2021 QCCQ 15227, 2021 QCCQ 15227

Protection de la jeunesse — 219041 2021 QCCQ 15227 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 640-41-001531-125 DATE: October 21, 2021 (written judgment rendered on January 11, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2006 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C.

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 prolong a decision rendered on June 4, 2020, regarding the adolescent X, born on [...], 2006. At that date the Court declared the security and development still endangered and entrusted the adolescent to a foster family until May 31, 2021. [ 2 ] The DYP submits that the situation does not allow to return the youth to his parents and asks that he be entrusted to a foster family until the majority.

Position of the Parties [ 3 ] Despite being dully served, the parents are absent and not represented. The Court proceed in their absence. [ 4 ] The youth is absent, but represented by Me Cassandra Neptune. He recognizes that his security and development are still endangered and he agrees with the measures, but asks for more home visits. History of the Situation [ 5 ] On June 4, 2020 , the Court reminds that the situation of the adolescent was declared endangered since a long time due to physical abuse, psychological ill-treatment and neglect in terms of educational needs he had been the victim of.

In June 2019, the Court had also declared that his situation was endangered due to the abandon from the parents. [ 6 ] The Court also reminded that: [7] The youth is 13 years old and has been through 46 placements since 2010. Among them 34 were regular placements. The youth has been through almost constant instability. [8] Nevertheless he evolves positively and demonstrated a great amount of resilience. [ 7 ] He was in his foster family for more than one year. The Court maintained him in a foster family, ordered that a psychological evaluation be performed and all recommendations be followed.

The Court withdrawn the attributes of parental authority from the parents and granted it to the DYP, the whole until June 4, 2021. Facts [ 8 ] On May 13, 2021, the DYP filed an application for extension. At that moment, the youth was still living in the same foster family and he was evolving positively. The foster family had confirmed her intention to take care of him until his majority, and the DYP

was seeking a long-term placement. [ 9 ] In May, the Court did not have enough time to proceed and the hearing was postponed in August. In August, the day before the hearing, the DYP was made aware that the foster family became ambivalent regarding her involvement towards the youth. The DYP requested for a postponement to have more time to assess the situation. The hearing was postponed in October. [ 10 ] In October, the DYP worker confirmed that the foster family had given up on the child mostly because of a pay check the youth had received from his employment.

The foster family refused that the youth could do what he wanted with his money. [ 11 ] The DYP transferred the youth to another foster family. Ms. C, the mother of the previous foster father mentioned being interested to take care of the adolescent. He is there since that time. [ 12 ] Ms. C has only good words about the adolescent. He complies with the rules, he is very helpful and she is happy not to live alone. The youth’s presence help her following her son’s death by suicide a few years ago. She is happy to see his room occupied by a very nice young boy. [ 13 ] The adolescent is also very happy to be there.

Being within the same extended family keeps him close to the people to whom he has become attached to. He appreciates a lot the support he receives from Ms. C. [ 14 ] X affirms that he does not consume nor plan to consume. He says that he suffered too much due to alcohol and drugs consumption. [ 15 ] The recommended measures are in his best interest. Despite another source of instability, he found a safe place to stay where he is well taken care and loved. The Court hopes that it will be possible to determine a life plan there in a near future.

FOR THOSE REASONS, THE COURT: [ 16 ] GRANTS the application; [ 17 ] DECLARES that the security and development of the adolescent X, born on [...], 2006, are still endangered; [ 18 ] ORDERS that the youth be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 19 ] TAKES JUDICIAL NOTICE that the youth is currently entrusted to Ms.

C and that the Director of Youth Protection plan to maintain him there; [ 20 ] ORDERS that the parents periodically report to the Director of Youth Protection on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security and development of the child are endangered; [ 21 ] ORDERS that the modalities, the frequency, and the degree of supervision of the contacts between the youth and the parents be determined by the Director of Youth Protection; [ 22 ] ORDERS that the youth and the parents take an active

part in the application of the measures ordered by the Court; [ 23 ] ORDERS that the exercise of certain attributes of parental authority be withdrawn from the parents and granted to the Director of Youth Protection, namely regarding health, school, extracurricular activities, travelling and passport; [ 24 ] ORDERS that a person working for an institution or a body, provide aid, counselling, and assistance to the youth and the family; [ 25 ] ENTRUSTS the situation of the youth X , to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out; [ 26 ] THE WHOLE until October 31, 2022. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the youth Date of hearing: October 21, 2021