2023 QCCQ 4617, 2023 QCCQ 4617

Protection de la jeunesse — 231360 2023 QCCQ 4617 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 145-41-000434-131 DATE: February 23, 2023 ______________________________________________________________________ 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, 9.3 and 135 Y.P.A.). [ 1 ] The director of youth protection (DYP) has been involved with this family for many years due to the significant personal difficulties of both parents. [ 2 ] In the past, the two children and their older sister were entrusted to their maternal grandparents. [ 3 ] In 2019, the Court ordered them to be placed in the foster care of their maternal grandparents until they reached the age of majority. [ 4 ] Following the death of the grandmother, the DYP removed the children from the home because the grandfather was unable to care for them on his own. [ 5 ] In June 2022, the two children were placed in a new foster family.

The DYP is now asking the Court to order that the children remain with their current foster family until they reach the age of majority. [ 6 ] The children consent to the orientation recommended by the DYP. Neither parent attends the hearing. [ 7 ] At the end of the hearing, the Court renders an oral judgment and grants the application. The reasons for this decision are as follows. [ 8 ] The parents’ situation remains practically unchanged and does not allow for the return of the children to either parent. [ 9 ] Both children have adapted well to their new foster family.

They are evolving positively in this home environment. They are involved in a variety of activities. [ 10 ] The foster caregiver demonstrates a commitment to the long-term care of the children. She also welcomes the children’s sister for visits. [ 11 ] Considering the lack of parental involvement, the commitment of the foster family and the consent expressed by the children’s attorney, the Court concludes that the application should be granted. The placement of the children until they reach the age of majority is in their best interests.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 12 ] GRANTS the application for revision and extension of order; [ 13 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 14 ] REVISES AND EXTENDS the Court order rendered on August 31, 2022; [ 15 ] ORDERS that the child be entrusted to the foster family designated by the DYP, namely the one of C, until […], 2029; [ 16 ] ORDERS that contact between the child, her parents and paternal grandmother be determined according to an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 17 ] AUTHORIZES the maintenance of personal relationships of the child with her sibling; [ 18 ] WITHDRAWS from the parents the exercise of the attributes of parental authority regarding medical clearance, school authorities, social and other permissions, obtaining a passport application and AUTHORIZES the DYP to sign in the place of the parents; [ 19 ] ORDERS that the parents be sober in the presence of the child; [ 20 ] ORDERS that the parents do not denigrate one another or social services in the presence of the child; [ 21 ] ORDERS that the parents actively participate in the application of the measures ordered; [ 22 ] ORDERS that a person working in an organization of institution bring to the child as well as to her family, help, advice and support until […], 2029; [ 23 ] 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 March 15, 2023