2022 QCCQ 8557, 2022 QCCQ 8557

Protection de la jeunesse — 225164 2022 QCCQ 8557 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division» N° : 505-41-010113-209 DATE : July 7, 2022 ______________________________________________________________________ PRESIDED BY THE HONOURABLE MÉLANIE ROY ______________________________________________________________________ [SOCIAL WORKER A], Youth Protection worker duly authorized by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicant -and- X , born on [...], 2020 Child -and- A Mother -and- B Father ______________________________________________________________________ JUDGMEN 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, 9.3 and 135 Y.P.A.). [ 1 ] The child is 23 months old.

He is entrusted to a foster care family according to the last court order rendered on May 17, 2021. [ 2 ] The Director of Youth Protection (the Director) petitions the Court with an application for revision and extension of its last decision. [ 3 ] She alleges that it is unlikely that the child will return to his parents and recommend that the child be entrusted to a foster care family with a social follow-up until his majority. [ 4 ] The mother agrees with the placement but would like to have visits with his son at least every two weeks. She believes that she will be able to care for her son in the near future.

She also disagrees with the restriction of her parental authority. [ 5 ] The father was absent on the last day of the hearing. [ 6 ] On behalf of the child, his lawyer agrees with the Director’s recommendations. Questions at issue [ 7 ] Should X be entrusted to his foster care family until his majority? [ 8 ] Are the visits in the best interest of the child and if so, how should they be organized? [ 9 ] Should the Court withdraw partially the exercise of parental authority from the parents? The context [ 10 ] Following the last court order, the child remained in the foster home of Ms. C.

He has continued to thrive under her care and has

reached most of his developmental milestones with minimal delays. [ 11 ] He attends a […] immersion class three days a week which provides him with the opportunity to learn the language A and culture with other children his age and with their caregivers. He is very engaged and likes to participate in the classes; singing songs, playing with instruments and all of the other activities. The foster mother ensures that he participates in as many cultural activities as possible. [ 12 ] The father has had multiple arrests and legal issues and struggles with addiction problems.

He visited his son only three times for the summer of 2021. After that, he participated in some visits with his son but missed frequently. [ 13 ] On April 12, 2022, the Court ordered some provisional measures. At that hearing, both parents are present. [ 14 ] That day, the father appeared to be sober and testified explaining he wants to clean up and be a model for his son and gain the respect of community members.

He undertakes several engagements about the visits with his son such as: being consistent, being sober, not using his phone and being respectful with the social workers. [ 15 ] Unfortunately, at the final hearing, the father is not present. The Director explains that he is back to his old habits and that he does not collaborate. He has not had any contact with his son since the last hearing. [ 16 ] Since the last judgement, the mother was living in a group home according to a youth protection order. Her behaviors remained problematic.

She ran away a few times. [ 17 ] The parents continued to have a toxic relationship [ 18 ] On April 18 2022, the mother turned 18 and went back to live with her parents. They continue to offer an unstable and dysfunctional environment. The mother does not show up to scheduled meetings with the social worker and does not receive appropriate support from her parents. [ 19 ] The mother testified and explained that she lives with her parents but would like to move into an apartment in about a year.

She has no job since she just quit the one she had at Tim Hortons. [ 20 ] Since becoming an adult she left the rehabilitation centre and sees the father regularly. She does not want him to have any contacts with her son. [ 21 ] The mother was offered weekly visits. However, she missed some visits and meetings with the social workers without giving a good excuse. [ 22 ] During the visits, the mother shows her affection to her son ; however, she has difficulties engaging and interacting with him.

Recently, her behavior has improved, and she follows the advices of the supervisors. [ 23 ] The child has increasing reactions before and after the visits with his mother. He does not eat and can throw plates on the floor. His sleep is disturbed, and he needs the constant proximity of his foster mother. [ 24 ] When he is picked up by case aid to go to the visits, he has bad reactions and clings to his foster mother. When the foster mother packs the bag, he is very fearful and he cries and run away.

He must be reassured. [ 25 ] The foster mother explains that it takes him a few days to get better after the visits. [ 26 ] The Director mentions that there is no way to reach the parents in a timely manner. It was difficult to get her authorizations on a few occasions such as setting up doctor’s appointment, getting her signature to cross the border for visits or family trips and getting her consent for a haircut. [ 27 ] Both parents have difficulty answering their phones and are regularly unreachable. [ 28 ] The foster mother wants to care for the child until his majority.

