2023 QCCQ 8236, 2023 QCCQ 8236

Protection de la jeunesse — 232243 2023 QCCQ 8236 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000875-203 DATE: May 3, 2023 ______________________________________________________________________ BY THE HONOURABLE NATHALIE SAMSON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2011 [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 ON AN APPLICATION TO EXTEND A DECISION (sections 95para. 1, and 75 of the Youth Protection Act , CQLR., c. P-34.1 ) WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (ss. 9.2, 9.3 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection (the Director) has submitted an application to extend a decision rendered on August 22, 2022, by the Honourable Peggy Warolin, J.C.Q.

That decision declared that the security or development of the child was still in danger and ordered that the child be entrusted to C, the applicant kinship foster family. [ 2 ] At the hearing, the parents were absent and not represented by lawyers. The child, assisted by Mtre Samuel Richard-Guertin, agreed to the measures. The Court agreed to proceed without the parents, who had been duly served. [ 3 ] The Director asks that the child be entrusted to the kinship foster family, C, until he reaches the age of majority.

The social worker testified and explained that both parents agree with the measures suggested by the Director. THE FACTS [ 4 ] On August 22, 2022, the child was entrusted to C, an accredited kinship foster family, for a period of six (6) months. The child had to be moved to C’s home since his previous kinship foster family was not in position to provide a safe environment for him. [ 5 ] Since the beginning of his placement, the child has adapted very well to his new environment. He has been settling into his new home and adjusting well to his new school.

He is now sharing a room with one of his older siblings. [ 6 ] The mother is sometimes difficult to reach, but she is in contact with the Director of Youth Protection’s delegates from time to time. She is still struggling with her addictions. She was signed up for rehab, but ended up not attending. Currently, she is following a detox cure at Center A and she is supposed to be out next week. She was recently allocated a house in community A, and she will be able to move in next summer. [ 7 ] As for the father, he does not want to cooperate with the Director’s services or any other authorities.

He is also difficult to reach. He goes away with his girlfriend. He has been sober for two (2) months. He is working on his situation.

[ 8 ] The child is an 11-year-old boy who is humorous and happy. He is very bright and always smiling. He is doing very well at his aunt’s place. He loves living with his brother and being with his family there, but he really misses his family in community A. If the situation permits, the organization A worker will allow the child to have longer visits in his community. Counsel for the child stated that the measures are in the child’s interest and meet his needs. [ 9 ] C is the mother’s aunt and she is from community A, the same community as the child’s parents. She will continue to teach the child’s culture.

She loves the child and wishes the best for him. She has good communication with the parents. Her spouse agrees with the placement and he too would like to have the child living with their family until he reaches the age of majority. The father visits them regularly in Town A. She has been taking care of the child for one year now, and she also takes care of the child’s brother, who is fourteen (14). They share a bedroom. The child goes to School A, the English school in Town B, and he is doing well.

He is gradually adapting to the school’s program. [ 10 ] After taking into consideration the documentary evidence, the testimonies, and the positions of the parties, the Court finds that the evidence is sufficient and declares that the child’s security or development is still in danger and that the measures suggested by the Director meet his needs and are in his interest.

FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the application; [ 12 ] DECLARES that the security or development of X, born on [...], 2011, is still in danger; [ 13 ] EXTENDS the decision rendered on August 22, 2022; [ 14 ] ORDERS that X be entrusted to the kinship foster family, C, until he reaches the age of majority; [ 15 ] ORDERS that frequency and terms of contact between the parents and the child be determined by the Director of Youth Protection and that contact take place in the presence of a third party, if deemed necessary by the Director of Youth Protection; [ 16 ] ORDERS that the parents undertake to ensure that the youth is not in the presence of people under the influence of drugs or alcohol, including themselves; [ 17 ] RECOMMENDS that the parents benefit from individual services, in particular for their alcohol consumption, for as long as deemed necessary by the professional; [ 18 ] ORDERS that contact between the youth and his siblings be maintained; [ 19 ] ORDERS that the child receive the health services required by his situation; [ 20 ] AUTHORIZES C to sign forms relating to school, health authorizations, travelling out of the country, or a driver’s license, in the event that neither of the parents can be reached; [ 21 ] AUTHORIZES the exchange of information between all professionals involved in the family's life to put an end to the situation in which the security or development of the child is in danger; [ 22 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own 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; [ 23 ] ORDERS that an institution or body provide aid, counselling, or assistance to the child and the child's parents until X reaches the age of majority; [ 24 ] ORDERS that the police collaborate with the enforcement of the order; [ 25 ] ENTRUSTS the situation of the child to the Director of Youth Protection, who shall then see that the measures are carried out; [ 26 ] The whole until he reaches the age of majority . __________________________________ NATHALIE SAMSON, J.C.Q.

Mtre Marie-Michelle Grenier Lemire, Gaouette et Martel – Contentieux CISSS – [A] Counsel for the Director of Youth Protection Mtre Samuel Richard-Guertin Legal Aid of Town C Counsel for the child Date of hearing: May 3, 2023