2020 QCCQ 6322, 2020 QCCQ 6322

Protection de la jeunesse — 205811 2020 QCCQ 6322 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-004804-152 DATE: September 9, 2020 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2012 Child ______________________________________________________________________ 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 ] The Director of Youth Protection applies for a permanency order as regards the child X, extending until her majority the measures of protection relating to neglect in her family environment. [ 2 ] Both parents are absent, although duly notified of the proceedings. [ 3 ] The caseworker testifies to the fact that although the mother is present at the Courthouse the morning of the hearing and states her intention to seek contacts with her daughter, she leaves without notice. [ 4 ] As for the father, the caseworker is able to recently reach him and he indicates having relapsed and being back in therapy.

He states agreeing to the measures. [ 5 ] The child’s attorney, under a legal mandate, subscribes to the orientation sought by the Director. [ 6 ] Analysis and decision [ 7 ] The child has been evolving positively under the care of her foster family for the last four years. She projects herself in this environment on the long term. The foster family is also ready to invest in a life project. [ 8 ] X’s behaviours can be challenging. She benefits from psychotherapy and educator services in order to help her deal with trust and insecurity issues relating to her past.

Her fears of abandonment recede and she is better able to express her emotions in a healthy manner. [ 9 ] Her parents remain uninvolved while continuing to struggle with unstable lifestyles. Efforts to engage them in the follow-up are unsuccessful. [ 10 ] X visits her maternal grandmother on a monthly basis and they maintain a significant bond. The grandmother and the foster parents organize the contacts together without issue. [ 11 ] Tutorship proceedings are in view in order to further normalize the child’s situation and eventually put an end to the Director’s involvement.

Notwithstanding, X needs to feel that her situation is stable to further appease her. For this reason, the Director seeks an extension of the measures until her majority. [ 12 ] After considering the evidence, the Court endorses the conclusions sought as the reflection of the child’s best interests as well

as the objectives of the law. [ 13 ] FOR ALL THESE REASONS, THE COURT: [ 14 ] GRANTS the application for extension of a Court decision; [ 15 ] DECLARES that the security and development of the child are still in danger; [ 16 ] EXTENDS the Court order rendered on March 15, 2019; [ 17 ] ENTRUSTS the child to a foster family of Mrs C and Mr D; [ 18 ] ORDERS that the name and the coordinates of the foster family remain confidential as to both parents and be redacted from their copies of the judgment; [ 19 ] FORBIDS any contact between the child and her parents except to answer the the child’s therapeutic needs; [ 20 ] WITHDRAWS the exercise of certain attributes of parental authority and AUTHORIZES the Director of Youth Protection to sign the authorizations required for medical, school, recreational, extra-curricular or travel purposes, including the application for a passport, driving lessons and driver’s licence; [ 21 ] ORDERS that the contacts between the child and her maternal grandmother be following agreement between the parties; [ 22 ] FORBIDS any contact between the child and her paternal family members; [ 23 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regards or their child’s regards to put an end at the situation in which her security or development are in danger; [ 24 ] ORDERS that the parents take an active

part in the application of the measures; [ 25 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 26 ] RECOMMANDS that the parents inform the Director of any change of coordinates; [ 27 ] ALL THESE MEASURES until the child’s majority on [...], 2030; [ 28 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the present order. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Chambre de la jeunesse Me Alexandre Germain Attorney for the Applicant Me Annie Girard Attorney for the child Date of hearing: September 9, 2020 Date of signature : October 13, 2020