2023 QCCQ 8677, 2023 QCCQ 8677

Protection de la jeunesse — 234422 2023 QCCQ 8677 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000433-133 DATE: June 6, 2023 ______________________________________________________________________ BY THE HONOURABLE YVES DESAULNIERS, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], in his quality of authorized person by the Director of youth Protection (“DYP”) of the CISSS A, Applicant and X, born on [...], 2009 Child and A B Parents/Respondents ______________________________________________________________________ JUDGMENT For revision and extension of order ______________________________________________________________________ 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 9.2, 9.3 and 135 Youth Protection Act). [ 1 ] This judgment is the written and reasoned version of the judgment rendered orally on June 6, 2023.

Overview [ 2 ] The DYP asks the Court to revise and extend the order rendered on February 23, 2023, entrusting the child to a rehabilitation center (“Center”), with social follow-up, until June 30, 2023. [ 3 ] The DYP asks the Court to declare that the security or the development of the child is still in danger [1] . [ 4 ] The DYP asks the Court to entrust the child to the foster family of Ms.

C until [...], 2027, date of majority of the child. [ 5 ] The parents are not involved in the child’s life. [ 6 ] The child has been entrusted to a Center since August 31, 2022. [ 7 ] The Center was a necessity for the intervention. Being placed in the structure of a foster home will benefit her character and self-esteem, in a more natural, healthier environment. [ 8 ] Ms. C agrees to take care of the child’s destiny until the date of her majority, [...], 2027. The child agrees to the conclusions of the application. [ 9 ] The security or the development of the child is still in danger.

The Court grants the application. Analysis [ 10 ] The child, who is 13 years old, had a difficult time. She no longer respected the rules at home nor at school, which led to her integration in the Center.

[ 11 ] At the Center, the child improved her skills to interact with her peers and educators. She is able to make good decisions that will benefit her well-being. [ 12 ] She has a follow-up with A Family Services so she can articulate her challenges. However, the child is slowly participating in the services provided to her. [ 13 ] The child does enjoy her outings at the foster home. She is looking forward to being in a home rather than an institution.

Actually, there are no issues when the child is at the foster home and abides by the rules that are in place. [ 14 ] She is fortunate to be with her siblings who are also entrusted to that foster home until their age of majority. [ 15 ] The foster parents, by the voice of Ms. C, are willing to accept the child into her home. [ 16 ] The involvement of the child’s parents has been absent since the child has been under Youth protection. They have themselves their personal problems. [ 17 ] The evidence demonstrates that the security or the development of the child is still in danger.

FOR THESE REASONS, THE COURT [ 18 ] GRANTS the present application for revision and extension of order; [ 19 ] DECLARES that the security and development of the child are still considered to be in danger according to

section 38 of the Youth Protection Act; [ 20 ] REVISES and EXTENDS the Court order rendered on February 23, 2023, in the present file; [ 21 ] ENTRUSTS the child to the foster family of Ms.

C until [...], 2027, date of majority of the child; [ 22 ] ORDERS that the contacts between the child and his parents be determined by agreement between the parties and AUTHORIZES the DYP to supervise them; [ 23 ] WITHDRAWS the exercise of the attributes of parental authority from the parents regarding medical clearance, school and social authorizations, including obtaining a passport or a driver’s license and ALLOWS the DYP to sign in the place of the parents; [ 24 ] ORDERS that the parents remain sober and do not consume drugs or alcohol in the presence of the child; [ 25 ] FORBIDS the parents from denigrating one another in the presence of the child; [ 26 ] ORDERS that a person working for an establishment provides aid, counsel and assistance to the child and her family until [...], 2027; [ 27 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the Centre intégré de santé et de services sociaux A for the carrying out of the present measures.

Signed on July 28, 2023 YVES DESAULNIERS, J.C.Q. Me Joanie Bujold CISSS A, Service du contentieux On behalf of the applicant Me Jules Grenier Grenier, Grenier et Grenier On behalf of the child Date of hearing: June 6, 2023