2022 QCCQ 12675, 2022 QCCQ 12675

Protection de la jeunesse — 225821 2022 QCCQ 12675 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000434-131 DATE: August 31, 2022 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2011 Child and A B Parents/Respondents ______________________________________________________________________ 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 9.2 and 9.3 and 135 Y.P.A.). [ 1 ] Those children have been removed from their parents’ care at a very young age. [ 2 ] Both parents struggle with long-lasting personal issues.

They are not involved in their children’s daily lives. [ 3 ] In 2019, the Court entrusts all three children to a foster family, namely the one of their maternal grandparents, until they come of age. [ 4 ] Unfortunately, the grandmother gets ill and passes away in April of this year. [ 5 ] The grandfather is not able to care for the children on his own. The situation deteriorates quickly following the grandmother’s death. [ 6 ] The grandfather cannot enforce rules and a proper routine. He delegates his authority to his daughter, and that aunt does not behave in the best interest of the children.

The aunt does not meet the children’s needs, neither does she cooperate with the director of youth protection (DYP). [ 7 ] Meanwhile, the oldest girl starts showing behavioural disturbances. She does not inform the foster home of her whereabouts and leaves school grounds without permission. At the end of May, she commits herself to respect rules at home and in school, but she fails to do so afterwards. On June 16, she is suspended from school. On the same day, she is entrusted to a rehabilitation centre, pursuant to the application of an immediate protective measure.

She remains there ever since, on a provisional basis. [ 8 ] The two youngest children are also removed from their grandfather’s foster home, at the end of June. They are both entrusted to the same foster family and they are adjusting well and respecting rules. [ 9 ] The oldest girl still demonstrates behaviour issues at the rehabilitation centre. As of now, she needs professional support on a daily basis. The goal is to eventually have her entrusted to the same foster home as her siblings. [ 10 ] At the light of the evidence, it is necessary to revise the previous judgement.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 11 ] GRANTS the application for revision of order; [ 12 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 13 ] ORDERS that the child be entrusted to a foster family designated by the DYP until February 28, 2023; [ 14 ] ORDERS that contact between the child and her parents be determined by agreement between the parties and AUTHORIZES the DYP to supervise them; [ 15 ] RECOMMENDS that the child maintain her relationships with her siblings and that she participate in outings, events and excursions with them; [ 16 ] WITHDRAWS from the parents the exercise of their parental authority regarding medical clearance, school authorities, social and other permissions including a passport application and ALLOWS the DYP to sign in the place of the parents; [ 17 ] ORDERS that the parents be sober when in the presence of the child; [ 18 ] ORDERS that the parents do not denigrate the other parent or social services in the presence of the child; [ 19 ] ORDERS that the parents actively participate in the measures ordered to put an end to the situation of endangerment; [ 20 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and her family until February 28, 2023; [ 21 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Jules Grenier for the child Ms. A the mother (absent) Mr. B the father (absent) Written judgment filed on September 27, 2022