2023 QCCQ 10898, 2023 QCCQ 10898

Protection de la jeunesse — 235661 2023 QCCQ 10898 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No.: 614-41-000104-168 DATE: November 8, 2023 ______________________________________________________________________ BY THE HONOURABLE NATHALIE SAMSON, J.C.Q. ______________________________________________________________________ X , born on […], 2011 Child and [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A of Health and Social Services A Applicant and A Mother ______________________________________________________________________ JUDGMENT ON A DRAFT AGREEMENT (sections 95, para. 1, and 75, Youth Protection Act , CQLR, c.

P-34.1 ______________________________________________________________________ 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 has applied under s. 95 of the Youth Protection Act [1] for the review of a decision rendered on July 18, 2022, by the Honourable Lucie Godin, J.C.Q., who ordered that the child remain entrusted to a foster family for a period of one year. [ 2 ] At the hearing, the child was assisted by a lawyer.

She admits the alleged facts and agrees with the measures. [ 3 ] The Director informed the Court that the mother is homeless in Town A, but that they were able to reach her at a resource for itinerant people where she goes regularly. The mother signed the agreement in the presence of a liaison officer who ensured that the mother consented in a free and enlightened manner. The mother was also informed that the Director could give her the links to connect to the hearing and even pay her travel expenses to attend Court. However, the mother preferred not to be present.

Given the Director's evidence concerning the mother's consent and the explanations for her absence, the Court authorized the Director to proceed in the mother's absence. The Court also authorized the filing of the draft agreement signed by the mother and the child. [ 4 ] The parties admit that the child’s situation is still in danger and submit a draft agreement under

section 76.3 of Youth Protection Act on measures to put an end to the situation.

Draft agreement [ 5 ] The parties admit the following facts : - The child remained in the same foster family until June 17 th , 2023, at which time she was let go because of her tantrums and meltdowns; - During one of the child’s tantrums at school, the police had to be called; - The child was therefore moved to another foster family, the home of her mother’s paternal aunt in Town B on June 17, 2023; - The child has received services such as art therapy and sand therapy from Center A; - The director of Center A said that the child is on the list to see the pediatrician and therapist; - The child is attending school regularly and her teacher has said that she is one of her top students; - The child did not have any visits with the mother.

In fact, there have been no visits between the mother and the child for about 3 years;

- The child has scheduled visits with her cousins and aunts on Fridays and weekends; - The last time the mother called the foster family to ask for a FaceTime call with the child, it was in October and November of 2022; - The situation of the mother remains basically the same and her exact whereabouts are unknown; - The mother is not in a position to resume care of the child. [ 6 ] In order to put an end to the situation of danger for the youth’s security and development, the parties agree on the following measures: - That the youth remains in a foster family for a period of nine months; - That the youth attend school regularly; - That the youth continues to receive her therapy sessions with services from [Center A]; - That the youth receive any professional services required to help her with her psychological issues; - That the contact between the mother and the youth be supervised by the Director for frequency, modalities and level of supervision; - That the Director obtain and share information with all service providers working with the child and the mother; - That the mother considers receiving services for her personal issues; - That aid, counsel and assistance be provided to X and the mother for a period of 12 months; FOR THESE REASONS, THE COURT: [ 7 ] GRANTS this application for review; [ 8 ] REVIEWS the decision or order rendered on July 18, 2022; [ 9 ] DECLARES that the security and development of the child are still in danger under

section 38(b)(1)(iii) of the Youth Protection Ac t ; [2] [ 10 ] ORDERS the implementation of the draft agreement; [ 11 ] ORDERS that the parties abide by its terms; [ 12 ] ORDERS that X remain in a foster family for a period of nine (9) months; [ 13 ] ORDERS that X attend school regularly; [ 14 ] ORDERS that X continue to receive her therapy sessions with services from [Center A]; [ 15 ] ORDERS that X receive any professional services required to help her with her psychological issues; [ 16 ] ORDERS that contact between the mother and X be supervised by the Director of Youth Protection with respect to frequency, modalities and level of supervision; [ 17 ] AUTHORIZES the Director to obtain and share information with all service providers working with X and the mother; [ 18 ] RECOMMENDS that the mother considers receiving services for her personal issues;

[ 19 ] ORDERS that aid, counselling and assistance be provided to X and the mother for a period of twelve (12) months; [ 20 ] ORDERS that the police collaborate with the enforcement of the order; [ 21 ] ENTRUSTS the child’s situation to the Director of Youth Protection, who shall see that the measures of the agreement are carried out; [ 22 ] ORDERS the clerk of the Court of Québec, Youth Division, to append to this judgment a copy of the draft agreement to form an integral part hereof and to append such copy to any copy of the judgment to be subsequently delivered; [ 23 ] THE WHOLE for a period of twelve (12) months. __________________________________ NATHALIE SAMSON, J.C.Q.

Mtre Nathalie Fricot Attorney for the applicant Mtre Yan Massé Attorney for the child Mrs A Acting personally Date of hearing: October 5, 2023