2023 QCCQ 8638, 2023 QCCQ 8638

Protection de la jeunesse — 231707 2023 QCCQ 8638 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 525-41-032594-178 DATE: April 14, 2023 ______________________________________________________________________ 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 April 14, 2023. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered on December 12, 2022. [ 3 ] Today, the Director recommends that the exercise of certain attributes of the parental authority be withdrawn from the parents and be granted to Ms. C. [ 4 ] The parents were duly notified but failed to appear in Court. [ 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. [ 8 ] Ms. C wishes to register the child in the same school as his brother. This school provides more support and services for children with behavioural issues. [ 9 ] During a visit in December 2022, the father behaved inappropriately with his son and made inappropriate comments towards the foster family.

Following this visit, the Youth Protection worker requested to see the father to review supervision and rules for the visits. It was difficult for the father to participate in that process. [ 10 ] On February 6, 2023, the father refused for the child to transfer to a different school. He did not provide any valid reason for his refusal. [ 11 ] On February 15, 2023, the father presented himself to a supervised visit at the Director’s office. During this visit, he criticized everything and insisted for the child to make accusations against the foster family.

Since this visit, the father has not collaborated in setting a new supervised contact with the child.

[ 12 ] The child is often asking to have his hair cut as he is bullied at school. When the Youth Protection worker relayed this request, the father simply answered that the child can ask him himself. As the child wants to please his father, he may feel unsure about asking his father for this permission. [ 13 ] On February 14, 2023, the Tribunal rendered a provisional order, withdrawing from the father the exercise of his parental authority regarding the choice of school including registration for the child and attributing this exercise to Ms.

C. [ 14 ] At this point, the father is not always able to prioritize his child’s needs over his own. He feels threatened by the Director and the foster family to the point where he will make decisions that are not in his child’s best interest.

THEREFORE, AND FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application for revision; [ 16 ] DECLARES that the security or the development of the child is still endangered; [ 17 ] REVISES the order rendered on December 21, 2022; [ 18 ] MAINTAINS all orders rendered on December 21, 2022 compatible with the present order; [ 19 ] WITHDRAWS from the parents the exercise of certain attributes of the parental authority pertaining to health, education, therapeutic needs, extracurricular activities and travel (including the application of a passport), application for a driving license and for a social insurance number and hair cutting, and GRANTS this parental authority to the foster mother, Ms.

C; [ 20 ] ORDERS that the frequency and modalities of contacts between the child and his father be determined by the Director of Youth Protection, including supervision if deemed necessary and taking into consideration the child’s wishes; [ 21 ] ORDERS that an extract of judgment be made for Ms. C; [ 22 ] THE WHOLE until the child’s age of majority; [ 23 ] 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 April 20, 2023 /cd Mtre Hanane Loumi Counsel for the Director of Youth Protection Mtre Nadia Sabik Counsel for the child Date of hearing: April 14, 2023