2022 QCCQ 14549, 2022 QCCQ 14549

Protection de la jeunesse — 229194 2022 QCCQ 14549 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000912-212 DATE: December 13, 2022 (written judgment rendered on January 12, 2023) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2006 [SOCIAL WORKER 1] in her quality of authorized person by the Director of Youth Protection of the Centre intégré de santé et de services sociaux 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to review and prolong declare a decision rendered on June 13, 2022 regarding the adolescent X , born on [...], 2006. At that date the Court declared the security and development was still endangered and entrusted the adolescent to a foster family for a period of 6 months. [ 2 ] The DYP submits that the situation does not allow to return the youth to her parents and that the placement has to be prolonged.

Position of the parties [ 3 ] The parents are present and represented by Me Jennifer Lévesque Girard. They recognize that the security and development of their child are still endangered, and they agree with the measures. [ 4 ] The youth is present and represented by Me Samuel Richard-Guertin. She recognizes that her security and development are still endangered, and she agrees with the measures. Facts [ 5 ] Considering the absence of contestation, the parties file a draft agreement in which they list the facts that justify maintaining the declaration of endangerment.

The facts are the following: 5.1 On June the 13th 2022, the adolescent was entrusted to a foster family for a period of 6 month 5.2 In the course of the month of June 2022, the parents decided to move out of the grand-mother’s house because their house was about to be sold; 5.3 For the next 2 months, the parents lived a month at the father’s uncle place and a month at the father’s sister place; 5.4 In August 2022, the parents found an apartment in Town A; 5.5 After further verification in November 2022, it appears that the apartment is adequate and in good condition; 5.6 A calendar of visit between the adolescent and her parents was organised and it appears that the never missed any contact with the adolescent; 5.7 During summertime, the parents were allowed to have unsupervised visit with the adolescent and her sibling; 5.8 They would go to the park or go shopping in Town B;

5.9 But beside having their own apartment, the situation remains the same; 5.10 The mother had to provide the DYP with her own scholar files in order to proceed a cognitive assessment, but the mother was not able to find the documents; 5.11 Even if the situation is still not easy for X, the adolescent continues to evolve positively in her current foster family and she opens up more and more recently; [ 6 ] This draft agreement also contains the measures they agree upon. The parents confirmed that they understood the draft agreement, they agree with, and they signed it freely.

The measures are the following: 6.1 That the child be entrusted to a family (to be determined at court) for a period of six (6) months; 6.2 That the contacts between the parents and the child be supervised and determined by the DYP as for length, frequency and modalities and in the presence of a third party as long as deemed necessary by the DYP; 6.3 That an institution or body provide aid, counselling or assistance to the child and the child's family for a period of six (6) months; 6.4 That the parents accept the exchange of information between all professionals implicated in the family's life to put an end to the situation in which the security or development of the child is in danger; 6.5 That the parents report periodically to the DYP on the measures they apply in their own regard or in the child’s regard to put an end to the situation in which the security or development of the child is in danger; 6.6 That the parents return the calls of the DYP’s delegates and that they attend their meetings with them; 6.7 That the child and the parents commit to actively participate in the measures designed to put an end to the situation in which the security or development of the child is in danger; 6.8 That the exercise of certain attributes of parental authority, regarding school purpose and health authorization, be withdrawn from the parents to the benefit of the DYP, in the event that both parents cannot be reach in a reasonable delay; 6.9 That the child receives all services and health care judged necessary for her situation; 6.10 That the mother consents to a psychological evaluation; 6.11 That X continues to benefit from psychological help; 6.12 That the parents authorize and apply the recommendations given by the professionals regarding the child’s situation and needs; 6.13 That the parents benefit from a follow-up of their choice regarding the parental capacities. 6.14 That the Director allow the child to travel outside of the country and obtain a passport from Canada for the child; 6.15 That police force collaborates to the execution of the Court order. [ 7 ] After verifying that the consent was given freely, the Court declares to be agreed with the measures and accepts to ratify it.

FOR THOSE REASONS, THE COURT: [ 8 ] GRANTS the application; [ 9 ] DECLARES that the security and development of the adolescent X, born on [...], 2006, are still endangered. [ 10 ] RATIFIES the draft agreement; [ 11 ] ORDERS the implementation of the measures mentioned in the draft agreement signed by the parties on December 12, 2022; [ 12 ] ORDERS the parties to comply with the following measures; 13.1 That the child be entrusted to a family (to be determined at court) for a period of six (6) months; 13.2 That the contacts between the parents and the child be supervised and determined by the DYP as for length, frequency and modalities and in the presence of a third party as long as deemed necessary by the DYP; 13.3 That an institution or body provide aid, counselling or assistance to the child and the child's family for a period of six (6) months; 13.4 That the parents accept the exchange of information between all professionals implicated in the family's life to put an end to the situation in which the security or development of the child is in danger; 13.5 That the parents report periodically to the DYP on the measures they apply in their own regard or in the child’s regard to put an end to the situation in which the security or development of the child is in danger; 13.6 That the parents return the calls of the DYP’s delegates and that they attend their meetings with them;

13.7 That the child and the parents commit to actively participate in the measures designed to put an end to the situation in which the security or development of the child is in danger; 13.8 That the exercise of certain attributes of parental authority, regarding school purpose and health authorization, be withdrawn from the parents to the benefit of the DYP, in the event that both parents cannot be reach in a reasonable delay; 13.9 That the child receives all services and health care judged necessary for her situation; 13.10 That the mother consents to a psychological evaluation; 13.11 That X continues to benefit from psychological help; 13.12 That the parents authorize and apply the recommendations given by the professionals regarding the child’s situation and needs; 13.13 That the parents benefit from a follow-up of their choice regarding the parental capacities. 13.14 That the Director allow the child to travel outside of the country and obtain a passport from Canada for the child; 13.15 That police force collaborates to the execution of the Court order. [ 13 ] ORDERS the clerk of the Court of Quebec, Youth Division, to attach to this judgement a copy of the draft agreement to form an integrant part hereof, and to attach such copy of the judgement to be subsequently delivered; [ 14 ] ENTRUSTS the child’s situation to the Director of Youth Protection for the execution of this order. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Marie-Michelle Grenier, attorney for the Director of Youth Protection Me Samuel Richard-Guertin, attorney for the child Me Jennifer Lévesque Girard, attorney for the mother Date of hearing: December 12, 2022