2014 QCCQ 16230, 2014 QCCQ 16230

Protection de la jeunesse — 144238 2014 QCCQ 16230 JC0B11 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF […] Youth Court Division No: 760-41-004009-117 760-41-004010-115 DATE: February 21, 2014 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X, born [...], 2002 Y, born [...], 2009 Children THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- 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 ] The Director of Youth Protection presents motions for extension of a Court decision of November 23, 2012 concerning the siblings X, born on [...], 2002 and Y, born on [...], 2009. [ 2 ] The motions allege that the pursuit of the parental difficulties justifying the initial measures, as well as their lack of involvement in the intervention.

The Director proposes an order applying protective measures until the majority of the children, namely that the children remain in the care of their maternal aunt. As to the contacts with the parents, the Director recommends the continuation of the previous order providing supervision. [ 3 ] The parents are absent, although duly served of the proceedings. The mother consents to the measures by way of a letter produced in the Court file.

X contests the duration of the placement, asking to return to the care of his father before his majority. [ 4 ] ANALYSIS AND DECISION [ 5 ] Since April 2011, the children continue to reside with their maternal aunt and are evolving positively. [ 6 ] The parents maintain little involvement with the children since their placement and undertake no steps to resolve their issues relating drug and alcohol dependency, instability and parenting. [ 7 ] The father refuses to participate with the intervention, nor does he inquire about the children. He resides at his mother's home in Town A.

He occasionally sees the children in the community and speaks with them. [ 8 ] X testifies to having seen his father ''a couple of times'' at the store or around town. They have short visits, usually a few minutes. He ignores if his father can take care of him. As for his mother, he saw her in February, at the occasion of his brother's birthday. He is doing well in his foster family. [ 9 ] The mother is residing in Town B. Arrested in September 2013, she remains incarcerated until [...] 2014.

She is the subject of arrest warrants and charges in the provinces of Quebec and B. [ 10 ] After evaluating the evidence, the Court concludes that the security and the development of the children continue to be in danger. Consequently, the children's best interests dictate that they continue to benefit from measures of protection in virtue of the Youth Protection Act . [ 11 ] Furthermore, the Court concludes to the expiration of the maximum periods of temporary placement provided by

article 91.1 of the Youth Protection Act , which stipulates the following: 91.1. If the tribunal orders a foster care measure under subparagraph j of the first paragraph of

section 91, the total period of the foster care may not exceed (a) 12 months if the child is under two years of age on the date the order is made, (b) 18 months if the child is from two to five years of age on the date the order is made, or (c) 24 months if the child is six years of age or over on the date the order is made. When determining the duration of foster care, the tribunal must take into account the duration of any foster care measure applied to the same situation in an agreement on voluntary measures referred to in subparagraph j of the first paragraph of

section 54, as well as the duration of any prior foster care measure it ordered under the first paragraph. It may also take into account any prior period during which the child was placed or provided with foster care under this Act. If the security or development of the child is still in danger at the expiry of the periods specified in the first paragraph, the tribunal must make an order aimed at ensuring continuity of care, stable relationships and stable living conditions corresponding to the child's needs and age on a permanent basis.

However, the tribunal may disregard the periods specified in the first paragraph if it is expected that the child will be returned to his family in the short term, if the interest of the child requires it or for serious reasons, such as failure to provide the services agreed upon. At any time during a period specified in the first paragraph, if the security or development of the child is still in danger, the tribunal may

make an order aimed at ensuring continuity of care, stable relationships and stable living conditions corresponding to the child's needs and age on a permanent basis. 2006, c. 34, s. 63 . [ 12 ] Within this evaluation, the Court considers X's request to eventually return to live with his father. His request is the reflection of his sufferings stemming from the virtual abandonment by his parents and his consequent wish for reunification.

The facts brought forth in his testimony only further reinforce that the father is not a significant presence in his life. [ 13 ] Although it is possible that the parent's respective situations evolve, the evidence suggests a sombre prognosis and this, in conjunction with the period of placement, justify that the Court consider an order which aims at ensuring the continuity of care, stable relationships and stable living conditions corresponding to the children's needs and age, on a permanent basis. [ 14 ] After considering the evidence, the Court endorses the measures recommended by the Director of Youth Protection, which are the reflection of the children's best interests. [ 15 ] FOR ALL THESE REASONS, THE COURT: [ 16 ] GRANTS the motions; [ 17 ] DECLARES that the security and development of the children are still in danger; [ 18 ] ORDERS that the children be entrusted to a foster family chosen by the Town A] Child and Family Services until the age of majority; [ 19 ] TAKES ACT that the foster family is that the maternal aunt, Mrs.

C; [ 20 ] ORDERS that the contacts between the children and their parents be upon agreement between the parties and in the presence of a third party chosen by the Director of Youth Protection; [ 21 ] WITHDRAWS the exercise of certain rights of parental authority from the parents and AUTHORIZES the Director of Youth Protection to sign the authorizations required for medical, school, recreational, extra-curricular, driver license, travel purposes, including the application for a passport; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and their family; [ 23 ] ALL THESE MEASURES until the children's respective majority, for X until [...], 2020 and for Y until […], 2027; [ 24 ] ENTRUSTS the situation of the children to the Director of Youth Protection of the Centre Jeunesse A for the execution of the measures. __________________________________ BEATRICE CLEMENT, J.C.Q.

Me Mylène Francoeur Galarneau Attorney for the Petitioner Me Karine P. Poissant Attorney for the children Date of hearing: February 21, 2014