in his current foster family. [ 6 ] The child has one sibling, Y, (7 ¾). The Court is also seized with his situation. History of the Situation [ 7 ] On October 20, 2020 , the situation of the child was submitted to the Court. The evidence shows that between November 2018 and October 2019, X had been entrusted under his paternal grandparents’ care and Y under her maternal grandparents’ care. They came back, after a certain period, with their mother.

Both parents have alcohol consumption issues and the mother also displays mental health issues. The mother is conscious about her issues. She collaborates actively with the DYP, but her difficulties remained the same. The Court declared that the security and development of the child were endangered [1] and entrusted him to his paternal grandparents, the whole until October 31, 2021. [ 8 ] On August 5, 2021 , the Court entrusted the child to a foster home under provisional measures.

Facts [ 9 ] As ordered, X remained with his paternal grandparents during most of the measure. Unfortunately, some concerns events happened and that has caused the transfer of the child. Indeed, at one point, the paternal grandparents left the village without notifying anybody and left X with his father. Allegations of sexual gesture were also raised against the grandfather toward another child and X confirms being scared sometimes. Also, even if they assert that they stopped drinking, the DYP has information that both grandparents consume alcohol.

The father does not consider this consumption as being problematic, but due to that, the DYP had to entrust the child temporarily to another foster home. [ 10 ] Finally, due to the accumulation of events, the DYP decided to transfer definitely the child and entrusted him to Mr. E. This person is very reliable, very collaborative and appreciated by the family, but he is also very busy and has to travel regularly to other communities. Doing so, the plan could not be a permanent one and the DYP found another foster family. [ 11 ] Ms. F accepted to foster X and she is ready to commit on a long-term basis.

The child had integrated this house since a few weeks, and he is adapting very well. Ms. F is an extended family member. The mother is in agreement with such placement. Considering the very good collaboration of the mother, the DYP authorizes frequent contacts with sleep overs at her place. As long as the mother is sober, the DYP has no concerns about her. [ 12 ] The father asks that the youth be reintegrated under his paternal grandparents. The grandfather also testifies and asks the return of his grandson. He is very concerned by the fact that he could be raised by someone else, but recognizes that Ms.

F is taking good care of him. If the Court refused the return of the child, he asks for regular contacts, during the weekend and when there is no school. [ 13 ] X had medical issues, but the situation is improving. Ms. F had been made aware of the medical recommendations and ensure that she will take care of it. His medical situation does not prevent him anymore from going to school. He attends on a daily basis and he loves that. Analysis [ 14 ] The situation of the child continues to be endangered and he continues to suffer from instability at his grandparents’ place.

He had been entrusted there to maintain him with close family members, but unfortunately it did not work. [ 15 ] The paternal grandfather testimony did not reinsure the Court. Indeed, he clearly asserts that he will not collaborate with the DYP and that, according to him, he has no issues. The father confirms that there is no difficulty at the paternal grandparents’ place.

Obviously, the father does not see the seriousness of the situation and cannot be a protective factor for his children. [ 16 ] Luckily, other extended family members raised their hand to foster the children and both of them are adapting very well. [ 17 ] Although the parent’s situation does not permit them to have their children back, their situation improved enough to have regular and extended contacts with them as long as they remain sober .

FOR THOSE REASONS, THE COURT: [ 18 ] GRANTS the application; [ 19 ] DECLARES that the security and development of the child X, born on [...], 2013, are still endangered; [ 20 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 21 ] TAKES JUDICIAL NOTICE that the child is currently entrusted to Ms.

E; [ 22 ] ORDERS that the modalities, the frequency, and the degree of supervision of the contacts between the child and the parents be determined by the Director of Youth Protection; [ 23 ] TAKES JUDICIAL NOTICE that the Director of Youth Protection agree with extended contact between the children, the parents and the grandparents as long as the parents and the grandparents are sober; [ 24 ] ORDERS that the parents take an active

part in the application of the measures ordered by the Court; [ 25 ] ORDERS that parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 26 ] ORDERS that a person working for an institution of a body, provide aid, counselling and assistance to the child and the family; [ 27 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 28 ] THE WHOLE until April 30, 2023. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Adèle Cyr , attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Angèle Tommasel , attorney for the mother (April 14, 2022) Me Michaël Pereira, attorney for the father Dates of hearing: November 9, 2021 and April 14, 2022