2020 QCCQ 4128, 2020 QCCQ 4128

Protection de la jeunesse — 204172 2020 QCCQ 4128 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005716-181 760-41-005717-189 DATE: February 21, 2020 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born [...], 2017 Y , born [...], 2015 Children ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] On August 1, 2019, the Court extends various measures in place in regards to the siblings X and Y in relation to the serious risk of neglect stemming from their parent’s lifestyle.

While maintaining the children in foster care, the Court suspends contacts with their parents and limits the exercise of parental authority. [ 2 ] Alleging that the situation remains unchanged and that a further period is required in order to clarify the children’s permanency plan, the Director asks to prolong their implication for another nine months. [ 3 ] Both parents are absent although notified of the proceedings. The children’s attorney, acting within a legal mandate, subscribes to the conclusions. [ 4 ] Analysis and decision [ 5 ] The children reside in foster care since June 2018.

They flourish in their respective environments, who remain ready to care for them on a long term basis. [ 6 ] Since the suspension of contacts with their parents, there is improvement as to their development. They do not mention their parents. [ 7 ] Since the last order, the mother continues to be disinvested. Such is the same for the father, despite his affirmations to the contrary at the last hearing. Both struggle with issues which maintain a globally unstable lifestyle.

Neither have cooperated with the Director nor undertaken steps to rehabilitate their parental capacities. [ 8 ] They both remain unreachable and therefore unavailable to sign authorizations in regards to their children. [ 9 ] The evidence convinces the Court that the security and the development of the children continue to be in danger and that it is appropriate that they continue to benefit from the application of protective measures. [ 10 ] In view of the delays of placement provided under the Youth Protection Act, concurrent with the determination that the security or the development of the children are still in danger and that a return with their parents is unlikely in the short term, their interests dictate that the next period serve to establishing a plan ensuring the continuity of care, stable relationships and living conditions corresponding to their respective needs and age, on a permanent basis.

[ 11 ] In September 2019, a life comity project meeting is held to evaluate the children’s needs on a permanent basis. As of today, this evaluation is ongoing and no specific orientation is concluded upon. While affording another delay for this process in the children’s best interests, the Court fully expects that the Director will complete its mandate without delay, in default of which the Court will exercise its legislated obligation. [ 12 ] The Court therefore endorses the conclusions sought as respecting the children’s interests as well as the objectives of the law.

FOR ALL THESE REASONS, THE COURT: [ 13 ] GRANTS the applications; [ 14 ] DECLARES the security and development of the children still in danger; [ 15 ] REVISES and EXTENDS the Court order rendered on August 1, 2019; [ 16 ] ENTRUSTS the children to a foster family chosen by the Director of Youth Protection A; [ 17 ] SUSPENDS the contacts between the children and their parents; [ 18 ] ORDERS that the parents take an active

part in the application of the measures; [ 19 ] WITHDRAWS the exercise of certain attributes of parental authority from the parents and AUTHORIZES the Director of Youth protection to sign the authorizations required for medical, school, recreational, extracurricular or travel purposes, including the application for a passport; [ 20 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and their family; [ 21 ] ALL THESE MEASURES for 9 months; [ 22 ] ENTRUSTS the situation of the children to the Director of Youth Protection A for the execution of the present order. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Anne-Catherine Bujold Attorney for the applicant Me Stéphanie Castagnier Attorney for the children Date of hearing: February 21, 2020 Date of signature: March 24, 2020