2022 QCCQ 11708, 2022 QCCQ 11708

Protection de la jeunesse — 226840 2022 QCCQ 11708 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-41-002713-219 DATE: November 9, 2022 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in […] Applicant and X, born on [...], 2020 Child and A Mother ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVISION (First paragraph of

section 95 Youth Protection Act , CQLR, 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.). [ 1 ] The Director of Youth Protection applied under s. 95 of the Youth Protection Act [1] for the review of a decision rendered on November 24, 2021, by the Honourable Dominique Wilhelmy, J.C.Q. At that time, she declared that the security or development of the child was in danger, according to

section 38(b)(1)(iii) of the Youth Protection Act [2] and entrusted her to a foster family. [ 2 ] The child, who is two years old, was not present at the hearing, but she was represented by counsel. The mother also was not present, but she mandated counsel to represent her. [ 3 ] The applicant is asking that the child be entrusted to a foster family until November 30, 2023. The mother agrees with the measure and admits the following facts. [ 4 ] A traditional adoption by the maternal grandmother, Mrs.

B, was considered, but the process has been abandoned by the mother. [ 5 ] The mother’s situation and her cooperation with Youth Protection have improved overall since the last measures. The mother’s parenting skills have been shown to be mostly adequate. [ 6 ] The mother did not seek help through Social Services or any other resource for her alcohol consumption issues. [ 7 ] Since the last Court hearing, the child’s situation has fluctuated and remains fragile.

Despite the placement order, the child was often with the mother or the grandmother outside of the visiting hours and without supervision. [ 8 ] On several occasions, Youth Protection met with the family and the foster mother, Mrs. C, to address the situation. When questioned by Youth Protection, the mother confirmed that the child had been in the family home for three days, without a visit being authorized. Following the visit, the placement with Mrs. C was ended, and the child was entrusted to another foster family, Mrs.

D. [ 9 ] On April 12, 2022, Youth Protection found the child with her grandmother at the family home, even though contact had, once again, not been authorized. [ 10 ] No other family member was able to care for the child in the long term. On April 21, 2022, the child was entrusted to the Specialized Foster Home in Town A. Since then, the child’s situation has been stable, and she has been developing well. [ 11 ] No issue was submitted to the Tribunal. FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the application;

[ 13 ] REVIEWS the decision rendered on November 24, 2021; [ 14 ] DECLARES that the security and the development of X, born on [...], 2020, are still in danger; [ 15 ] ENTRUSTS the child to a foster family, chosen by the institution operating a child and youth protection centre; [ 16 ] ORDERS that the child be gradually reintegrated under the care of the mother as soon as the situation allows; [ 17 ] ORDERS that the child and the child’s mother take an active

part in the application of any of the measures ordered by the Tribunal; [ 18 ] ORDERS that the child and the child’s mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 19 ] RECOMMENDS that the mother seek help through the Social Services concerning her alcohol, drug, and personal issues; [ 20 ] ORDERS that the terms, frequency (at least once a month) and degree of supervision of contact between the child and her mother be determined by the Director of Youth Protection; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and the child’s mother; [ 22 ] ORDERS the execution of this judgment by any peace officer; [ 23 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out; [ 24 ] THE WHOLE until November 30, 2023. __________________________________ MARC OUIMETTE, J.C.Q.

Mtre Alix Génier Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Michaël Pereira Desmarais Desvignes Crespo s.e.n.c.r.l. Counsel for the child Mtre Cassandra Neptune Centre communautaire juridique A Counsel for the mother Date of hearing: November 9, 2022