The child shows signs of a healthy attachment and is comfortable there. Analysis and decision [ 29 ] Should X be entrusted to his foster care family until his majority? The answer is yes. [ 30 ] Both parents are dealing with important personal difficulties and the child would be at serious risk of neglect in many forms if he was returned to their care. [ 31 ] Parents not only have rights in respect of their child, but also obligations towards him. Unfortunately, they fail to supervise, educate, and exercise their parental authority.

The Court is very sensible to the parent’s important difficulties and traumas and understand that these are the main reason why they can’t assume their responsibilities but this decision must be taken through the eyes of the child and according to his best interest. [ 32 ] According to the law, the maximum delay of placement has been reached and the parents have no plan to take responsibility of their son in the short term. The Court must make an order that ensures continuity of care, stable relationships and stable living conditions corresponding to the child’s need and age on a permanent basis. [ 33 ] Ms.

C has been the sole caregiver of the child for most of his life. She ensures that he gets a response to all his needs and she gives him love and affection. She also ensures cultural safety that is essential to the well-being of Indigenous children.

[ 34 ] Are the visits in the best interest of the child and if so, how should they be organized? [ 35 ] The visits with the mother must continue ; however , they have to be less frequent for the moment. [ 36 ] The Court’s decision must consider that a permanent placement is ordered, and that the child will be under the primary car of Ms. C. Consequently, the mother can continue to play a part-time role in the life of her son without putting at risk his stability. [ 37 ] For the moment, the child has important and negative reactions that can affect this stability.

It is not in his best interest to maintain frequent contacts with his mother as he need to be secured and reassured. [ 38 ] The mother needs to make important changes if she wants to play a

part in her son’s life. The Court has told her many times that she needs to live independently and away from her neglectful and abusive parents. She has proven in the past that she can have positive moments with her son and that she could maintain a significant bond with him. [ 39 ] As for the father, the Court does not consider that the visits are in the best interest of the child. [ 40 ] There has been several missed contacts and no visits for a long time.

Despite, his assurances, he does not follow through. [ 41 ] If he gets the help that he needs and maintains long-term stability, he could come back in front of this Court to ask for visits with his son. Yet, the concept of time is not the same for a child than an adult and that will have to be considered in evaluating the child’s best interest. [ 42 ] Should the Court withdraw partially the exercise of parental authority from the parents? [ 43 ] The evidence demonstrates that the parents are hard to reach and that they do not collaborate with the different professionals.

The foster mother must be able, in a timely manner, to give authorizations for the child. This does not mean that the parents will not be informed because they still have parental rights and must be kept aware of their son situation. [ 44 ] After having received the admissions, and after considering the reports produced and the testimonies heard, the Court concludes that the security and development of the child are still in danger and that the situation gives rise to the measures sought.

FOR THESE REASONS, THE COURT: [ 45 ] GRANTS the application; [ 46 ] DECLARES that the security and development of the child X are still in danger; [ 47 ] REVISES and EXTENDS the Court order rendered on May 17, 2021 in the present file; [ 48 ] ORDERS that the child be entrusted to a foster family chosen by the Director of Youth Protection A namely Ms.

C until his age of majority; [ 49 ] ORDERS that the visit between the child and his mother be following an agreement between the parties in a presence of a third person chosen by the Director and to the condition that the mother be sober if there is no agreement, the Director will organize contacts once a month; [ 50 ] SUSPENDS the contacts between the child and his father; [ 51 ] ORDERS that visits to X’s maternal and paternal grandparent’s home be prohibited; [ 52 ] RECOMMENDS that the parents engage in services to address their personal issues; [ 53 ] ORDERS that the parents reports in person at regular intervals to the Director of Youth Protection to inform her of the current situation; [ 54 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the child and his family; [ 55 ] WITHDRAWS partially the exercise of all attributes of parental authority from the parents and AUTHORIZES Ms.

C to sign alone the authorizations required for medical, school, recreational, extra-curricular or travel purposes, includingthe application for a passport, driving lessons and driver’s licence; [ 56 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A for the execution of the measures ordered; [ 57 ] T HE WHOLE until his age of majority on [...], 2038. __________________________________ Mélanie Roy, J.C.Q. Me Caterine Caron Attorney for the DYP

Me Lucie Gaucher Attorney for the child Me Aude Bastien Attorney for the mother Me Jean-Pierre Gaudreau Attorney for the father Dates of hearing : July 7, 2022 Judgment signed on : July 26, 2022