2023 QCCQ 6689, 2023 QCCQ 6689

Protection de la jeunesse — 233568 2023 QCCQ 6689 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000987-195 DATE: May 30, 2023 ______________________________________________________________________ BY THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X, born on [...], 2019 Child and [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT FOR EXTENSION (

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ 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 Y.P.A.).

Introduction [ 1 ] In accordance with the requirements 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 May 30, 2023. [ 2 ] The Director of Youth Protection (DYP) asks the Court to extend a decision rendered on January 20, 2022, in the situation of X.

Her security or development was then declared still in danger and she was entrusted to a foster family until December 31, 2022. [ 3 ] DYP consequently asks the Court to order the placement of the child in her current foster family until her age of majority. [ 4 ] The mother asks the Court to declare that the rights of her child have been infringed and to impose corrective measures. The response to this request will be the subject of another decision. Question in litigation [ 5 ] Are the security and development of the child still compromised?

In the affirmative, do the recommended measures answer her needs and are they in her best interest? Context [ 6 ] The child is doing well in her current foster family. Before her current placement, she has been through multiple foster placements. [ 7 ] The parents improved their situation, and they want the child to return to the North. However, they agree to travel to [Town A] to see her. [ 8 ] It is necessary for the child and in her best interest to preserve her mother tongue, the family bond, and create a connection to the land.

Therefore, a calendar of contacts must be put in place. [ 9 ] X must also be exposed to English speaking to be able to communicate with her family members. [ 10 ] The foster family where she lives is now in a position to take care of the child.

[ 11 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the proof is sufficient to declare that the security and development of the child are still in danger and that the measures suggested meet partially her needs and deemed to be in her best interest.

FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the application for extension and EXTENDS the decision rendered on January 20, 2022; [ 13 ] DECLARES that the security or development of X, born on [...], 2019, is still endangered pursuant the Youth Protection Act ; [ 14 ] ENTRUSTS the child to a foster family; [ 15 ] STRONGLY SUGGESTS the Director of Youth Protection to explore availability of a foster family in [Territory A]; [ 16 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court and that they report in person at regular intervals to the Director of Youth Protection to inform her of the current situation; [ 17 ] ORDERS that the parents remain sober and refrain from any kind of violence in the presence of the child; [ 18 ] ORDERS that the parents seek help through the Social Services or another resource deemed appropriate concerning their substance abuse and personal issues; [ 19 ] TAKES JUDICIAL NOTICE that the father is sober for two months; [ 20 ] ORDERS that the contact between the child and the parents be determined by the Director of Youth Protection as for the modalities, the frequency and the degree of supervision; [ 21 ] AUTHORIZES the Director of Youth Protection to perform unannounced visits at the parent’s residence when the child is present; [ 22 ] WITHDRAWS from the parents the exercise of certain attributes of parental authority, such as health, school, extracurricular activities and travelling and GRANTS it to the Director of Youth Protection; [ 23 ] ORDERS that the Director of Youth Protection make sure that an assessment be performed to evaluate the quality of the attachment of the child with the foster family and with the parents and also to evaluate the impact of a change of environment would have on the child; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 25 ] ORDERS to any peace officer to collaborate in the execution of this enactment, if requested by the Director; [ 26 ] ENTRUSTS the situation of the child to the Director who shall then see that the measure is carried out; [ 27 ] THE WHOLE until February 27, 2024. __________________________________ Dominique Wilhelmy, J.C.Q.

M e Justine Carli For the applicant M e Geneviève Lucas For the child M e Ève Laoun For the mother M e Lola Rodriguez-Melka For the father Date of hearing: May 30, 2023