2019 QCCQ 14923, 2019 QCCQ 14923

Protection de la jeunesse — 1911169 2019 QCCQ 14923 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002236-187 DATE: December 19, 2019 ______________________________________________________________________ BY THE HONOURABLE LUCIE GODIN, J.C.Q. ______________________________________________________________________ MRS. [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant -and- X, residing and domiciled in [...] Child -and- MRS. A, residing and domiciled at [...] Mother -and- MR.

B, residing and domiciled in [...] Father ______________________________________________________________________ JUDGMENT (Sec. 95 of the Youth Protection Act ) ______________________________________________________________________ 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 ] In the matter of X, born on [...], 2018. [ 2 ] The Director of Youth Protection (the Director) submitted an application for the extension of a decision rendered on February 25, 2019, entrusting the child to an [Nation A] foster family and ordering various assistance measures including a social follow-up by Social Services until November 30, 2019. [ 3 ] The Director alleged a long series of facts.

This judgment will refer to those facts. [ 4 ] The Director recommends that the child be entrusted to the foster family of Mrs. C until the age of majority, [...], 2036, and to order several assistance measures including a follow-up until [...], 2036. [ 5 ] The parents deny some facts, ignores others, and admit some of them.

They recognize that the child is doing well in her foster family, and they don’t contest the recommendations of the DYP. [ 6 ] The evidence reveals the following facts. [ 7 ] Since the last Court hearing the situation of the parents remains the same. [ 8 ] The contacts between the parents and the child are irregular. [ 9 ] The parents are ambivalent regarding their involvement in the life of the child. [ 10 ] On September 18, 2019, the parents had a supervised visit and it did not go well.

The parents deny this fact. [ 11 ] On October 24, 2019, the parents were offered another visit but they refused and verbalized that they would prefer to wait until

December 2019. [ 12 ] Multiple efforts were made to find an [Nation A] foster family. [ 13 ] The child is doing well in her foster family down south. The parents recognize it. [ 14 ] The foster family is willing to take care of the child until the age of majority. [ 15 ] The collaboration of the parents with the Youth Protection is irregular and minimal.

ANALYSIS: [ 16 ] During the current measures the parents continued to demonstrate little attention towards the child, and although the Youth Protection offered many contacts they only saw her once by videoconference and once in person, in [Town A]. [ 17 ] In November 2019, the parents expressed their desire to reintegrate the child under their care. However, they were unavailable for contacts with the child until January 2020.

The child deserves and has a right to develop in a stable and nurturing environment that will respond to her basic and specific needs. [ 18 ] In the last year, the child has remained in the same foster family who has been able to meet these needs and develop a significant bond. The child is now attached to her foster parents and feels safe in their presence. [ 19 ] The maximal delays of placement have been reached and the parents have not mobilized themselves significantly during these measures. [ 20 ] It is necessary and in the best interest of the child to offer her a stable life plan.

Given the evidence, the Court concludes that all the facts alleged in the application have been proven. Declares that the security or development of the child continue to be in danger and given her age, orders the following recommendations that are in her best interest. FOR THESE MOTIVES, THE COURT: [ 21 ] GRANTS the application; [ 22 ] DECLARES that the security and development of the child continue to be in danger; [ 23 ] ENTRUSTS the child to the foster family of Mrs. C, until the age of majority, [...], 2036; [ 24 ] ORDERS that the child’s parents take an active

part in the application of any of the measures ordered by the Court; [ 25 ] ORDERS that the parents report in person, at regular intervals, to the Director to inform him of their current situation; [ 26 ] ORDERS that the contacts between the child and the parents be determined by the DYP as for the modalities, the frequency and the degree of supervision; [ 27 ] ORDERS that aid, counsel and assistance be provided to the child and the family until [...], 2036; [ 28 ] ORDERS any peace officer to collaborate in the execution of the present judgment; [ 29 ] ENTRUSTS the situation of the child to the Director of [Youth Protection A] for the purpose of executing the measures. [ 30 ] THE WHOLE until [...], 2036; Signed in _________ on January ___ 2020 __________________________________ LUCIE GODIN, J.C.Q.

M e Karianne Asselin Cain Lamarre, s.e.n.c.r.l. Lawyer for the DYP M e Laurence Migué Legal Aid Lawyer for the child M e Angèle Tommasel

Lawyer for the parents Date of hearing: December 19, 2019