2022 QCCQ 8025, 2022 QCCQ 8025

Protection de la jeunesse — 222374 2022 QCCQ 8025 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 640-41-001617-130 DATE: January 31, 2022 ______________________________________________________________________ BY THE HONOURABLE CHRISTIAN LEBLANC J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2013 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection A, having a place of business in [...], Applicant and A, deceased, Mother and B, Father ______________________________________________________________________ JUDGMENT (Section 95 of the 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 Director of Youth Protection (DYP) asks the Court to review a decision rendered on May 8, 2017 by the honourable Lucille Beauchemin, J.C.Q., regarding the child X, born on [...], 2013. [ 2 ] At that date the Court declared the security and development still in danger and entrusted the child to the foster family of C until her majority. [ 3 ] The Director submits that since the majority placement was ordered in 2017, the mother always offered a good collaboration when it was time to provide the needed authorizations for the child. [ 4 ] Unfortunately, the mother recently passed away. [ 5 ] Since the father has never been involved in the child’s life, the Director is asking the Court to modify the order rendered in 2017, to withdraw from the father certain attributes of parental authority and grant them to Ms C, the foster mother.

Position of the parties [ 6 ] The father is not present and he is not represented either. [ 7 ] Ms [Social Worker 2], social worker, testified about the steps she took to reach the father before the day of the present hearing. The DYP took steps to have the legal document served to him , but the bailiff could not find him . Furthermore, Ms [Social Worker 2] testified that the father have not been implicated in the child’s life for many years. He never calls the DYP and did not show up at meetings.

Finally, Ms [Social Worker 2] testified to the effect that the last time she did talk to him, she told him about the present demand and the father expressed that he was in agreement with it. [ 8 ] Therefore, the Court DECLARES having jurisdiction to proceed in the absence of the father. [ 9 ] The child is absent and represented. [ 10 ] The child’s lawyer submits to the Court that the measures requested by the DYP are in child’s best interest and she therefore agrees with the demand. Facts [ 11 ] On May 8, 2017, the Court orders that the child be entrusted until majority to the foster family of Ms C.

[ 12 ] During the following years, the DYP never felt the need to ask the Court to withdraw from the parents certain attributes of the parental authority, since the mother was collaborating and was providing the authorization that the child needed in a timely fashion. [ 13 ] Unfortunately, since the mother passed away, the attributes of parental authority are now under the sole responsibility of the father. [ 14 ] Since the father is not involved and do not want to be involved in the life of his daughter, the DYP alleged that it is necessary, in the best interest of the child, to withdraw the attributes of parental authority from the father and grant them to Ms C, who is the person caring for the child on a daily basis. [ 15 ] After careful consideration, the Court agree with the demand of the Director. analysis [ 16 ] As the Court said before, the father has not been involved in his daughter’s life since many years.

In fact, after the majority placement was ordered in 2017, the father did not see his daughter or ask any question about her for a period of three years. In addition, the father was incarcerated several times in the South over the last few years. Finally, his collaboration with the DYP is described as minimal. [ 17 ] Since the passing of the mother on October 7, 2021, a youth protection worker was able to reach the father at his work place on November 16, 2021. The father was informed of the DYP’s intention to present a demand in court for the withdrawal of the attributes of parental authority.

Over the phone, the father expressed his agreement with such a demand and also expressed not wanting to be involved in his daughter’s life. Unfortunately, on the same day, when the youth protection worker presented herself at the scheduled meeting with the father, he was not home and he never called back. [ 18 ] All of this, including his absence in court today, is an eloquent demonstration of the need to grant the DYP’s demand, withdraw the attributes of parental authority from the father and grant them to Ms C.

FOR THOSE REASONS, THE COURT: [ 19 ] GRANTS the application; [ 20 ] REVISES and EXTENDS the decision rendered on May 8, 2017; [ 21 ] DECLARES that the security and development of the X, born on [...], 2017, are still in danger; [ 22 ] ORDERS that the child be entrusted until her majority to a foster family chosen by the institution operating a child and youth protection centre, namely Ms C; [ 23 ] ORDERS that the contacts between the child and her father be determined by the Director of Youth Protection with regard to its terms and degree of supervision; [ 24 ] ORDERS that the father remains sober in the presence of the child; [ 25 ] ORDERS that the father reports in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 26 ] ORDERS that the father takes an active

part in the application of the measures ordered by the Court, cooperate fully with the Director and meet with the youth protection worker upon request; [ 27 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s father until she reach the age of majority; [ 28 ] ORDERS that the exercise of certain attributes of parental authority be withdrawn from the father regarding health, school, extracurricular activities, traveling and passport and be granted to Ms.

C; [ 29 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A, who will see that the measures are carried out. Signed on March 11, 2022 __________________________________ CHRISTIAN LEBLANC , J.C.Q. Me Justine Carli, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Ms A, mother, deceased Mr B, father, not represented Date of hearing: January 31, 2022