2022 QCCQ 6385, 2022 QCCQ 6385

Protection de la jeunesse — 222280 2022 QCCQ 6385 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] TOWN […] Youth Division No: 635-41-000974-193 DATE: April 20, 2022 ______________________________________________________________________ PRESIDING : THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, district A Applicant and X, born on […], 2014 Child and A Mother and B Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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) submitted an application to the Court to extend the order rendered by the Honourable François Ste-Marie on June 7, 2021. [ 2 ] The Director recommends that the child be entrusted to a foster family, namely that of C, until she reaches the age of majority. [ 3 ] The mother agrees with the Director’s recommendations. As for the father, he was not present at the hearing. He has not been cooperating with the Director.

He did not inform him of his release from detention. According to the foster family, who is the father’s sister, he maintains regular contact with the child. Attempts to communicate with him through Ms. C were unsuccessful. [ 4 ] Counsel for the child agrees with the measures proposed by the Director. [ 5 ] The mother is still struggling with her alcohol consumption issues. She has not sought help to address her issues. [ 6 ] She has shown little involvement in her daughter’s life. She did not attend any of the visits scheduled in June and July 2021. Her last visit was on July 23, 2021.

She called the foster family while intoxicated by alcohol and showed up at their residence. Ms. C did not facilitate those visits because she did not want the child to be exposed to her mother’s alcohol consumption. [ 7 ] On November 25, 2021, the applicant proposed to the mother to work again on a calendar of visits, and she agreed, stating that she missed her daughter. Nevertheless, she never contacted the applicant or informed her of her whereabouts. [ 8 ] According to the foster mother, at the beginning of the placement, the child had high expectations of returning to her mother’s care.

After two years, the child realized that her mother could not take care of her. She considered her paternal aunt’s home as her own, and she is well adjusted in this environment. [ 9 ] On many occasions, Ms. C has expressed that she is willing to take care of the child on a long-term basis. She considers the child as her own child and she is willing to provide her with a stable and secure environment until she reaches the age of majority. [ 10 ] The Court considers that the child is entitled to a permanency plan. The maximal delay of placement prescribed in

section 91.1(

a) of the Youth Protection Act has been reached and there is no expectation that the child will return with the parents. [ 11 ] The Director asks that certain attributes of parental authority be withdrawn from the parents and granted to C. The difficulties for the Director to reach the parents and the fact that they did not inform him of their whereabouts render very difficult to ensure that the child will receive services she needs in a reasonable delay. The Court believes this request is in the best interest of the child considering

the lack of collaboration of both parents with the Director. THEREFORE AND FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the Application; [ 13 ] DECLARES that the security and development of X, born on […], 2014, are still endangered; [ 14 ] ORDERS that the child be entrusted until the age of majority to a foster family, namely the one of C; [ 15 ] ORDERS that parents report in person, at regular intervals, to the Director of Youth Protection to inform him of their current situation; [ 16 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court and fully collaborate with the Director of Youth Protection; [ 17 ] ORDERS that the parents remain sober in the presence of the child; [ 18 ] ORDERS that the parents refrain from any kind of violence in the presence of the child; [ 19 ] RECOMMENDS that the mother seek help through the social services or another resource deemed appropriate for her substance abuse and personal issues; [ 20 ] RECOMMENDS that the father seek help through the social services for his anger management and personal issues; [ 21 ] ORDERS that the contact between the child and the parents be determined by the Director of Youth Protection with respect to terms, frequency and level of supervision; [ 22 ] WITHDRAWS the exercise of certain attributes of parental authority from the mother and grant them to Ms.

C, notably regarding health, school, extracurricular activities, travelling and passport; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child, the child’s family and the child’s foster family; [ 24 ] THE WHOLE until […], 2032. Signed in Town C on __________________________________ RENÉE LEMOINE, J.C.Q. Mtre Gabrielle Francoeur For the child Mtre Geneviève Apollon For the applicant Mtre Ève Laoun For the mother Date of hearing: April 20, 2022