2021 QCCQ 10899, 2021 QCCQ 10899

Protection de la jeunesse — 216100 2021 QCCQ 10899 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 000898-186 DATE: June 9, 2021 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2011 child and A B (deceased) parents and C interested party ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on June 9, 2021. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered by the Honourable Lucille Beauchemin on June 10, 2020. [ 3 ] Today, the Director recommends that the child remain entrusted to her biological mother and that support measures be ordered until June 30, 2022. [ 4 ] The mother has been advised of the Court proceedings but is not present in Court. [ 5 ] The biological mother is happy to have the child with her but would like for the child to spend more time with the mother.

She had plans for two or three weeks during the summer. [ 6 ] The child’s attorney agrees with the Director’s recommendations. Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 8 ] The child has continued to thrive under her biological mother’s care. She attends School A in Grade 4. [ 9 ] The mother’s situation remained essentially the same. She has not yet taken any steps to receive formal support from the Social Services.

She still does not acknowledge the rationale for the Director’s intervention and the risk associated with the sexual abuse committed. Her collaboration with the Youth Protection worker has somewhat improved but remains minimal and superficial. [ 10 ] Visits were organized between the child and the mother. Those visits were reported as positive for the child.

[ 11 ] Information is to the effect that Mr. D is in Town A. For a long time, his exact whereabouts were unknown. His official address remains in Town B. Yesterday, the Youth Protection worker learned that Mr. D was returning to Town B and that he would reside with the mother. [ 12 ] In January 2021, Mr. E was released from detention. Since, he is residing with the mother. [ 13 ] During her testimony, Mrs. C mentioned that she wanted to go, with the child, visit the mother in Town B for two or three weeks.

As she will always be present to ensure the child’s security, the Youth Protection worker mentioned that she would be in agreement with such a plan. [ 14 ] The maximum duration of placement set by the Youth Protection Act for this child expired on October 4, 2020. [ 15 ] Mrs. C, the child’s biological mother, is able to continue to care for her and provide a safe and stable environment. She does not want to present a plan that would go against her mother and verbalizes that the child’s place should be with her adoptive mother. In order not to place Mrs.

C in a position of conflict and to disrespect her wish, the Director recommends to review the child’s life plan in a year. The Tribunal considers that it is in the child’s best interest to render a shorter order, as recommended. THEREFORE AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application for extension; [ 17 ] DECLARES that the security or the development of the child is still endangered; [ 18 ] EXTENDS the order rendered on June 10, 2020 by the Honourable Lucille Beauchemin; [ 19 ] ORDERS that the child be entrusted to her biological mother, Mrs.

C; [ 20 ] ORDERS that the child not come in contact with Mr. D, unless strictly supervised by the biological mother or another person approved by the Director of Youth Protection; [ 21 ] ORDERS that the child not come in contact with Mr. E, unless strictly supervised by the biological mother or another person approved by the Director of Youth Protection; [ 22 ] ORDERS that the mother and the biological mother take an active

part in the application of the measures ordered by the Court and fully collaborate with the Director of Youth Protection; [ 23 ] ORDERS that the mother and the biological mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 24 ] RECOMMENDS that the mother seek formal help through the Social Services or another resource deemed appropriate concerning her personal issues; [ 25 ] AUTHORIZES the Director of Youth Protection to access the information regarding the mother’s presence at appointments with professionals and her level of involvement with the services provided; [ 26 ] ORDERS that the contacts between the child and her mother be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 27 ] AUTHORIZES the Director of Youth Protection to perform unannounced visits at the mother’s residence when the child is present; [ 28 ] TAKES JUDICIAL NOTICE that visit of the child and Mrs.

C to the mother’s place is scheduled for two or three weeks during the summer in Town B and TAKES JUDICIAL NOTICE that Mrs.

C will always be present to ensure the child’s safety; [ 29 ] WITHDRAWS the exercise of certain attributes of parental authority from the mother and GRANTS this exercise to the Director of Youth Protection namely regarding health, school, extracurricular activities, travelling and passport; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 31 ] THE WHOLE until June 30, 2022; [ 32 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Kelly Ann Sinnett

Counsel for the child Mtre Ève Laoun Counsel for the interested party Date of hearing: June 9, 2021