2021 QCCQ 9075, 2021 QCCQ 9075

Protection de la jeunesse — 211367 2021 QCCQ 9075 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 565-41-000388-195 DATE: February 9 th , 2021 ______________________________________________________________________ BY THE HONOURABLE JEAN-FRANÇOIS NOËL, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LES CENTRES JEUNESSE A Petitioner and X , born on [...], 2019 Child A B Parents ______________________________________________________________________ JUDGMENT (sections 95 and 75, 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Court is seized of a motion under

Section 95 of the Youth Protection Act , whereby the Director of Youth Protection is seeking the revision and extension of the decision rendered by this Court on January 16 th , 2020, in the situation of the child X, aged 1. [ 2 ] On that day, the Court declared the child’s security and development to be endangered as a result of a serious risk of neglect (unresolved history of parental negligence and substance abuse) and ordered the child to be entrusted to the kinship foster family of Mrs. C.

The order provides for contacts between the child and the parents to be determined by agreement between the parties or, failing agreement, supervised. The order also recommends that both parents receive various services in order to address their personal difficulties (substance abuse and parental abilities). The parents then agreed with the motion and all of the protection measures. [ 3 ] The Director is now seeking to entrust the child to Mrs. C until she reaches majority. In support of this request, the Director alleges that the delays provided at

section 91.1 of the Act have been attained and that the parents’ situation makes it impossible to envisage the child’s return under their care. All the while, the child is said to be thriving under the care of her kinship foster family. [ 4 ] The parents do not attend the hearing. Although duly informed, the mother is out of town for an appointment. She is well aware of the Director’s proposal to entrust the child to Mrs. C until majority and she has made it clear that she agrees. She informed the social worker that she sees no need to come to Court. As to the father, he has also expressed his agreement with the Director’s proposal. Mrs. C is attending the hearing in accordance with

section 83 of the Act. ANALYSIS [ 5 ] The Director has been involved with this family for quite some time due to the parents’ substance abuse and unresolved negligence issues. The father has two other children who are currently in foster care. The mother has nine other children; the eldest has reached adulthood while the others are all subject to a tutorship order. [ 6 ] The parents agreed during the mother’s latest pregnancy that the child would be entrusted to Mrs. C upon birth and Mrs. C was in attendance during the child’s birth.

[ 7 ] Since the last order, the parents’ situation has remained unstable. They have moved several times and continue to struggle with their addiction issues. The mother has encountered several difficulties with the law and was hospitalized in May 2020 following a drug overdose. The parents recognize that it is in the child’s interest to remain with Mrs. C on a permanent basis. [ 8 ] The maximum placement delays provided under

section 91.1 of the Act (12 months in the case of a child less than 2 years old) have been attained and the situation clearly does not allow to envisage the child’s return under the care of either parent in the short term. The evidence reveals no other reason to forego the delays, and the Court must therefore make an order to ensure the continuity of care, stable relationships and living conditions corresponding to the child’s needs and age, on a permanent basis. Such is what the Director is now proposing. [ 9 ] The child is entrusted to Mrs.

C since birth and has developed a strong and secure bond with her foster mother. She has a good routine, is developing well and all her needs are being met by Mrs. C, who is also seeing to the child’s regular medical follow-ups, including vaccination. [ 10 ] Mrs. C is resolutely committed to continue to take care of the child until she reaches the age of majority. She has also developed a good relationship with the parents, which facilitates the organization of contacts.

The permanency project is clearly viable and in the interest of the child. [ 11 ] THEREFORE THE COURT: [ 12 ] GRANTS the motion; [ 13 ] DECLARES that the security and development of the child remain endangered; [ 14 ] REVISES AND EXTENDS the decision rendered on January 16 th , 2020; [ 15 ] ORDERS the execution of the following protective measures until [...], 2037:

a) That the child be entrusted to the kinship foster family of Mrs. C;

b) That the contacts between the child and her parents be determined by agreement between the parties; in the absence of agreement, contacts will be supervised;

c) That a person authorised by the First Nations Services of the [A] Integrated Health and Social Services Center provide aid, counsel and assistance to the child and her family; [ 16 ] RECOMMENDS that the parents receive services in order to address their personal difficulties (substance abuse and parental abilities); [ 17 ] WITHDRAWS from the parents the exercise of the attribute of parental authority regarding the ability of giving a medical authorizations and GRANTS such exercise to the Director of youth protection; [ 18 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of this decision.

Signed on March 24 th , 2021 __________________________________ JEAN-FRANÇOIS NOËL, J.Q.C. M e Danielle Pharand Counsel for the Director of Youth Protection M e Émilie Bouchard Counsel for the child Date of hearing: February 9 th , 2021.