2021 QCCQ 11661, 2021 QCCQ 11661

Protection de la jeunesse — 216442 2021 QCCQ 11661 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 755-41-003115-196 DATE: July 8, 2021 ______________________________________________________________________ BY THE HONOURABLE CHRISTEL D’AUTEUIL-JOBIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A Applicant -and- X, born [...], 2019 Child -and- A Mother ______________________________________________________________________ JUDGMENT Section 95 (1) (2) 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 ] The Director of Youth Protection (the Director) petitions the Court with an Application for extension of a Court Decision, according to section 95 (2) of the Youth Protection Act , in the matter of the child X , born [...], 2019 . [ 2 ] The Director alleges that the situation of the child necessitates the extension of the Court Order rendered on July 10, 2020, for the reasons outlined in paragraph 4 of the motion. [ 3 ] The Director recommends, as key measures, that the child be entrusted to a foster family and a follow up for a duration of one year.

Situation and Analysis [ 4 ] The child is entrusted in the same foster family where she evolves positively. [ 5 ] The Director is seeking for a declaration of eligibility for adoption concerning the child and the mother is objecting to that petition. [ 6 ] The child has supervised contacts with her mother every three weeks.

Even if the mother denies most of her difficulties, the evidence shows the following during these contacts: ➢ There are very little interactions between the child and her mother; ➢ The child can cry and point the door; ➢ The mother still needs support to intervene with her daughter, namely to hold her and to adapt her actions in accordance with the child getting older; [ 7 ] The mother admits that she cannot take care of the child on a daily basis.

On the other hand, the mother wants to increase the contacts with her daughter. [ 8 ] The mother is also asking that contacts between the child and her older half-sister be organised, even though the child does not know the existence of her half-sibling. [ 9 ] The Court considers that the conclusions proposed by the Director are in the child’s best interest. [ 10 ] The present contacts and their duration serve the best child’s interest. To increase them may be in the mother’s best interest, but

not the child’s. [ 11 ] Concerning the mother’s request about the child’s half-sister, the Court cannot grant this demand. It is not in the child’s best interest to meet her half-sister, especially since she does not know her and also considering the project for adoption that will be proposed.

FOR THESE REASONS, THE COURT : [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and development of the child are still in danger; [ 14 ] EXTENDS the Court o rder rendered on July 10, 2020; [ 15 ] ORDERS that the child be entrusted to a foster family chosen by the Director of Youth Protection; [ 16 ] ORDERS that the con tacts between the child and her mother be following agreement between the parties and in the presence of a third party and in the absence of agreement that they take place every three weeks ; [ 17 ] ORDERS that the mother of the child take s an active

part in the application of the measures ordered; [ 18 ] ORDERS that a person working for an institution or body provide aid, counseling or assi stance to the child and her family; [ 19 ] ORDERS that the mother reports in person at regular intervals to the Director of Youth Protection to inform her of the current situation; [ 20 ] ENTRUST the situation of the child to the Director of Youth Protection A for the execution of the present judgment ; [ 21 ] THE WHOLE for a period of one year. __________________________________ CHRISTEL D’AUTEUIL-JOBIN, J.C.Q. M e Marianne Galipeau Théroux Attorney for the D.Y.P.

M e Valérie Lavigne Attorney for the mother M e Gail Rollo Attorney for the child Date of hearing: July 8, 2021