2022 QCCQ 12158, 2022 QCCQ 12158

Protection de la jeunesse — 227358 2022 QCCQ 12158 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 525-41-038699-211 DATE: November 30, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2010 child and A B parents ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 9.2, 9.3 and 135 Y.P.A. ). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on November 30, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered on September 2, 2021. [ 3 ] On September 1, 2022, the Tribunal maintained on a provisional basis, the child’s entrustment to the maternal grandmother. [ 4 ] Today, the Director recommends that the child remain entrusted to his maternal grandmother’s care and that support measures be ordered until May 30, 2023. [ 5 ] The parents and the child’s attorney agree with the Director’s plan. [ 6 ] The father would like to keep the exercise of his parental authority regarding travels for the child.

Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and analysis [ 8 ] The child and his brother have continued to thrive in the maternal grandmother’s care. [ 9 ] The child is doing well in school. He began an Autism Spectrum Assessment in September 2022. The Director is awaiting the final report. [ 10 ] The mother moved to Ontario. She has been receiving services through the Ontario Children’s Aid Society. Four supervised visits were organized. [ 11 ] The father maintained weekly supervised visits with the child.

At times, the visits were difficult to manage. On one occasion,

the father stormed out of the visit and did not return. [ 12 ] The father’s collaboration with the Youth Protection worker has been difficult. At times, he has been verbally abusive and threatening. Recently, he took steps to address his physical and mental health. He went to [hospital A] and is expecting to receive a call from them in a month. He also saw his doctor regarding his blood pressure. [ 13 ] The father knows that he can be triggered by the Director’s intervention.

He also knows that he should refrain from any aggressive behaviours towards the Youth Protection worker. [ 14 ] As neither parent can resume the child’s care, an extension of the child’s entrustment to the maternal grandmother will be necessary. THEREFORE AND FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application for extension; [ 16 ] DECLARES that the security or the development of the child is still endangered; [ 17 ] EXTENDS the order rendered on September 2, 2021; [ 18 ] ENTRUSTS the child to his maternal grandmother, Ms.

C; [ 19 ] ORDERS that the frequency and modality of contacts between the child and his parents be determined by the Director of Youth Protection, including supervision if deemed necessary; [ 20 ] RECOMMENDS that the parents maintain regular contact with the child; [ 21 ] TAKES JUDICIAL NOTICE that the father knows that he should refrain from any form of violence toward the workers involved; [ 22 ] ORDERS that the parents ensure an appropriate home environment regarding cleanliness, food and supervision, should visits occur in their home; [ 23 ] RECOMMENDS that the father continue to access services for his mental health needs, and follow through with the recommendations being made; [ 24 ] WITHDRAWS from the parents certain attributes of parental authority pertaining to the child’s medical, dental, educational, extracurricular, and GRANTS to the maternal grandmother, C, the authorization to sign for said attributes of parental authority; [ 25 ] TAKES JUDICIAL NOTICE that the parents agree for the child to travel with the maternal grandmother during the month of April 2023; [ 26 ] AUTHORIZES the Director of Youth Protection to obtain and exchange pertinent information with the Children’s Aid Society; [ 27 ] TAKES JUDICIAL NOTICE that the parents agree for the Director of Youth Protection to obtain and exchange pertinent information with the professionals involved with the family; [ 28 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 29 ] THE WHOLE until May 30, 2023; [ 30 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on December 7, 2022 /cd Mtre Esther Sterling Counsel for the Director of Youth Protection Mtre Thinam Larouche Counsel for the child Date of hearing: November 30, 2022