2021 QCCQ 11680, 2021 QCCQ 11680

Protection de la jeunesse — 216707 2021 QCCQ 11680 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 614-41-000568-206 DATE: September 10, 2021 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth A Applicant And X, born on [...], 2016 Child And A Mother ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act, ch.

P-34.1 CQLR ) ______________________________________________________________________ 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 submits an application to extend the placement of the child who is now four years old. [ 2 ] The mother was duly served on August 26, 2021. She is neither present nor represented by counsel.

Given the fact that she was duly served, the Court agreed to proceed in her absence. [ 3 ] The applicant is seeking a placement of the child until he reaches the age of majority in the foster home of Mr. B and Mrs. C, where he has been living since June 2020. [ 4 ] Prior to the judgment rendered in June 2020, the child had been placed for a period of six months that ended in December 2018. That is to say that in his young life, the child has been living in foster families for 21 months now. [ 5 ] According to the revision report, the mother did not collaborate with the Director of Youth Protection.

She is basically in the same situation. She still consumes drugs and has an unstable life. She had very irregular contacts with her son and the bond between them is slowly lessening. [ 6 ] Twice during weekend visits, the child had been found playing outside alone while the mother was sleeping inside. [ 7 ] She has not seen her son since March 2021. [ 8 ] The child needs a stable and loving environment. He cannot be put on hold indefinitely, waiting for his mother to change her lifestyle.

The mother demonstrates that she is unwilling to take steps in order to solve her issues with drugs, impulsivity and aggressiveness. [ 9 ] It is very unlikely that the mother will take steps to improve her situation in a foreseeable future. [ 10 ] The child has the right to continuity of care, stable relationships and stable living conditions corresponding to his needs and this, on a permanent basis. [ 11 ] The Court had the opportunity to have the foster parents testify. They commit themselves to take care of X until he reaches the age of majority.

The child has been living there since June 2020 and is described as easy-going, calm. The foster parents are stable and capable of caring for X and carry out this life plan.

FOR THESE MOTIVES, THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and development of X, born on [...], 2016, are still endangered; [ 14 ] ORDERS the placement of X in a foster family, namely the one of Mr. B and Mrs.

C, until he reaches the age of majority on [...], 2034; [ 15 ] ORDERS that the Director of Youth Protection determine contacts between the child and his mother as for the frequency and the modalities with the supervision of a third party if necessary and that these access rights only take place if it is in the best interest of the child; [ 16 ] ORDERS that the mother be and remain sober at all times when in the presence of the child and PROHIBITS the mother to put the child in presence of people who are under the influence of intoxicating substances; [ 17 ] RECOMMENDS that the mother seek help for her substance abuse issues and that she attend workshops for anger management as well as to follow the recommendations made by the professionals; [ 18 ] AUTHORIZES that the Director of Youth Protection obtain and share information with all service providers; [ 19 ] WITHDRAWS from the mother certain attributes of parental authority and INVESTS the Director of Youth Protection with the exercise of such attributes of parental authority for the purpose of signing consents for medical, educational, recreational purposes including travel, obtaining a passport, a social insurance number and driver’s licence; [ 20 ] ORDERS that aid, counselling and assistance be provided to the child and his foster family until he reaches the age of majority; [ 21 ] ORDERS that a social follow-up be available for the mother if she expressly requests it; [ 22 ] ORDERS any peace officer to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection of one of its representatives; [ 23 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Magdalena Lempicka Ferreira Lempicka Attorneys Lawyer for the applicant Mtre. Fanny Wylde Legal Aid A Lawyer for the child Date of hearing: September 10, 2021