2022 QCCQ 12152, 2022 QCCQ 12152

Protection de la jeunesse — 227352 2022 QCCQ 12152 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 525-41-032594-178 DATE: December 21, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2017 child and A B parents ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 9.2, 9.3 and 135 Y.P.A. ). [ 1 ] In accordance with the requirements of

section 90 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 December 21, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the Honourable Carole Brosseau on October 24, 2019. [ 3 ] Today, the Director recommends that the Tribunal withdraw from the father the exercise of the attributes of his parental authority pertaining to travel (including passport application) for the child, granting the exercise of these attributes of parental authority to the child’s foster mother, Ms.

C. [ 4 ] The parents were aware of the hearing but were absent. [ 5 ] The child’s attorney agreed with the Director’s plan. Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and Analysis [ 7 ] The child has continued to thrive in Ms. C’s foster family. He resides in the same foster family as his brother. [ 8 ] Ms. C is planning to travel in January 2023. She wishes to include the child in this travel. [ 9 ] The father was refusing to provide his authorization to this project. He was also refusing for the child to obtain a passport.

The father was not providing any reason to make such decision outside of saying that if the child is not traveling with him, he should not travel at all. [ 10 ] On October 12, 2022, in front of the Tribunal, the father agreed for the child to obtain a passport and travel with his foster

family. Consequently, the Tribunal authorized the foster mother to apply for the child’s passport and to travel with the child to Jamaica in January 2023. [ 11 ] The Director’s recommendations are clearly in the child’s best interest.

THEREFORE, AND FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the application for revision; [ 13 ] DECLARES that the security or the development of the child is still endangered; [ 14 ] REVISES the order rendered on October 24, 2019 by the Honourable Carole Brosseau; [ 15 ] MAINTAINS all orders rendered on October 24, 2019; [ 16 ] WITHDRAWS from the father the exercise of the attributes of his parental authority pertaining to travel (including passport application) for the child and GRANTS the exercise of these attributes of parental authority to the child’s foster mother, Ms.

C; [ 17 ] THE WHOLE until the child’s age of majority; [ 18 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q. Written and signed on January 9, 2023 /cd Mtre Hanane Loumi Counsel for the Director of Youth Protection Mtre Nadia Sabik Counsel for the child Date of hearing: December 21, 2022