2021 QCCQ 15329, 2021 QCCQ 15329

Protection de la jeunesse — 218834 2021 QCCQ 15329 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] LOCALITY […] Youth Division No: 650-41-002204-127 DATE: November 30, 2021 ______________________________________________________________________ BY THE HONOURABLE VICKY LAPIERRE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], authorized person for the Director of Youth Protection, Applicant and X, Child and A, Mother and B, Father ______________________________________________________________________ JUDGMENT ON APPLICATION FOR A REVIEW AND AN EXTENSION (S. 95(1), 95(2) and 75 Y.P.A.) ______________________________________________________________________ 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, (the Director), applies for an extension and revision of a Court order in regard to the child X, born on […], 2012. [ 2 ] Among other things, the director is now asking that the child be entrusted to the care of his uncle C and his aunt D, the whole with other helping measures for a period of 12 months. [ 3 ] X is entrusted to his uncle and aunt since November 5, 2020. He lives with them and his twin brother. C is the tutor of his twin brother.

They live in the Town B area. Before living with them, he was entrusted to Ms. E in the community of Town A. He considered Ms. E as a mother. It was difficult for the child to leave her. [ 4 ] When he was living with Ms. E he was neglected in terms of educational needs. There was also lack of supervision. [ 5 ] Since the child has integrated the environment of his uncle and aunt, his journey was marked by sadness anguish and joy. The child is slowly adapting to his new environment.

He is happy to reconnect with his twin brother. [ 6 ] The lack of supervision in his previous environment brings its share of adaptations for the child. His foster parents need to teach him that he cannot walk around on his own. They also need to teach him to have a healthy routine such as getting to bed at the right time and that he cannot use a smartphone without parental supervision. [ 7 ] Right now, members of the family leave close to the child, including his paternal grandparents, paternal uncle and other brother F. [ 8 ] The child integrated a new school in the Town B area.

At first, it was home schooling given the pandemic. The child went through his Grade 2 with success. He is now in Grade 3 and he tells he really likes to go to school. [ 9 ] The child is slowly adapting to his new environment. As time goes on, it is easier to be separated from Ms. E with whom he still has less frequent contacts.

[ 10 ] The mother and the father live in the community of Town A. They still have difficulties in regard of their stability and addiction problems. They cannot assume their parental responsibilities. [ 11 ] At the hearing, the mother was present. She expressed her agreement to what is asked by the director to the court. [ 12 ] The court concludes that the security and the development of the child are still in danger because there is a serious risk of neglect due to the addiction problems and the instability of the parents. It is in the best child’s interest to be entrusted to C and D.

FOR THESE REASONS, THE COURT: [ 13 ] REVISES and EXTENDS the last order; [ 14 ] DECLARES that the security and the development of the child are still in danger; [ 15 ] ENTRUSTS the child to his uncle C and is aunt D for a period of 12 months; [ 16 ] ORDERS that a person working for an institution our body provides aid, counselling and assistance to the child and the child’s family for a period of 12 months; [ 17 ] ORDERS that the parents report periodically to the Youth Protection social worker to inform her of their situation; [ 18 ] WITHDRAWS parental authority from the parents and AUTHORIZE the Director of Youth Protection or the person designated by her to consent to the healthcare and services needed, to the schooling and after schooling activities, cultural and sports activities; [ 19 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order. __________________________________ Vicky Lapierre, J.C.Q.

M e Lyne Monger For the applicant Legal department of the CISSS A M e Chantal Gaudreau For the child Centre communautaire juridique A Mother present and not represented by counsel Father absent and not represented by counsel Date of hearing: November 30, 2021.