2020 QCCQ 10452, 2020 QCCQ 10452

Protection de la jeunesse — 207770 2020 QCCQ 10452 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000546-173 DATE: November 18, 2020 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2008 Child -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ JA1013 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 (DYP) asks the Court to revise the judgement rendered on July 14, 2020, in respect of the child in order entrust her to a foster family. [ 2 ] At the hearing, the parties are absent. However, the father as well as the child are duly represented by a lawyer.

They consent to the measures recommended by the DYP and to the deposit of the reports to value the testimony of their authors. [ 3 ] At the last hearing, on July 8, the DYP asked that the child be entrusted to her paternal aunt and spouse, even though she was already entrusted to another family for almost the past three years, in which she was doing well.

At this point, the Court concludes that the life project is poorly planned and the placement of the child in this new environment is not sufficiently prepared. [ 4 ] Faced with the evidence heard, the Court decides not to entrust the child until majority, but rather for a period of one year with a progressive integration into her new foster family, in order to assess the validity of this plan. The goal of this change is to integrate a family environment within her community.

Undeniably, the child agrees with this measure, but expresses an uncertainty since she is comfortable with her present foster family. [ 5 ] After the judgment was rendered on July 14, 2020, the child begins to express her wish to remain with her current family and does not want to go live with her aunt and uncle. The only part she feels bad about; it is that she would miss being with her sister. Furthermore, her uncle now seems to have health concerns. As a result, his aunt and uncle withdrew from their plan to welcome the child into their home, despite all the love and affection they have for her.

They agree that it would be in her best interest to remain with her current foster family. [ 6 ] During the present measure, it will be necessary to set up a serious life plan for this child and to prepare it adequately in order to prevent the current situation from happening again. The evidence demonstrates that the security and development of the child are still in danger. Considering the evidence adduces, the application is well founded. Furthermore, these measures appear to be in the child’s best interest.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 7 ] GRANTS the application for revision of order; [ 8 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the Youth protection act ; [ 9 ] REVISES the court order rendered on July 14, 2020, in the present file; [ 10 ] ORDERS that the child be entrusted to a foster family designated by the DYP until, July 31, 2021; [ 11 ] ORDERS that the contacts between the child and her parents be determined according to an agreement between the parties and that they be supervised, as long as deemed necessary by the DYP; [ 12 ] ORDERS the parents to be sober in the presence of the child; [ 13 ] PROHIBITS the parents from denigrating each other or social services in the presence of the child; [ 14 ] RECOMMENDS the parents to benefit from counselling regarding their personal difficulties; [ 15 ] ORDERS the parents to actively participate in the application of the measures ordered; [ 16 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and her family until age July 31, 2021; [ 17 ] 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 present judgment; [ 18 ] ORDERS to individuals covered by this order to comply. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Ann-Chloé Boudreau for the child Me Ariane Cayer for the father Mrs. A the mother (absent) Written judgment filed on November 26, 2020.